Terms & Conditions
INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN
AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.
What is juramd
1. The domain name www.juramd.com.com, an internet based portal and juramd.com a mobile application, is owned and operated by OLYMPUS THERAPEUTICS PVT LTD, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “juramd” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
4. The Website is a platform that facilitates (i) online purchase of pharmaceutical Ayurvedic and wellness products sold by OLYMPUS THERAPEUTICS PVT LTD Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website.
Indian Contract Act, 1872 (“Contract Act”); ii. 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”);
iii. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
iv. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
v. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
vi. Pharmacy Act, 1948 (“Pharmacy Act”) and vii. the Consumer Protection Act, 1986.
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,
contents on the Website including information, text, graphics, images, logos, button
icons, software code, design, and the collection, arrangement and assembly of
content, contains OLYMPUS THERAPEUTICS PVT LTD’ content as well as in-house
content provided by juramd including without limitation, text, copy, audio,
video, photographs, illustrations, graphics and other visuals (“juramd
Content”) (collectively, “Content”). The juramd Content is the property of OLYMPUS
THERAPEUTICS PVT LTD and is protected under copyright, trademark and other
applicable law(s). You shall not modify the juramd Content or reproduce,
display, publicly perform, distribute, or otherwise use the juramd Content in
any way for any public or commercial purpose or for personal gain.
13. For the purposes of availing the Services and/or transacting with the OLYMPUS THERAPEUTICS PVT LTD through the Website, You are required to obtain registration, in accordance with the procedure established by juramd in this regard. As part of the registration process, juramd may collect the following personal information from You:
ii. User ID;
iii. Email address;
iv. Address (including country and ZIP/ postal code);
vii. Phone number;
viii. Password chosen by the User;
ix. Valid financial account information; and
x. Other details as You may volunteer.
15. A registered id can only be utilized by the person whose details have been provided and juramd does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
16. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
17. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify juramd if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
18. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by juramd for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, juramd may allow authorized third parties to place or recognize a unique cookie on the Your browser. juramd does not store personally identifiable information in the cookies.
2. Use of Services and the Website:
E-Commerce Platform for Pharmaceutical Products –
1. Platform to facilitate transaction of business:
2. Through the Website, juramd facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by OLYMPUS THERAPEUTICS PVT LTD (“Pharmaceutical Goods and Services”). You understand and agree that juramd and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the OLYMPUS THERAPEUTICS PVT LTD, are third party user generated contents and third party products. Juramd has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the OLYMPUS THERAPEUTICS PVT LTD through the Website shall be the sole responsibility of the OLYMPUS THERAPEUTICS PVT LTD. You understand and agree that juramd shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
3. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the OLYMPUS THERAPEUTICS PVT LTD and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the OLYMPUS THERAPEUTICS PVT LTD shall strictly be a bipartite contract between the OLYMPUS THERAPEUTICS PVT LTD and You.
4. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the OLYMPUS THERAPEUTICS PVT LTD, and after sales services related to such Pharmaceutical Goods and Services. juramd does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the OLYMPUS THERAPEUTICS PVT LTD. Representation as to legal title
5. juramd does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the OLYMPUS THERAPEUTICS PVT LTD on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with juramd nor shall juramd have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the OLYMPUS THERAPEUTICS PVT LTD, who are advertising or offering them for sale on the Website and are the ultimate sellers.
