INTRODUCTION 

A. General Description of Document. These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites,  mobile applications) owned and controlled by Medily and its wholly owned subsidiaries, (collectively, “Medily,” “we,” “us,” and “our”), including the www.medily.in website and the Medily mobile application (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. Medily (“Medily,” “we,” “us,” and “our”) contracts with various vendors like Medical Stores, Delivery companies, payment gateways, pharma distributors and manufacturers, Doctors, Dietitians, Nutritionists, Diagnostic labs and its local affiliates regarding online healthcare management services, telehealth medical consultations, delivery of healthcare products and secure messaging between Medily’s partner physicians and other healthcare professionals (individually the “Provider” and collectively the “Providers”) and their patients.

We also facilitate access to prescription fulfilment services offered by Medily’s owned and other pharmacies (the “Pharmacies”).  The professional medical services (which are provided by Medily) and the non-clinical Site services (which are provided by Medily) are collectively referred to in this Terms of Use as the “Telemedicine Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Medily Account.  

B. Conditional Use. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “Go,” “accept,” “continue,” or “purchase,” you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, our Privacy Policy //medily.in/privacy-policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

C. Accuracy of Information; Functionality.  Although Medily attempts to ensure the integrity and accurateness of the Site and Service descriptions, other than as specifically represented in these Terms of Use, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Medily so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Medily shall have no responsibility or liability for information or content posted to the Site from any non-Medily affiliated third party.

D. For Personal Use Only. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

E. Affiliations. Medily is not sponsored by or affiliated with any of the pharmacies identified on our Site, with the exception of Medily’s branded products. The pharmacy trademarks and logos on the Site are the property of their respective owners. Medily is not offering advice, recommending, or endorsing any specific prescription drug, pharmacy, or other information. Please seek medical advice before starting, changing, any medication or prescription. Medily may at times receive special discounts or offers from its pharmaceutical manufacturer partners for providing marketing and adherence services.

PRIVACY PRACTICES; MEDILY AS YOUR AGENT

A. Privacy Policy. You agree that information provided by you in connection with the Services and Site shall be governed by the Medily Privacy Policy //medily.in/privacy-policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Telemedicine Services shall also be governed by the Medily’s Privacy Policy, and is hereby incorporated and made a part of this Agreement. 

B. Medily as Your Agent. Medily provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare-related interactions with physicians, pharmacies, healthcare coverage providers and pharmacy benefit managers (“PBMs”) (collectively, “Healthcare Entities”). In order to provide you with these services, Medily needs you to authorize Medily to take certain actions on your behalf. BY ACCEPTING THESE TERMS OF USE, YOU APPOINT MEDILY AS YOUR AGENT WITH RESPECT TO (I) OBTAINING YOUR MEDICAL INFORMATION, (II) FINDING LOWER PRICES FOR YOUR HEALTHCARE, (III) FINDING ARRANGEMENTS THAT MAY REDUCE THE COST TO YOU OF YOUR HEALTHCARE, (IV) SCHEDULING APPOINTMENTS WITH HEALTHCARE ENTITIES, (V) CONTACTING HEALTHCARE ENTITIES, INCLUDING PHYSICIANS OR PHARMACIES, ON YOUR BEHALF TO REQUEST INFORMATION NECESSARY TO PROVIDE MEDILY’S SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR MEDICAL AND HEALTHCARE PAYMENT OR COVERAGE INFORMATION, YOUR MEDICATION HISTORY, AND YOUR BILLING INFORMATION AND HISTORY, OR (VI) CREATING OTHER SEAMLESS, TAILORED HEALTHCARE EXPERIENCES. Examples of communications that Medily may make on your behalf as your agent include contacting your pharmacy to (i) request fulfilment of your prescription to a any pharmacy, (ii) initiate a prescription refill or auto-refill (iii) request that the pharmacy seek a prescription renewal authorization from your physician. Medily may also contact your physician so that the physician may contact you regarding a refill for adherence.

C. Limited Authorization. Medily will be authorized to act as your agent solely for the purpose of providing the Services outlined in these Terms of Use. Your appointment of Medily as your agent will end if this Agreement is terminated as expressly permitted herein.

