Terms and Conditions
These terms of use (this ‘Agreement’) set forth the
standards of use of health heart diagnostics located at https://healthheartdiagnostics.in and
all of its associated pages, websites. The link health heart diagnostics and
all such associated pages, websites, apps are collectively referred to herein
as the ‘Website.’
The words ‘You’ or ‘User’ ‘Your’ as used herein refer to all
individuals accessing or using the Website for any reason.
By using the Website, You represent that you have read and
agree to be bound by the terms of this Agreement, as well as any other
guidelines, privacy policy, rules and additional terms referenced herein,
collectively referred to as ‘Terms of Use’ or ‘Terms and Conditions’. These
Terms of Use set out the legally binding terms with respect to your access and
use of the Website and our provision of the Services (as defined below).
Please read these Terms of Use carefully. Your access to
Website and/or use of the Service constitutes your acceptance of all the
provisions of these Terms of Use. If you are unwilling to be bound by these
Terms of Use, do not access Website and/or use the Service.
1. DEFINITIONS AND INTERPRETATIONS
1. 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, user name, password and any other information as required to
be filled in the webpage during or anytime after the sign-up/ log-in/
registration process and includes any further changes and additions to the
information from time to time.
‘Company’ means Health heart diagnostics or any of its
assignee, incorporated under the Companies Act, 2013.
‘Customer’ means any User who accesses the Website completes
the registration according to clause 6.
‘Health Tests’ means the exclusive and customized health
diagnostic packages, tests, services being offered by the Company and any such
other services which the Company may be introduced from time to time through
web portal
‘Charges/Fees’ means the price prescribed by the Company for
the Health Tests/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 door step.
‘Order ID’ means the unique identification identity allotted
to a Customer upon placing a request for booking the Services/Health Tests.
‘Registration Process’ means the entire process which a
Customer/User undergoes while registering himself on the Website and mobile
apps in accordance with clause 6.
‘Services’ means the services as mentioned in clause 3.2.
‘Terms of Use’ and ‘Terms and Conditions’ are
synonymous.
‘User’ means any person who accesses the Website.
‘Website’ includes and chat and ticket raising option.
2. 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.
3. SERVICES
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.
The Users are entitled to the following Services:
to view the snapshots of various Health Tests or other
offers being offered on the Website;
to book one or more Health Tests or other offers;
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 selected by you (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;
to receive email/SMS/WhatsApp/phone calls/letters for the
Health Test’s details and the other details;
to receive the test reports.
By clicking the button Request a Call Back, I agree to be
called on behalf of Health heart diagnostics, using an automatic telephone
dialing system.
The Services are non-transferable i.e. only the person on
whose name the Health Tests is assigned at the time of booking will be eligible
to avail the Services at the lab or through home collection.
In case a booking is made before 8 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 8 pm, the Company shall endeavour to give a
confirmation call to the Customer at the earliest possible time.
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 Center/Lab or when availing Home Services
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 Tests.
The Company may put further terms and conditions with every
Health Tests or Services and in case of any conflict with the Terms of Use or
Privacy Policy, the term and conditions put specifically with the Heath Test
shall prevail.
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.RESTRICTIONS ON USE
You shall not use the Website in order to transmit,
distribute, store or destroy material, including without limitation content
provided by the Company:
for any unlawful purpose or in violation of any applicable
law, regulation, international law or laws of any other country; or
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
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
that is false or misleading; or
that harasses or advocates harassment of another person.
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.
Specific Restrictions on Rights to Use: In addition to the
above, You shall not:
modify, adapt, translate, or reverse engineer any portion of
the Website and/or Services;
remove any copyright, trademark or other proprietary rights
notices contained in or on the Website and/or Service;
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;
reformat or frame any portion of the web pages that are part
of the Website and/or Service;
create user accounts by automated means or under false or
fraudulent pretenses;
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;
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;
transmit any viruses, worms, defects, Trojan horses or other
items of a destructive nature;
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;
copy or store any content offered on the Website for other
than Your own use;
take any action that imposes, or may impose in our sole
discretion, an unreasonable or disproportionately large load on the Company’s
IT infrastructure;
5.REMEDIES WITH THE COMPANY
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.
