TERMS AND CONDITIONS – BLYNKMEDS (INDIA) PRIVATE LIMITED

This Terms and Conditions document (“Terms”) is an electronic record as per the provisions of the Information Technology Act, 2000 and the applicable rules thereunder, including any amendments to such provisions in other laws. This record is generated electronically and does not require a physical or digital signature.

These Terms are published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time, which mandate the publication of rules, regulations, privacy policy, and terms of use for access or usage of our website [www.blynkmeds.com] and our mobile application (“BlynkMeds”).

BlynkMeds (India) Pvt. Ltd. (“BlynkMeds,” “Company,” “we,” “us,” or “our”) operates licensed retail stores and an online platform that allows customers (“you,” “your,” “user”) to purchase pharmaceutical and healthcare products, subject to these Terms & Conditions and our Privacy Policy. The Blynkmeds is own and operated by Blynkmeds  (India) Private Limited a company dully incorporated under the company act 2013 . By using the BlynkMeds Platform, you agree to be bound by these Terms. If you do not agree, you must immediately stop using our services.

The BlynkMeds Platform facilitates the online purchase of prescription medicines, over-the-counter drugs, medical devices, personal care products, and other healthcare items sold through our licensed premises.

1. ELIGIBILITY

By using our services, you represent and warrant that:

a. You are at least 18 years old or are accessing the platform under the supervision of a parent/guardian, who will be considered the end-user for these Terms.

b. If you are a minor, your parent/legal guardian must transact on your behalf. You are prohibited from purchasing items restricted for sale to minors or for adult consumption only.

c. You are legally competent to enter into a binding contract under the Indian Contract Act, 1872. Persons declared incompetent to contract, including un-discharged insolvents, are not eligible to use our services.

d. You have not been previously suspended or barred by BlynkMeds or any of its group entities from using our services.

e. BlynkMeds reserves the right to terminate your account if it is discovered that you are under 18 years old.

f. These Terms are governed by, and comply with, Indian laws, including but not limited to:

i. Indian Contract Act, 1872
ii. Information Technology Act, 2000 and allied rules, including the IT (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended from time to time ,
iii. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945
iv. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
v. Indian Medical Council Act, 1956 read with Indian Medical Council Rules ,1957;
vi. Pharmacy Act, 1948
vii. Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020

2. SERVICES OFFERED

Through the BlynkMeds Platform, we offer the following (“Services”):

a. Display, advertising, sale, and delivery of prescription and non-prescription medicines, pharmaceutical products, fast-moving consumer goods,food products , personal care items, health supplements, medical devices, and related products (“Products”) ; and 

b. Any additional services made available on the platform from time to time.

All Products sold through the platform are sold directly by BlynkMeds (India) Pvt. Ltd. 

3. USER RESPONSIBILITIES & CONDITIONS OF USE

3.1 Acceptance of Terms

Your access to and use of the BlynkMeds Platform constitutes your acceptance of these Terms &Conditions and any policies referenced herein. If you disagree, do not use our services. 

3.2 This Terms and Conditions document is an electronic record as per the provisions of the Information Technology Act, 2000, and the relevant rules made under it, along with any amendments applicable to electronic records in various statutes.

This document is generated electronically by the Blynkmeds system and does not require any physical or digital signature.

3.3 By engaging with the Blynkmeds website, app, or related services, you confirm your acceptance of and commitment to follow these terms and conditions.

3.3.1. Due Diligence Conditions

a. You are solely responsible for the medical, health, and personal details you provide on the Blynkmeds Platform, and you should exercise discretion when sharing such information.

b. You must ensure that all information provided by you on the Blynkmeds Platform is accurate, complete, and up-to-date, as the services you receive will be based on this information.

c. You are entirely responsible for all access to and use of the Blynkmeds Platform made using your assigned username and password, whether or not such access was authorized by you. This includes all communications, transactions, and activities carried out under your account. You are also responsible for safeguarding the confidentiality and security of your login credentials.

d. The information you provide may be used by Blynkmeds for service-related purposes, including but not limited to analysis, research, training, and, where required, disclosure to affiliates, partners, vendors, agents, or government authorities, in accordance with our Privacy Policy.

e. Blynkmeds reserves the right to refuse service or suspend/terminate accounts at its sole discretion if it believes you have violated, or are likely to violate, applicable laws or these Terms and Conditions.

f. If you wish to correct or update any information you have provided for the purchase of goods or use of services from Blynkmeds, you may do so by contacting our Grievance Officer at grievances@blynkmeds.in. We will make reasonable efforts to update the information as soon as possible after receiving your request.

