TERMS AND USE

These terms and conditions (Terms) govern your use of our application for mobile and handheld devices (App).

The App is owned and operated by Metarain Distributors Private Limited (Myra), a company incorporated under the Companies Act 1956, having its registered office at Level 4, Hubtown Prime, No 3/2 AM Road, Ulsoor, Bangalore - 42, Karnataka.

The terms "user", "you", "your" hereunder refer to the person downloading, installing and using the App. The terms "we", "us", "our" refer to Myra.

Before proceeding to use the App, please read these Terms carefully and select the "Accept" option provided below. If you do not agree to these Terms, you will not be able to access or use the App. By selecting the "Accept" option, you signify your acceptance of the Terms (as amended from time to time), and agree to be bound by them for as long as you are using or accessing the App. IF YOU DO NOT SELECT THE "ACCEPT" OPTION YOU WILL NOT BE PERMITTED TO ACCESS OR DOWNLOAD THE APP. These Terms may be amended by Myra from time to time. You will receive a notification each that the Terms are revised. In order to continue using the App you will be required to accept the revised Terms.

1. SERVICES OVERVIEW

Myra has developed a platform which facilitates the purchase and swift delivery of medicines between local pharmacists and their customers, at a discount. Myra operates and manages a network of pharmacists who have registered with Myra who can use the platform to deliver medicines to customers within 60 (sixty) minutes of the order being placed by the customer using the App or the Call Centre (defined below). Myra does not directly engage in the sale of medicines and only facilitates the sale of medicines between the pharmacist and the customer by providing the technological infrastructure to the retailer to most efficiently receive orders and dispatch deliveries to customers.

You can place orders using our App or by calling the call centres (Call Centres), which are operated by the pharmacists. Orders placed by you on the App or through the Call Centre will be delivered to you within 60 (sixty) minutes of the order being placed, on a best efforts basis.

Please be informed that the App is a technology platform that will allow you to access pharmacists who will be able to fulfil your order. No sale of medicines is conducted on or by using the App. Instead, the sale is concluded between you and the pharmacist, upon the pharmacist completing delivery the medicines to you in exchange for payment.

2. REGISTRATION & ELIGIBILITY

In order to avail our services, you must register with us using your create an account with us (Myra Account). You will be responsible for providing accurate and valid information about yourself, including your full name and address and contact information. Information collected about you, including 'sensitive personal data or information' as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, is subject to our privacy policy which is available here https://myramed.in/legal.html. You have the option not to provide this information, however, should you do so, you may not be able to access the App and/or avail the full range of services we offer.

The use of our App is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you cannot register with us and cannot transact on or use the App. However, you may use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We reserve the right to cancel or refuse your registration and / or refuse to provide you with access to the App if it is brought to our notice or if it is discovered that you cannot form legally binding contracts.

3. ORDERS & PAYMENTS

You can place an order for medicines either through the App or a Call Centre. An order placed by you will be routed to a pharmacist who is located closest to you. If your order is for a prescription drug, you will need to submit the prescription to us by sending us a photo or in the manner in which the Call Centre operator instructs you to. The pharmacist will verify your prescription and dispatch the medicines to you.

You can edit or cancel an order on the App or by calling the Call Centre.

If you wish to return any medicines purchased from us, you can place a request for return on the App. Any return of medicines will be subject to such medicines being unused and continuing to remain in the original packaging in which they were supplied, and in the same condition as they were delivered. Upon receiving your request, the pharmacist will, at his and / or Myra's satisfaction that the medicines are in a reasonably acceptable condition, arrange collection of the medicines that you wish to return. The amount paid by you for the medicines that are returned will be adjusted against your next purchase using the App.

You can pay the pharmacist for your order in any of the following ways:

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

In case of redemption of credits offered by Myra on the App, the scope, variety and type of services and products that may be purchased / procured by redeeming credits may be modified at any time, and shall be modifiable at Myra's sole discretion.

The prices displayed in the App may vary from the actual price placed in the bill.

