Terms & Conditions

These terms and conditions (“Terms and Conditions”) is a legal agreement between you - the user (“You(r)” or “User”) and City Medicine an initiative / service by MTS Connections Limited (hereinafter “City Medicine”), a company incorporated under the Companies Act, 1994 (“City Medicine”, “We/us”) and governs your use of citymedicine.com.bd website and the mobile application(s), owned and provided by City Medicine (hereinafter “City Medicine Platform”) and all products and services provided by City Medicine through City Medicine Platform.

THESE TERMS AND CONDITIONS, READ WITH THE PRIVACY POLICY , TERMS AND CONDITIONS, ARE AN ELECTRONIC RECORD UNDER THE ICT ACT, 2006, AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS UNDER VARIOUS BANGLADESHI’S STATUTES AND IS ENFORCEABLE AGAINST YOU UNDER LAW BY WAY OF YOUR ACCEPTANCE HEREOF. CITY MEDICINE MAY MODIFY THESE TERMS AND CONDITIONS AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN AT ITS SOLE DISCRETION FOR COMPLYING WITH THE EXTANT LEGAL AND REGULATORY FRAMEWORK AND FOR OTHER LEGITIMATE BUSINESS PURPOSES, AT ANY TIME, AND CITY MEDICINE WILL POST THE AMENDED TERMS OF USE WITH OR WITHOUT ANY NOTIFICATION TO YOU ON THE CITY MEDICINE PLATFORM. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS AND CONDITIONS FOR ANY CHANGES AND YOU ARE ENCOURAGED TO CHECK THE TERMS AND CONDITIONS FREQUENTLY. YOUR USE OF THE CITY MEDICINE PLATFORM FOLLOWING ANY AMENDMENT OF THE TERMS AND CONDITIONS WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ANY REVISED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE CITY MEDICINE PLATFORM.

These Terms and Conditions consists of Part A and Part B. Part A contains General Terms applicable to your use of City Medicine Platform and the Services provided by City Medicine an initiative of MTS Connections limited through the City Medicine Platform. Part B contains Service Specific Terms which are applicable to each specific Service in addition to the General Terms.

Please note that all charges, discounts, benefits and other monies associated with provision of Services (as defined below) through the City Medicine Platform and particularly in relation to, including without limitation, delivery and packaging, charges, additional delivery charges for availing Express Delivery Services (as defined below), cancellation charges, Minimum Order Value (as defined below), referral reward discounts, e-cash benefits, etc., shall be provided on the City Medicine Platform for Your reference and may be revised by us from time to time. Such information, as revised from time to time, shall be applicable and binding as on the date of confirmation of your order placed through the City Medicine Platform. You are advised to check such information on charges, discounts, benefits and other monies on a regular basis and prior to placement of any order(s), and City Medicine shall not be held responsible or consequently liable in any manner whatsoever, in case You fail or neglect to do so.




PART A: GENERAL TERMS

Services: You may use the City Medicine Platform to avail the services offered by the City Medicine (“Services”), which may include without limitation: i. Prescription Orders or Order your Medicine. You may purchase prescription medicines or wellness medicine order, over the counter medicines and other health products (“Products”) through the City Medicine Platform; ii. E-Consultation. You may use the City Medicine Platform to avail online medical consultancy services from various medical practitioners made available by City Medicine; and iii. Diagnostic Services. You may place request for Diagnostic Services on the City Medicine Platform. These Diagnostic Services are provided either by City Medicine through diagnostics labs operation onboard by City Medicine or third-party diagnostic labs engaged by City Medicine for the purpose of Diagnostic Services. Your use of any of the Services specified above shall be subject to such Service specific terms as further prescribed under these Terms and Conditions. You acknowledge and agree that City Medicine retains the right to constantly update and improve its Services, including adding or removing functions, features, requirements, suspension or stopping a Service all together.

Professional Standards: City Medicine services are rendered either from its registered / on boarded licensed premises of its associates pharmacy / network pharmacies which are undertaken under strict supervision of the qualified and registered pharmacy point / pharmacists. All are bound by codes of professional ethics and conduct.

Privacy: Your privacy and that of any other person whose information you provide to us is important to us. Please see our privacy policy available at our website (“Privacy Policy”) for details of what information we collect and how we will use and protect it.

Eligibility to use: You must be 18 years of age or older to visit or use the City Medicine Platform in any manner. By visiting the City Medicine Platform or accepting these Terms and Conditions, You represent and warrant to City Medicine that You are 18 years of age or older, and that You have the right, authority and capacity to use the City Medicine Platform and agree to and abide by these Terms and Conditions. You also represent and warrant to City Medicine that You will use the City Medicine Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms and Conditions.

Registration: You need not register on the Platform to visit and view the content. However, You will be required to register on the City Medicine Platform by creating a password-protected account (“Account”) in order to use the Services. We are not under any obligation to accept a request for registration and reserve the right to refuse your registration. By registering to use the City Medicine Platform and creating and Account you confirm that the information you provide during the registration process is accurate and complete. You agree to update your Account details promptly if there are any changes. All registration information you provide will be kept secure and processed in accordance with our Privacy Policy. During the registration process, you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your Account Information, including your username and password confidential and for ensuring that they are not used by any other person.

Offers, promotions, software and downloads: City Medicine and other third parties with whom we have a business relationship may occasionally promote their goods or services on the City Medicine Platform or through other direct marketing initiatives or may make products, services software and other materials available for you to purchase or download (“Third Party Promotions”). Whilst we try to encourage third parties to offer good quality products, services and materials at competitive prices we have no control over them or other third parties, we do not endorse such Third Party Promotions, or give you any assurance that such Third Party Promotions will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with such Third-Party Promotions. Further, all promotions made by City Medicine are for limited period and subject to special terms and conditions as may be specified, which are in addition to these Terms and Conditions.

