These Terms and Conditions (the "Terms") constitute a legally binding electronic contract under the Information Technology Act, 2000 and rules thereunder between you (the "User," "you," or "your") and Pillcart Pharmacy Solutions Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at Inno8 CP2, 44, Backary Portion, 2nd Floor, Regal Building, Connaught Place, Central Delhi, New Delhi, Delhi – 110001, India ("Pillcart," "we," "us," or "our"). This electronic contract is generated by a computer system and does not require any physical or digital signatures. These Terms are published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
These Terms govern your access to and use of the Pillcart platform, including the website accessible at https://pillcart.in (the "Website"), any associated mobile applications, APIs, software, and related services (collectively, the "Platform").
By accessing, registering on, or using the Platform in any manner, including but not limited to browsing, placing Orders, or utilizing any features thereof, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (which is incorporated herein by reference and available at https://pillcart.in/privacy-policy), and any supplemental terms, guidelines, or policies referenced herein or provided on the Platform from time to time (collectively, the "Agreement"). If you are entering into this Agreement on behalf of a pharmacy, distributor, brand, or other legal entity, you represent and warrant that you have the full authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.
If you do not agree to these Terms or any part thereof, you must immediately cease all access to and use of the Platform. Pillcart reserves the right to refuse access to the Platform to any person or entity at its sole discretion.
We may modify these Terms from time to time to reflect changes in our Services, regulatory requirements, or other factors. We will notify you of material changes via email or Platform notice at least 30 days in advance. Your continued use after the effective date constitutes acceptance.
1. Description of the Platform
1.1 Pillcart operates as a compliant, geo-segmented business-to-business ("B2B") pharmaceutical marketplace that serves exclusively as a technology and facilitation layer. The Platform enables Brands and Authorized Distributors to list and sell regulated pharmaceutical Products directly to Licensed Retail Pharmacies, subject to applicable laws and geo-based distribution logic that restricts transactions based on geographical segments (e.g., state or regional boundaries to ensure compliance with local regulatory requirements).
1.2 The Platform provides features including, without limitation: (a) real-time Product catalog browsing with transparent pricing and availability; (b) Order placement and full tracking from initiation to delivery; (c) integrated payment gateway for secure transactions; (d) geo-based distribution logic to enforce territorial restrictions; (e) credit extension capabilities through third-party providers; (f) automated promotions and schemes; (g) substitute Product recommendations; (h) Shortbook for saving and reordering items; (i) multi-user account management; and (j) facilitated returns and refunds.
1.3 Pillcart does not manufacture, store, own, sell, distribute, or deliver Products; it acts solely as an intermediary facilitating interactions between Users. All transactions occur directly between Suppliers (Brands or Authorized Distributors) and Licensed Retail Pharmacies, and Pillcart assumes no responsibility for the quality, safety, efficacy, or legality of Products.
2. Definitions
For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below, unless the context otherwise requires:
2.1 "Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with such entity, where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise.
2.2 "Applicable Laws" means all statutes, rules, regulations, ordinances, codes, guidelines, and directives applicable to the Platform, Users, Products, or transactions thereon, including but not limited to the Drugs and Cosmetics Act, 1940 (and rules thereunder), the Narcotic Drugs and Psychotropic Substances Act, 1985, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, the Goods and Services Tax Act, 2017, and any state-specific pharmaceutical regulations.
2.3 "Authorized Distributor" means a User who is a duly licensed distributor, stockist, super stockist, C&F (Carrying & Forwarding) agent, or similar intermediary authorized under Applicable Laws and by one or more Brands to procure, store, list, promote, and supply Products on the Platform in designated territories, without owning the brand intellectual property.
2.4 "Brand" means a User who is the manufacturer, owner, or authorized marketing entity of pharmaceutical or wellness Products, holding the intellectual property rights (including trademarks, formulations, and branding) for such Products, and who lists and supplies Products directly on the Platform or through its Authorized Distributors.
2.5 "Content" means any text, graphics, images, software, audio, video, data, product descriptions, pricing information, or other materials uploaded, posted, displayed, transmitted, or otherwise made available on or through the Platform.
2.6 "Drug License" means a valid and subsisting license issued by the appropriate regulatory authority under Applicable Laws authorizing the dealing in pharmaceutical Products.
2.7 "Geo-Based Distribution Logic" means the Platform's automated system that restricts Product listings, Orders, and fulfillments based on geographical parameters to ensure compliance with territorial licensing and distribution restrictions under Applicable Laws.
