TERMS OF USE


MEDICINES

For the purposes of the following terms and conditions (“Specific Terms”), the service provided to You the facilitation of purchase of drugs and other pharmaceutical products, and services offered for sale by third-party pharmacies/companies (“Pharmaceutical Goods and Services”). Phable  operates and facilitates the sale and purchase of the Pharmaceutical Goods and Services through the Platform.

  1. Nature and Applicability of Terms
    Please go through these Specific Terms carefully before you decide to avail the Pharmaceutical Goods and Services on the Platform. The Specific Terms set out herein are in addition to the Standard Terms and together they constitute a binding legal agreement between You and Phable. The Standard Terms and the Specific  Terms are to be read in connection with Your visit to the Platform and Your use of the Pharmaceutical Goods and Services. Unless otherwise expressly stated, all defined terms in this Specific Terms shall have the same meanings as in the Standard Terms. You acknowledge that you will be bound by these Specific Terms specifically for availing any of the Pharmaceutical Goods and Services. If you do not agree with any part of these Specific Terms and/or the Standard Terms, please do not use the Platform or avail Pharmaceutical Goods and Services. Your access and use of the Pharmaceutical Goods and Services will be solely at the discretion of Phable. 
  2. Procedure for Order and Acceptance 
    You add to the cart, the Pharmaceutical Goods You are interested in ordering, through the Platform, by logging in through the Phable Platform, ensure to upload the prescription for ordering the medicine, specify the delivery location and place the order. The pharmacy receives the request and prescription by the Platform. The pharmacy then verifies the order placed and the prescription uploaded, upon there being in stock, starts processing the order once indicated to Phable by pharmacy, Phable may inform the You about the availability of the medicine or whether the medicine can be delivered to the particular location within the time slot requested We are not liable in case, You have shared Your logon credentials and if any third-party places an order on behalf of You. You shall be solely liable for all the mishaps caused from the usage of Your account. If You are the parent/legal guardian/authorized person for the patient disclosed herein, You affirm that You are over the age of majority, and have full authority to sign for and provide the above representations to the pharmacy/ Phable and/or its affiliates on the Patient's behalf. On our app a Guardian can order prescription medicines on Your behalf. Phable requires either You or Your nurse/caretaker (“Guardian”) to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from Your physician before purchasing or consuming any medicine from Phable.
  3. Availability of Medication only upon providing Prescription
    The Platform takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for Your prescription medicines, You acknowledge and accept these Specific Terms regarding the purchase of any prescription medicines. Pharmacy registered on the Phable Platform will not dispense any prescription medication without a valid prescription from a licensed physician. Also, before You can choose the low-cost generic option/generic option in the app, please ask Your doctor to add the generic drug to Your prescription or list the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of generic option or salt name of the prescription medicines, the concerned third-party pharmacy would not dispense a substitute drug in place of the prescription medication. Phable may, at its discretion, share Your prescription and other pertinent information with a third-party pharmacy network for fulfilling your orders.
    If You are ordering prescription medication(s), You hereby confirm that You will send us a scanned copy of Your valid prescription(s) and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists/ third-party pharmacies. In the event that our qualified pharmacists/ third-party pharmacies observe any discrepancy in the prescription uploaded by You, they shall cancel the order immediately. If You are ordering prescription medication(s), You may also be 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 case the prescription(s) provided by You is rejected for any reason after screening, You will have the option of consultation via telemedicine with a qualified doctor arranged by us. You are aware of the potential risks, consequences, and benefits of teleconsultation. If You do not understand any of the information provided in the prescription, please verify it with the doctor or the pharmacist. Please stop further use of the prescribed medicines in case of any adverse reaction/side effects and immediately visit the nearest registered medical practitioner for an in-person consultation. The drug information provided is for informative purposes only and this Platform is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to You as a result of Your reliance on the information in the Platform. By Your use of the services, You acknowledge that such use is at Your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment You use in connection with these services. As partial consideration for Your access to our services and use of the content, You agree that Phable is not liable to You in any manner whatsoever for decisions You may make or Your actions or non-actions in reliance upon the content.
  4. There are options of ‘cash on delivery’ and ‘payment by card’ on delivery. We may, occasionally, add discounts/ cashbacks, but this may change from time to time. The discounts/cashbacks added can be redeemed for various goods/ services offered for sale by relevant third-party pharmacies on Phable Platform. Price on all our products includes all applicable statutory taxes, fees and are  subject to product availability. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after You have submitted Your order, and to change or update any other information at any time without prior notice. Please note that delivery times are estimates only and are not guaranteed, due to circumstances out of our control. You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
  5. Terms of Sale
    Phable may accept or decline any order placed by a You in its absolute discretion without any liability to You. We reserve the right, without prior notice, to limit the order quantity of any medicine/such other products. We acknowledge and You agree that You have folly and accurately disclosed Your personal information and personal health information and consent to its use by the third-party pharmacy, Phable and/or its affiliates. You confirm that You have had a physical examination by a physician and do not require a physical examination. You understand that all products shall be sold & dispensed by a registered pharmacist. If You are the patient/parent/authorized person on behalf of the patient, You authorize and appoint the third-party pharmacy/ Phable and/or its affiliates, as Your attorney and agent, to take all steps, sign all documents and to act on Your behalf as if You were personally present and acting for Yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which You have sent the pharmacy; and (b) packaging Your prescriptions and delivering them to You. By making a purchase through our Platform, You hereby authorize third-party Pharmacy/ Phable and/or its affiliates to ship the order by post/courier to Your designated location. This authorization shall include, but not be limited to: collecting and using Your personal and personal health information as reasonably necessary for the fulfillment of Your order.Your information, i.e. prescription when uploaded while placing an order for medicines, shall be made available to third-party pharmacies for the purpose of sourcing the medicine and having it delivered to You.Phable reserves the right to set quantity-per-order limits on any and all items sold on the Platform. Phable may also limit the item quantity available to any single User. These restrictions may be applied to orders using the same credit card or billing or shipping address.Phable is an e-Commerce platform, we only provide technology to ensure that You can order medicines and the same can be delivered to You. should there be any issues with regard to the same then Phable shall not be liable because Phable is neither the manufacturer nor the pharmacist selling the Pharmaceutical Products or Services. We are not the manufacturers of the medicines and all the orders might only be routed for delivery by us or through our representatives or agents and we shall not be liable for any mishaps.
