The domain name “www.mednile.in” (hereinafter referred to as ‘Website’) is owned by  ‘MEDNILE ‘ “Address”. # 1544,2ND Cross,Teachers Colony,Hbr Layout, Bangalore, Karnataka- 560084.

 For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall  relate to any natural or legal person who has agreed to become a seller on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean MedNile.

 Your use of the Website, services, and tools is governed by the following terms and conditions (ToU) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with MedNile, and these terms and conditions including the policies constitute your binding obligations to MedNile.

When you use any of the services provided by us through the Website including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by MedNile’s policies (including but not limited to Privacy Policy), as amended, from time to time.

Seller Eligibility

The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. MedNile reserves the right to terminate your registration and/or refuse your access to the website if it is brought MedNile notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

 Definitions

“Business Day” means a day (excluding Sundays and any other declared national/state holidays) on which banks are open in Bangalore, India for the transaction of normal banking business;

 “Consumer Protection Act” means the ‘’Consumer Protection Act’’  1986;

“Defect” shall be construed in accordance with the definition of ‘defect’ as per Section 2(f) of the Consumer Protection Act, 1986, as amended from time from time, and shall include Products which are not in accordance with the description supplied in its behalf; do not adhere to the standard set out under the Drugs Act or the Drugs Rules; and are expired, spurious, damaged, counterfeit, misbranded or adulterated.

 “Drugs Act” means the Drugs & Cosmetics Act, 1940;

 “Drugs and Magic Remedies Act” means the the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;

“Drugs Rules” means the Drugs & Cosmetics Rules, 1945;

 “Buyer” means the customer who has placed an order for the Products through the Website and is willing to purchase the Products from the Seller.

 “Buyer Price” shall mean the prices at which the Seller shall sell the Products to the Buyers inclusive of all applicable taxes, charges and fees.

“Force Majeure Event” shall have the meaning as set out in the ToU.

 “Indemnified Party” shall have the meaning as set out in the ToU.

 “Intellectual Property” includes ideas, concepts, creations, discoveries, domain names, inventions, improvements, know how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, electronic codes, proprietary techniques, research projects and other confidential and proprietary information, computer programming code, databases, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments.

 “Intellectual Property Rights” means and includes (i) all rights, title and interest under any statute or under common law including in any Intellectual Property or any similar rights, anywhere in the world, whether negotiable or not and whether register able or not, (ii) any licenses, permissions and grants in any of the foregoing; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; and (iv) all extensions and renewals thereto.

 “Law” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy having the force of law including under the Drugs Act, the Drugs Rules, Drugs and Magic Remedies Act, Consumer Protection Act, the Drug (Price Control) Order, 2013, the Pharmacy Act, 1948 applicable privacy laws, the Code of Pharmaceutical Ethics formulated by the Pharmacy Council of India, and shall include apart from any of the foregoing, any other injunction, permit, order, notification or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question, in any part of India.

 “Order Details” means and includes information regarding the particulars of the Products ordered by the Buyer, contact/ delivery information of the Buyer, dispatch and such other details that may have been provided by the Buyer, upon request of the Firm or otherwise.

 “Product Details” means the relevant Product details provided by the Seller to MedNile including the in stock status, shipment timelines and shipping and handling charges, image(s) of the Products, discounts, final selling price, an informative description of each Product (including but not limited to the brand, model, length, breadth and height of the Products) and its contents, by way of text descriptions, graphics (as applicable) or pictures or videos disclaimers/text/warning/notices/labels etc. or any other information deemed relevant by heal MedNile from time to time or required under applicable Laws or mandated by the Manufacturer/Seller of such Products to be displayed or provided alongside such Products.

“Website” means the domain names- www.Mednile.in  mobile application-including any variations thereof or any other sub-pages, domain name/ mobile application, intimated by Mednile to the Seller.

“Appendix A” This page mentions the various billing and courier preferences and a list of products/brands you are listing with us at respective commission rates.

 “Appendix B” lists all the charges and penalties that are applicable to different class of sellers, according to their performance metrics.

 Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.

 Communications

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Selling

As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Mednile reserves the right to delete such multiple listings of the same product listed by you in various categories.