3.3.2 SCOPE OF SERVICES

 a.  BlynkMeds sells products across categories including:

• Prescription medicines (except Schedule X drugs)
  
• Over-the-counter medications
  
• Medical devices
  
• Health supplements, baby food, and wellness products
  
• Personal care and hygiene products
  

Availability of products is determined by the inventory of our licensed stores and may vary by delivery location.

Blynkmeds does not offer for sale any medicines or substances classified under Schedule X of the Drugs and Cosmetics Act, 1940, as amendments from time to time , on the Blynkmeds platform; and 

b. Blynkmeds engages in the retail sale of products to end customers through online channels via its licensed premises. The Blynkmeds platform displays the inventory of products available at Blynkmeds stores, based on the pin code entered by you on the platform.

3.3.3 PROHIBITED USES

You agree not to:
a. Reproduce, distribute, modify, reverse-engineer, or exploit any part of the platform without written consent.
b. Resell products purchased from BlynkMeds.
c. Impersonate another person or misrepresent your identity.
d. Upload prohibited content (as defined in Section 9 below).
e. Upload a prescription more than once unless reissued by a registered medical practitioner.

3.3.4. Delivery and charges Policy

a. Blynkmeds endeavors to complete deliveries within 2 hours from the time an order is confirmed, as communicated on the Blynkmeds platform and through our various communication channels. Our services are provided on a best-effort basis, and while we strive to meet this timeline, we do not guarantee exact delivery times. Delivery schedules may vary from order to order due to factors beyond our control, including but not limited to product shortages, operational disruptions, manpower limitations, strikes, lockouts, government restrictions, supplier delays, rider unavailability, public holidays, high demand, traffic congestion, mechanical breakdowns, adverse weather, force majeure events, and other unforeseen circumstances.

b. Blynkmeds does not make any representation, guarantee, or warranty regarding the delivery time, as the estimated delivery period may change. Delays may occur due to reasons mentioned in Clause 3.3.4.a above, and such variations shall not be considered a breach of our obligations.

 c. Blynkmeds shall endeavor to deliver the order to the delivery address provided by you at the time of placing the order on our platform. However, any interruption or disruption in delivery caused due to incorrect, incomplete, or inaccurate details provided by you shall not be our responsibility. Any losses or damages resulting from such errors shall be solely your responsibility and will not be attributable to Blynkmeds in any manner whatsoever.

d .Notwithstanding any request to leave your order at your doorstep or another location, such requests cannot always be accommodated. Blynkmeds shall not be responsible for delivering your order if no one is available to receive it at the delivery address, as this could result in theft, tampering, spoilage, or contamination. Any resulting losses or damages shall be solely your responsibility..

e. You must provide accurate directions, information, and authorizations to accept delivery of your order. If failure to do so results in the order being undelivered, the order shall be deemed delivered to you, and all associated risks and responsibilities shall pass to you.

f. To ensure timely delivery, our delivery personnel may contact you via phone or internet call to confirm the exact delivery location. If the call is not answered or not connected, the promised delivery timeline will no longer apply. Please note that any stated delivery time is an approximate estimate.

g. Delivery charges for your purchases will be displayed on the checkout page when placing an order on the Blynkmeds platform. Any other applicable charges will also be displayed at the time of purchase and are payable accordingly.

h. Cash on Delivery (COD) is a payment option that allows you to pay for your order in cash when it is delivered to your address by Blynkmeds.

i. If you do not have or wish to use a credit/debit card for online payment, the COD option allows you to pay the full order amount at the time of delivery, either through a point-of-service terminal or in cash.