6. You agree and acknowledge that the OLYMPUS THERAPEUTICS PVT LTD shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such OLYMPUS THERAPEUTICS PVT LTD do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such OLYMPUS THERAPEUTICS PVT LTD, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
1. Non-Performance of Contact
You accept and acknowledge the following:
1. juramd is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the OLYMPUS THERAPEUTICS PVT LTD for purchase and sale of goods or services offered by such OLYMPUS THERAPEUTICS PVT LTD on the Website;
2. juramd cannot and does not guarantee that the concerned OLYMPUS THERAPEUTICS PVT LTD will perform any transaction concluded on the Website;
3. The OLYMPUS THERAPEUTICS PVT LTD are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, juramd is not responsible if the OLYMPUS THERAPEUTICS PVT LTD does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
4. juramd shall not and is not required to mediate or resolve any dispute or disagreement between You and OLYMPUS THERAPEUTICS PVT LTD. In particular, juramd does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
2. Exhibition of drugs and publication of OLYMPUS THERAPEUTICS PVT LTD content on the Website
1. You agree and acknowledge that the respective OLYMPUS THERAPEUTICS PVT LTD are exhibiting Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
2. Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the OLYMPUS THERAPEUTICS PVT LTD on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
3. You acknowledge and agree that such OLYMPUS THERAPEUTICS PVT LTD shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned OLYMPUS THERAPEUTICS PVT LTD to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that juramd provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that juramd has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the OLYMPUS THERAPEUTICS PVT LTD on the Website. Further, it is hereby clarified that the OLYMPUS THERAPEUTICS PVT LTD are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold juramd responsible or liable for any damages arising out of such reliance on third party user generated content by You. 3. Prescription Drugs
1. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products 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 OLYMPUS THERAPEUTICS PVT LTD. In order to purchase Prescription Drugs from OLYMPUS THERAPEUTICS PVT LTD through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to juramd. The order would not be processed and forwarded to the concerned OLYMPUS THERAPEUTICS PVT LTD by juramd until it receives a copy of a valid prescription. OLYMPUS THERAPEUTICS PVT LTD will verify the prescription forwarded by You and in case of OLYMPUS THERAPEUTICS PVT LTD observe any discrepancy in the prescription uploaded by You, the OLYMPUS THERAPEUTICS PVT LTD 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 at the time of medicine delivery failing which medicines will not be delivered. 2. juramd shall maintain a record of all the prescriptions uploaded by the Users.
4. Substitution of Prescribed Drugs
1. 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.
2. You further acknowledge and accept that, in the absence of the above, the concerned OLYMPUS THERAPEUTICS PVT LTD would not dispense a substitute drug in place of the Prescription Drug.
5. Invitation to offer for sale
6. Transfer of Property and Completion of Sale
1. Upon acceptance of the Offer by the concerned OLYMPUS THERAPEUTICS PVT LTD (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third-Party Pharmacy, wherever required under the applicable law(s).
2. You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned OLYMPUS THERAPEUTICS PVT LTD. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned OLYMPUS THERAPEUTICS PVT LTD itself.
3. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned OLYMPUS THERAPEUTICS PVT LTD (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
7. Delivery of Drugs
1. The Pharmaceutical Drugs and Services shall be delivered by the OLYMPUS THERAPEUTICS PVT LTD or independent contractors. You accept and acknowledges that the OLYMPUS THERAPEUTICS PVT LTD or such other transporter/ courier/ delivery personnel, engaged by the OLYMPUS THERAPEUTICS PVT LTD or juramd, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned OLYMPUS THERAPEUTICS PVT LTD to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
2. You further accept and acknowledge that juramd does not engage in the distribution of the Pharmaceutical Drugs and Services, and may provide the services of a third-party transporter/ courier delivery personnel for the purposes of delivery of Pharmaceutical Drugs and Services from the concerned OLYMPUS THERAPEUTICS PVT LTD to the address notified by You.
7. Advertising Guidelines for the Website –
As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
2. For the Third-Party Advertisers: The Third-Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
4. Review: All the advertisements are subject to the review and approval of juramd. juramd reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, juramd also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
5. Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
1. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
2. content depicting nudity, sexual behaviour, or obscene gestures;
3. content depicting drug use;
4. content depicting excessive violence, including the harming of animals;
5. shocking, sensational, or disrespectful content;
6. deceptive, false or misleading content, including deceptive claims, offers, or business practices;
7. content that directs users to phishing links, malware, or similarly harmful codes or sites; and
8. content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.
6. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
1. adult products and services (other than contraceptives; see below);
2. cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
3. products or services that bypass copyright protection, such as software or cable signal descramblers;
4. products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
5. get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
6. illegal or recreational drugs or drug paraphernalia;
7. counterfeit, fake or bootleg products, or replicas or imitations of designer products;
8. firearms, weapons, ammunition, or accessories;
9. advertisements that promote particular securities or that provide or allege to provide insider tips;
10. any illegal conduct, product, or enterprise;
11. unapproved pharmaceuticals and supplements;
12. prescription drugs;
13. products that have been subject to any government or regulatory action or warning;
14. products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
15. material that directly advertises products to or is intended to attract children under the age of 13.
7. Prohibited Advertisements under the Drugs and Magic Act:
1. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
1. the procurement of miscarriage in women or prevention of conception in women; or
2. the maintenance or improvement of the capacity of human beings for sexual pleasure; or
3. the correction of menstrual disorder in women; or
4. the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or
provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
5. prohibition of misleading advertisements relating to drugs;
6. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
1. directly or indirect