Terms & Conditions of Use

1. Introduction and Acceptance

These Terms & Conditions ("Terms") govern your access to and use of the MedSetu mobile application, website (med-setu.vercel.app) and related services (collectively, the "Platform"), operated by SetuSphere (Proprietor: Mukesh Kumar Verma), a business registered under Udyam/MSME registration number UDYAM-UP-21-0060784, having its principal place of business at Raghav Nagar, Deoria, Uttar Pradesh – 274001 ("MedSetu", "we", "us" or "our").

By creating an account, accessing, browsing or placing an order through the Platform, you ("User", "you" or "your") confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy and our Return, Refund & Cancellation Policy, each incorporated by reference. If you do not agree, please do not use the Platform.

2. Definitions

• "Seller" / "Pharmacy" — an independent, duly licensed retail chemist, wholesaler or pharmacy listed on the Platform that stocks, prices, dispenses and sells Products to Users.
• "Products" — medicines, pharmaceutical, healthcare, wellness and related goods made available by Sellers on the Platform.
• "Prescription" — a valid prescription issued by a duly registered medical practitioner as required under applicable law.
• "Delivery Partner" — an independent person or agency engaged to deliver Products to Users.
• "Pharmacist" — the qualified pharmacist(s) who review prescriptions and orders for prescription-required Products on the Platform.

3. Nature of the Service — Technology Platform / Intermediary

MedSetu is a hyperlocal technology platform that connects Users with independent, licensed Sellers in the Deoria–Gorakhpur–Kushinagar region of Uttar Pradesh. MedSetu is an "intermediary" within the meaning of the Information Technology Act, 2000 and the rules made thereunder.

MedSetu does not itself own, stock, manufacture, sell or dispense medicines. The sale and dispensing of every Product is carried out by the concerned Seller, who is solely responsible for the licensing, quality, storage, authenticity, labelling, pricing (including MRP) and lawful dispensing of the Products it lists. The contract of sale for any Product is directly between the User and the Seller. MedSetu facilitates discovery, ordering, prescription verification, payment coordination and delivery coordination as a facilitator only.

4. Eligibility

To use the Platform and place orders you must be at least 18 years of age and competent to enter into a legally binding contract under the Indian Contract Act, 1872. By using the Platform you represent that you meet these requirements and that all information you provide is true, current and complete.

5. Account Registration and Security

1. Registration and login are primarily through mobile-number verification (OTP); certain roles may also sign in through a Google account. One person is intended to hold one account.
2. You are responsible for maintaining the confidentiality of your account and for all activity under it, and must notify us immediately of any unauthorised use.
3. The mobile number linked to your account is your account identity and must belong to you. Phone numbers added to delivery addresses are for contact only.
4. We may suspend or terminate accounts that are inaccurate, fraudulent, duplicated or used in breach of these Terms.

6. Prescriptions and Regulated Medicines

Certain Products — including Schedule H, Schedule H1 and other prescription-only medicines under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 — can be dispensed only against a valid Prescription. For such Products you must upload a clear, valid and genuine Prescription.

• You confirm that any Prescription you upload is genuine, issued to the patient named on it by a registered medical practitioner, and has not been altered.
• The Pharmacist and/or Seller may verify, query, or decline to fulfil any order where the Prescription is missing, invalid, illegible, expired or non-compliant.
• MedSetu and its Sellers reserve the right to refuse or limit the sale of any medicine where dispensing would be unlawful, unsafe or contrary to regulatory requirements.

7. Pharmacist Verification

Orders containing prescription-required Products are routed to a qualified Pharmacist for review before being assigned to a Seller for fulfilment. The Pharmacist may approve, seek clarification on, or reject such orders. Pharmacist approval relates to the regulatory suitability of dispensing against the uploaded Prescription and is not medical advice or a substitute for consultation with your own doctor.