j. If you choose COD and fail to make full payment at the time of delivery, our delivery personnel may refuse to hand over the order. Blynkmeds shall not be liable for any loss or damage arising from non-delivery in such cases; the responsibility will be solely yours.

k. You will be notified when your order is confirmed and when it has been shipped, along with an estimated delivery time.

l. Blynkmeds makes its best effort to ship each item within the estimated delivery time provided at the time of ordering. In some cases, shipping may take longer if items need to be sourced from other stores or suppliers. If any part of your order cannot be shipped within 12 hours, we will cancel the unshipped portion and notify you. Payment for the unshipped items will be refunded according to your original payment method, in line with the Blynkmeds Payment, Returns, and Refund Policy.

m. All refunds will be processed in accordance with the Blynkmeds Payment, Returns, and Refund Policy available on our platform.

n. Delivery timeframes stated on the platform are non-binding and may vary due to multiple factors beyond our control.

o. Blynkmeds engages both internal and third-party delivery partners to fulfill orders according to strict Standard Operating Procedures. Third-party services are governed by their own terms and policies, and Blynkmeds has no control over them. We make no representation or endorsement regarding the accuracy, legality, quality, or timeliness of products, services, or content provided by third-party delivery partners.

p. Blynkmeds does not directly provide inter-state medicine deliveries. Inter-state deliveries, and certain inter-city or local deliveries, may be handled by external delivery partners. Any delay, loss, theft, or damage arising from deliveries by external partners is the sole responsibility of the respective partner, and Blynkmeds shall not be held liable for such incidents.

3.3.5. International Delivery

International delivery is currently not available. You may access the Blynkmeds website or app to place orders from anywhere in the world, but the shipping address must be within India.

3.3.6. Additional Information

a. Blynkmeds reserves the right, at its sole discretion, to refuse or cancel any orders for a product, unless the product has already been dispatched.

b. You agree to compensate Blynkmeds for any additional costs incurred for redelivery in case of non-delivery on the first attempt due to errors in the information provided by you, such as incorrect name, address, or other relevant details.

3.3.7. Medicine Delivery Policy 

a. You must upload a clear scanned copy or image of a valid prescription issued by a Registered Medical Practitioner (RMP) for all medicines that require one, except where applicable laws allow sale without a prescription. Orders will not be processed until BlynkMeds receives a valid prescription.

b. A prescription must not be reused for multiple orders unless it has been reissued or endorsed again by the RMP. Any misuse of prescriptions may lead to action in accordance with applicable laws.

c. All medicine dispensing shall be carried out under the supervision of a qualified and registered pharmacist in compliance with legal requirements.

d. By placing an order, you agree and consent that the details of your prescription will be stored and maintained by BlynkMeds in accordance with applicable legal obligations and our Privacy Policy.

e. You may be required to present the original prescription (physically or digitally) at the time of delivery or pickup for verification and record-keeping purposes.

f. BlynkMeds reserves the right to refuse, either in whole or in part, any order if the prescription provided is found to be non-compliant with applicable legal or regulatory standards. In such instances, you will be informed of the decision through suitable communication methods.

Here’s a rewritten Prohibited Content policy for BlynkMeds (India) Pvt. Ltd. with the same meaning as the original but fully reworded to avoid copyright issues:

4. Prohibited Content

a. You agree not to upload, share, post, or otherwise make available on the BlynkMeds Platform any material, data, or content that falls within the following categories:

b. Content owned by another person or entity for which you do not have legal rights or permission to use.

c. Material that is harmful, abusive, defamatory, obscene, pornographic, sexually explicit, harassing, invasive of another’s privacy,including bodily privacy, discriminatory based on gender, caste, religion, or ethnicity, or that violates any prevailing laws.

d. Any form of hate speech, derogatory statements, or content that promotes racial or ethnic hostility.

e. Content that encourages or promotes activities such as money laundering, gambling, or other unlawful conduct.

f. Content that exploits, harms, or endangers minors; infringes intellectual property rights including patents, trademarks, copyrights, or trade secrets.

