USER / MEMBERS TERMS
- in through its website allows the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that ethix.in and the Website merely provide hosting services to its members and customers. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. ethix.in 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 Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that ethix.in shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
- 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 Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
- 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 Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. ethix.in 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 Third Party Pharmacies.
- Representation as to legal title
- in does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website with ethix.in nor shall ethix.in have any obligations or liabilities with respect to the transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always is with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
- You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies 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 Third Party Pharmacies, 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.
- Manufacturing and trade details of Ethix products
- Ethix products and services Pvt Ltd are manufacturers of ayurvedic and health care products and the license details as follows
- M/S Maxwell Pharma having a valid Lic.No. S-MNB/10/97 & S-MB/10/87 valid from 16.03.2018 to 15.03.2023
- M/S Ethix Health Care Having a valid Lic.No S-MNB/08/30 & S-MB/08/31 Valid from 09.01.2019 to 08.01.2024
Ethix Products are manufactured in a WHO GMP certified factory
Exhibition of drugs and publication of Third Party Pharmacies content on the Website
- You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
- The Third Party 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 Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- You acknowledge and agree that such Third Party Pharmacies 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 Third Party Pharmacy(s) 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 1 mg 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 ethix.in 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 Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies 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 ethix.in responsible or liable for any damages arising out of such reliance on third party user generated content by You.
- Prescription Drugs
- 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 Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to ethix.in. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by ethix.in until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) 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.
- in shall maintain a record of all the prescriptions uploaded by the Users.
- 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 Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
- The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
- Sale of all adult products, Tobacco contents, illegal drugs, fake products, unauthorized pharmaceutical and nutraceuticals, products without any description or warning or directions etc…. are prohibited in ethix.in and we never sell such products to our members or users.
- Advertisements for Miscarriage drugs, sexual enhancement, cure of menstrual or any women disorders through the products, and any other misleading advertisements are prohibited iin ethix.in under the provision of Drugs and Magic Act. This also implies to the third party sellers and they will held solely responsible for any violation and legal action will taken against such non-compliant partners.
- in editorial team
As part of the Services, ethix.in provides ethix.in Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. ethix.in Content is subject to the following rules/ information:
- in Content is original and is relevant to the general public;
- topics for ethix.in Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
- topics for ethix.in Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
- editorial board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month,” and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like ayurveda, homeopathy and much more;
- in maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
- the member of ethix.in has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
- in’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
- in’s editorial board constitutes of: ________________________________________________________________________
Acts governing ethix.in website
- 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 Indian Contract Act, 1872 (“Contract Act”);
- Pharmacy Act, 1948 (“Pharmacy Act”)
- The Consumer Protection Act, 1986
- 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”);