HandiPharma - Pharmacy Usage Terms and Conditions

Pharmacy/Medical Supplies Services Usage Terms & Conditions

Geared Apps Private Limited is the service provider of HandiPharma/HandiMed App.

1.     NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) before you decide to access the HandiPharma/HandiMed app/website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between Pharmacy/Medical supplies and Geared Apps Private Limited (on its and its affiliates behalf) in relation to the Services (as defined below). The Agreement applies to:

1. A Pharmacy/Medical Supplies services (whether an individual or an organization) or similar institution or hospitals providing the services on the HandiPharma/HandiMed app, as the case may be (“Pharmacy/Medical Supplies services”); or
2. A patient, his/her representatives or affiliates, searching for Pharmacy/Medical Supplies services through the HandiPharma/HandiMed app/website (“Patient”); or

• Otherwise a Patient of the HandiPharma/HandiMed App/website (“Patient”).

This Agreement applies to those services provided by GearedApps Private Limited on the HandiPharma/HandiMed App/website, (“Services”), The Services may change from time to time, at the sole discretion of GearedApps Private Limited, and the Agreement will apply to you providing the Service. GearedApps Private Limited reserves the sole right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, you shall not use the HandiPharma/HandiMed App/website or avail any Services. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

1. the Indian Contract Act, 1872
2. the (Indian) Information Technology Act, 2000

Express Disclaimers:

1. HandiPharma/HandiMed is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical testing/scanning services. Further, if the Pharmacy/Medical Supplies services adjudges that a physical examination would be required and advises ‘in-person testing/scanning services’, it is the sole responsibility of the Patient or bystander, to book an appointment for physical examination and in-person testing/scanning services with the Laboratory/Scanning services listed on the HandiPharma/HandiMed App/website or otherwise. In case of any negligence on the part of the Patient or bystander in acting on the same and the condition of the Patient deteriorates, GEAREDAPPS PRIVATE LIMITED and its affiliates( Pharmacy/Medical Supplies services/Doctors/Hospitals, Laboratories/Scanning services, Pharmacy Services) shall not be held liable.
2. HandiPharma/HandiMed is a platform being made available to Patient to assist them to obtain testing/scanning services from Pharmacy/Medical Supplies services/ Pharmacy/Medical Supplies services or Pharmacies and does not intend to replace the physical testing/scanning services with the Pharmacy/Medical Supplies services/Hospitals, Pharmacy/Medical Supplies services.

HANDIPHARMA/HANDIMED APP 

Definition: HandiPharma/HandiMed is an app Service provided by GearedApps Private Limited that allows Patient & Pharmacy/Medical Supplies services to communicate, on paid mode. Further, Patient/ Pharmacy/Medical Supplies services may access this feature on HandiPharma/HandiMed App/website platform to get assigned, for the purposes of Pharmacy/Medical Supplies services.  The scope of this feature as detailed herein is collectively referred to as "HandiPharma/HandiMed".

1.     Terms for Pharmacy/Medical Supplies services:

1. The Pharmacy/Medical Supplies services understands that, there shall be responsibility on the Pharmacy/Medical Supplies services to provide medical supplies to the patient/care taker.
2. The Pharmacy/Medical Supplies services has the discretion to cancel any medical supplies at any point in time in cases where the Pharmacy/Medical Supplies services feels, if they are not having enough stock of the requested medicines is beyond their capacity to serve the Patient.

• The Pharmacy/Medical Supplies services shall be duly registered, licensed and qualified to medical supplies services, as per applicable laws/regulations/guidelines set out by competent authorities and the Pharmacy/Medical Supplies services shall not be part of any arrangement which will prohibit them from medical supplies within the territory of India. The Pharmacy/Medical Supplies services shall at all times ensure that all the applicable laws that govern the Pharmacy/Medical Supplies services shall be followed and utmost care shall be taken in terms of the services being rendered.

