Terms Of Use on BrownPacket

Association Standards : The Brownpacket facilitates medicine purchase from the licensed associates of its networked medicine stores which are under strict supervision of the qualified and registered pharmacists bonded by a code of professional ethics and conducts.

Registration : As part of the registration process, the company may collect the following information, including your name, email address, contact information, address and other information which the user may volunteer including. Your information is important to us and we insure the secured platform for the collection and use of the information shared. Please see our privacy policy for further details.

You agree and acknowledge that You would:

By registering to our app/access of the site 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 and avail our services. Also, we presume our registrants have read and accepted our terms of use as follows:

You agree and acknowledge that You would:

  • Create only one account
  • Provide accurate, true, current and complete information when creating Your account and in all their dealings through the Site
  • Maintain and promptly update Your account information
  • Maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer
  • Promptly notify the Company if You discover or otherwise suspect any security breaches relating to the Site
  • Take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

User category : User may fall under any of the following categories

Category I : Users placing order for Prescription Drugs
(Prescription Drugs mean a pharmaceutical drug that requires a prior medical prescription issued by a registered medical practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine). You should be abide by the terms specified below :

  • While placing the order for a Prescription Drug, You shall be required to mandatorily upload the prescription issued by a registered medical practitioner, along with Your personal information on the App.
  • You hereby understand and acknowledge that the Company shall reserve the right to cancel the order, if the copy of the Prescription uploaded by You is not legible or the order placed by You is not in accordance with the Prescription.
  • You hereby understand and acknowledge that uploading any dirty/indecent/obscene images in the app is an offense and you may be charged against this under the law.
  • You further confirm that the delivery of such Prescription Drug shall be deemed to have been completed only upon production of the original copy of the Prescription from a registered medical practitioner (A written document issued on the letterhead of a registered medical practitioner along with the date of issue of such prescription, name and address of the person for whose treatment the said prescription is being issued along with the total quantity of the medicine to be supplied and the prescribed dosage) to the Chemist Representative (Person appointed by the Seller who shall be responsible for delivering the order to the Buyer and shall deliver any order for prescribed drugs after authenticating the originality of the prescription uploaded upon the App) of the Seller(Sellers includes all the retailers who register themselves on the App after understanding the terms and conditions under which they shall operate upon any order placed by the Buyer on the App). The Company shall not be liable to complete the delivery if the Chemist Representative is not provided with the original copy of the Prescription. You hereby affirm and warrant that the Prescription uploaded by You is genuine and has not been tampered with in any manner. Further, the original copy of the Prescription needs to match with the copy that was uploaded at the time of order submission.
  • User shall allow the Chemist Representative to stamp or sticker the original prescription at the time of medicine delivery failing which medicines will not be delivered.
  • You hereby understand and acknowledge that the Company reserves the right to verify the Prescription uploaded by You. The Company reserves the right to cancel your order immediately, in the event the Company discovers any discrepancy in the Prescription uploaded by You. Further, upon delivery, if the Chemist Representative discovers any discrepancy between the prescription uploaded and the physical copy produced at the time of delivery, the delivery may be withheld and the order shall stand cancelled.
  • You further understand and acknowledge that only such quantity of drugs shall be dispensed in accordance with the uploaded Prescription. The quantity of Prescription Drugs dispensed shall be the lesser of: a. the quantity requested by the Customer or b. the quantity allowed by the Prescription (subject to Prescription Drugs served as strips not being cut / reduced in any manner). ;

Category II : Retailers registered with the App

  • The Retailers are verified retailers who hold valid license numbers, employ registered pharmacists and acting accordance with the applicable laws.
  • The Retailers shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
  • The Retailer shall ensure that all applicable laws, rules and regulations and taxes in respect of the medicines, including, but not limited to, sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies, etc. have been duly paid by the users prior to dispensing any medicines or products on the App. The Retailer shall not solicit offers to purchase and sale of discounted items or additional services on the App shall be displayed only after the prior written approval of the Company.

Online transaction platform : You are expected to agree, understand and acknowledge that the App is an online platform that enables you to purchase products required by You on the App at the price indicated therein at any time from any location. You further agree and acknowledge that Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the App.

