This document ("Terms") is an electronic record under the Information Technology Act of 2000 and any related rules, as well as the revised sections pertaining to electronic records in various statutes as updated from time to time by the Information Technology Act of 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.openmedicines.com website and its mobile applications.

GENERAL

The website www.openmedicines.com and the mobile application “openmedicines” (herein after referred to collectively as “website”) are managed, operated, and maintained by Emicare pharma & healthcare Pvt Ltd, a business duly incorporated under the provisions of the Companies Act 2013, with its registered address at 2nd Floor, BMT Trade Centre, Puthiyara, Calicut – 673004 and website www.openmedicines.com

The terms and conditions set out in this document constitute an agreement between the Company and any natural or legal person who visits and/or uses the Website in any way.

The website serves as an online shopping platform for customers to purchase pharmaceutical products, including over-the-counter medications and prescription drugs that are sold by Open Medicines through its licenced locations.

By using this website or any facility or service provided by this Website in any way; or merely by browsing the website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the website’s Privacy Policy 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. In this situation, Your use of the website will be governed by the applicable terms and conditions of use and privacy policy.

The website's policies and directives, including the Privacy Policy, may be changed or amended by the Company at any time and at its sole discretion. You forfeit any right to raise objections to modifications once they are posted on the website, and such changes or revisions take immediate effect. If any changes or modifications necessitate particular notification, we shall notify you within the timeframes specified by the applicable legal regulations.

As a condition of using the Website, you must be at least 18 years of age to use or visit the Website in any way. By visiting the website or agreeing to these terms of usage, you represent to Open Medicines that you are 18 or older, that you have the right, permission, and ability to use the website, and that you agree to adhere to these Terms of usage.

SETTING UP YOUR ACCOUNT

You need to create an account to access or use the website. To create an account, simply follow the instructions on the sign-up page, which may ask for personal information such your name, gender, mobile number, and other details that are required in order for you to place orders through your account. You are the only person authorised to use the account you created. So, it is your responsibility to safeguard the privacy of your account information. All actions taken on your account by you will continue to be your sole responsibility. The website does not allow businesses, companies, or organisations to sign up as members or gain access to the website via other members.

At any point during Open Medicines' investigation of complaints, potential violations of these Terms of Use, or for any other reason, Open Medicines retains the right to suspend users either permanently or temporarily, thereby restricting their use and access to the Website and App.

UNSUBSCRIBE AND NOTIFICATION

Open Medicine may send you SMS or email notifications about your registration and transactions after successfully sharing your account information.

You consent to receive emails, alerts, and marketing materials about any transactions you do on the website, as well as about any Products and Services that may periodically be made available there. By providing your Account Information, registering on the Website, and/or verifying your phone number with us, you specifically agree to receive marketing or promotional communications (by call, SMS, email, or other digital and electronic means) from us or our authorised representatives on any new services or opportunities.

The Company makes every effort to send out notices and reminders on time, but it makes no assurances and won't be held responsible or liable if it doesn't.

You can opt out of receiving newsletters, marketing/promotional emails, and other alerts from the Company at any time by following the instructions included in such communications.

INTELLECTUAL PROPERTY RIGHTS

The Company owns and controls the Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, artwork, and computer code. The design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are protected by copyright, patent and trademark laws, as well as a number of other intellectual property rights.

The trademarks, logos and service marks displayed on the Website are the property of Company or their third party partners.

The Company makes every effort to send out notices and reminders on time, but it makes no assurances and won't be held responsible or liable if it doesn't.

You can opt out of receiving newsletters, marketing/promotional emails, and other alerts from the Company at any time by following the instructions included in such communications.

AVAILABILITY OF PRODUCTS

We provide information about the Products' availability on the relevant Website webpage. We cannot be more specific about availability than what is stated on that page or elsewhere on the website. While we process your order, we will notify you by email and/or mobile SMS if any of the Products you requested turn out to be unavailable or out of stock.

INTERNATIONAL DELIVERY

Currently, delivery to other countries is not feasible. While India must be the shipping location in order to place a purchase, the website can be accessed from anywhere in the globe.

REFUND AND RETURN POLICY

We provide return and refund options for the goods and services that You order through the website, subject to additional terms and limitations that are outlined in the Return and Refund Policy.

PROHIBITED CONTENT

You shall not upload to, distribute, or otherwise publish through the Open Medicines Platform, the following Prohibited Content, which includes any content, information, or other material that:

• Is hateful, racially or ethnically objectionable, disparaging of any person
• Deceives or misleads the recipient about the source of your communication and purposefully spreads any material that is patently incorrect or misleading but could be interpreted as fact
• Belongs to another person and which you do not own the rights to
• Violates any law in India for the time being in force
• Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force
• Relates to or seems to encourage money laundering or gambling
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order
• Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• Communicates any information which is grossly offensive or menacing in nature
• Encourages criminal activity, obstructs the investigation of criminal activity, or disparages another country
• Violates any copyright, patent, trademark, or other proprietary rights
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
• Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms etc.) to navigate or search the Website
• Make false or malicious statements against the Product, the Website or the Company

POLICY FOR MEDICINE DELIVERY

We provide return and refund options for the goods and services that You order through the website, subject to additional terms and limitations that are outlined in the Return and Refund Policy.

• Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Open Medicine Platform
• You acknowledge and agree that, in accordance with its legal duties, Open Medicine may record information regarding your prescription
• When picking up medications or accepting delivery of medications following an online order, Open Medicine may request that you show the prescription, whether it be printed out or submitted electronically, for the purpose of keeping records
• Open Medicine reserves the right to reject (either fully or partially) your order if it turns out that the prescription you shared does not meet the appropriate statutory criteria. We will notify you about this through various communication channels

AMENDMENTS

These Terms and Conditions may be updated or revised from time to time. Please review the applicable Terms and Conditions and Privacy Policy each time you want to use the Open Medicines Platform to make sure you are aware of the rules in effect at that time

TERMINATION

• We reserve the right to immediately reject your request to use the Services if we find that your behaviour violates any applicable laws, ordinances, rules, or restrictions
• We reserve the right to terminate any contract at any time and/or provide Services in accordance with new Terms and Conditions if there is a change in the law