You agree and understand that Mednile.in  website is a marketplace provided to the Seller on a non-exclusive basis and that Mednile  is free to register any other vendor, distributor or Seller without any prior consent, notice or intimation of the existing Sellers.

Compliance on selling of goods/services

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.

Seller Registration Policy

As an additional safety measure, sellers intending to register on the Website are required to provide verification documents.

Seller needs to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process.

 Important: If a seller intends to update/change his/her bank account details, he/she should intimate Mednile  of such a change at least five business days before the effective date after change in bank account. For processing payments after duly completing the registration process, you may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments. As part of the registration process, you are required to provide one valid document for proof of identity and one valid document for proof of address.

 Given below are the documents acceptable for the registration process:

For bank accounts belonging to sole proprietor

Proof of Identity (PoI)

• Passport

 • PAN card

• Voter’s identity card

• Driver’s license

 • GSTIN

 Proof of Address (PoA)

• Telephone/Mobile bill

• Bank account statement

• Electricity bill

• Ration card

• Cancelled Cheque

2. For bank accounts belonging to companies

 PoI

• PAN Card of the Company

• GSTIN (mandatory)

PoA

• Company telephone bill

• Company electricity bill

• Bank Account Statement

 • Cancelled Cheque

3. For bank accounts belonging to partnership firms

PoI

• GSTIN (mandatory)

• PAN Card of the partnership firm

 PoA

• Telephone bill in the name of firm/partners

• Electricity bill in the name of firm/partners

 • Bank Account Statement

• Cancelled Cheque

4. For bank accounts belonging to trusts & foundations

PoI

• GSTIN (mandatory)

 • PAN Card of the trust and foundations

 PoA

 • Telephone bill

• Electricity bill

• Bank Account Statement

• Cancelled cheque

 Payment Facility for Sellers

Seller agrees that the transaction price paid by a buyer which will be remitted to a seller’s bank account contingent upon the following events:

 1. Within 7 days after Buyer confirms the delivery of products and/or services in the transaction;

  2. Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

3. Buyer’s refund claim is rejected by Mednile  due to any breach of the ToU, policies, and any applicable law;

4. Remittances to a seller (after deduction of commissions at applicable rates) for successful transactions may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).

5. Remittances to a seller for COD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the seller’s bank account in accordance with transaction timelines prescribed in clause (e) of ToU.

Charges

Registration on the Website is free. Mednile does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated for reference into this ToU. Mednile reserves the right to change its fee policy from time to time. In particular, Mednile may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Mednile reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Mednile You shall be solely responsible for compliance with all applicable laws, for making payments to Mednile

Fee Policy

 The amount Mednile collects from buyers for a transaction is equal to the amount mentioned in the invoice. From that, Mednile deducts fee for providing a platform for the Seller to undertake the exhibition of the Products and offering the same for sale to the Buyer through the Website, and the provision of Services, Mednile shall be entitled to receive a commission mentioned in the Appendix ‘A’ (a percentage of the order value item) of the MRP/Selling price (if applicable)for the products sold to the buyer; as “Facilitation Fee” or any other fee as may be agreed between the parties from time to time.

 GST /Taxes: You are responsible for paying GST/Taxes and other applicable charges or government taxes collected in respect of commission invoices raised by Mednile. You agree to bear any and all applicable taxes, charges, cresses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction). For the purpose of calculation of Facilitation fee payable to the seller, the records maintained by Mednile shall be considered final.

 Note: There can be other charges also involved.

Return / Replacement / Refund Policy

 All products sold on Mednile should be brand new and 100% genuine. Mednile’s Return Policy covers the buyer against ‘damaged’, ‘defective’ and ‘not as described’ products. Buyers can raise a request for return, replacement/exchange or refund within the return guarantee period post order delivery as stated below:

 • Buyers will be able to return products within 30 days of delivery.

 • The Seller agrees to take back the products which returns due to order cancelled by buyer or other valid reasons during normal course of business. It is clarified that the seller shall not dispute any returns on account of the above under any circumstances.

