Welcome to the website of Health Plus Diagnostic. The content of this website pertains to Health Plus Diagnostic and is the property of Health Plus Diagnostic having its registered office at C-5 Chalantika , Garia Station Road, Kolkata 700084. Health Plus Diagnostic is one of India’s fastest growing chains of diagnostic laboratories offering @home service and assures quality collection and testing across its network of labs.

GENERAL TERMS

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal or juristic person who has agreed to become a user of the Website. The term “We”, “Us”, “Our”, “Company”, “Health Plus Diagnostic” shall mean the Health Plus Diagnostic (Which includes successors, representative-in-interest and permitted assigns). “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and Health Plus Diagnostic.

These Terms of Use, Privacy policy, together with any additional Service specific terms and conditions, other policies which may be applicable and/or available on our Website, “www.healthplusdiagnostic.com”and any disclaimers which may be present on the Website/Application are jointly referred to as “Terms of Use or Agreement” and constitute the terms of your access and use of the Website/Application and the Services. Where any part of the Agreement is amended in accordance with the terms of the Agreement, the Agreement shall be enforceable in its amended form. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

By accessing, registering or using the Services you agree to be legally bound by these Terms of Use/Agreement and consent to our usage of information as outlined in our Privacy Policy. Your use of our Services is subject to your compliance with these Terms of Use. These Terms of Use apply to all visits to our web portal healthplusdiagnostic.com or any other portal and all other applications, (“Website”) and all uses of our services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our services, as detailed on the Website (“Services”). By accessing and using our Services, you hereby agree to these Terms of Use/Agreement, in its entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by this agreement. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use/Agreement. If you disagree with any part of these terms and conditions/agreement, please do not use our Website. Where any part of the Agreement is amended in accordance with the terms stated herein, the Agreement shall be enforceable in its amended form. Please be sure to review this Agreement periodically to ensure familiarity with the most current version.

1. DEFINITIONS AND INTERPRETATIONS

DEFINITIONS: -

'Account' means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, username, 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' means Health Plus Diagnostic or any of its assignee, incorporated under the Companies Act, 1956.

'Customer' means any User who accesses the Website and completes the registration according to clause 6.

'Health Packages' 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 its web portal.

'Fee' means the price prescribed by the Company for the E- Health Packages and/or Services as notified on its Website from time to time.

'Home Service' means the facility provided by the Company to facilitate sample collection at the Customer's doorstep.

'Order ID' means the unique identification allotted to a Customer upon placing a request for booking the Services and/or 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.

'User' means any person who accesses the Website.

INTERPRETATION: -

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 such other time limit which may be mutually agreed by the parties in writing.

2. ELIGIBILITY

You, if an individual, must be 18 or above, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, be a member or use the Website and Services. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio. By using the Website and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that You will use Website in a manner consistent with any and all applicable laws and regulations and including any amendments thereof enforceable as per the law of the land. The company will not be responsible for any violation of the law of the land due to any wrong information provided by the user during the process of registration as stated to be done herein.

3. SERVICES

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.


2. The Users are entitled to the following Services:
   
   1. If You have not completed the registration as per clause 6, You are entitled to view the snapshots of various Health Packages or other services or other offers being offered on the Website. i.e Home collection requests, customer feedback form etc.
   
   
   2. If You have completed the registration as per clause 6, You are entitled:
      
      1. to view the snapshots of various Health Packages or other offers being offered on the Website
      
      
      2. to book one or more Health Package/s or other offers
      
      
      3. to opt for Home Service (if available at that period of time) wherein the Company shall send its representatives to your doorstep for the sample collection or You may visit the nearest center (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
      
      
      4. to receive email/sms/phone calls/letters which shall provide You with the Order ID, the Health Package's details and the other details
      
      
      5. to receive the test reports within the suggested time.
      
      
      6. By clicking the button Get Call Now use, I agree to be called on behalf of the Company, using an automatic telephone dialing system.
      
      
3. The Services are non-transferable i.e. only the person on whose name the Health Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection.


