The words "You" or "User" "Your" as used herein refer to all individuals accessing or using the Website for any reason.
1.DEFINITIONS AND INTERPRETATIONS
Account" means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, user name, password as required to be filled in the webpage during the registration process and includes any further changes and additions to the information from time to time.
"Company" NirAmaya Pathlabs Pvt. Ltd. or any of its assignee, incorporated under
the Companies Act, 1956.
"Customer" means any User who accesses the Website completes the registration.
"E-Health Packages, Tests and Home care services" means the exclusive and customized health diagnostic packages being offered by the Company and any such other packages which the Company may be introduced from time to time through web portal .
"Fee" means the price prescribed by the Company for the E- Health Packages/Services as notified on its Website from time to time.
"Home Sample collection" means the facility provided by the Company to facilitate sample collection at the Customer’s door step.
"Home Care Service" means the facility provided by the Company to facilitate healthcare services at home.
"Order ID" means the unique identification identity allotted to a Customer upon placing a request for booking the Services/E-Health Packages.
"Registration Process" means the entire process which a Customer/User undergoes while registering himself on the Website in accordance with clause 6.
"Services" means the services as mentioned in clause 3.2.
In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or sub-clause or suchother time limit which may be mutually agreed by the parties in writing.
3.1 The use of this Website entitles the User, whether a User or a Customer, to avail certain services as provided in the following clauses ("Services") and interpretation of the term "Services" shall be done accordingly depending upon the context.
3.2 The Users are entitled to the following Services:
3.2.1 If You have not completed the registration as per clause 6, You are entitled to view the snapshots of various E-Health Packages or other offers being offered on the Website. i.e Home collection requests, customer feedback form etc.
3.2.2 If You have completed the registration as per clause 6, on the payment of Fee, You are entitled:
a. to view the snapshots of various E-Health Packages or other offers being offered on the Website;
to book one or more E-Health Package/s or other offers;
c. to opt for Home Service (if available at that period of time) wherein the Company shall send its representatives to your door step for the sample collection or You may visit the nearest centre (at which the service is currently available) of the Company to give the sample. However, You shall have to visit the designated test centers/ laboratories if the Company requires You to do so;
d. to receive email/sms/phone calls/letters which shall provide You with the Order ID, the E-Health Package’s details and the other details;
e. to receive the test reports within the suggested time.
3.3 The Services are non-transferable i.e. only the person on whose name the E-Health Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection.
3.4 In case a booking is made before 4 pm on a business day, the Company shall endeavour to give a confirmation call to the Customer on the same day and if it is received after 4 pm, the Company shall endeavour to give a confirmation call to the Customer the next business day.
3.5 The Customer is required to carry a photo-identification card, a copy of the invoice and Order ID or the transaction number at the time of visit to the Lab or when availing Home Service.
3.6 You are advised to go through the list of instructions/guidelines that is provided by the Company on its Website detailing the dos and don’ts before taking the various tests laid down in the E-Health Packages.
4.RESTRICTIONS ON USE
4.1 You shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company:
a.for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
b.in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
c.that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
d.that is false or misleading; or
e.that harasses or advocates harassment of another person.
4.2 You are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Website, overloading, "flooding", "spamming", "mail bombing", "hacking" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
4.3 Specific Restrictions on Rights to Use: In addition to the above, You shall not:
a. modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;
b. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
c. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
d. reformat or frame any portion of the web pages that are part of the Website and/or Service;
e. create user accounts by automated means or under false or fraudulent pretenses;
f. create or transmit unwanted electronic communications such as "spam" to other users/customers of the Website and/or Service or otherwise interfere with other User's or Customer's enjoyment of the Website and/or Service;
l. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;
m. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
n. make use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
o. copy or store any content offered on the Website for other than Your own use;
5. REMEDIES WITH THE COMPANY
5.1 You understand and agree that the Company or the Website may review any content and in case the Company finds, in its sole discretion, that the User violates any terms of this Agreement especially clause 4, the Company and/or the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service.
5.2 The Company shall also be entitled to investigate occurrences which may involve such violations and may and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/Customers who are involved in such violations.
6. REGISTRATION PROCESS
6.1 The User to be entitled to avail the Services shall have to complete the registration process ("Registration Process") as provided below:
a. The Registration Process involves the creating of a login id by the User in accordance with clause 3.2.2.
b. Registration is mandatory for the Customers and requires them to provide certain basic information about themselves such as name, age, sex, email address, billing address, collection address, zip/postal code and phone number and accordingly create an Account.
6.2 Only after completing the Registration Process, the Users become Customers and become entitled to avail the Services as mentioned in the Clause 3.2, subject to payment of the Fee.
6.3 The Website may provide the facility of 'masking' which allows You to hide or keep confidential or not to fill any information except the information which are considered mandatory by the Company and which will indicated by asterisks. The Company further reserved the right to seek further information, even though masked by You, if in its sole view such information is necessary.
7.1 The Company shall endeavour to provide the Customer with facilities/gateways to pay the Fee through credit cards (American Express, visa and mastercard), debit cards, cash cards and internet banking.
7.2 It is understood and agreed by the User/Customer that the Services shall only commence after realization of money in the accounts of the Company incase online payment is being opted for by them.