• In case of Buyer returns due to seller mistake, Sellers shall be charged shipping fee & reverse shipping fee for the same. Commission will not be charged on any Buyer return.

Managing Buyer Returns

If the buyer’s return request is in line with Mednile ‘s return policy, then the return will be accepted as a refund/replacement to buyer. In such scenario, Mednile shall make reasonable efforts to deliver the returned product to you within 30 days from return approved date. However, if no attempt to deliver the returned shipment to the seller is made within 60 days from the return creation date, the shipment will be considered as ‘lost shipment(s)’ and the seller will be compensated for the same, subject to the seller raising the claim, which shall be on a request basis only. In such cases, Mednile will not have any liability to return the lost shipment(s) to the seller. If the buyer’s return request is in line

Return Pick-up

During the return pick-up from the Buyer, the product is checked for the following conditions, which need to be complied by the Buyer:

• Correct Product

 IMEI/name/brand/serial number/article number/bar code should match and MRP tag should be undetached and clearly visible.

• Complete Product

All in-the-box accessories and combos (if any) should be present

. • Unused Product

The product should be unused.

 • Not damaged Product

 The product should not be damaged and should be without any scratches, dents or holes.

• Not damaged Packaging

 Product’s original packaging/box should not be damaged.

 Invoice Adherence Policy

 Generating invoices is an essential part of order management. Failing to attach invoices with products ordered will hamper the process. Therefore, the accounts of sellers who have more than 5 pending invoices will be made pending.

It is mandatory for a seller to print two copies of an invoice:

 • The first one for the records of the said seller;

• The second one for the Logistics Partner and Buyer

 Following are the reasons why attaching invoices with the orders is essential:

• An invoice is necessary for warranty requirements/statutory requirements.

 • A buyer can save the invoice for future reference or requirements.

• To avoid seizing of shipment during transit.

Mednile will issue a warning to the seller on seller having 5 pending invoices. If the seller does not take the necessary corrective action, Mednile shall be entitled to make seller’s account pending for a period of one week.

 A seller’s account shall be reactivated on submission of an action plan by the seller which should comprise of the following details:

• Proof that the invoices have been dispatched to the buyers.

• An efficient process flow which will ensure that the invoices will be attached on the products dispatched by the seller.

 Drug License Policy

It shall be the sole responsibility of the Seller to ensure that the requirements of the Drugs Act, and the Drugs Rules and other applicable Laws relating to the display, sale or dispensation, manufacturing, are complied with at all times in respect of the products supplied by the Seller.

 Sellers are required to submit their Drug License details in order to comply with drug authorities and to ensure a hassle-free shipping process. Mednile has now made it mandatory for their sellers to submit Drug License details if their products come under such category.

Why Drug License details are now being made mandatory? • In order to comply with Drug Authority, it is necessary for Mednile to have the Drug License details of all sellers who sell products on Mednile and the same must be mentioned on the invoice generated to the buyer.

 Provisions of the policy:

 Drug License no. must be compulsory mentioned on the invoice generated to the buyer. The accounts of sellers who fail to submit the details within the stipulated time will be made pending.

• Drug License details have to be submitted by all sellers whose products lie under the particular category.

• The Drug License details have to be filled on the dashboard and a copy of Drug License needs to be uploaded.

 • Sellers who do not mention and upload their drug license will face stringent actions.

 • Seller will have the absolute responsibility against any legal action taken by drug authorities and Mednile will not be responsible for it.

Seller Penalties and Blacklisting Policy

 Our sellers are our business partners. They help us maintain the highest selling standards for any marketplace. For sellers to perform well on the platform, they must adhere to Mednile selling guidelines, not indulge in illegal practices and unethical business tactics. The Seller Penalties and Blacklisting Policy has been designed to maintain the said standards and ensure consistent quality at Mednile.

Breach of the terms of use, privacy policy or any other website policy could also lead to penalties and even blacklisting of seller account.