g. Any material that breaches the laws applicable in India at the time.

h. Information that misrepresents its origin, intentionally spreads false or misleading statements that may reasonably be taken as factual.

i. Content that is grossly offensive, abusive, or threatening in nature.

j. Material that impersonates any individual or misrepresents your association with any person or organization.

k. Content that threatens national unity, integrity, security, sovereignty, friendly relations with foreign nations, or public order.

l. Information that is deliberately false or malicious, intended to deceive, harass, or cause harm to individuals, businesses, or institutions, whether for personal financial gain or otherwise.

m. Material that provokes criminal activity, obstructs the investigation of offences, or shows disrespect toward any nation.

n. Abusive or inappropriate language or behavior directed towards healthcare professionals, pharmacists, employees, agents, or partners of BlynkMeds during any interaction.

o. Any content irrelevant to your medical consultation, prescription fulfilment, or other services provided through the BlynkMeds Platform.

BlynkMeds reserves the right to remove any content that violates these guidelines and/or immediately suspend or terminate your access to the Platform and Services without prior notice.

5. INDEMNITY

• a. By accessing or using the BlynkMeds (India) Pvt Ltd platform and/or its services, you agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless BlynkMeds (India) Pvt Ltd, its group entities, directors, officers, employees, agents, contractors, licensors, and affiliates against any claims, damages, liabilities, expenses, or legal costs (including reasonable attorney fees) that may arise as a result of:
• b. Your use or misuse of the BlynkMeds platform and/or services;
• c. Submission of incorrect, invalid, or misleading credit/debit card or payment information;
• d. Use of a credit/debit card or other payment method that is not legally owned or authorized by you;
• e. Allowing any unauthorized person to access your account, password, or login credentials;
• f. Any violation of applicable laws, rules, or regulations in the jurisdiction from which you access the BlynkMeds platform or services;
• g. Uploading or submitting false, forged, altered, or unauthorized prescriptions; and

h. Any action or decision taken by BlynkMeds during the investigation of a suspected violation of these Terms, or as a consequence of determining that a violation of these Terms has occurred.

6. LIMITATION OF LIABILITY

By using our services, you acknowledge and agree to the following terms:

a. To the fullest extent allowed by applicable law, BlynkMeds (India) Pvt Ltd, along with its affiliates, group entities, directors, officers, employees, agents, contractors, and partners, shall not be held responsible for any special, incidental, indirect, consequential, punitive, or exemplary damages that may arise out of or be connected with:

• These Terms & Conditions or the Privacy Policy;
  
• Your access to, use of, or inability to use the BlynkMeds platform; or
  
• Your interaction with or use of any third-party services made available through the BlynkMeds platform.
  

b. BlynkMeds does not guarantee that the platform, services, or products offered through it will always be uninterrupted, error-free, or free from delays. Occasional inaccuracies, interruptions, or omissions may occur.

c. While BlynkMeds takes reasonable measures to protect against harmful code such as viruses or malware, we do not guarantee that the platform, its services, or any materials provided through it are completely free from such risks. We are not liable for any loss or damage caused directly or indirectly by such features.

d. To the extent permitted by law, BlynkMeds shall not be liable to you or any third party for any direct or indirect damages or losses (including but not limited to loss of profits, revenue, goodwill, anticipated savings, data, business interruption, or wasted expenditure), even if BlynkMeds has been informed or was reasonably aware of the possibility of such damages. This includes, but is not limited to, damages arising from:

• Your reliance on or use of the BlynkMeds platform, its content, links, or services;
  
• The information (personal or otherwise) you provide to BlynkMeds;
  
• The delivery of services or products by BlynkMeds;
  
• Actions, omissions, or negligence of BlynkMeds, its employees, or agents;
  
• Delays, errors, or losses caused by third-party service providers such as delivery partners.

e. To the maximum extent allowed by law, BlynkMeds (India) Pvt Ltd disclaims and excludes all forms of warranties and representations—whether express, implied, or statutory—regarding the BlynkMeds platform, its services, or the accuracy, completeness, or timeliness of any information made available through it. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights such as patents or trademarks.