  6. Disclaimer
    Your submission of questions or reviews on our Pharmaceutical Goods and Service does not constitute a professional relationship between You and Phable. We provide links to third-party websites, our online payment service partners, which process Your Net Banking and Credit/Debit Card payments, respectively. We provide content on our app, but they do not contain information about all medical conditions and not all information could be applicable to Your personal circumstances. The content is not intended for diagnosis and should not be used as a substitute for consultation with Your physician. We do not warrant content to be accurate, complete or current. Phable is a distributor of such content and not its publisher. Our third-party suppliers may express certain opinions or provide certain information and offers. The content we make available, whether it is about the products/services, have been provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied or statutory. Phable makes no warranties as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties and published by Us on the Platform. Phable does not guarantee or warrant the performance of any third-party, including any such third-party's conformance to any law, role, regulation or policy. To the full extent not precluded by applicable law, we disclaim and exclude all warranties with respect to all services, information and/or products contained on these services, or linked hereto (collectively throughout, “content”), express, implied or statutory.The commercial/contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, the period and mode of delivery, warranties related to the goods and services offered for sale by the third-party pharmacies, and after-sales services related to such goods and services are as provided by the third-party pharmacies. We do not exercise any control over, and do not determine or advise or in any way involve ourselves in the offering or acceptance of, such commercial/contractual terms offered by and agreed to, between You and the third-party pharmacies.All items listed on the Platform by the third-party pharmacies are third-party products. We have no control over such third-party goods and services. The authenticity and genuineness of the goods and services made available by the third-party pharmacies through the Platform shall be the sole responsibility of the third-party pharmacies. You understand and agree that we shall have no liability with respect to the authenticity of the Pharmaceutical Goods or Services being facilitated through the application. The third-party pharmacies are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale are kept in stock for the successful fulfillment of orders received. Consequently, Phable is not responsible if the third-party pharmacies do not satisfy the contract for the sale of Pharmaceutical Goods and Services which are out of stock, back-ordered or otherwise unavailable, but were shown as available on the app at the time of placement of order by You.This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim liability for technical failures, incomplete, scrambled or delayed transmissions and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties.We take all reasonable care to ensure the availability of the substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.We function 24 hours every day, 365 days per year. However, the Platform may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. We do not warrant uninterrupted access to this app/website or any linked website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our app/website.
  7. Phable Cash Capping
    1. Online Customers: 
      The User shall only be allowed to use 10% of the Phable Cash at the time purchase, subject to a maximum redemption of INR 75 Phable Cash per order. Each User shall be allowed to place up to 8 pharmaceutical product orders in a month, collectively amounting to INR 8000 and shall not be allowed to order more than 5 units of the same product in one order.
    2. Offline Customers: 
      The User shall only be allowed to use 5% of the Phable Cash at the time purchase, subject to a maximum redemption of INR 50 Phable Cash per order. Each User shall be allowed to place up to 8 pharmaceutical product orders in a month, collectively amounting to INR 8000 and shall not be allowed to order more than 5 units of the same product in one order.
  8. Cancellation
    Orders are taken with prescription, without which all orders shall be canceled. We have the right to cancel the order if we have not received the prescription for the order. If the order delivery fails multiple times then it is considered a failure of order.
  9. Returns and Refund 
    1. At the Platform, we do our best to ensure that You are completely satisfied with our products and we are happy to issue a full refund based on the conditions listed below:
      1. If eligible for return, the products can be returned within seven (7) days from the date of delivery.
      2. To return a product, the customer needs to reach out to the customer support team at support@phablecare.com. The Customer support team will assess the genuineness of the claim and accordingly initiate a return if found valid.
    2. Note:
      1. Please keep the product in its original packaging with all the labels intact.
      2. Please keep the copy of the invoice also ready for verification.
      3. The refund for the returned items will be processed once the product reaches our warehouse and meets the eligibility for return.
      4. The return item will be picked up within five (5) to seven (7) working days from date raising a return. Refund will be completed within seven (7) to ten (10) working days from the date on which the product reaches the sellers warehouse. The refund will be deposited to the original mode of transfer or to Your account in case Cash-on-Delivery was selected as payment method. Phable has no control over the bank’s refund processing time.
    3. Eligibility of Return and Refund: The product will quality for refund if it meets the following one or more criteria:
      1. The ordered item(s) is/are lost or damaged during transit or is delivered in a tampered state (subject to photographic / other proofs establishing the said tampering);
      2. The ordered item(s) is/are past its expiry date at the receipt period or have shelf life of less than 3 months.
      3. Wrong order received by the User.
    4. Request a Refund: To request a refund, simply email us Your order details, including the reason why You are requesting a refund. You could also reach out to the Customer Support team, We take customer feedback very seriously and use it to constantly improve our quality of service.