Terms & Conditions

The terms and conditions mentioned here are related to the visitors on 1Pharmacy.io, our signed up esteemed customers. By visiting, remaining on this site, and using the tools, you are agreeing to our Terms of Use along with all applicable laws and regulations. Your use and access of this website indicates that you accept Terms and Conditions mentioned below. If you do not agree, do not use the website. You agree not to use any deep-link, crawler, page-scrape, robot, spider or other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access or copy or monitor any portion of the website.

The domain name 1pharmacy.io an internet based portal and 1Pharmacy is a mobile application, is owned and operated by SpaceMonk Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “1Pharmacy” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

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 1Pharmacy on the other Part.

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.

The Website is a platform that facilitates online purchase of pharmaceutical products sold by Pharma retailers (“Sellers”) and Customers of Pharma retailers who purchase goods from them (“Buyers”). The Sellers and Buyers are collectively called “Users” of the 1Pharmacy platform

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 1Pharmacy 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. 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 Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”); the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”); The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957; Pharmacy Act, 1948 (“Pharmacy Act”) and the Consumer Protection Act, 1986.

1Pharmacy 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 Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by 1Pharmacy including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“1Pharmacy Content”) (collectively, “Content”). The 1Pharmacy Content is the property of 1Pharmacy and is protected under copyright, trademark and other applicable law(s). You shall not modify the 1Pharmacy Content or reproduce, display, publicly perform, distribute, or otherwise use the 1Pharmacy Content in any way for any public or commercial purpose or for personal gain.

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. 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. Disclaimer: All content present on the website/app under ‘Medicine Catalogue’ section has been taken from public sources (wherever available). 1Pharmacy doesn’t hold any responsibility for the authenticity of the content and the same is not liable for any prosecution in case any content is not found correct or goes in the wrong way. Please consult the registered medical practitioner before using the advice provided on the website/app under ‘Medicine Catalogue’ section.

Use of 1Pharmacy:

Permission is granted to view and use the materials (information and software) found on 1Pharmacy’s website.

1Pharmacy has all the rights to review and 1Pharmacy can remove without prior notice if anything is found to be breaching the terms and conditions or contain any of the below content and not limited to: selling of drugs which are illegal and/or without prescription or not allowed by local government, pornographic/adult content, gambling related activities, illegal online activities (for example: illegal streaming, illegal downloading, illegal uploading and/or torrents), spamming of text on visuals (for black hat or other improper search engine optimization practices)

If any user is found indulging in above activities, the license/account would be terminated without prior notice. 1Pharmacy holds all the right in taking the decision and hold the right to reject any claim in the event of irregularity, discrepancy, or dispute, and 1Pharmacy’s decision shall be final, conclusive and binding. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format and should not distribute the content at all.

THIRD PARTY SERVICES

  1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at their own risk.
  2. The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
  3. The Company enables payments via payment service providers (“PSP”) partners and the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User. If any of such fraudulent transactions occur and where the User shares his debit/credit card or UPI information, the Company may share relevant information of such transaction if the victim approaches the Company via proper channels including customer support number and support@1Pharmacy.io

USER RESPONSIBILITIES

  1. The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
  2. The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
  3. The User shall extend all cooperation to the Company in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
  4. While the Company uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
  5. The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
    • Infringe either directly or indirectly any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party.
    • Except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services
    • Use the Services to transmit any data or send or upload any material that contains viruses, trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • Use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof.
    • Use the Services in furtherance of / to engage in any activity which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
    • engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory or violate applicable laws in any manner.
  6. Users who are expected to conduct proper research to ensure that the goods and services they send payment links for are in compliance with all applicable laws and we encourage users to cross-check before generating payment link for prohibited content may result in the suspension or removal of user’s account.
  7. The User shall not use the Services for / in furtherance of any sale or supply of prohibited products or services including but not limited to:
    • Sale of regulated goods.
    • Sale of counterfeit, replicas and pirated goods and goods infringing any intellectual property rights including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present.
    • Sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
    • Sale of liquor or any narcotic drugs and psychotropic substances.
    • Sale / supply of any good or service which may not be in public interest.
    • gambling or other prohibited activities and sale/supply of good or service which results in non-compliance of any applicable law.
  8. The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India.

Privacy policy:

Please go through 1Pharmacy privacy policy mentioning the privacy related rules and policies we adhere to.

Payment Facility for buyers:

  1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Merchant to purchase the products and /or services from the Merchant using the Pay Facility, and You shall pay the transaction price through Your issuing bank to the Merchant using Pay Facility.
  2. You, as a Buyer, shall be entitled to claim a refund of the transaction price from the Merchant (as Your sole and exclusive remedy) in case You do not receive the delivery of the goods or services being sold by the Merchant within the time period agreed in the transaction. In case You do not raise a refund claim using the Platform features within the stipulated time, then this would make You ineligible for a refund.
  3. You, as a Buyer, understand that refund may not be available in full or in part for certain category of products and/or services and/or transactions and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.
  4. Except for cash on delivery™ transactions, refund, if any, shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the third party payment gateway™s website, as chosen by You.
  5. For cash on delivery™ transactions, refunds, if any, will be made via electronic payment transfers in accordance with the policies adopted by the third party payment gateway.
  6. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
  7. For electronic payments, refunds shall be made through payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  8. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with for processing the refund.
  9. Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.
  10. We may also request You for additional documents for verification. The Company reserves the right to impose limits on the number of transactions or transaction price from an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
  11. The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of the User Agreement by Buyer with the Company or breach/violation of any law or any charges imposed by the issuing bank.
  12. The Buyer and Merchant acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.