Terms of use

Please read these terms of use carefully by accessing or using this 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.

1. 1. The domain name(s), www.medikart.co.in & www.medikart.co an internet-based portal, is owned and operated by Medikart Healthcare systems  Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “MEDIKART” or “We” or “Our” or “Us” or “Company”). The domain name(s) collectively referred to as the “Website”.
   2. Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and “Medikart Healthcare systems  Private Limited” on the other Part.
   3. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
   4.  The Website is a platform that facilitates (i) online Sale of medical devices , medical consumables and hospital supplies online (the “Service”). sold and facilitated by Medikart Healthcare systems  Private Limited.(Service provider)  (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party service provider”); (iii) online counselling  consultancy services third party independent doctors, Medical technicians ,clinicians  (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”) (v) Promotes the sales ,service & ongoing schemes of leading medical suppliers and manufacturers  of Medical devices ,medical supplies and consumables (“ Third party Suppliers). the Third Party service provider, 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 (online purchase of medical devices ,its consumables ,medical supplies The services of the Third Party Services Providers,  and the Information Services are collectively referred to as the “Services”).
   5. The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). 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 MEDIKART and  relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, MEDIKART shall send to You (promotional content including but not limited to emailers, notifications and messages).
   6. You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. MEDIKART is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
   7. MEDIKART reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
   8. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to MEDIKART that You are 18 (eighteen) 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.
   9. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
      • the Indian Contract Act, 1872 (“Contract Act”);
      • 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”);
      • the Consumer Protection Act, 1986.
      • the Medical Device Rules 2017 notified as under GSR 102(E) , Registration under MDR 2020
   10. MEDIKART 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, may contain Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by MEDIKART including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“MEDIKART Content”) (collectively, “Content”). The MEDIKART Content is the property of MEDIKART and is protected under copyright, trademark and other applicable law(s). You shall not modify the MEDIKART Content or reproduce, display, publicly perform, distribute, or otherwise use the MEDIKART Content in any way for any public or commercial purpose or for personal gain.
   11. 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.
   12. 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. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by MEDIKART in this regard. As part of the registration process, MEDIKART may collect the following personal information from You:
   • Name;
   • User ID;
   • Email address;
   • Address (including country and ZIP/ postal code);
   • Gender;
   • Age;
   • Phone number;
   • Password chosen by the User;
   • Valid financial account information; and
   • Other details as You may volunteer.
2. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to MEDIKART that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
3. A registered id can only be utilized by the person whose details have been provided and MEDIKART 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.
4. Organizations, companies, and businesses may become registered members on the Website or use the Website through individual members.
5. 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 MEDIKART 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.
6. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MEDIKART 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, MEDIKART may allow authorized third parties to place or recognize a unique cookie on the Your browser. MEDIKART does not store personally identifiable information in the cookies.
7. MEDIKART, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website, at any time while MEDIKART investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason

MEDIKART in collaboration with their Suppliers strive to provide you with the best prices possible on products you buy from MEDIKART. MEDIKART does not however guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.

The modes of payment available at any given time shall be as indicated on the Website and the forgoing clauses shall be accordingly applicable.

While MEDIKART shall make every endeavour to provide accurate pricing information, please note that MEDIKART gives no guarantee on the accuracy of its pricing information as typographical or other errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MEDIKART may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. In the event that MEDIKART accepts your order the same shall be processed in accordance with the mode of payment chosen by you. Reversal/refunds of amounts paid by you in the event of cancellation shall be as described in Clause 6 below.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our payment gateway’s credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled:

1. after your credit card has been charged, the said amount will be reversed back to your credit card account;
2. after a NEFT / RTGS transfer has been made then the said amount will be reversed back to your bank account;
3. after the purchase but before delivery in the case of payment by cash on delivery, then MEDIKART will refrain from processing the concerned purchase further, and the concerned product will not be delivered to you.