4. In case a booking is made before 5 pm on a business day, the Company shall endeavor to give a confirmation call to the Customer on the same day and if it is received after 5 pm, the Company shall endeavor to give a confirmation call to the Customer the next business day.


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.


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 Health Packages.


7. The Company may put further terms and conditions with every Health Package or Services and in case of any conflict with the Terms of Use or Privacy Policy, the term and conditions put specifically with the E-Health Package shall prevail.


8. The Company reserves the right to change the nature of Services as mentioned in clause 3.2 at its sole discretion. Such change may be notified to the User/Customer by publishing the same on the Website.

4. TERMS OF SERVICES AND USE

1. While some of the content and pages of the Website are free to view, but to gain access to majority of the contents or services provided by the Website, you will need to create an account on the Website.


2. To create an account on the Website: -
   
   1. You will be asked to complete the registration form and fill in certain details such as name, age, date of birth, address, mobile number, e-mail id, etc. You expressly acknowledge that The Company will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate.
   
   
   2. The Company provides Services through the Website to facilitate customers/users to avail diagnostic test/ packages facilities through the website. However, The Company shall not be liable and does not validate, endorse or approve any information or content posted on its Website. Furthermore, while availing the Services, the users/customers understand and accept that:
      
      
      1. The Company does not recommend or endorse any diagnostic test/packages mentioned on the Website
      
      
      2. The Company does not make any representations and warranties with respect to the diagnostic labs/doctors/consultants or the quality of the services that is provided by such diagnostic labs/doctors/consultants
      
      
      3. Users/customers will be responsible for choosing the services listed on the Website.
      
      
   3. The Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the labs and does not deal with any of User’s client or patient managed by User through the Website and only provides Services to User through the Website. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
   
   
   4. User may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
   
   
   5. The user is hereby granted a limited, non-exclusive, non-transferable right to access our website and use the Services solely for user’s personal non-commercial use and in accordance with the permitted Terms of Use mentioned herein. Without limitation to the foregoing, in the event the user is barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, the user is not eligible to register for, use or avail the services available on the Website.
   
   
   6. The Company will provide to the User basic support for the Services at no additional charge, and/or upgraded support, if purchased separately, and will use commercially reasonable efforts to make the Services available, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond The Company’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. The Company will provide the Services only in accordance with applicable laws and government regulations.
   
   
   7. Notwithstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centres and laboratories contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such client, diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
   
   
   8. h. The Company may, at its sole discretion, suspend User’s ability to use or access the Website at any time while The Company investigates complaints or alleged violations of these Terms of Use, or for any other reason. The Company has the right to edit/change parameters of profiles to make them more suitable for Package searches on the Website. If Users find any wrong information on the Website in relation to such packages, they can contact the Company at contact@healthplusdiagnostic.com immediately for such corrections.
   
   
   9. User shall be bound by terms and conditions of this Agreement. Any violation of the same gives the right to the company to take appropriate action against the user.
   
   
   10. Shipping and delivery of reports: The Company provides you with the best-in-class experience at every step of the way. We assure you that all due precautions are taken so that your report reaches you intact.
   
   
   11. Sample collection and Reports: -
       
       1. Sample collection will typically be done on the chosen date and time. If not, it can be always rescheduled to another available date and available time slot.
       
       
       2. Sample collection may take longer due to bad weather, political disruptions, government orders and other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates and also keep the same updated from time to time on our database and/or website.
       
       
       
       3. Report will be generated within 24 hours and a soft copy will be sent to you for the same from our end. Some tests/culture tests take time, so the report will be sent when the test(s) are complete and the Company receives the test reports. You hereby agree to the delay that may be caused in providing the reports.
       
       
       4. With regard to B2B services provided by the Company to the Users of the other business entity, the User hereby provides his/her consent to the Company to share the Diagnostic Medical Report of the User, including but not limited to the report regarding HIV test, with the said business entity. However, the business entity is entitled to collect, process and treat the said report of its Users in compliance with the provisions of the Information Technology Act, 2000 and the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any other applicable data protection laws". Furthermore, with regard to the HIV report of the User, the role of the Company is only limited to conducting the tests. All the other responsibilities shall lie with the Business entity only.
       