1. For medical supplies on the HandiPharma/HandiMed platform, the Pharmacy/Medical Supplies services shall ensure that they respond to Patient's medical supplies related enquiries within a maximum time of 15 minutes of the Pharmacy/Medical Supplies services receiving the message (in exceptional circumstances, where the medical supplies was allocated to a Pharmacy/Medical Supplies services without their acceptance). This timeframe excludes those Pharmacy/Medical Supplies services who are available for medical supplies in the night hours.
2. In case, the Pharmacy/Medical Supplies services accepts a Patient’s e-prescription by their own choice, then such Pharmacy/Medical Supplies services shall ensure to provide a response within ten (10) minutes of accepting the said medical supplies.
3. Pharmacy/Medical Supplies services should provide medical supplies to the Patients only via the HandiPharma/HandiMed app. However, when the Pharmacy/Medical Supplies services accepts an e-prescription, the Pharmacy/Medical Supplies services will be required to confirm the medical supplies  with their electronic bill explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Pharmacy/Medical Supplies services hereby agrees and covenants to be responsible and solely liable for the content of medical supplies  and the authenticity of their signature signed electronically or manually in the bill. In addition to any indemnity warranties provided else-where in the Agreement, the Pharmacy/Medical Supplies services hereby agrees to hold GEAREDAPPS PRIVATE LIMITED, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the medical supplies , its content and/or electronic signature.

• For a Pharmacy/Medical Supplies services to complete medical supplies, it is mandatory to provide a bill with the summary for the medical items to all Patients. The recommended contents (at least one) of the said medical supplies summary as per the Pharmacy/Medical Supplies services rules.
• Pharmacy/Medical Supplies services shall not give any medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the to the patient without a valid e-prescription issued by a medical physician.

1. In the event of home delivery of the medical supplies, the Pharmacy/Medical Supplies services learns about physical abuse, sexual misconduct (especially in minors), or Patient self-harm (suicide: planned, attempted or completed), the Pharmacy/Medical Supplies services agrees to report such events to GEAREDAPPS PRIVATE LIMITED via the email: support@gearedapps.com. Geared Apps Private Limited immediately or to the nearest police station.
2. The Pharmacy/Medical Supplies services agrees not to request see for images or video of the Patient's or care taker in any manner.
3. If Pharmacy/Medical Supplies services needs to change the status to 'unavailable', the same could be changed after having completed all the open medical supplies booked by the patient/care taker. In case the Pharmacy/Medical Supplies services leaves a medical supplies booked open and changes the status to 'unavailable', the Pharmacy/Medical Supplies services understands that they shall be liable to pay such penalty as may be imposed by GEAREDAPPS PRIVATE LIMITED, in these cases as mentioned in the cancellation policy mentioned below.

• The Pharmacy/Medical Supplies services is not allowed to use any other platform other than the HandiPharma/HandiMed platform for the purpose of interacting/communicating with the Patient and any attempt by the Pharmacy/Medical Supplies services to interact with the Patients through any other external means of communication will amount to violation of this Agreement by the Pharmacy/Medical Supplies services.
• If the Pharmacy/Medical Supplies services performance on the HandiPharma/HandiMed platform is not compliant with the expected guidelines of GEAREDAPPS PRIVATE LIMITED or the Pharmacy/Medical Supplies services is found to be misusing the HandiPharma/HandiMed platform, the Pharmacy/Medical Supplies services may result in losing the privilege of using the HandiPharma/HandiMed feature & platform. Pharmacy/Medical Supplies services shall not claim any refund of the subscription charges already paid in this event.
• The Pharmacy/Medical Supplies services acknowledges that there should be GEAREDAPPS PRIVATE LIMITED find the Pharmacy/Medical Supplies services to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then GEAREDAPPS PRIVATE LIMITED shall be entitled to cancel the medical supply with such Pharmacy/Medical Supplies services or take such other legal action as may be required.

1. It is further understood by the Pharmacy/Medical Supplies services that the information that is disclosed by the Patient at the time of buying medical supplies is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to Patient and Pharmacy/Medical Supplies services privilege.

