1. Agreement to Terms & Conditions
Welcome to NearRx. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NearRx Healthtech Private Limited ("we," "us" or "our"), concerning your access to and use of the NearRx hyper-local pharmaceutical delivery, doctor appointment booking, and diagnostic laboratory service aggregator platform, including our mobile applications (User App, Pharmacy App) and website. By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these terms, you are expressly prohibited from using the platform and must discontinue use immediately.
2. Intermediate Platform Role & Scope of Services
NearRx operates strictly as an intermediary and technology aggregator under Section 79 of the Information Technology Act, 2000. NearRx does not manufacture, stock, distribute, or sell pharmaceutical drugs or medical devices, nor do we perform laboratory testing or provide medical consultations ourselves. The contract for sale of medicines or provision of clinical diagnostic services is strictly a bipartite contract between the respective consumer and the registered third-party Pharmacy Partner or Laboratory Partner. We do not inspect, control, or assume liability for the quality, efficacy, accuracy, or compliance of the medicines, laboratory reports, or clinical consultations provided by partners.
3. User Registration, Authentication & Safety
To access most of the features, you must register a User Account. You agree to provide accurate, current, and complete information during registration and keep your account details updated. You are solely responsible for maintaining the confidentiality of your account credentials, including passwords and session tokens, and you agree to accept responsibility for all activities that occur under your account. We reserve the right to suspend, terminate, or refuse service to any user account if we suspect fraudulent, illegal, or unauthorized activity.
4. On-demand Medicine Orders & Strict Prescription Policy
For prescription-only medicines (including but not limited to Schedule H, Schedule H1, and Schedule X drugs under the Drugs and Cosmetics Rules, 1945), users are strictly required to upload a clear, legible photograph or scanned copy of a valid physical prescription written by a registered medical practitioner. The registered Pharmacy Partner reserves the absolute right to verify, audit, and reject any medicine request if they deem the uploaded prescription invalid, altered, expired, or suspicious. Upon delivery, the physical copy of the prescription must be presented to the pharmacist's delivery agent for validation and stamping.
5. Pharmacy Partner Onboarding & Subscription Terms
To register as a commercial partner on the Pharmacy App, business owners must submit valid pharmacy retail drug licenses, GSTIN certificates, store location details, and owner Aadhaar verification documents. Partners must select from our subscription plans: a Quarterly Plan (Rs. 499.00 valid for 3 months) or an Annual Plan (Rs. 999.00 valid for 1 year). Subscription fees are billed in advance, are strictly non-refundable, and will not be pro-rated upon account suspension or voluntary termination. Partner accounts remain in a "pending" status subject to verification by NearRx administrators before visibility on the User App is enabled.
6. Prohibited Activities & Platform Abuse
Users and partners agree not to engage in any prohibited actions, including but not limited to: scraping data, using automated bots to place artificial orders, uploading fraudulent license credentials, utilizing the platform to order illicit substances or narcotic drugs, harassing delivery personnel, or attempting to compromise the security controls of our Firebase database. Any violation of this clause will lead to immediate permanent ban and referral to law enforcement authorities.
7. Intellectual Property Rights
Unless otherwise indicated, the platform, mobile application source code, databases, database schemas, UI designs, graphics, branding logos, and content are our proprietary intellectual property and are protected by copyright, trademark, and other intellectual property laws of India and international treaties. You are granted a limited, non-exclusive license to use the app for personal, non-commercial purposes only.
8. Limitation of Liability & Indemnification
In no event shall NearRx, its directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages resulting from (a) errors, mistakes, or inaccuracies in laboratory testing reports; (b) side effects, adverse allergic reactions, or dosage errors from medicines fulfilled by pharmacy partners; (c) clinical advice or telemedicine conclusions provided by listed doctors; or (d) platform downtime or data breaches. You agree to defend, indemnify, and hold harmless NearRx from and against any claims, losses, or liabilities arising from your breach of these terms.
9. Governing Law & Dispute Resolution
These terms and your use of the platform are governed by and construed in accordance with the laws of India. Any legal action or dispute arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the competent courts of Kolkata, West Bengal, India. Any disputes will first be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed mutually by the parties.
10. Customer Support & Legal Queries
If you have any questions, grievances, or seek clarification regarding these Terms and Conditions, please reach out to our legal compliance officer at shubhamnath143@gmail.com.