8. Orders, Pricing and Payment

1. Prices, availability and applicable charges are set by the respective Seller and displayed at or before checkout. Prices do not exceed the declared maximum retail price (MRP).
2. Delivery, handling and other charges (if any) are shown before you confirm an order.
3. Placing an order is an offer to purchase; a binding contract of sale arises only when the Seller accepts and confirms the order (and, for prescription items, after Pharmacist approval).
4. Payment is currently accepted by Cash on Delivery (COD). Additional payment methods may be introduced in future and, if enabled, will be governed by these Terms.
5. We may cancel or refuse any order in cases of suspected fraud, pricing errors, stock unavailability, delivery-area limitations or non-compliance with these Terms.

9. Delivery

Products are delivered to the address you provide, within the serviceable pincodes currently covered by the Platform. Delivery timelines are estimates and may vary due to Seller availability, prescription verification, weather, local conditions or events beyond our control. You are responsible for providing a correct and reachable delivery address and contact number, and for ensuring a competent person (18+) is available to receive prescription medicines where required.

10. Cancellations, Returns and Refunds

Order cancellations, returns and refunds are governed by our Return, Refund & Cancellation Policy, which forms part of these Terms. For reasons of public health and drug safety, medicines once delivered are generally non-returnable except in the specific situations set out in that Policy.

11. User Obligations and Prohibited Conduct

You agree that you will not:

• upload any false, forged or altered Prescription, or misrepresent your identity, age or medical need;
• use the Platform for any unlawful, fraudulent or abusive purpose, or to obtain medicines in violation of law;
• interfere with, reverse-engineer, scrape, overload or gain unauthorised access to the Platform or its systems;
• resell, or attempt to resell, medicines obtained through the Platform;
• post unlawful, defamatory, obscene or infringing content, or infringe any third-party rights.

12. No Medical Advice

The Platform provides a means to order medicines and healthcare products; it does not provide medical advice, diagnosis or treatment. Information on the Platform (including medicine names, salts, dosages and descriptions) is for reference only and must not be relied upon as a substitute for professional advice from a qualified doctor or pharmacist. Always read the label and package insert, and consult your physician before starting, changing or stopping any medication. In a medical emergency, contact your doctor or the nearest hospital immediately.

13. Intellectual Property

The MedSetu and SetuSphere names, logos, the "Setu" brand, the Platform's design, software, text and graphics are owned by or licensed to us and are protected by applicable intellectual-property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended personal, non-commercial purpose. You may not copy, modify, distribute or create derivative works without our prior written consent.

14. Third-Party Sellers, Delivery Partners and Links

Sellers and Delivery Partners are independent third parties and not employees or agents of MedSetu. MedSetu is not responsible for the acts, omissions, quality of goods or services, storage conditions, or conduct of any Seller or Delivery Partner, except to the extent required by law. Any dispute regarding a Product is primarily between you and the concerned Seller; we will provide reasonable assistance through our grievance process.

15. Disclaimers and Limitation of Liability

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, MedSetu disclaims all warranties, express or implied, regarding the Platform's availability, accuracy or fitness for a particular purpose.

To the maximum extent permitted by applicable law, MedSetu's total aggregate liability arising out of or in connection with your use of the Platform or any order shall not exceed the amount paid by you for the specific order giving rise to the claim. MedSetu shall not be liable for any indirect, incidental, special or consequential losses. Nothing in these Terms excludes any liability that cannot be excluded under applicable law, including liability arising from death or personal injury caused by proven negligence.

16. Indemnity

You agree to indemnify and hold harmless MedSetu, its proprietor, staff and partners from and against any claims, losses, damages, liabilities and expenses (including reasonable legal costs) arising out of your breach of these Terms, your misuse of the Platform, or your submission of any false or forged Prescription or information.

17. Suspension and Termination

We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, if required by law, or to protect the Platform, Users, Sellers or the public. You may stop using the Platform at any time. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnity and governing law) shall survive.

18. Privacy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, store and protect your information, including sensitive information such as prescriptions.

19. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, complaints regarding any content, order, Seller or Product may be addressed to the Grievance Officer, who will acknowledge complaints within 48 hours and endeavour to resolve them within one month.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Subject to applicable law, the courts at Deoria, Uttar Pradesh shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Platform.

21. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on the Platform with a revised effective date. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

22. Contact Us

For any questions about these Terms, contact us at medsetuofficial@gmail.com.