The BlynkMeds platform, along with all its content, information, and links, is provided strictly on an “as-is” basis, without any guarantee that it will operate without interruptions, errors, or defects. By using the BlynkMeds platform, you expressly acknowledge and agree that you do so entirely at your own risk.

f. Regardless of anything stated in these Terms, the maximum liability of BlynkMeds (whether arising in contract, tort, or otherwise) for any claim related to your use of the platform shall be strictly limited to the amount paid by you for the product(s) or service(s) in question, in relation to one incident or series of incidents resulting from the same cause.

g. BlynkMeds reserves the sole right to refuse service, cancel orders, suspend or terminate accounts, or remove or modify content at any time without prior notice.

h. Any claim or legal action related to the use of the BlynkMeds platform or these Terms must be brought within one (1) year of the event that gave rise to such claim; otherwise, the claim will be deemed waived.

i. Our products are supplied with the understanding that they are intended for personal use only. If you choose to purchase and use them for commercial or business purposes (such as resale, distribution, or use within an organization), it is solely your responsibility to ensure that you have suitable insurance coverage in place.

To the fullest extent permitted by law, BlynkMeds (India) Pvt Ltd does not provide or imply any warranty that the products will be suitable for business or commercial purposes.

For business users, our maximum liability in connection with any product shall be strictly limited to the replacement or refund of the product’s value. We will not be responsible for:

• The suitability or fitness of products for business use;
  
• Any loss of profit, revenue, or business opportunity;
  
• Any indirect or consequential losses; or
  
• Any claim beyond the actual cost of the product itself.

This Limitation of Liability section will remain in force even after termination of your account, services, or use of the BlynkMeds platform.

7. DATA & INFORMATION POLICY

BlynkMeds (India) Pvt Ltd respects and values your privacy and is committed to protecting any personal information you share with us while using our services. Any data you provide will be handled in accordance with our Privacy Policy.

For details on how we collect, store, use, and safeguard your personal information, please refer to our Privacy Policy.

8. INTELLECTUAL PROPERTY AND OWNERSHIP

You acknowledge and agree that all copyrights, trademarks, trade names, service marks, logos, taglines, designs, and all other intellectual property rights related to the BlynkMeds (India) Pvt Ltd platform, including its content and materials, shall remain the exclusive property of BlynkMeds (India) Pvt Ltd or of third parties who have licensed such rights to us.

You are permitted to use such content or materials only as expressly authorized by BlynkMeds or its licensors. No part of these intellectual property rights may be used, reproduced, copied, distributed, published, transmitted, or exploited in any manner without prior written permission from BlynkMeds.

All product names, brand names, service names, taglines, and logos (collectively referred to as “Marks”) appearing on the BlynkMeds platform are trademarks owned by or licensed to BlynkMeds, unless otherwise stated. These Marks are protected under applicable intellectual property laws in India, and you may not use them without prior written approval, except solely for the purpose of identifying products or services offered by BlynkMeds.

The content and materials available on the BlynkMeds platform are made available strictly for your personal, non-commercial use only. You may download or use such materials solely for accessing and using the platform. Any other use—including copying, reproducing, transmitting, publishing, distributing, commercially exploiting, or creating derivative works of the content—is strictly prohibited. You also agree not to assist or enable any third party to do the same.

The BlynkMeds platform may allow registered users to post reviews, comments, suggestions, questions, or other forms of content (“User Content”). You confirm that any User Content submitted by you is original and does not infringe upon the rights of any third party. By submitting User Content, you grant BlynkMeds a perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, display, publish, or modify such content without any further obligation to you, and you waive any rights you may have in relation to such User Content.

BlynkMeds reserves the right, but not the obligation, to monitor, edit, or remove any User Content at its sole discretion. BlynkMeds does not accept responsibility or liability for any User Content submitted by you or any third party.

9. OTHER CONDITIONS

All payments made by you on the BlynkMeds Platform will be processed in compliance with applicable laws. For detailed information, please refer to our Payment, Returns, and Refund Policy.