Ownership of materials and licence terms: The City Medicine Platform, including all materials and software on it, or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to City Medicine by MTS Connections Limited and/or third parties. You are permitted to display the materials on this mobile application on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use and for obtaining Services from us, provided you do not alter or remove any of the content or any part of the City Medicine Platform without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices. You agree not to: • copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the City Medicine Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion); • use the City Medicine Platform or any of the materials or software on it, or provided to you through it, for: • any unlawful purpose or in contravention of applicable law; • commercial exploitation without our prior written consent; and • any purpose or in any manner that may give a false or misleading impression of us, our staff or our services. • use, upload or transmit: • any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person; • any device, software, file or mechanism which may interfere with the proper operation of this website/ apps or our systems; • establish a link to the City Medicine Platform from any other website, intranet or extranet site without our prior written consent • decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through the City Medicine Platform; • do anything that may interfere with or disrupt City Medicine Platform; • encourage or permit others to do any of the above You further agree that you will not publicly criticize, disparage, call into disrepute, or otherwise defame or slander the City Medicine Platform or City Medicine and any of its officers, directors, members or employees. In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions. In the event City Medicine has reasons to believe that you have indulged in any of the activities specified above, we reserve the right to immediately suspend or terminate your Account and restrict your access to the City Medicine Platform at our discretion.

Links from this website/mobile application: We may, from time to time, provide links from City Medicine Platform to other websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

Surveys, Contests & Referrals: From time-to-time the City Medicine Platform requests information from its Users via surveys or contests. Participation in these surveys, contests or referrals programs is completely voluntary and you have a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site. The terms and conditions for each survey and contest may differ or otherwise amended and cancelled at the sole discretion of City Medicine.

Monitoring: We may monitor activity and content on the City Medicine Platform and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

Security: We employ security technology as detailed in our Privacy Policy. However, Internet transmissions are never completely private or secure and there is a risk. Therefore, any message or information you send to us from the City Medicine Platform may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

Accuracy of Information: We take care to ensure that all information available on the City Medicine Platform about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on the City Medicine Platform, in any form including any newsletters in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your doctor directly.

Disclaimer: YOU AGREE THAT YOUR USE OF THE CITY MEDICINE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY MEDICINE AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH THE CITY MEDICINE PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE CITY MEDICINE PLATFORM, ANY DATA, MATERIALS, CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE CITY MEDICINE PLATFORM. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY MEDICINE PLATFORM, THE SERVICES OFFERED ON OR THROUGH CITY MEDICINE PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON CITY MEDICINE PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS’ BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CITY MEDICINE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CITY MEDICINE PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CITY MEDICINE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CITY MEDICINE PLATFORM. CITY MEDICINE DOES NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CITY MEDICINE PLATFORM OR FEATURED IN ANY ADVERTISEMENT. NOTHING CONTAINED ON THE CITY MEDICINE PLATFORM SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED ON THE CITY MEDICINE PLATFORM OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.

Liability: A. IN NO EVENT SHALL CITY MEDICINE AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE (I) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US; (II) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; (III) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS; (IV) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE CITY MEDICINE PLATFORM; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY. B. THE MAXIMUM AGGREGATE LIABIITY OF CITY MEDICINE ARISING OUT OF OR IN CONNECTION WITH THE CITY MEDICINE PLATFORM AND/OR THE SERVICES SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE USER.

Indemnity and Release: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY MEDICINE AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF AND ACCESS TO THE CITY MEDICINE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR BREACH OF YOUR EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

Force Majeure: CITY MEDICINE shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. CITY MEDICINE may at its sole discretion withdraw the services or Products if a Force Majeure event occurs.

Third party rights: Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms and Conditions and such third party has no rights to enforce them.

Waiver: No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

Governing law and dispute resolution: These Terms and Conditions shall be governed in all respects by the laws of Bangladesh and any legal proceeding arising out of these Terms and Conditions shall be subject to exclusive jurisdiction of the courts located in Dhaka, Bangladesh.




PART B: SERVICE SPECIFIC TERMS

I. PRESCRIPTION ORDER

Eligibility: We accept orders from and dispatch orders to addresses in selected locations in Bangladesh as mentioned on the City Medicine Platform. We only accept orders from customers who are above 18 (eighteen) years old although they may place orders for persons who are under 18 (eighteen) years of age. In case of a Prescription Order, if the prescription is of a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription, you confirm that you have their authority to do so.

Products: You may purchase various Products made available by us on the City Medicine Platform. However, certain Products may be purchased only upon submission of valid prescription on the City Medicine Platform (“Prescription Orders”). Further, The Products available on the City Medicine Platform may include Products manufactured by third parties and made available for purchase on the City Medicine Platform and the Products sold by City Medicine registered pharmacy point. All Products available on the City Medicine Platform are subject to availability of stock and City Medicine may cancel any order if the Product becomes unavailable after an order placed.

All names or images of the Products displayed on City Medicine Platform are for graphic and illustrative purposes, the actual Products delivered may vary from the images displayed on the Platform.

Order Confirmation: No order placed by you will be binding on us until we have confirmed the order to you by submit the order selecting the payment method and confirmation / email or in writing. We reserve the right to reject any order. In the event any Product ordered by you is not available, we will try and contact you on the contact information provided by you in your Account.