2.8 "Licensed Retail Pharmacy" means a User who is a duly licensed retail pharmacy authorized under Applicable Laws to procure Products via the Platform.
2.9 "Order" means a binding purchase request for Products placed by a Licensed Retail Pharmacy via the Platform and accepted by a Brand or Authorized Distributor.
2.10 "Products" means regulated pharmaceutical items, including but not limited to medicines, generics, over-the-counter products, life-saving drugs, and wellness goods, listed on the Platform in compliance with Applicable Laws.
2.11 "Services" means the facilitation services provided by Pillcart via the Platform, as described in Section 1.2.
2.12 "Supplier" means, collectively, a Brand or an Authorized Distributor that lists Products for sale on the Platform.
2.13 "User" means any Licensed Retail Pharmacy, Brand, or Authorized Distributor that registers on or uses the Platform.
3. Eligibility and Registration
3.1 To access or use the Platform, you must: (a) be a Licensed Retail Pharmacy, Brand, or Authorized Distributor holding a valid Drug License; (b) be in full compliance with all Applicable Laws; (c) not be located in a jurisdiction where access to or use of the Platform is prohibited; and (d) if an individual, be at least eighteen (18) years of age or the age of majority in your jurisdiction.
3.2 Registration requires the submission of accurate, complete, and current information, including but not limited to business name, address, contact details, GSTIN/PAN, Drug License details, proof of authorization (for Authorized Distributors, such as distribution agreements from Brands), and proof of brand ownership/IP rights (for Brands). You must upload verifiable documentation during onboarding. A one-time password (OTP) will be sent to your registered mobile number for verification; you must enter the OTP to activate your account. Pillcart may, at its sole discretion, verify such information through third-party services or require additional documentation. You represent and warrant that all information provided is true, accurate, and not misleading, and you agree to keep it up-to-date at all times.
3.3 Pillcart reserves the right to reject, suspend, or terminate any registration or access if it determines, in its sole discretion, that the information is inaccurate, incomplete, or violates these Terms or Applicable Laws.
3.4 You are solely responsible for maintaining the security and confidentiality of your account credentials (including passwords and multi-user access controls). You shall promptly notify Pillcart of any unauthorized access or suspected breach. Pillcart shall not be liable for any loss or damage arising from your failure to comply with this obligation.
3.5 By registering, you expressly consent to Pillcart and its representatives communicating with you via SMS, calls (including robo/IVR calls), emails, or other methods at the contact details provided, for purposes including verification, notifications, and support. You also consent to the recording of calls for training, monitoring, and quality purposes, subject to Applicable Laws. Such records shall be conclusive evidence of the content and fact of the calls.
4. User Obligations and Representations
4.1 You agree to use the Platform solely for lawful B2B purposes in accordance with these Terms and Applicable Laws. As a Brand, you represent and warrant that: (a) all Products listed are genuine, compliant with Applicable Laws (including labeling, packaging, and expiry requirements), and sourced from authorized channels; (b) you own or are licensed for all intellectual property in the Products; (c) you will fulfill Orders promptly and in compliance with Geo-Based Distribution Logic.
4.2 As an Authorized Distributor, you represent and warrant that: (a) you hold valid authorizations from Brands (e.g., distribution agreements); (b) you will list and supply Products only within licensed territories; (c) you will not list unauthorized or counterfeit Products.
4.3 As a Licensed Retail Pharmacy, you represent and warrant that: (a) you will procure Products solely for resale in compliance with Applicable Laws; (b) you will not engage in retail sales to consumers via the Platform; (c) you will adhere to Geo-Based Distribution Logic in placing Orders.
4.4 All Users shall: (a) maintain valid and subsisting licenses and promptly notify Pillcart of any revocation, suspension, or material change; (b) provide accurate Order and fulfillment information; (c) comply with anti-corruption laws, including the Prevention of Corruption Act, 1988; (d) not engage in any conduct that could harm Pillcart's reputation or the Platform; (e) not reverse engineer, decompile, or otherwise attempt to derive the source code of the Platform; (f) not upload Content that is infringing, defamatory, obscene, or violates third-party rights; and (g) indemnify Pillcart as set forth in Section 11.
4.5 Prohibited activities include: (a) using the Platform for illegal purposes or violating local/national laws; (b) infringing third-party rights, including IP; (c) interfering with security features or reverse engineering; (d) uploading viruses, malware, or harmful code; (e) sending unsolicited offers or advertisements; (f) collecting personal information without consent; (g) impersonating others or falsifying information; (h) selling or transferring access rights; or (i) any fraudulent activity.
