Registration is mandatory for the Users to access the Services provided by the Company through the Platform.
Users shall register themselves on the Platform by providing information including but not limited to personal information such as name, location, e-mail address, contact number, medical history, medical test results, relevant healthcare information, etc.
The Users may also link their Facebook/Google/Twitter/LinkedIn accounts with the Platform at the time of their registration.
The Registration and use of the Platform is free of cost and no charges are applicable for the same. However, charges may be incurred after registration depending on the Services the User would like to avail.
Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.3. SERVICE OVERVIEW
The Company acts as a service provider and a health-care facilitator, providing you with any and all medical tests, including but not limited to, blood glucose, lipid profile and Urine routine tests, and connecting you with experts and specialists in the various fields of medicine, clinical nutrition and health care, all at the comfort and convenience of the Customer.
We are a healthcare tech company and as part of our diagnostic platform, will conduct medical tests at the homes and offices of Customers. Our goal has always been to build a platform for the early detection and prognosis of critical illnesses like cancer, diabetes, Alzheimer’s and cardiovascular diseases, using tele-diagnostic and tele-medicine solutions.
We are here to bring to you a fully integrated Platform that can allow you to engage in every step of medical testing and follow up from the comfort of your home, and can even detect ailments like Cardiac attacks, Arrhythmias, MI’s, Arterial Fibrillation, and catch early signs of CoPD and Diabetes. Through our Platform you may also be able to connect with specialists and experts in your required area of medicine and health care.4. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.5. CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.6. TERM
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.8. COMMUNICATION
By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Company and/or any of its representatives at any time.
Customers can report to email@example.com if they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
Registration to the services is free of cost.
To avail services, payments must be made in accordance with the service being provided and subject to available offers and terms and conditions.
i. Online Payment Gateways: Razorpay
The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform, and that they:
The User further undertakes not to:
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.13. LIMITATION OF LIABILITY
Timings/prices shown on the Platform with regard to the service will be tentative, We will not responsible for any delay. Any changes in pricing are subject to changes in factors including but not limited to market conditions, demands for service, etc.
The Company will not be responsible for any damage suffered by users from use of the services on this site. This includes but is not limited to, loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of parties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
In consideration of being provided with the Services including but not limited to medical testing at home or office location of your choice, monitoring of results, online consultation with Vendors, etc., in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless the Company and its agents and employees from any and all responsibility, liability, cost and expenses, including injuries, damages, incorrect diagnoses or unsatisfactory responses from Vendors, or any ailment, discomfort, or loss that arises in the process of provision of Services through the Platform designed by the Company. You do also hereby release the Company and its agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise), in any way arising out of use of Services provided by Third Parties and Vendors through the Company.
You hereby agree to expressly assume and accept any and all risks of performing medical tests in your home, monitoring the results through the Platform, seeking consultation with specialists and any other use relating to Services provided by the Vendors through the Platform. In addition, you certify that you are 18 years of age or older. You do hereby further declare yourself to be mentally sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect your ability to freely choose the Services you wish to avail and make use of the same.
You further agree that prior to use of Services provided by the Company, you will fully and accurately share all relevant medical history. You do hereby acknowledge that you are aware that the Services provided by the Company are not the same experience as receiving the same services when provided in Hospitals and Medical Health Centres, though we strive to ensure all medical tests and specialists provided by Us are of the highest standard. While we work hard to maintain the best standard of service availability, the Company is not liable for any interruption that may be caused to your access and use of the Services You further acknowledge that the Company is not responsible for any unsatisfactory outcome in progress of any services provided.
The Company also makes it clear that it shall not be held liable for any damage/hurt/inconvenience caused to the User through the course of provision of Services or as a result of the Users’ actions. The Company makes no representations or warranties as to the conduct of the Users. The Company takes no responsibility for any content that Users send or receive from other Users or Third-Party posts through the Website or Platform. Any material downloaded or otherwise obtained through use of the service is accessed at the Users own discretion and risk.
The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Platform and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, Services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The use of the Services in the Platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Platform.
The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.
As a Company, we strive to make every effort to ensure you receive the highest quality of health care and medical services through qualified Vendors. However, the Company holds no liability for any loss, damage or liability arising from the actions of Vendors. Once a booking has been made, the Vendors are entirely responsible for the services provided by them and the results therein. Any claims regarding the same are to be raised directly with the Vendors and are not the responsibility of the Company.
Through this Platform you may be able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE USER UNDERSTANDS THAT COUPONS WILL BE MADE AVAILABLE SOLELY AT THE DISCRETION OF THE COMPANY AND WILL BEAR THE COMPANY MARK. PLATFORM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.15. REFUND
a) In the event that, the Vendor with whom User has booked and paid for a Service via the Platform, has not been able to fulfill the Service requested by the Customer, the Customer must write to us at_____________ within five (5) days from the occurrence of such an event or cancellation by the Vendor; in such a case, the entire amount as paid by the Customer will be refunded to the Customer within the next five (5) to six (6) business days in the same mode of payment done by the Customer while making payment for the Service.
b) In case where the Customer does not respond to repeated attempts to be reached by the Vendor for the purpose of providing the Services paid for, without canceling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as chargeable by the Vendor or the Company, at the discretion of the Company), you would not be entitled to complete refund even if you have canceled beforehand.
c) Customers will not be entitled for any refunds in cases where the Vendor is unable to meet the Customer at the scheduled time of the appointment or consultation and the Customer is required to wait, irrespective of whether the Customer is required to wait or chooses to not avail the Services accordingly. Such cancellation is entirely at the discretion of the Customer and refunds will not be applicable for the same.16. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Platform through which the Users can communicate and schedule meetings, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.17. DISCLAIMER OF WARRANTIES AND LIABILITIES
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.19. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.