4. LIMITATION OF LIABILITY

You agree and acknowledge that Myra will not be liable for any claims in relation to the sale of medicines by the pharmacist to you, including but not limited to (a) any delay in the delivery of medicines; (b) delivery of the wrong medicine or incorrect quantities of the medicines; (c) any actions of the pharmacist (including, without exception all its personnel); (d) any failure of the MSwipe devices or any other similar device to accept and process payments; and (e) fitness or viability of the medicines.

5. USE OF THE APP

By using the App, you agree that you will not scrape or attempt to scrape or extract any data available on the App. You also agree that you shall not use the App for any throttling or any other purposes that may impair the performance or functionality of the App.

The App contains copyrighted material, trademarks, proprietary information and other intellectual property owned by Myra or its licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to or use of the App does not confer and should not be considered as conferring upon anyone any license to Myra or any third party's intellectual property rights. Any use of the App or its contents without the permission of Myra is prohibited.

Any goods or products (including any medicines) ordered from Myra shall only be utilised for personal use and shall not be utilised for any commercial purposes including resale or redistribution of any type.

6. ACCOUNT SECURITY

You are responsible for all activities and transmissions through your Myra Account. You are solely responsible for maintaining the security and confidentiality of the username and password required to access the App. You must immediately notify Myra of any unauthorised use of your username or password or any other breach of security. Myra will not be liable for any loss or damage arising from your failure to comply with this provision.

7. DISRUPTION OF SERVICES

Myra makes no guarantee as to availability, quality or service levels of the services available on the App or with the Cell Center on a 24x7 basis, or promise uninterrupted access to the App. However, disruption of services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance.

8. MYRA'S RELATIONSHIP WITH PHARMACISTS

Myra's relationship with the pharmacists does not create an agency, partnership, joint venture, or any other type of relationship. Any transaction or agreement entered between you and the pharmacist/s shall not bind Myra in any manner, and Myra shall not be required to perform any of the obligations or be bound by the responsibilities provided under such an agreement.

9. INDEMNITY

You hereby agree to keep and hold Myra, its parents, subsidiaries directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to the use of the App by you or the your breach of these Terms or violation of any law, rules or regulations.

10. DISCLAIMER

MYRA PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP OR SERVICES. MYRA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE APP AND REQUEST FOR ANY SERVICES IS AT YOUR OWN RISK.

11. NOTICE

By accepting the Terms, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, the "Notices") that we provide in connection with your Myra Account and your use of our services. Notices shall include, without limitation, e-mail, in-app messages, text messages and in-website chat communications. In addition, Notices may include promotional, marketing, advertising information and recommendations that we believe may be of interest to you ("Promotional Offer(s)"). The terms of these Promotional Offer(s) (the "Promotional Terms") may be clearly stated for each individual Promotional Offers. It is your responsibility to ensure that the Promotional Terms are strictly complied in order for you to avail the Promotional Offer. These Promotional Terms are to be read in conjunction with the Terms. If there is any ambiguity between the Terms and the Promotional Terms, then Terms will prevail. Additionally, you consent to receive autodialed or prerecorded calls and text messages from us at any telephone number that you have provided us. We may place such calls or texts to (i) provide you with services associated with our App; (ii) troubleshoot problems with your Myra Account (iii) resolve disputes; (iv) contact you with offers and promotions; (v) make you aware of any Promotional Offer(s) or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

12. ACCOUNT TERMINATION AND CHANGES

  1. Myra retains, at its sole discretion, the right to terminate or suspend your account including your ability to access the App and all services rendered by Myra generally. Myra shall also have the right to terminate or suspend any promotion program or generally restrict your / User's ability to order on the App at any time.
  2. Myra also reserves the right to suspend accounts or remove credits if we notice any activity that we believe is abusive, fraudulent, in violation of the Myra Terms of Service, Payments Terms of Service or generally in violation of any applicable law. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. Account of retailers or commercial users for the purpose of resale will be suspended and, at Myra's discretion, terminated.
  3. Myra also reserves the right to suspend access to the App for specific users, either permanently or temporarily, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use the App for services other than those Myra offers in these Terms.

13. TERMINATION

Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the App by Myra, and we shall not be responsible or liable for any refunds or damages in this regard. The termination of these Terms will not affect any liability that may have arisen under the Terms prior to the date of termination, including making any outstanding payments to the pharmacists.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the exclusive jurisdiction of the courts in Bangalore.