       
       5. You hereby give your consent to share your Diagnostic medical report with the concerned employer/employee/business entity which is dealing with us on your behalf unless specified otherwise.
       
       

5. NON-TRANSFERABLE RIGHT TO USE THE SERVICES

Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the Website is not transferable. The Company may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

6. REGISTRATION PROCESS

1. The User to be entitled to avail the Services shall have to complete the registration process ('Registration Process') as provided below:
   
   1. The Registration Process involves the creating of a login id by the User in accordance with clause 3.2.b.
   
   
   2. 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.


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.


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.


4. The Customers understand and agree that the Company may screen and verify the information provided by the Customer/User and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Company may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.

7. RESTRICTIONS ON USE

1. You shall not use the Website or any information provided in the website by the Company in any manner which is and/or detrimental to the scope, work and functioning of the Company and/or in contravention of the following points : -
   
   1. For any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
   
   
   2. 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
   
   
   3. That is defamatory, libellous, 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
   
   
   4. That is false or misleading; or
   
   
   5. That harasses or advocates harassment of another person.


2. You are also prohibited from violating or attempting to violate the security of the Website, including, but not limited to the following activities:
   
   1. Accessing data not intended for You or logging into a server or account which You are not authorized to access
   
   
   2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
   
   
   3. 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
   
   
   4. 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.


3. Specific Restrictions on Rights to Use: In addition to the above, You shall not:
   
   1. Modify, adapt, translate, or reverse engineer any portion of the Website and/or Services
   
   
   2. Remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service
   
   
   3. 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
   
   
   4. Reformat or frame any portion of the web pages that are part of the Website and/or Service
   
   
   5. Create user accounts by automated means or under false or fraudulent pretences
   
   
   6. 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
   
   
   7. 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
   
   
   8. Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature
   
   
   9. 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
   
   
   10. Copy or store any content offered on the Website for other than your own use
   
   
   11. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure

8. REMEDIES WITH THE COMPANY

1. 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, the Company and/or the Website reserves the right to take actions to prevent/control such violation including but not limited to, 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.


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.

9. PAYMENT

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 Rupay cards and internet banking, Unified payments inference (Upi) or through any other mode as may be available on the website of the Company.


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 in case online payment is being opted for by them.


3. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company.


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.


5. 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.


6. 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. 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. The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the Services through the Website. Further, the Company reserves the right to change the Fees upon its sole discretion without any prior notice to the Customers/Users.

10. REFUND AND CANCELLATION POLICY

1. Health Plus Diagnostic reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation or conducting test is indicative and actual time for availing the Services may change depending on the availability of the phlebotomists. The user/customer can reschedule or cancel the service.


2. In case of cancellation or non-confirmation of the booking by the Customer or Health Plus Diagnostic due to any reason, the customer may contact Health Plus Diagnostic through E Mail Id - ehealth@healthplusdiagnostic.com for rescheduling the booking or refund request within 15 (fifteen) days from the time of booking.


3. If the customer fails to do the same within 15 (fifteen) days from the time of booking, then such user/customer will not be allowed to get a refund or cancellation of the payment as may be made to Health Plus Diagnostic


4. The confirmed amount without interest will be sent to the respective debit card/credit card/account from where payment was made / the money will be transferred through bank account of user/customer by IMPS, NEFT and amount will not be refundable by any other mode.


5. The confirmed amount due for refund shall be processed within 15 (fifteen) working days from the date of the cancellation, subject to all terms of use being met effectively.


6. Health Plus Diagnostic shall not be responsible in any manner for any inconvenience or loss caused to the user as a result of such rescheduling or cancellation. Further Health Plus Diagnostic reserves the right to refuse Service at any time without providing any reasons.

11. DIAGNOSTICS SERVICES –

As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

Terms for use of the Diagnostic Services:

1. The Company provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. The Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third-Party Labs to use software and the Third-Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third-Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.


2. The Third-Party Labs may not access the Services if the Third Party Labs are the Company’s direct competitor, except with the Company’s prior written consent. In addition, the Third-Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.