By using our Platform and Services, you acknowledge and agree to the following conditions:

a. You will use the BlynkMeds Platform and services provided by BlynkMeds, its partners, affiliates, and service providers strictly for lawful purposes. You agree to comply with all applicable laws, rules, and regulations while transacting or using the Platform.

b. You must ensure that all information shared by you (including during registration, placing an order, or while availing services) is true, accurate, current, and complete. BlynkMeds reserves the right to verify such details at any stage. If any information is found to be false, misleading, or incomplete (in whole or in part), BlynkMeds reserves the right, at its sole discretion, to cancel your registration or deny access to our services without prior notice.

c. You agree that you will exercise your own judgment and discretion before engaging in any transaction through the BlynkMeds Platform, and that you do so entirely at your own risk.

BlynkMeds reserves the right to transfer, assign, or subcontract any of its rights or obligations under these Terms, in full or in part, to a third party without requiring prior consent from you. If any provision of these Terms is found to be invalid or unenforceable by a competent authority, the remaining provisions will continue to remain valid and enforceable.

These Terms are intended solely for the benefit of you and BlynkMeds, and do not create any rights or claims enforceable by any third party. Any delay or failure by BlynkMeds to exercise its rights, powers, or remedies under these Terms will not amount to a waiver of such rights. Any waiver, if applicable, will only be effective when issued in writing by an authorized representative of BlynkMeds.

These Terms, along with any policies or documents referred to herein, represent the complete agreement between you and BlynkMeds and override any previous agreements, understandings, or representations related to the use of the BlynkMeds Platform and Services.

By visiting the BlynkMeds Platform or communicating with us electronically (including via email, SMS, or in-app notifications), you agree to receive communications from us electronically. All agreements, notices, disclosures, and other communications provided to you electronically shall have the same legal validity as if they were provided in writing.

10. THIRD-PARTY LINKS AND RESOURCES

The BlynkMeds Platform may include links to external websites or resources that are operated by third parties (for example, links within our social media sharing options). These links are provided purely for your convenience and information. BlynkMeds does not control, endorse, or take responsibility for the content, accuracy, availability, or services offered on such third-party websites. Any access to or use of these websites will be at your own risk, and you will be bound by the terms of use and privacy policy of the respective site once you leave the BlynkMeds Platform.

11. UPDATES TO TERMS

We may revise, amend, or update these Terms and Conditions from time to time. Each time you access or use the BlynkMeds Platform, you are advised to review the current Terms and Conditions and Privacy Policy to ensure you are aware of the rules that apply at that time.

12. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

BlynkMeds shall not be held responsible for any failure or delay in performing its obligations if such failure arises due to events beyond our reasonable control. These events may include but are not limited to:

a. Strikes, lockouts, or labor disputes
b. Civil disturbances, riots, invasions, terrorist attacks, wars, or threats of war
c. Natural disasters such as fire, floods, earthquakes, or epidemics
d. Disruptions in transportation or communication systems
e. Government actions, restrictions, regulations, or court orders

During such circumstances, our obligations will be considered suspended for the duration of the event. Once normal conditions resume, additional time will be provided to complete the obligations as reasonably required.

13. TERMINATION OF SERVICES

a. BlynkMeds reserves the right to immediately restrict or deny services if any user is found to be in violation of applicable laws, rules, or these Terms and Conditions.
b. In case of any changes in law or regulations, we reserve the right to temporarily suspend or permanently stop services, or continue services under revised terms.

14. GOVERNING LAW AND JURISDICTION

These Terms and Conditions and your use of the BlynkMeds Platform will be governed by the laws of India. Any disputes shall fall under the exclusive jurisdiction of the competent courts located in Purnea, Bihar, India.

15. CONTACT DETAILS

If you have any queries, feedback, or complaints regarding our services, Terms and Conditions, or Privacy Policy, you may contact our Grievance Officer:

Name: Amrit Raj
Email: grievances@blynkmeds.com
Phone: +91 6289153347

Upon submitting a complaint, you will be provided with a reference number to track the status of your request.