Terms and Conditions

https://optimuspharmaceuticals.com an internet-based portal and “optimuspharmaceuticals”, a free mobile application, is own, run, operated by Optimus Pharmaceuticals,  a Medicine Distributor, licensed to Sell, or Distribute wholesale, Drugs other than those specified in[SCHEDULES- C, C(I) AND X), situated at House no-59, MG Road, Uzan Bazar Riverside, Uzan Bazar, Guwahati, District-Kamrup Metropolitan, Assam-781001, and maintained by IQ DRIVEN TECHNOLOGIES LLP, a Limited Liability Partnership Firm duly registered under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at House No-7, Radha Nagar, VIP Road, Guwahati, Dist- Kamrup Metropolitan, Assam, Pin- 781022.

These Terms and Conditions(the “Terms”) are the terms on which the website https://optimuspharmaceuticals.com and free Mobile Application “optimuspharmaceuticals” is made available to you(Owner/Proprietor/Employee/Representative of Retail Pharmacy/Chemist Shop, Pathological Laboratory and Diagnostics Centers). The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements. “Buyers”, "Client", "You", "Your", “Visitor(s)”,and “user(s)” refers to you, the person who accesses this Website and/or Mobile Application and is compliant with the Firm’s terms and conditions. The Website/Domain name and the mobile application are collectively referred to as the “Platform”.“Optimuspharmaceuticals”, “Platform”, “the Platform”, "The Firm", “Website”, “Mobile Application”, "Ourselves", "We", "Our" and "Us", refers to our Firm. "Party" or "Parties" refers to both the Client and ourselves. 

This document is being published in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Information Technology (IT) rules 2021 as notified by Government of India and this article comes under Rule 3 (Intermediaries Guidelines and Digital Media Ethics Code) which mandates the publishing of rules and regulations, privacy policy, and Terms of Use for accessing or using the website name https://optimuspharmaceuticals.com, including but not limited to the related Mobile Site and/or Mobile Application name “optimuspharmaceuticals”.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is considered an electronic record under the Information Technology Act of 2000 and its applicable rules, as well as the amended provisions concerning electronic records found in various statutes that were amended by the Information Technology Act, 2000. 

Acknowledgement of Terms and Conditions:

When you access this Platform, you acknowledge that you have read the terms and conditions set forth below and understood that access to this Platform is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit this Platform now.

These terms and conditions are applied to both existing and future customers of the company. The Firm retains complete rights to change the same without any prior notice to the user. We keep updating our terms & conditions from time to time and it is strongly recommended to read the same whenever you visit the platform.

Optimus Pharmaceuticals Services:

The Platform facilitates Users to connect and procure Drugs/Medicine or other Pharmaceutical Products from Optimus Pharmaceuticals(hereinafter together be referred to as “Sellers'') of Pharmaceutical Products with the Firm and authorised the Platform to view, process, communicate, procure and make & collect payment of the products ordered by the Retail Chemist Shop and offered by the Sellers (the “Items”) using the services provided by the  Platform and therefore allows Users to have delivered the ordered Items through Iqdriven Delivery Partner(Independent Contractors). 

You accept and acknowledge the following:

Optimuspharmaceuticals may, in its entire discretion, add, change, enhance, extend, or withdraw any of the optimuspharmaceuticals Services described above at any time. optimuspharmaceuticals does not make any guarantee that the optimuspharmaceuticals Services will be made available to Users at all times.

Users hereby accept and acknowledge that Optimuspharmaceuticals is not a party to any of the transactions that are initiated between Users, Sellers and/or Optimuspharmaceuticals Delivery Partners(Independent Contractor) through the Platform and Optimuspharmaceuticals shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Sellers or the Optimuspharmaceuticals Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that Optimuspharmaceuticals shall not be liable for the conduct, acts and/or omissions of the Sellers (including their employees and consultants) and Optimuspharmaceuticals Delivery Partners in the course of Delivering the items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Sellerts and/or the Delivery Partners, as the case may be.

Accounts and Registration Obligation:

User must not use the Platform and its Services for the Users personal use and the Platform shall be used by the User only for their business purposes.