SERVICES, ORDERING, AND PAYMENTS

A. Not For Emergencies. THIS SITE MAY NOT BE USED IN ANY EMERGENCY SITUATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD contact your Physician or nearest hospital IMMEDIATELY. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call National Emergency number 112 or call 102 for ambulance immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition before stopping, starting, or modifying any treatment or modification.

B. Eligibility; Site Access; Security And Restrictions; Passwords.  In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Medily Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Medily ID and credentials. The Medily ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Medily ID and/or credentials, and for all activities that occur under such Medily ID and/or credentials. You agree to prohibit anyone else from using your Medily ID and/or credentials and agree to immediately notify Medily of any actual or suspected unauthorized use of your Medily ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Medily at any time with or without cause.

C. Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.  

D. Limited Use. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Medily will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

E. No Users Under Age 18. In order to access the Site and the Services, you represent and warrant that you are older than eighteen (18) years old. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at info@Medily.in or WhatsApp 7710088100

F. NOT AN INSURANCE PRODUCT.  NEITHER MEDILY NOR MEDILY PARTNERS ARE INSURERS. THE SERVICES ARE NOT INSURANCE PRODUCTS, AND THE AMOUNTS YOU PAY TO MEDILY ARE NOT INSURANCE PREMIUMS OR INSURANCE COST-SHARES. IF YOU DESIRE ANY TYPE OF HEALTH OR OTHER INSURANCE, YOU WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY. MEDILY IS A HEATHCARE SERVICE PROVIDER  THAT CONTRACTS WITH PHARMACIES AND OTHERS TO PROVIDE PATIENTS WITH ACCESS TO AFFORDABLE MEDICATIONS. AS DESCRIBED IN THESE TERMS OF USE, YOUR MEDILY SUBSCRIPTION ENTITLES YOU TO ACCESS TO AFFORDABLE MEDICATIONS AND A VARIETY OF HEALTHCARE-RELATED SERVICES. MEDILY IS NOT AN INSURANCE PLAN, AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE.

G. Ordering And Purchasing Of Services Or Products. Your placement of an order does not necessarily ensure that we will accept your order. We can refuse to accept any order without giving any explanation to you or any one related to you or your prescription. We may require additional information regarding your order if you have not provided all the information required by us to completed. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.

H. Pricing. Medily may refuse to honour the price reflected at the time you purchased your medication; however, should  form, dosage, or quantity be adjusted between purchase and pick-up, YOU WILL BE CHARGED OR CREDITED THE PRICE DIFFERENCE. Medily reserves the right to cancel a transaction and refund you if the underlying cost of the prescription drug or device changes  after you have ordered your medication. Medily reserves the right to change its prescription drug prices in real time based on supply and demand trends and other factors. Any savings claims made by Medily are based on MRP. Our Price Match Guarantee applies only to generic drugs. Additional conditions apply.

I. Payment Pre-authorization. For new purchases, we pre-authorize payment for the dosage and quantity that you have selected -- it’s fully refundable. Your final price is based on the medication you are billed at the pharmacy or what you receive through our home delivery service. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference. 

J. Order Processing. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. Delivery may be subject to delays. Free shipping is available for most orders through delivery partners. If an order is placed, or if a delivery period falls, on a holiday, the delivery time window will be extended by additional days, as applicable. No deliveries on Sunday & holidays. Home delivery orders ship from a FDA licensed pharmacy after a valid prescription has been received. No home delivery orders will ship without a valid prescription written by a Doctor.

K. Return, Replacement & Refund Policy On Home Delivery Only. 

Medily do not accept any returns due to security reasons.  All drug replacement orders for errors or failures in shipment or delivery are at the discretion of Medily Health Pharmacy, in accordance with its determination of medical appropriateness. Medily Health Pharmacy reserves the right to decide that a replacement is not medically appropriate, in which case a refund will then be given to the patient. Medily Health Pharmacy reserves the right, in its sole discretion, whether to issue a replacement for packages a patient reports as ‘undelivered’ that the courier partner has reported as ‘delivered.’ 