Selling Fake and Defective Products:

Sellers must ensure that all the listed items are genuine and free from defect. If the seller attempts to sell fake or defective products on the website he/she will be blacklisted. Mednile is against the sale of replicas, counterfeit products, products infringing trademark or copyright or patents, imitations of the original product or unauthorized materials. An attempt to sell any of these will lead to blacklisting. You must refrain from doing the following:

 • Using a trademark/ logo, whether on a product or in any other manner that you don’t own or have acquired the license in respect of or have authority to affix/ emboss on your private label product

• Using the name of a brand that you don’t own or have the authority to use in the title of your product or in the listing attribute “Brand” or as your Seller Display name

• Using the name of another brand as a search query for your private label product

Failure to adhere to the above can lead to severe penalties and blacklisting of your account. In the event of any legal disputes initiated via any authority/ Court or intimation of infringing actions on your part, we may have to disclose your particulars to the authority concerned for the purpose of legal compliance. Any use of illegal materials on our platform will be in violation of our Terms and Conditions and you will be liable for legal action. For the avoidance of doubt, it is clarified that the Seller shall be solely responsible for any loss or damage caused to Mednile  if any of the products supplied are found fake or defective and shall bear all costs arising as a result of any such Defect

 Seller Non-Selling/Cancellation Policy:

 It is not permitted for a seller to refuse payment acceptance or fail to deliver/cancel an item after an order is confirmed for the seller. If a violation of this policy is reported to us, we will consider the alleged offence and seller’s history before taking necessary actions. A violation of this policy may result in a formal warning to the seller and/or temporary/indefinite suspension of account of such seller.

 In such cases Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller.

 A penalty equivalent to the commission fee of the order value will be charged to any Seller who cancels a confirmed ordered product.

Late Dispatches Policy:

 The Seller must ensure that the orders must be marked ready for pickup/dispatched within 48hrs from the time of receipt of the confirmed orders from Mednile  for fulfillment of such order. These packets must be handed over to the courier partner in the next pickup schedule.

In case of late dispatch/inability to hand over the ready to pick up orders to the courier partner within the stipulated time, Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller.

Poor Performance:

A seller will be blacklisted if the seller has poor performance based on the following criteria:

• High returns

• High returns due to mis-shipment, missing items, damaged products or poor-quality products

 • Returns due to used/ expired products or products not covered by warranty

 • Poor seller ratings and negative reviews

 • Repeated violation of seller performance policy thresholds

• Copyright/ trademark/patents infringement

• Price/ Discount abuse

 • Abusive behavior

 • Using packaging materials of competitors

• Any attempts at fraudulent activity that will affect customers, other sellers or Mednile

 • Physical audit results

• Multiple customer escalation.

Disputes/Shipping Wrong Products:

 The Seller shall be responsible to ensure that the Products supplied to Customer should be the same as ordered. However, if it is found by  Mednile /buyer that the Products supplied by the Seller are not the same as ordered by buyer (product does not match as described on the website), then the Seller will take all reasonable steps to arrange for the replacement of such Products (or a portion thereof), as may be requested. In such cases a Seller can either ship the product from his side to the buyer or he will be liable for forward shipping charges for the same. If in case a Seller wants the product to be returned back to him, the Seller will be liable for reverse shipping fee for the same.

In such cases Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller MRP Breach:

The Seller shall inform Mednile of the list and quantity of Products (along with its relevant details/ additional details that may have been requested by Mednile), that the Seller wishes to offer for sale through the Website (“Product List”). The Seller shall also maintain inventory details and regularly update the Product List, MRP and Selling Price (If Applicable) of all products listed on the website at such intervals and in a manner deemed necessary or requested by Mednile.

In case a seller is found breaching the MRP Policy by quoting a higher price than that mentioned on the product’s MRP declaration label, Seller will reimburse the price difference to the buyer. Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller.

Missing Products/Irrelevant Material:

If a seller is found shipping empty boxes or boxes filled with irrelevant material instead of the actual product to the buyer, he/she will be liable for penalties and even be blacklisted.

The Seller shall be responsible to ensure that the Products supplied to Customer should match the quantity as ordered. However, if it is found by  Mednile /buyer that the Products supplied by the Seller does not match the quantity as ordered by buyer, then the Seller will take all reasonable steps to arrange for the replacement of such Products (or a portion thereof), as may be requested. In such cases a Seller can either ship the product from his side to the buyer or he will be liable for forward shipping charges for the same.