• The Pharmacy/Medical Supplies services understands that GEAREDAPPS PRIVATE LIMITED makes no promise or guarantee for any uninterrupted communication and the Pharmacy/Medical Supplies services shall not hold GEAREDAPPS PRIVATE LIMITED liable, if for any reason the communication is not delivered to the Patient(s), or are delivered late or not accessed, despite the efforts undertaken by GEAREDAPPS PRIVATE LIMITED
• It shall be the responsibility of the Pharmacy/Medical Supplies services to ensure that the information provided by Patient is accurate and not incomplete and understand that GEAREDAPPS PRIVATE LIMITED shall not be liable for any errors in the information included in any communication between the Pharmacy/Medical Supplies services and Patient.
• The Pharmacy/Medical Supplies services shall indemnify and hold harmless GEAREDAPPS PRIVATE LIMITED and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Pharmacy/Medical Supplies services, violation of any law, rules or regulations by the Pharmacy/Medical Supplies services or due to such other actions, omissions or commissions of the Pharmacy/Medical Supplies services that gave rise to the claim.

2.     Subscriber Terms of Use for Pharmacy/Medical Supplies Services

YOUR AGREEMENT WITH GEAREDAPPS PRIVATE LIMITED for subscription

1. We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Pharmacy/Medical Supplies services Subscription Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Subscription Services or to particular Subscription Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at www.GearedApps Private Limited.com/company/terms.
2. You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
3. Your access to use the Subscription Services will be solely at the discretion of GearedApps Private Limited.

TERMS with regards to subscription.

1. The Pharmacy/Medical Supplies services can subscribe half yearly/annually with a subscription charges specified by GearedApps Private Ltd from time to time.
2. GearedApps private ltd has the sole discretion for fixing the subscription charges or renewal charges or any offers or discounts for the Pharmacy/Medical Supplies services.
3. For becoming a subscriber with HandiPharma/HandiMed app, Pharmacy/Medical Supplies services shall have a valid registration with the concerned authorities.
4. Subscription charges once paid are non-refundable.
5. The Pharmacy/Medical Supplies services violates any of the conditions in this agreement with the GearedApps private limited leading to termination/cancellation of  the usage of HandiPharma/HandiMed app for the said Pharmacy/Medical Supplies services, there shall be no refund of the subscription charges.

3.     Payment Terms to the Pharmacy/Medical Supplies services

1. The Pharmacy/Medical Supplies services subscribed the HandiPharma/HandiMed app, has to determine the cost of each medical supplied items and its related charges to the patient.
2. Geared Apps Private Limited will deduct 5% of the total medical supply services charges against the payment made by the patient at the time of booking the order and will be paid to the Pharmacy/Medical Supplies services bank account provided at the time of registration by the Pharmacy/Medical Supplies services with the HandiPharma/HandiMed app.
3. If the Pharmacy/Medical Supplies services cancels the order which is already confirmed by the Pharmacy/Medical Supplies services via HandiPharma/HandiMed App/website and falls within the 24hours window, Geared Apps private limited has the right to deduct the 5% of the medical items booked order on top of the normal deductions from the subsequent non-cancelled appointments when due for payment.
4. Settlement of the medical supplies charges collected by the GearedApps Private Limited to the Pharmacy/Medical Supplies services will be paid for the payments due after 7 days of its occurrence and will be paid in the following Monday’s payment run. If the Monday is a bank holiday, payment run will occur on the next bank working day.

4.     Cancellation by Pharmacy/Medical Supplies services

1. No cancellation for a confirmed order to a patient can be done within a 24hours window.
2. If a cancellation is within 24 hours window, terms of payment is subject to the payment terms mentioned in Section 2.(c) (Payment Terms to the Pharmacy/Medical Supplies services).

5.     CONFIDENTIALITY

The Pharmacy/Medical Supplies services using the HandiPharma/HandiMed platform, as the case may be, shall have the following confidentiality obligations: 