4.6 You acknowledge that the Platform's Geo-Based Distribution Logic may restrict access to certain Products or features based on your location, and you agree to abide by such restrictions.
4.7 From time to time, Pillcart may recommend third-party offerings (e.g., logistics partners or financial services). Such recommendations are not endorsements, and Pillcart assumes no liability for them. You must conduct your own due diligence, and Pillcart may receive facilitation fees without objection from you.
5. Orders, Fulfillment, Payments, and Returns
5.1 Orders are placed by Licensed Retail Pharmacies and accepted directly by Suppliers (Brands or Authorized Distributors) via the Platform. Pillcart facilitates the process but is not a party to any Order or transaction. Acceptance of an Order creates a binding contract between the Supplier and Licensed Retail Pharmacy.
5.2 All Orders are subject to Geo-Based Distribution Logic, real-time availability, and Applicable Laws. Pillcart does not guarantee Product availability, pricing accuracy, or fulfillment timelines, as these are dependent on third-party data and actions.
5.3 Payments shall be processed through integrated third-party payment gateways in compliance with Applicable Laws. You authorize Pillcart to facilitate payments, deduct applicable fees (including commissions, service charges, and GST), and handle settlements. Credit extensions, if available, are provided by third-party lenders, and you agree to their terms, bearing all associated risks (including defaults and interest).
5.4 Suppliers shall fulfill Orders with full tracking visibility provided via the Platform. Deliveries shall be handled by third-party logistics providers, and Pillcart disclaims all liability for delays, damages, or losses in transit.
5.5 Returns and refunds are governed by the Supplier's policies, subject to Applicable Laws. Pillcart facilitates one-click returns for damaged, incorrect, or defective Products, provided evidence is submitted within seven (7) days of delivery. Refunds, if approved, shall be processed to the original payment method, net of fees.
5.6 In the event of disputes arising from Orders (e.g., non-delivery or quality issues), Users shall resolve them directly, with Pillcart providing facilitation support at its discretion. Pillcart reserves the right to intervene or withhold payments in cases of suspected fraud or non-compliance.
6. Fees and Billing
6.1 Pillcart may charge fees for Services, including transaction commissions, credit facilitation, or premium features. Details (e.g., amounts, discounts) will be outlined during use or in your account.
6.2 Billing cycles depend on the feature (e.g., per transaction or periodic). Fees, plus taxes and charges, will be charged to your payment method (e.g., UPI, debit/credit card, net banking) on the specified date.
6.3 Refunds are non-refundable except for technical issues preventing Platform access within the initial 7 days of payment. Requests must be submitted to support; eligible refunds will be processed within 14 days. No refunds for user dissatisfaction, failure to cancel, or changes in business needs.
6.4 You may cancel features at any time via account settings or support. Access continues until the billing cycle ends; no pro-rata refunds.
6.5 Pillcart may modify fees with 30 days' notice.
7. Intellectual Property Rights
7.1 All intellectual property rights in the Platform, including but not limited to copyrights, trademarks, patents, trade secrets, and software (collectively, "Pillcart IP"), are owned by or licensed to Pillcart. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended B2B purposes during the term of this Agreement.
7.2 You retain ownership of any Content you upload (e.g., Product listings or pharmacy profiles), but you grant Pillcart a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and display such Content for Platform operations, including marketing and analytics.
7.3 You represent and warrant that your Content does not infringe any third-party intellectual property rights. Pillcart may remove or disable access to any Content that, in its sole opinion, violates these Terms.
8. Confidentiality
8.1 During your use of the Platform, you may have access to confidential information of Pillcart or other Users, including trade secrets, business strategies, pricing data, and proprietary algorithms (e.g., Geo-Based Distribution Logic) ("Confidential Information").
8.2 You agree to: (a) maintain the confidentiality of such information using at least the same degree of care as you use for your own confidential information, but no less than reasonable care; (b) not disclose it to third parties without prior written consent; and (c) use it solely for purposes related to the Platform. This obligation survives termination of this Agreement for a period of five (5) years.
9. Data Protection and Privacy
9.1 Your use of the Platform is subject to our Privacy Policy, which details the collection, use, sharing, and protection of personal and business data, including Drug License information and transaction data. By using the Platform, you consent to such processing in accordance with Applicable Laws, including the Digital Personal Data Protection Act, 2023.
9.2 Pillcart may share User data with third parties (e.g., payment gateways, logistics providers, or regulatory authorities) as necessary for Services, but only on a need-to-know basis and with appropriate safeguards.