L. Online Payments.  You can purchase services and items on the Site. To simplify the user experience on the Site, you are able to pay for your purchases via the Site with Medily serving as payment processing agent on your behalf. If you elect to purchase a service from Medily or an item (e.g., a prescription product) from a Pharmacy listed on our Site, then the total price you pay includes the amount charged by Medily for the service, as well as the amount charged by the Pharmacy.. We collect the amounts charged by the Pharmacy and Medily on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Medily for the services, the Pharmacy for the prescription products, and us for the online membership fee. You can purchase services on the Site. Payment processing services for our Site are provided by payment gateway partners. As a condition of Medily enabling payment processing services through payment gateway partners, you agree to provide Medily accurate and complete information about you and your business, and you authorize Medily to share it and transaction information related to your use of the payment processing services provided payment gateway partners. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (a) any credit card, debit card, UPI, Wallets and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honoured by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and/or you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Medily is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Medily may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Medily with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use. We do not save your Card or other bank details on our site or system.

TELE-MEDICINE

A. Services Provided – No Medical Care Or Advice By Medily. Rather, Medily offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. 

B. Relationship with Medily. Medily does not provide medical advice or care. Medily contracts with partners and vendors, which provides clinical tele-medicine services. Medily provides administrative and business support services to the partners. Medily and its affiliated partners and vendors deliver clinical services via the Medily platform to their patients. Partners and vendors are not employed by Medily. The Partners, Vendors, and not Medily, are responsible for the quality and appropriateness of the care they render to you. Medily do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a vendor or partner, including but not limited to any compliance obligations or steps necessary to comply with any Indian laws and regulations. The medical services, treatment, and care you receive may vary depending on the Partners, Vendors you interact with. Please contact your Partners, Vendors or Medily directly for any questions regarding your care or medical treatment.

C. Independent Medical Judgment. The Partners & Vendors are independent of Medily and are merely using the Site as a way to communicate with you. Any information or advice received from a Partners & Vendors comes from them alone, and not from Medily. Your interactions with the Partners & Vendors via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Medily, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Partners & Vendors via the Site or Service, nor any information obtained on the Site. Medily does not recommend or endorse any specific Partners & Vendors, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Partners & Vendors or information delivered by the Partners & Vendors via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

D. No Representations by Medily. Medily does not make any representations or warranties about the training or skill of any Partners & Vendors who deliver services via the Site or Service. You will be provided with available Partners & Vendors based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Partners & Vendors. If you have any doubt regarding the ability and quality of Partners & Vendors, do not use the site as Medily will not be responsible for such action.

E. Prescription Policy; No Endorsements. When using Telemedicine Services, neither Medily nor Medily’s group companies or affiliates endorse any specific medication, pharmacy, or pharmacologic product. If a Partners & Vendors prescribes a medication, he/she will limit supply based upon Indian regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Partners & Vendors do not prescribe Narcotics controlled substances or scheduled medications, habit forming medicines or certain other drugs which may be harmful because of their potential for abuse. Partners & Vendors reserve the right to deny care for actual or potential misuse of the Telemedicine Services.  If a Partners & Vendors determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Site, or you may fill the prescription at any pharmacy of your choice.

F. Subscription Terms. If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. If you cancel your subscription, your account will automatically close at the end of your current billing period. Medily may change the price for your Medily subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Medily Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

G. Healthcare Choice. As outlined herein, Medily facilitates a variety of healthcare-related interactions with Partners & Vendors and the Healthcare Entities, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Services are designed to offer you with additional choices and options regarding your healthcare, not limit those choices and options. You may always choose to obtain healthcare products and services through channels other than the Services and from Partners & Vendors and Healthcare Entities that do not have arrangements with Medily.