• Pharmacy/Medical Supplies services agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of GEAREDAPPS PRIVATE LIMITED, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, patient’s testing details, Patient engagement models and business methods.
• Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or written or in any other form, regarding GEAREDAPPS PRIVATE LIMITED’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, Patient interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to GEAREDAPPS PRIVATE LIMITED’s and/or its affiliates’ software products or derived from testing or other use thereof.
• Pharmacy/Medical Supplies services shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
• Pharmacy/Medical Supplies services agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of GEAREDAPPS PRIVATE LIMITED and will not copy, duplicate, or in any manner reproduce any such copyright protected materials.
• Upon request of GEAREDAPPS PRIVATE LIMITED or upon termination of the Agreement, Pharmacy/Medical Supplies services shall promptly deliver to GEAREDAPPS PRIVATE LIMITED any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Pharmacy/Medical Supplies services.
• Nothing in the Agreement will be construed as conveying to the Pharmacy/Medical Supplies services any right, title or interests or copyright in or to any Confidential Information of GEAREDAPPS PRIVATE LIMITED; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
• The confidentiality obligations of the Pharmacy/Medical Supplies services as mentioned herein will survive termination or expiration of the Agreement. GEAREDAPPS PRIVATE LIMITED has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
• Any non-disclosure agreement signed between GEAREDAPPS PRIVATE LIMITED and the Pharmacy/Medical Supplies services will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

6.     RIGHT TO USE LOGOS AND TRADEMARKS

GEAREDAPPS PRIVATE LIMITED is entitled to use the Pharmacy/Medical Supplies services name and logo, including trademarks (collectively, “Marks”) on the HandiPharma/HandiMed App/website and GEAREDAPPS PRIVATE LIMITED’s marketing materials. GEAREDAPPS PRIVATE LIMITED will be permitted to issue press releases of any kind referencing the Pharmacy/Medical Supplies services and the Marks. However, the Pharmacy/Medical Supplies services shall seek a written permission from GEAREDAPPS PRIVATE LIMITED to participate in any press releases or for using trade names, trademarks, or service marks of GEAREDAPPS PRIVATE LIMITED in any of its advertisement, publicity, or promotion.

7.     TERMINATION

Geared Apps Private Limited (as the context warrants) reserves the right to suspend or terminate services provided through the HandiPharma/HandiMed App/website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

• Pharmacy/Medical Supplies services breaches any terms and conditions of the Agreement or contravenes applicable laws; and
• A third-party reports violation of any of its right as a result of Pharmacy/Medical Supplies services use of the Services.

8.     LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall GEAREDAPPS PRIVATE LIMITED, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the HandiPharma/HandiMed App/website or the content, materials and functions related thereto, the Services, Patient’s provision of information via the HandiPharma/HandiMed App/website, lost business or lost End-Patients, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any Service by Pharmacy/Medical Supplies services to End- Patients contacted or managed through the HandiPharma/HandiMed App/website;
• any content posted, transmitted, exchanged or received by or on behalf of any Patient or other person on or through the HandiPharma/HandiMed App/website;
• any unauthorized access to or alteration of Pharmacy/Medical Supplies services transmissions or data; or
• any other matter relating to the HandiPharma/HandiMed App/website or the Service. In no event shall the total aggregate liability of the Protected Entities to a Patients/bystanders/Doctors/Hospitals for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement with respect to the use of the HandiPharma/HandiMed App/website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
• If any pharmacies using the HandiPharma app shall alone be held liable if any of the mandatory information to complete registration for their pharmacist for eg: Name, Health Department Registration Number, pharmacists certificate, verification documents, email id and mobile number submitted are found to be fake. In this case they will be held liable under the Indian Penal Code and various other provisions of the law existing in India. GearedApps Private Limited or HandiDoc app shall not be held liable for any such fraudulent activity by any user.

9.     SEVERABILITY

If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable laws, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

10. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GEAREDAPPS PRIVATE LIMITED. Any consent by GEAREDAPPS PRIVATE LIMITED to, or a waiver by GEAREDAPPS PRIVATE LIMITED of any breach by the Pharmacy/Medical Supplies services, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11. NO DISPARAGEMENT

Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other parties, nor neither parties are authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Pharmacy/Medical Supplies services shall not make any public statement disparaging GearedApps Private Limited’s/HandiPharma/HandiMed brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between Geared Apps Private Limited and Patient will be governed by the Arbitration and Conciliation Act,1996 any amendment to this Act will also apply. Pharmacy/Medical Supplies services agrees that the sole arbitrator shall be appointed by GearedApps Private Limited. The place of arbitration shall be at Thiruvananthapuram, Kerala shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Pharmacy/Medical Supplies services use of the HandiPharma/HandiMed App/website or the Services or the information to which it gives access.