10. Disclaimers and Warranties
10.1 THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED USE.
10.2 Pillcart does not warrant: (a) the accuracy, completeness, or reliability of Content, including Product information or geo-based restrictions; (b) that the Platform will be secure, error-free, or free from viruses; (c) the suitability, safety, or efficacy of Products; or (d) compliance of Users with Applicable Laws. All risks associated with Products and transactions rest solely with the Users.
10.3 No advice or information obtained from Pillcart or the Platform shall create any warranty not expressly stated herein.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PILL CART, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, SERVICES, PRODUCTS, OR ANY TRANSACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Pillcart's aggregate liability under this Agreement shall not exceed INR 1,000 (Indian Rupees One Thousand Only).
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless Pillcart, its Affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to: (a) your breach of these Terms or Applicable Laws; (b) your use or misuse of the Platform; (c) your Content or Products; (d) any transaction or dispute between Users; (e) infringement of third-party rights; or (f) gross negligence or willful misconduct on your part.
13. Termination and Suspension
13.1 Pillcart may, at its sole discretion and without prior notice, suspend or terminate your access to the Platform or this Agreement if: (a) you breach any provision hereof; (b) you fail to maintain valid licenses; (c) required by Applicable Laws or regulatory authorities; or (d) for any other reason deemed necessary to protect Pillcart's interests.
13.2 You may request deactivation via account settings or support; it will be processed within 7 days unless you re-login, canceling the request.
13.3 Upon termination: (a) all licenses granted to you shall immediately cease; (b) you must destroy or delete all Pillcart IP and Confidential Information in your possession; and (c) any outstanding obligations (e.g., payments) shall remain due and payable.
13.4 Termination shall not affect accrued rights, indemnities, or provisions intended to survive, including Sections 6 (Intellectual Property), 7 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 14 (Dispute Resolution), and 15 (Governing Law).
14. Dispute Resolution
14.1 Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, validity, breach, termination, or enforceability, shall be resolved exclusively through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator appointed by Pillcart, in English, with the seat and venue at Mumbai, India. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.
14.2 Notwithstanding the foregoing, Pillcart may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property rights, Confidential Information, or to enforce specific performance.
14.3 Each party waives any right to a jury trial or class action proceedings.
15. Governing Law and Jurisdiction
15.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles.
15.2 Subject to Section 14, the courts at Mumbai, India, shall have exclusive jurisdiction over any disputes not subject to arbitration.
16. Grievance Redressal (New Section)
16.1 For complaints related to the Platform, intellectual property, privacy, or other issues, contact our Grievance Redressal Officer at Girish Tripathi and Contact Details, e.g., Name: Girish Tripathi, Email: care@pillcart.in, Address: +91 9804475786].
16.2 Provide your name, email, address, contact number, and complaint details for verification. Pillcart will respond and take appropriate action as soon as reasonably possible, in compliance with Applicable Laws.
17. Miscellaneous Provisions
17.1 Amendments: Pillcart reserves the right to modify these Terms at any time by posting the revised version on the Platform or notifying you via email. Your continued use of the Platform after such changes constitutes acceptance of the amendments. If you do not agree, you must cease using the Platform.
17.2 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
17.3 Force Majeure: Neither party shall be liable for any delay or failure to perform obligations (except payment obligations) due to events beyond its reasonable control, including acts of God, war, terrorism, pandemics, strikes, regulatory changes, or supply chain disruptions.
17.4 Assignment: You may not assign, transfer, or delegate any rights or obligations under this Agreement without Pillcart's prior written consent. Pillcart may assign this Agreement without your consent to an Affiliate or in connection with a merger, acquisition, or sale of assets.
17.5 Waiver: No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. Waivers must be in writing and signed by the waiving party. Pillcart's failure to enforce any provision shall not constitute a waiver.
17.6 Notices: All notices shall be in writing and delivered via email (to the address provided during registration), registered post, courier, or in-person to Pillcart at Inno8 CP2, 44, Backary Portion, 2nd Floor, Regal Building, Connaught Place, Central Delhi, New Delhi, Delhi – 110001, India. Notices to you may also be posted on the Platform or sent via SMS/calls to registered contacts. Notices are deemed received upon transmission or posting.
17.7 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written.
17.8 Relationship of Parties: Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties. Pillcart acts solely as an independent contractor.
17.9 Electronic Execution: This Agreement may be executed electronically, and electronic signatures shall be deemed original signatures.
17.10 Headings: Headings are for reference only and do not define, limit, or affect the scope of any section.
17.11 Survival: Provisions that by their nature should survive termination shall do so.