As this Platform only facilitates Pharmaceutical Transactions between Optimus Pharmaceuticals and Buyers, any Individual who is at least 18 years of age and who is Owner/Proprietor/Representative of Retail Pharmacy/Chemist Shop, may create an account and to avail the services by providing the necessary details (Name of the Owner/Proprietor, phone number, email Id, Name and Address of the Business, Drug Licence Details and GST Registration Details).  In order to use the Platform, you have to create an account (“Account”) and sign in/login by using the OTP(One Time Password) generated by the Platform as soon as you enter your own Registered Mobile Number. You shall provide true and accurate information while creating Your Account.

 

If You use the Platform, You are responsible for maintaining the secrecy of your display name/user Id and OTP(One Time Password), and You are liable for any actions that occur under your account. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to your account on the Platform and refuse to provide You with access to the Platform.

On the Platform, Your principal identity is Your e-mail address and/or mobile phone number. It is your duty to keep your Mobile Phone phone number and email address on the Platform up to current at all times. You undertake to promptly notify Us if your mobile phone number or e-mail address changes, you will immediately inform our Customer Support Team or email us at support@optimuspharmaceuticals.com to inform us about the changes and amend the new phone number or email id.

You agree that platform shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform, including where You have failed to update your revised mobile phone number and/or e-mail address. 

If You share or provide others access to your Platform account ("Account"), they will be able to view and access Your Account information. You will be fully accountable and responsible for any activity conducted under Your Account, as well as any repercussions thereof.

Privacy:

To understand our policies, please read our Privacy Policy, which also governs your visit and use of our Platform. Personal information/data given by you when using our Platform will be regarded as absolutely confidential and in line with the Privacy Policy and applicable laws and regulations. If you don't want your information sent or utilised, you are requested not to use the Platform.

Cancellation by Platform/User:

You as a user can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by using our Platform.In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any user or any transaction which defies the Terms & Conditions of using the platform, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and Users and would deny access to them or cancel any orders placed by them.

Payments By Buyers:

After making the Order on the Platform, Buyer may choose to pay for the Products ordered using any of the payment methods made accessible by Us on the Platform from time to time. However, it is important to note and is so stated that if the Buyer opts to make payments by any such method made accessible by Us or any third-party engaged by Us for this purpose, We or the third-party engaged by Us for the same shall only operate in a fiduciary role. Buyer understands that it is fully liable for any transactions and payments made to the Seller for the items procured by the Buyer. Buyer acknowledges and accepts that the Platform or Firm is just acting as a payment collector and bears no liability for the legality of any payment transaction between the Seller and the Buyer. We are under no obligation, responsibility, or liability to validate any transactions authenticated and/or approved by the Buyer or its payment instructions. The Buyer hereby consents and agrees to comply with any policies, terms and conditions, guidelines, instructions, requests, and so on that may be issued from time to time by Us or third-party banks or financial institutions, as the case may be, or a payment system provider in connection with making payments on the Platform. Buyer must comply with all the applicable regulations/ laws regarding cash transactions as specified under the applicable tax laws.

Fees And Charges:

We may charge the Buyer for providing the Services and unless else stated, all similar charges shall be exclusive of Goods and Service Tax. The charges outstanding for serving the Services will be communicated to the Buyer from time to time. Any levies, duties, or impositions workable on entry or any other charges levied by any intermediary/central/State/Local authorities wherever workable shall be redundant and Buyer will be liable to pay the same. The charges shall be subject to workable levies, as per conquering workable ordinances. For any additional services profited by the Buyer from Us, We'll charge additional charges for any similar extra services. 

Rewards and Incentives

The Firm may award you Cash Back for using the platform's services. Such bonuses or points will be applied to the User's Cash back balance as a gift of benefit in the form of credits.

A user's points can be redeemed or used to receive or adjust their next purchase bill. Furthermore, these Points will collect and be turned into a "Bonus" at the end of a set time period. A User may also get Bonus as a reward for engaging in any program offered on the Platform, as a monetary incentive, or for any other activity deemed suitable by the Firm. One Indian National Rupee (INR) is equivalent to one Cash Back point.

Products Delivery:

The Items you order using the services provided by the Platform shall be delivered by the Seller or  Delivery Partner(Independent Contractors)n engaged by Optimus Pharmaceuticals. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the Items from the Sellers and to deliver the Items to the Customer. The services are being undertaken by the Delivery partner(Independent Contractor) with Your consent and therefore the Firm is merely facilitating this, and will have no liability or responsibility in this regard.

You Agree and Confirm

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred to Optimuspharmaceuticals or for redelivery the same shall be claimed from you.