3. The Company will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond the Company’s reasonable control, including without limitation Force Majeure Events (as defined herein below). The Company will provide the Services only in accordance with applicable law(s) and government regulations.


4. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against the Company’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third-Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third-Party Labs’ compliance with such limitations.


5. Not with standing anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third-Party Labs or diagnostic centers contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic center or any third party through the Website. The Services should not be used for emergency appointment purposes.


6. Not with standing anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.


7. The Company may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason. The Company has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

12. DOCTOR RELATIONSHIP

1. Against every Practitioner listed on the website of the Company you may find an option for contacting the practitioner concerned. When you choose this option, you choose to call the number through a free telephony service provided by the Company, and the records of such calls are recorded and stored in the Company’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by the Company for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by the Company should be used only for appointment and booking purposes, and not for consultation on health-related issues. The Company accepts no liability if the call facility is not used in accordance with the foregoing. The Company may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, the Company reserves the right to not provide the Services for which such personal information is sought.


2. BOOK APPOINTMENT AND CALL FACILITY
   
   2.1. The Company enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
   
   2.2. The Company will ensure Users are provided confirmed appointment on the Book facility. However, the Company has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
   
   2.3. If a User has utilized the telephonic services, the Company reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy. (to be specified).
   
   2.4. The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by the Company of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her/ own risk.
   
   2.5. Without prejudice to the generality of the above, the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the User and the Practitioner. User understands and agrees that the Company will not be liable for:
   
   User interactions and associated issues User has with the Practitioner
   
   The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users
   
   Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s)
   
   Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services
   
   Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff
   
   Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, shall be guided by the terms and policies falling under the heading refund and cancellation policy.
   
   2.6. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, the Company shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
   
   2.7. Even if Your real life doctor is listed on the Company’s website, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
   
   2.8. In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the clinic of the Company:
   
   i. User’s account will be temporarily disabled from booking further online appointments on the Company’s website for next four (4) months, in case of, three (3) Valid PNS, as per the policy of the Company. However, the User can continue to call the clinic via the number provided on the Company’s website to get an appointment.
   
   ii. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs the Company of the incident or marks a particular appointment as P.N.S. using the website of the Company within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per the terms and conditions contained herein, for not showing up, the Company shall be entitled to take actions as per the governing Terms and Conditions of the Company and Rules applicable thereto.
   
   iii. The Company, and the loss of business hours incurred by the Practitioner.
   
   2.9. Following instances, solely at the discretion of the Company, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per the terms and clauses of the Company and the governing Rules thereto:
   
   2.9.1. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication
   
   2.9.2. In case User responds to the PNS Communication with below reasons:
   
   2.9.2.1. Forgot the appointment
   
   2.9.2.2. Chose to visit another Practitioner/consulted online
   
   2.9.2.3. Busy with other work; or such other reasons (which the Company at its discretion decides to be a valid reason to not show up).
   
   2.9.3. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of the Company, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
   
   2.10. The Company reserves the right to make the final decision in case of a conflict. The total aggregate liability of the Company shall be subject to the terms and rules governing the Company’s policy as it may decide at its sole discretion.

13. MODIFICATION OF TERMS OF USE

You understand and agree that these Terms of Use, the Website and the Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by You on your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after your initial access of the Website or use of the Service shall be subject to these Terms of Use.

14. MAINTENANCE

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's/Customer's access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss and/or damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

15. TERM AND TERMINATION

1. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the user of the Website for all Users


2. For Customers, the Terms of Use shall commence from the time the Registration Process is concluded as per clause 6 of this Agreement and shall be valid until terminated as provided below or till the time the Account is maintained.


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:
   
   1. Where the Account remains unused for a period of six months or more; or
   
   
   2. If in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement or/and the Terms of Use; or
   
   
   3. 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.


4. Not with standing anything contained in the Terms of Use, clause to be specified shall survive any termination or expiration of these Terms of Use.

16. LIABILITIES UPON TERMINATION

If the Terms of Use is terminated pursuant to clauses set out in clause 12 above, without prejudice to any other remedies available to the Company, You shall not be refunded whether a part or whole of the Fee.