In any of the above cases, after due verification from MEDIKART end if required:

1. If payment has been made by credit card / debit card through the designated payment gateway, then the refund amount will be reversed back to your credit card / bank account within 15 days of receipt of the returned goods. Sometimes financial organizations take a longer time to process the refund request.
2. If payment has been made by a NEFT / RTGS transfer has been made then the refund amount will be reversed back to your bank account within 15 days of receipt of the returned goods;
3. If payment has been made by Cash on Delivery method then the refund amount will be transferred to your bank account (as per bank account details provided by you) within 15 days of receipt of the returned goods;

We will not be able to cancel orders that have already been processed. MEDIKART has full discretion in deciding whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept MEDIKART decision regarding the cancellation.

MEDIKART has the right to constantly monitor user accounts in order to avoid fraudulent accounts and transactions. MEDIKART reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Service. In the event of detection of any fraudulent transaction, prior to initiation of legal action, MEDIKART reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, MEDIKART shall owe no liability in respect of any purported refunds due.

You agree, understand and confirm that the credit card details provided by you to the payment gateway for availing of services on MEDIKART will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. That is, in a credit card transaction, you shall use your own credit card. You further agree and undertake to provide the correct and valid credit card details to the payment gateway. Further the said information will not be utilized and shared by MEDIKART with any of the third parties unless required for fraud verifications or if required by law, regulation or court order. MEDIKART will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

MEDIKART does not claim ownership of any materials Sellers make available through the Site, but reserves the right to integrate such materials or its modification in its provision of services. At MEDIKART sole discretion, such materials may be included in the Service in whole or in part or in a modified form.

All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

MEDIKART does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than MEDIKART, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable consumer protection law, under no circumstance will MEDIKART be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

MEDIKART shall not be responsible or liable in any manner if any Product is not used in the indicated manner and as such shall not be responsible for any clinical outcomes related to Products purchased from our Website. You understand that All products purchased from the website are used after consultation of authorised clinical expert or doctor .

MEDIKART will not be liable for defective Products unless a claim is notified by you on our Website within 48 hours of delivery in accordance with Clause 18 hereunder. MEDIKART will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms of Service by reason of any event or circumstance outside the reasonable control of MEDIKART, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action, or Act of God.

You expressly understand and agree that MEDIKART and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MEDIKART has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.

You agree to indemnify and hold MEDIKART (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.

When you use the Site or send emails to MEDIKART, you are communicating with MEDIKART electronically. You consent to receive communications from MEDIKART electronically. AMPL will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Site or third parties may provide links to other World Wide Web sites or resources. Because MEDIKART has no control over such sites and resources, you acknowledge and agree that MEDIKART is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MEDIKART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

MEDIKART reserves the right to make changes to the Site, related policies and agreements, this TOS( Terms of Service)  and the Privacy Policy at any time. If MEDIKART makes a material modification to this TOS, it will notify you by displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days. You agree that this shall be deemed sufficient notification, of such changes. If you choose to continue using the Site thereafter, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

The price of our merchandise is inclusive of the GST (Goods & Services Tax -refer –“ GST Law* : GST Law comprising (i) Central Goods and Services Tax Act, 2017 including Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017, (ii) State Goods and Services Tax Act, 2017 as notified by respective States, (iii) Union Territory Goods and Services Tax Act, 2017, (iv) Integrated Goods and Services Tax Act, 2017 including Integrated Goods and Services Tax (Extension to Jammu and Kashmir Act, 2017), (v) Goods and Services Tax (Compensation to States) Act, 2017 (hereinafter referred as CGST, SGST, UTGST, IGST and CESS respectively at the GST portal) and (vi) Rules, Notifications, Amendments and Circulars issued under the respective Acts.. The GST charged shall depend upon location of the respective Seller from which a product is purchased and product category. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. MEDIKART reserves the right to collect taxes for shipping charges wherever applicable.

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of MEDIKART and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of MEDIKART or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Products once sold can be returned for a refund if they meet our terms and conditions. To return an item, the customer must notify us through our Website and a prompt response is assured to such notifications. Once the Product return / complaint request has been raised by you, MEDIKART shall initiate a process to vet the request and then have the items picked up from you by MEDIKART logistics partners.