7.4 The Company reserves the right to refuse or cancel any order placed for a product/package that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7-14 working days and duly notified to you by email. Once the order has been placed and in case You wish to cancel/modify the same You may do so subject to cancellation/modification charges as prescribed.
7.6 It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and the Company.
7.7 It is understood and agreed by the User/Customer that in no event whatsoever, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Price shall be the sole responsibility of the User/Customer.
7.8 The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
8. REFUND AND CANCELLATION POLICY
8.1 Cancellation shall be acceptable if the Customer informs the Company within 72 hours from the time of booking. There will be a total refund in this case. The Customer can contact us through e-mail id, firstname.lastname@example.org in case of cancellation and refund.
8.2 The booking is valid for the  days from the time and date of request booking. After 7 days, the Customer shall not be entitled to claim for Services and the company shall have the right to forfeit the fees already paid in such a case.
The Company shall endeavour to release the test report/s to the Customer if so opted for by him/her within [seven] working days, unless it is required otherwise. Please allow the minimum time required for processing as specified for the test. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made in the course of the day, and the Customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but the Company will not be held liable if the delivery does not take place on that day. If the customer has made partial payment against the desired services to be availed, in such circumstances, the company may not be able to release the test reports due administrative/technical reasons.
9.2 WE DO NOT DELIVER ON SUNDAYS AND PUBLIC HOLIDAYS IN INDIA.
9.3 The Customer/s may also collect the reports by hand during working hours on the date mentioned on the receipt from the designated collection centre/branch of the Company.
11.TERM AND TERMINATION
11.3 The Company may terminate this Agreement with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:
a. where the Account remains unused for a period of six months or more; or
c. if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason.
11.LIABILITIES UPON TERMINATION
13. COPYRIGHT DISPUTE POLICY
a. If the Company believes in good faith any material on its Website has been illegally copied or is posted, uploaded or made accessible through the Website or Services and distributed by any advertisers, its affiliates, content providers, members or Users; it shall send an Infringement Notice and remove and discontinue Services to offenders.
b. If despite the Infringement Notice, the offender does not take the requisite steps, the Company shall have the right to proceed against the offender by filing a suit in the appropriate court of law on ground of such infringement.
THE WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE COMPANY DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY, THE WEBSITE OR THROUGH OR FROM THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16.2 ALL THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ANY MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ALTHOUGH THE LABORATORY PROVIDES THE LARGEST SINGLE SOURCE OF OBJECTIVE, SCIENTIFIC DATA ON PATIENT STATUS, IT IS ONLY ONE PART OF A COMPLEX BIOLOGICAL PICTURE OF HEALTH OR DISEASE. AS PROFESSIONAL CLINICAL LABORATORY SCIENTISTS, OUR GOAL IS TO ASSIST YOU IN UNDERSTANDING THE PURPOSE OF LABORATORY TESTS AND THE GENERAL MEANING OF YOUR LABORATORY RESULTS.IT IS IMPORTANT THAT YOU COMMUNICATE WITH YOUR PHYSICIAN SO THAT TOGETHER YOU CAN INTEGRATE THE PERTINENT INFORMATION, SUCH AS AGE, ETHNICITY, HEALTH HISTORY, SIGNS AND SYMPTOMS, LABORATORY AND OTHER PROCEDURES (RADIOLOGY, ENDOSCOPY, ETC.), TO DETERMINE YOUR HEALTH STATUS. THE INFORMATION PROVIDED THROUGH THIS SERVICE IS NOT INTENDED TO SUBSTITUTE FOR SUCH CONSULTATIONS WITH YOUR PHYSICIAN NOR MEDICAL ADVICE SPECIFIC TO YOUR HEALTH CONDITION. DISCLAIM ANY LIABILITY ARISING OUT OF YOUR USE OF THIS SERVICE OR FOR ANY ADVERSE OUTCOME FROM YOUR USE OF THE INFORMATION PROVIDED BY THIS SERVICE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO ANY MISUNDERSTANDING OR MISINTERPRETATION OF THE INFORMATION PROVIDED THROUGH THIS SERVICE.ANY SPECIFIC ADVICE OR OPINION IN ANY PART OF THE REPORT IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS/CUSTOMERS TO PROVIDE ANY INFORMATION AND/OR DISCLOSE TRUE AND CORRECT INFORMATION ABOUT THEIR MEDICAL HISTORY AT THE TIME OF SUBSCRIBING FOR THE SERVICES AND THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OR TRUTH OF THE REPORT POSTED ON THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE ON THIS ACCOUNT BASED ON ANY INCORRECT/FASLE INFORMATION HAVING BEEN PROVIDED BY THE UER/CUSTOMER.
16.3 SINCE THE COMPANY ACTS ONLY AS A SERVICE PORTAL FOR THE USERS/CUSTOMERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE PAYMENT BETWEEN THE THIRD PARTY AND THE CUSTOMER/USER.
16.4 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
16.5 NEITHER SHALL THE COMPANY BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. THE USER/CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
15.LIMITATION ON LIABILITY
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, SERVICE INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
20.1 For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the "Disclosing Party") or, which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party"), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.
20.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
20.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time, if Company provides such an option.
20.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
21.5 Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
21.6 Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or may mail to email@example.com
21.7 Links to third party sites
a. The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.