17. OWNERSHIP

Any material, content or logos, marks, software on or part of the Website and Any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

18. COPYRIGHT DISPUTE POLICY

1. The Company has adopted the following general policy towards copyright infringement:


2. 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.


3. 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.

19. DISCLAIMER

All the information displayed, transmitted or carried by the Company and its related websites including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, collectively the “Content”, are protected by the copyright and other intellectual property laws and be informed that the content of the same is not intended to be a substitute for professional medical advice and not for solicitation of business. The Content is owned by the Company, its affiliates or third-party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the Company’s website and not to alter the content in any way. Permitted Use you may take a single copy of the Content displayed on the website of the Company for personal, non-commercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without written permission. The information provided in this site for the sole purpose of disseminating health information for public benefit.

General Disclaimer And Limitation Of Liability

The Company’s website contains facts, views, opinions, statements and recommendations of users of the Company’s website, advertisers, third party information providers and organizations.

The Company’s website does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the website. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk.

The Company makes no warranty or representation whatsoever regarding the website or any content, advertising services or products provided through or in connection with the website.

The Company expressly disclaims any and all warranties, express or implied, including, without limitation without limiting the foregoing, the Company shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.

You acknowledge that third party product and service providers advertise their products and services on the Company’s website. The Company forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time the Company is making any representation or warranty regarding any third party’s products or services, nor will the Company be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against the Company with respect to third party products and services, to the maximum extent permitted by law. Further you agree that to use the Site and contents thereof only for lawful purposes.

20. 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.

21. INDEMNITY

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Services, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

22. PRIVACY

1. Use of the Website and/or the Services is also governed by our Privacy Policy (to be specified).

23. CONFIDENTIALITY

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.


2. 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.


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.


4. All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms of Use. Notwithstanding anything contained in the Terms of Use, the User/Customer gives his unconditional consent to the Company that it may sell or license or permit third parties to use such data or information, on payment of consideration or otherwise.


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.


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.


7. If the User is neither a genuine Customer nor an intended recipient and are using or accessing the Website to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.

24. MISCELLANEOUS

1. Governing law and Dispute Resolution- This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal, India. All disputes will be subject to arbitration at Kolkata, West Bengal, India in English by a sole arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.


2. Assignability -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company.


3. Severability - If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.


4. Waiver - Failure by the Company to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.


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.


6. Survival: Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination


7. Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the user can contact the Grievance/Nodal Officer of the Company _______________ @ ________ email.id


8. Links to third party sites
   
   1. 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.
   
   
   2. The Company is not responsible for any errors, omissions or representations on any Linked Site. The Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

25. COMPLIANCE OF APPLICABLE LAWS

1. While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.


2. The Users must also ensure that the prescription uploaded on the Website or emailed to the Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to the Company, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
   
   1. Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and the Company)
      1. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
      
      
      2. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
         i. not accessing the Website; or
         ii. closing their accounts for all of the Services that they use.
   
   
   2. The Company reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
      1. Breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
      
      
      2. The Company is unable to verify or authenticate any information provided to the Company by Other Party(s); or
      
      
      3. The Company believes, in its sole discretion, that Other Party(s) actions may cause legal liability for the Company (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
      
      
      4. The Company is required to do so by law; or
      
      
      5. If Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the Other Party(s); or
      
      
      6. The provision of the Services to the Other Party(s), or to the general public, is in the Company’s opinion, no longer commercially viable; orThe Company has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
      
      
      7. The Company has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
   
   


3. The Company may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
   
   1. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
   
   
   2. Upon termination of these Terms of Use, the Company shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
   
   
   3. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if the Company is unable to verify or authenticate any information the Other Party(s) submits to the Company, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Services to the Other Party(s).
   
   
   4. The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against the Other Party(s), in accordance with applicable law.

26. COMMUNICATION WITH THE CUSTOMERS/USERS

When you visit the Website or use it to send emails/SMS, provide information or communicate to us, You understand and agree that you are communicating with us through electronic records. You hereby provide your consent to receive communications via electronic records from us periodically or as and when required. Further, you allow us to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.