In such cases Mednile  shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller

Short Expiry/Expired Products

The Seller must make sure that the products supplied to the buyer must have a minimum shelf life of 24 months (expiry must not be less than 24months) or 50% of the maximum shelf life whichever is lower, in the event of the Products supplied by the Seller having short expiry/expired found by Mednile /buyer, the Seller will take all reasonable steps to arrange for replacement of the relevant Products (or a portion thereof), as may be requested by Mednile. In such cases a Seller can either ship the product from his side to the buyer or he will be liable for forward shipping charges for the same. If in case a Seller wants the product to be returned back to him, the Seller will be liable for reverse shipping fee for the same.

For the avoidance of doubt, it is clarified that the Seller shall be solely responsible for any loss or damage caused to Mednile if any of the products supplied are found expired and shall bear all costs arising as a result of any such Defect. In such cases Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller.

Threat & Abuse:

Mednile expects its sellers, as our business partners, to be courteous, professional and respectful while interacting with us via email or any other form of communication. Failing to do so, a seller will be given two initial warnings and will then be blacklisted. The following will be considered as threat & abuse:

• Threat of bodily harm via email/phone or chat

• Misuse of Mednile’s system

• Spoof (fake) email

• Spam

• Offers to buy or sell outside the website

Threats of physical harm via email, phone calls or public message boards will be dealt with seriously. Failure to take correct measures will lead to blacklisting of the seller.

Fake Reviews/Ratings:

If a seller is found or reported to be posting fake reviews or ratings on the website for their products or someone else’s, either to increase or diminish sales, his account will be blacklisted.

Fake Claims:

 If a seller is found making false claims in order to earn a benefit under the Seller Protection Fund, he/she will be blacklisted.

Fraud:

Willful intention to commit fraud against fellow sellers, buyers or Mednile platform will lead to blacklisting.

Prohibited Products:

 As a registered seller, you may list item(s) for sale on the website in accordance with the policies which are incorporated by way of reference in the ToU. You must be legally able to sell the item(s) you list for sale on the website, failing which, you will be blacklisted.

Packaging Issues:

 Repeated use of poor-quality packaging/ using Mednile’s competitor’s packaging will lead to blacklisting. The Seller must insure to use Mednile  designed packaging material (tapes, boxes, packets etc.) while dispatching the orders/packets to the courier partners.

The Seller shall be responsible to ensure that the Products supplied to the Customer are properly packed to avoid leakage and breakage. However, if it is found by Mednile /Buyer that the Products supplied by the Seller are having any leakage or breakage due to improper packaging, then the Seller will take all reasonable steps to arrange for the replacement of such Products (or a portion thereof), as may be requested. In such cases a Seller can either ship the product from his side to the buyer or he will be liable for forward shipping charges for the same. If in case a Seller wants the product to be returned back to him, the Seller will be liable for reverse shipping fee for the same.

Shipping Products of Incorrect Weight and Dimensions:

If the weight and dimensions of the actual package of the Product is found to be greater than the weight and dimensions of the Product mentioned in the Product listing, Mednile shall have the right to take necessary action against the Seller, impose penalties, including but not limited to blacklisting of the Seller.

Listing Cancellation & Account Suspension

Mednile  is continuously monitoring and tracking sellers’ order, history and related parameters to ensure enhanced customer experience on the Website. In furtherance of this, Mednile may, at its sole discretion, reserve the right to suspend seller’s account on receiving excessive orders that may not be completed based on sellers past behavior within the promised service level agreement.

This is to avoid seller cancellations and delivery breach events on the orders received. In the interim, seller should continue with processing pending orders within the committed service level limits. Once the pending orders are fulfilled by the seller, Mednile will reactivate seller’s account.

If your listing is cancelled or account is suspended, we’ll notify you by email, phone, or other modes of communication about the reasons for cancellation of listing or suspension of your account, as the case may be.

Reinstatement of your listing or account shall be dependent upon the nature of violation and solely at the discretion of Mednile.