The option to return will be allowed to you at the sole discretion of MEDIKART, and such requests may only be considered in the following cases:

1. Products were received in a damaged condition;
2. The Products were received in packaging that had already been opened;

3.Due to a Product complaint after verification by MEDIKART;

4. When Product is received with remaining expiry period of less than 6 months from date of dispatch or in the event that only 50% or less of shelf life is remaining from date of receipt whichever is lesser;
5. Incorrect order processing, where you have placed an order for one item code but a different item code was dispatched by MEDIKART;
6. Shipment of short quantity;
7. When the time period since order confirmation exceeds 30 days – the order is automatically cancelled and a refund is initiated;
8. The customer is required to initiate a return request with 7 days of receipt of the product;

Refunds are applicable for products received in un-opened and un-used condition.

If opened but returned in the original packing and working condition, customer will be eligible for credit note/ replacement of same or greater value.

9. For orders > Rs. 10,000, products can only be fully exchanged, not refunded in case of any manufacturing defect or damage during transit.

In any of the above cases, after due verification from MEDIKART end if required:

1. If payment has been made by credit card / debit card through the designated payment gateway, then the refund amount will be reversed back to your credit card / bank account within 15 days of receipt of the returned goods. Sometimes financial organizations take a longer time to process the refund request.
2. If payment has been made by a NEFT / RTGS transfer has been made then the refund amount will be reversed back to your bank account within 15 days of receipt of the returned goods;
3. If payment has been made by Cash on Delivery method then the refund amount will be transferred to your bank account (as per bank account details provided by you) within 15 days of receipt of the returned goods;

No exchanges of Products shall be allowed. In case of a return under the terms set out above or a Product complaint, MEDIKART shall be initiating a refund and if the customer needs a replacement then a fresh order shall have to be placed on the Website.

MEDIKART offers Free Delivery on all orders (Including COD) above the value of Rs.2,000/-. A flat delivery fee of Rs.100/- will be applicable for all orders below the total value of Rs.2,000/-**.

*Some select products below the value of Rs. 2,000 may include free delivery as stated on the product page.

MEDIKART endeavours but does not guarantee to deliver the products to customers within 10 business days from the date of placing your order depending upon the shipping location. Factors such as delay in delivery through the courier partner, transporters’ strike etc. may also affect delivery timelines. MEDIKART will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Products howsoever caused.

MEDIKART reserves the right to make delivery of the Products by instalments. If the Products are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if MEDIKART fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.

If you fail to take delivery of the Products, MEDIKART may at its discretion charge you for the additional shipping cost.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. MEDIKART may, from time to time, offer special promotional offers which may or may not apply to your MEDIKART account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by MEDIKART, and which will be made available for your perusal at the relevant time.

This TOS and the relationship between you and MEDIKART will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Delhi, India. The failure of MEDIKART to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. MEDIKART does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS along with the Privacy Policy constitutes the entire agreement between you and MEDIKART and governs your use of the Site, superseding any prior agreements between you and MEDIKART with respect to the Site.

Before you may use the Site, you must read and accept all of the terms and conditions in and linked to, this Terms of Service (“Terms of Service” or “TOS”) and the linked Privacy Policy (which shall form a part of this TOS). These Terms of Service come into effect on registration with www.medikart.co.in  &  www.medikart.co which is owned by MEDIKART HEALTHCARE SYSTEMS PRIVATE LIMITED ). By placing an order for the first time you agree to be bound by these Terms of Service. If this TOS conflicts with any other document, the TOS will prevail for the purposes of usage of the Site. Certain portions of the Site may only be used by you if you are an AMPL registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way

The terms “buyer”, “you”, “user” and “customer” have been used interchangeably in the foregoing paragraphs to refer to a user of www.medikart.co.in & www.medikart.co. Similarly, the terms “Website”, “MEDIKART” and www.medikart.co.in & www.medikart.co are used to connote the online portal of www.medikart.co.in & www.medikart.co and the words “product”, “goods” and “merchandise” have been used to refer to merchandise/goods/products showcased on the Website.

Note: All products/services and information displayed on www.medikart.co.in & www.medikart.co constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the TOS as listed below. www.medikart.co.in & www.medikart.co reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of the Website prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.