H. Risks of Tele-Medicine health Services. Tele-Medicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using tele-medicine may offer certain potential benefits, there are also potential risks associated with the use of tele-medicine. By using the Tele-medicine Services, you acknowledge the potential risks associated with tele-medicine services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision making by the Partners & Vendors; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. The tele-medicine  services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of tele-medicine (the “Patient Consent”) that will be provided to you by Medily and the Partners & Vendors through the Site. You agree that Medily is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

I. Availability of Services. Medily and Medily’s affiliates operate subject to Indian regulations, and the Tele-medicine Services may not be available in your area. Medily Health services are only available within India. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

COMMUNICATIONS

A. Electronic Communications. When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Medily and Medily’s affiliates may contact you by telephone, mail, or email to verify your Account information. Medily and Medily’s affiliate may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 7 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested. 

B. Consent To Receive Calls And Text Messages And Video Recording. By providing your mobile number, you are agreeing to be contacted by or on behalf of Medily at the mobile number you have provided, including calls and text or WhatsApp messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) and communications relating to the Site and Services. Your Medily Partners & Vendors may record (audio and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products, Services and Tele-medicine Services, and to help Medily improve the Site. Medily will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

C. Texting Disclosures. Message and data rates may apply. For help, text the word HELP to 7710088100. To stop receiving text messages text the word STOP 7710088100, or by updating your profile on our Site to opt out of receiving such messages. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. YOU AGREE TO NOTIFY MEDILY IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM MEDILY. YOU AGREE TO INDEMNIFY MEDILY FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO MEDILY. Text message includes WhatsApp, Telegram and other communication apps and emails.

D. Pharmacy Communications. In addition, you agree that Medily (the “Pharmacy”) may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf regarding any prescriptions from your doctor or updates related thereto. You also understand that you may opt out of receiving text messages from the Pharmacy at any time by texting the word “STOP” to 7710088100 using the mobile device that is receiving the messages.  If you have questions, please call 7710088100 or text “HELP” to 7710088100. Any text messages from the Pharmacy are free to the end user, will be received by you only when the Pharmacy receives a prescription from your you, and will be no more than one text message from the Pharmacy per day.  Please note, however, that mobile carriers does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

OTHER CORE TERMS

A. Ownership Of The Site And Related Materials; Additional Restrictions. All pages within this Site and any material made available for download are the property of Medily, or its licensors or suppliers, as applicable. The Site is protected by Indian copyright and trademark laws.

B. Limited License. Subject to these Terms of Use and the payment of all applicable fees, Medily grants you a revocable, non-transferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Medily or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Medily. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medily without express written consent. You may not use any meta tags or any other "hidden text" utilizing Medily’s name or trademarks without the express written consent of Medily. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Medily. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Medily without our express written consent.

C. No Medical Care.  The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Medily. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Medily, or in connection with any communications supported by Medily, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by Indian law.

D. Promotions.  Medily may offer promotions from time to time, such as programs that offer you rewards for referring new users to Medily or filling your first prescription through Medily (“Medily Promotions”). Referral promotion codes are intended for an invited user’s first prescription filled through Medily – not for existing Medily users. First-prescription promotions may only be used once by an individual user – you may not create multiple Medily memberships and use a first-prescription promotion code more than once. A code issued to you to participate in a Medily Promotion should only be used for personal and non-commercial purposes. This means that you can invite your friends to become Medily members as part of a Medily referral promotion using your personal connections via social media where you are the primary content owner. Public distribution of a Medily referral promotion on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. Medily reserves the right to suspend your account and revoke any referral credits if they were earned in violation of these Terms of Use. If you obtain a first-prescription offer in violation of these Terms of Use, Medily reserves the right to charge the credit card that you have provided for the amount of any unauthorized first-prescription offers.

E. Links to Other Sites.  Medily makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Medily site, please understand that it is independent from Medily, and that Medily has no control over the content on that website. In addition, a link to a non-Medily website does not mean that Medily endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk 

F. User Information.   If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that

(a)   is false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour, (

(b)   violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or

(c)   contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.

You represent and warrant to Medily and Medily’s affiliates that you have the legal right and authorization to provide all User Information to Medily and Medily for use as set forth herein and required by Medily and the Medily Partners & Vendors.

G. Use for Legal Purposes Only. You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit

(1) a message under a false name, or

(2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is

(A)  libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or

(B)  contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct;

(C)  impersonate or misrepresent your identity or falsely state or misrepresent your affiliation