Terms of Sale

• Emami Frank Ross may accept or decline any order placed by a customer in its absolute discretion without liability to you.
• Emami Frank Ross reserves the right to discontinue any program or offer in its website.
• We reserve the right, without prior notice, to limit the order quantity of any products available.
• We acknowledge and you agree that you have fully and accurately disclosed your personal information and required personal health information and consent to its use by the Emami Frank Ross Pharmacy and/or its affiliates. You confirm that you have had a physical examination by a physician.
• You understand that all products shall be sold & dispensed by a registered Pharmacist at Emami Frank Ross Pharmacy and/or its affiliates.
• If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint Emami Frank Ross 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 to the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise Frank Ross and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order.
  “YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”
• “If you are the parent/legal guardian/authorised 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 Emami Frank Ross and/or its affiliates on the Patient’s behalf.”

Prescription Medication Policy

Emami Frank Ross, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.

• Emami Frank Ross will not dispense any prescription medication without a valid prescription from a licensed physician.
• If you are ordering prescription medication(s), you hereby confirm that you will provide a copy of your valid prescription(s) via website or at time the time of delivery, and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists.
• The drug information provided in the website is for informative purposes only and this website 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 website.
• Emami Frank Ross requires either the user or the customer or the caregiver to confirm that 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 Emami Frank Ross.
• At Emami Frank Ross, a caregiver can order prescription medicines on behalf of the patient.

Copyrights, Trademarks and other Intellectual Property Rights

• As per the Terms and Conditions of Emami Frank Ross, the website grants access to users/ customers to view the content solely for visiting, ordering, and communicating only. All materials in this website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this website are copyrights and/ or other intellectual properties owned by Emami Frank Ross. All other trademarks not owned by Emami Frank Ross that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Emami Frank Ross.
• You hereby agree that you will not reproduce, duplicate or copy the content of Emami Frank Ross for any purpose, unless you have been specifically permitted to do so in a separate agreement with this website.

User Indemnification

You hereby agree to indemnify, defend, hold harmless Emami Frank Ross and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

Applicable Law and Jurisdiction

These Terms and Conditions and your use of this website and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Kolkata.

Severability

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Emami Frank Ross to enforce any part of these Terms and Conditions shall constitute a waiver of any of Emami Frank Ross’ rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by Emami Frank Ross nor the reliance of any person on Emami Frank Ross’ actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorised representative of Emami Frank Ross shall have any legal effect whatsoever.

Submissions

• Frank Ross reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, “Submissions”) as part of the features in the website, including but not limited to, Ratings & Reviews and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
• Emami Frank Ross shall be deemed to own all known and existing rights hereafter of every kind and nature with respect to the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
• You also represent and warrant that your Submissions will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
• The user/ customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the Emami Frank Ross website.
• Emami Frank Ross does not endorse and is not responsible for any Submissions on its website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the users/ customers, which may be inaccurate, offensive, obscene, threatening or harassing.

Termination

You agree that Emami Frank Ross, in its sole discretion and for any or no reason, may terminate your access to and use of the website at any time if you breach these Terms and Conditions. You agree that any termination of your access to the website or suspension of your account can be effected without prior notice, and you agree that Emami Frank Ross shall not be liable to you for any such termination. Your right to use the Emami Frank Ross website/ service immediately ceases upon termination of your access/ use of the website.

Changes to these Terms and Conditions

We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the website. It is your responsibility to review the Frank Ross Terms and Conditions regularly. Your continued use of the website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions. These Terms were published on 15/04/2021.

Permission to digitise your prescription

• The website is a platform that can be used by the users to purchase various products (including prescription medicines which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner). In order to purchase prescription medicines, the users are required to upload a scanned copy of the prescription. The users are also required to make the prescription available at the time of receipt of delivery of prescription medicines.
• In compliance with Drug and Cosmetic Act and Rules, we don’t process requests for Schedule X and other narcotic drugs. For Schedule H and H1 drugs you need to upload a valid prescription from a registered medical practitioner.
• Emami Frank Ross shall maintain a digital record of all the prescriptions uploaded by the user in the website which can be accessed by the user from his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.

“Personal Information” means the information disclosed by a user, in connection with registering and using the Services and may include name, age, email, residential address, telephone number, digital prescriptions and any other personal details, which are capable of identifying the User.

The Personal Information will be used only for the purposes of providing the services and maintaining a confidential database. Emami Frank Ross will ensure that the Personal Information provided by the user is treated securely, in accordance with the provisions mentioned in Privacy Policy and in terms of the Information Technology Act, 2000 (“Act”) and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“Rules”). Emami Frank Ross has taken all reasonable measures and precautions to keep the Personal Information safe and secure and to prevent any unauthorized access or misuse of the same.