Also,

  • Company does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the App.
  • Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the App.
  • Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

Usage App Charges : The membership of the app is free for the users, Company does not charge any fee for browsing and buying of medicine from the app. Furthermore Company reserves the right to change its fee policy from time to time. In particular, company may at its sole discretion introduce new services and modify some or the other of the existing services offered on the App. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case maybe. Change in the fee policy shall be posted on the App and such changes shall automatically become effective immediately after being posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees

License for App Accessibility : The mobile App and the services provided to you through it are protected by copyright, trade mark and other intellectual property rights and are owned by, or are licensed to MedBrown Technologies and hence implied with following policies:

  • Company grants you a limited license to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it.
  • This license does not include any resale or commercial use of this App or its contents any collection and use of any product listings, descriptions, or prices any derivative use of this App or its contents any downloading or copying of account information for the benefit of another seller or any use of data mining, robots, or similar data gathering and extraction tools.
  • This App or any portion of this App (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.

User Conduct :

You must not use the App in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired. You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the App for lawful purposes only.

You must not use the App for any of the following :

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that does not belong to you or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way or impersonates another person or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States or objectionable or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
  • to cause annoyance, inconvenience or needless anxiety.

Selling Policy : Our company is abided to follow the seller policies as below:

  • The Retailer is legally able to sell the item(s) listed by such Retailer on the App and such listings shall only include text descriptions, graphics and pictures that describe the item(s) for sale. All listed item(s) will be listed in an appropriate category on the App and shall be kept in stock for successful fulfilment of sales.
  • The Retailer shall not sell any Schedule 'X' drugs in contravention of the provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945 or under any orders/ directions of the Drug Controlling Authority of India. The Retailer shall not sell any prescription drug without a prescription and in case a prescription is uploaded, without due authentication of the prescription.
  • The Retailer shall ensure that the listing description of the item is not misleading and describes actual condition of the product.

Condition to deliver medicines with in 2 hours: BrownPacket guarantees to deliver medicines with in 60 Minutes but limited to following terms and condition- 1. If customer changes the order then it is not applicable. 2. If customer requests to deliver the Order to different address than the original address. 3. Customers doesn't verify the prescription properly. 4. Prescription sent by customer is not readable and customer support person calls to confirm the medicines. 5. Prescription sent by customer is not following our guidelines.

Order Policy

Change request policy : Once the order is placed, the change in request is guided under the points listed below:

  • Any Order can be changed or Cancelled until customer doesn't receives any notification with driver details and order amount.
  • Order can't be cancelled if delivery person has been assigned to deliver your order.
  • For any disputes on order amount please call or email to our customer support.

Re-Order Policy : BrownPacket gives you flexibility to re-order your medicines but it has following terms and conditions-

  • Your previous order must have been placed not more than 15 days from the date you are going to place a new order.
  • The total amount of order may change in the new order and will be confirmed by notification.
  • In case, for new delivery address then this order won't be treated as a standard order and may not be delivered within 45 minutes.

Order Payment Policy : After customer verifies the mobile and order gets delivered then it is important for customer to pay the order amount in cash to the delivery person. For future course while availing any of the payment method/s available on the App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You.

Profanity Policy : Our App prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the App that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks

Please report any violations of this policy to the correct area for review: if you encounter offensive and or inappropriate User Profiles or language in a listing or otherwise

If a feedback comment or any communication made between Users on the App or email communication between Users in relation to transactions conducted on App contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Violations of this policy may result in a range of actions, including :

  • Limits placed on account privileges
  • Loss of special status
  • Account suspension

Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Disclaimer of Warranties and Liabilities : You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App. We shall neither be liable nor responsible for any actions or inactions of sellers, nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the App. While we have taken precautions to avoid inaccuracies in content, this App, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the App. At no time shall any right, title or interest in the products sold through or displayed on the App vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the App. It is expressly declared that the App is only a marketplace for the Buyers to purchase from the registered Sellers and neither the App nor the Company is responsible for any sale or purchase made at the marketplace platform.

IN NO EVENT SHALL MEDBROWN TECHNOLOGIES PRIVATE LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity and Release : You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. In no event shall the Company and/or its affiliates and/or any of its officers and representative and/or the Retailers be held liable for any non-delivery or late delivery due to any force major event or if the customer fails to provide a valid prescription.

Communications : When you visit the App or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.

Losses : We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the App.

Alteration of Service or Amendments to the Conditions : We reserve the right to make changes to our App, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the App or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control : We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver : If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and Jurisdiction : These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.

Severability & Waiver Contact Information : If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.