Breach of Seller ToU/ Seller Policies:

Mednile, at its sole discretion and without any liability to the seller, reserves the right, including but not limited, to deactivate listings in case there has been an alleged breach of the terms of use, privacy policy or any other website policy by the seller or to facilitate better user experience on the Website.

Preferred seller:

In case of multiple sellers selling the same product, the preferred seller is one who is shown at the top of the sellers’ list. This is computed based on the following parameters:

 1. Defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller);

2. Time elapsed since last successful sale (it is applicable to only those sellers who have successfully completed 100 orders); and

3. Such other parameters as may be specified from time to time.

The final callon Preferred sellers is Mednile’s sole discretion

Seller Performance Policy

To uphold the buyer experience offered to Mednile buyers, we expect our sellers to be on par with Mednile’s customer service standards. The policy aims at evaluating seller’s performance with respect to metrics as defined in our ToU that affect customer experience and ensure sellers maintain a high level of performance standards and process adherence.

 Seller Performance Metrics:

Following are the performance metrics that sellers must comply with in order to meet the pre-set level of customer satisfaction and become our Gold seller.

 ❖ Seller Cancellations Rate: 0.25%

❖ Delivery Breach/Delay Rate: 0.5%

 ❖ Customer Issues: 0.25%

❖ Reattempts Rate: 3%

❖ Weight Anomaly Rate: 0.15%

❖ Products Stock Out Ratio: 5%

Audits

Mednile shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Mednile approved third party testing agencies. Cost of such audit shall solely be borne by Mednile unless audit reflects discrepancy in seller accounts / non-compliance with Mednile’s seller policies, in which case cost of audit shall be borne by the seller.

Intellectual property rights

 Mednile owns, and will continue to own all rights, title and interests in and to any inventions, know how, software, information, trade secrets, materials, property or proprietary interest. The proprietary rights and all Intellectual Property Rights, interests and claims in relation to the information as provided on the internet including the Website, data development materials and the delivery material and updates communication network, electronic commerce support services and other allied services, dedicated ports and Buyer database including the design and other Intellectual Property Rights connected thereto including but not limited to copyright, trademark, trade name, brand name, service marks, etc. shall vest with the Mednile in perpetuity, for all intent and purposes. The Seller shall not have any right or title to any Intellectual Property Rights attached to such Intellectual Property nor shall it assert any claim concerning the above, whatsoever.

Termination

 The Seller is bound by the terms and conditions of this Privacy Policy the day he starts selling on Mednile.in. The policy shall continue to be in force till the date a seller issues a written confirmation for the termination of the same.

Seller may, without assigning any reason, terminate this contract at any time by issuing a 30 (thirty) days prior notice of termination in writing to Mednile.

Indemnification

You shall indemnify and hold harmless Mednile, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Limitation of Liability

IN NO EVENT SHALL MEDNILE   BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF MEDNILE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms and Conditions are a brief compilation with some important clauses of our Seller Terms of Use which is mentioned on seller.MEDNILE.IN  Request you to read the same. By signing this Agreement, you agree to be bound by all the terms and conditions of the Mednile TOU.

FOR ________________________

By:

Firm Name:

Address:

Title: Authorized Signatory

                                                                           Appendix A

Seller Name:_____________________________________________

Seller Shipping Type:  ☐Hub Shipments   ☐Direct Shipments

Seller Commission Type:  ☐Commission on MRP   ☐Commission on Selling Price

Billing Type:   ☐Mednile Bill   ☐Seller Bill

BRANDS/PRODUCT NAME                                                              COMMISSION RATE

                                                         Appendix B

Applicable rates for charges and penalties

All Penalties will be calculated on the MRP/Selling Price of the products as applicable to the specific seller type.

Type of ChargeGold SellerSilver SellerBronze Seller
CancellationNil10%Commission Value
DelayNil5%10%
Shipping Wrong Product10%20%30%
MRP Breach5%10%15%
Missing Product10%20%30%
Short Expiry5%10%15%
Expired Products10%20%30%
Fake and Defective ProductsRs 5000 & account deactivationRs 5000 & account deactivationRs 5000 & account deactivation