2. That you will use the services provided by the Platform, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform.

3. You will provide authentic and true information in all instances where such information is requested of you. Optimuspharmaceuticals reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and/or other affiliated websites without prior intimation whatsoever. 

4. That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through this Platform. 

5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. 


You may not use the Platform for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. 

3. Gaining unauthorised access to other computer systems. 

4. Interfering with any other person's use or enjoyment of the Site. 

5. Breaching any applicable laws. 

6. Interfering or disrupting networks or web sites connected to the Platform. 

7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Firm. 

Modification of Terms & Conditions of Service:

The Firm may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can always access the most recent version of these Terms & Conditions on the Platform. You should review the Platform's Terms and Conditions on a frequent basis. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the Platform. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform. 

Licence and proprietary rights:

All trademarks, copyright, database rights, and other intellectual property rights of any kind in the Platform, as well as the underlying software code, are held by the Platform or its licensors. The Platform now offers you a revocable worldwide, non-exclusive, royalty-free licence to use the Platform in accordance with these Terms and  Conditions.

Terms of Use:

 

You will not, and will not permit any third parties to, 

(i) make and distribute copies of the Platform; 

(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Platform; or 

(iii) create derivative works of the Platform of any kind.

 

The Platform is now accessible to you for Commercial use only. The Firm maintains the right, at any time and for any reason, to modify or remove the Platform, or to charge for use the Platform or its services supplied to you in line with these terms of use. You recognise that the conditions of your agreement with your respective mobile network provider ('Mobile Network Provider') will continue to apply when using the Application. As a result, the Mobile Service Provider may charge you for network connection services for the length of the connection while accessing the platform, as well as any third-party charges that may arise. You take responsibility for any resulting charges. 

If you are not the bill payer for the mobile phone or portable device used to access the Platform, you will be presumed to have obtained permission from the bill payer to use the Application.


Governing Law and Jurisdiction:

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Guwahati, Assam shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Optimuspharmaceuticals and his/her decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Guwahati. The High Court of judicature at Guwahati alone shall have the jurisdiction and the Laws of India shall apply. 

Notice and Takedown:

If You believe that any of the Content on the Platform is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred, or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invading another's privacy, including bodily privacy, insulting or harassing on the basis of gender, racially, please notify us at support@optimuspharmaceuticals.com. We will make changes as soon as you notify Us.

Limitation of Liability:

  • In no event will the Platform be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Platform, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

  • The Platform is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Platform.

  • Nothing in these Terms and Conditions shall exclude or limit Platform's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Indemnity:

  • You agree to indemnify, defend and hold harmless the Platform and its affiliates, respective employees, Partners, officers, managers and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to your use of the Platform, including without limitation any obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Platform harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Platform, any claim arising out of damage caused to third party by you, breach of these Terms by you, or your violation of any rights of another, including any intellectual property rights. Further, you agree to hold the Platform harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms.

  • Regardless of anything to the contrary, our entire liability towards You under these Terms or otherwise shall be limited in connection with refund of the amount  charged from you for any particular product or service, under which the improbable liability arises.

Governing Law:

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and Platform, and supersede and replace any prior agreements we might have between us regarding the Service and Application.

Disclaimer of Warranties:

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, the Platform hereby disclaims all implied warranties with regard to the Platform. The Platform and software are provided "as is" and "as available" without warranty of any kind.

Links to Other Websites:

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Platform.

The Platform has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Changes:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Termination:

The Firm may terminate your use of the Platform, and  Service at any time by providing you with notice of termination. We may cancel or suspend access at any time, without warning or responsibility, for any reason, including, without limitation, if you violate the Terms of Use.

All provisions of the Terms that, by their nature, should survive termination will do so, including, but not limited to, ownership provisions, warranty disclaimers, indemnification, and liability limits. We may cancel or suspend your account at any time, without warning or responsibility, for any reason, including, without limitation, if you violate the Terms and Conditions.

Upon Termination:

(a) the rights and licences granted to you herein shall terminate; 

(b) you must cease all use of the Platform.

If you wish to terminate your account, you may simply discontinue using the Platform and its Services.

All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Grievance Redressal:

If you have any concern or grievance with respect to the Platform and its Services, please email us at contact@optimuspharmaceuticals.com and we will study the matter and take such action as we deem appropriate under the circumstances.

 I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website / App) and agree to all of the provisions contained therein.

Contact Us-

If you have any questions about these Terms, please contact us at-

Email- contact@optimuspharmaceuticals.com

Phone- +916901276867