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
The User to be entitled to avail the Services shall have to
complete the registration process (‘Registration Process’) as provided below:
The Registration Process involves the creating of a login id
by the User in accordance with clause 3.2.
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.
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/charges.
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.
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. PAYMENT
The Company shall endeavour to provide the Customer with
facilities/gateways to pay the Fee through credit cards (visa and mastercard),
debit cards, cash cards and internet banking
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
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.
The Company reserves the right to refuse or cancel any order
placed for a product/tests 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.
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.
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.
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.
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 o change the Fees
upon its sole discretion without any prior notice to the Customers/Users.
8. REFUND AND CANCELLATION POLICY
The Health Test is valid for the [30] days from the time and
date of invoice generation. After 30 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.
Cancellation shall be acceptable only if the Customer
informs the Company within 72 hours from the time of booking. The Customer can
contact us through e-mail id, info@healthheartdiagnostics.in in
case of cancellation and refund.
The refund amount will be sent to the respective debit card/credit
card/account from where payment was made and amount will not be refundable by
any other mode.
The PET CT medicinal dose such as FDG/DOTA/PSMA are
time-sensitive and deteriorate if you are late for your appointment. In case of
a same-day cancellation, no-show or late-show – this amount will be forfeited.
Please ensure to inform us at least a day prior to any impending cancellation,
so that we could delay the procurement of the isotope for your consumption.
Cancellation charges of Rs. 5000/- will be applicable in case of no-show,
late-show or cancellation after 8 pm the day prior
9. DELIVERY
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.
WE DO NOT DELIVER ON SUNDAYS AND PUBLIC HOLIDAYS IN INDIA.
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.
The test reports may also be displayed on the Website within
the prescribed period and You may track the same by entering your Order ID.
10. 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 Website or
use of the Service shall be subject to these Terms of Use.
11. 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 or/and 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.
12. TERM AND TERMINATION
These Terms of Use, with modifications as contemplated,
shall remain in full force and effect during the user of the Website for all
Users
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.
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:
where the Account remains unused for a period of six months
or more; or
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
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.
Notwithstanding anything contained in the Terms of Use,
clauses 5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any
termination or expiration of these Terms of Use.
13. 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.
14. OWNERSHIP
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.
15. COPYRIGHT DISPUTE POLICY
The Company has adopted the following general policy towards
copyright infringement
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.
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.
16. DISCLAIMER
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.
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.
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.
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.
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.
THIS SITE MAY FROM TIME TO TIME CONTAIN EMBEDDED HYPER-LINKS
TOOTHER WEB SITES. THESE LINKS ARE PROVIDED AS A CONVENIENCE AND DO NOT
CONSTITUTE AN ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY US NOR DO WE HAVE
ANY RESPONSIBILITY FOR THE LINKED SITE OR ITS CONTENT, SERVICES OR PRODUCTS. IF
THE USER DECIDES TO ACCESS THE THIRD PARTY WEBSITES, THEN HE/SHE SHOULD DO SO
AT HIS/HER OWN RISK. USE OF THE THIRD PARTY WEBSITE IS SUBJECT TO THE TERMS AND
CONDITIONS FOR SUCH SITES.
THIS SITE MAY FROM TIME TO TIME CONTAIN MATERIAL, DATA OR
INFORMATION PROVIDED, POSTED OR OFFERED BY THIRD PARTIES, INCLUDING BUT NOT
LIMITED TO ADVERTISEMENTSOR POSTINGS IN THE FORUM. YOU AGREE THAT NEITHER OUR
AFFILIATES NOR WE SHALL HAVE ANY LIABILITY, WHATSOEVER, TO YOU FOR ANY SUCH
THIRD PARTY MATERIAL, DATA OR INFORMATION.
THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT,
(B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO
THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
17. 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.
18. 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.
19. PRIVACY
Use of the Website and/or the Services is also governed by
our Privacy Policy.
20. CONFIDENTIALITY
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 part,
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
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
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
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
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 an 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.
21. MISCELLANEOUS
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 New Delhi, India.
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
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
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.
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.
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/Shahadra Officer of the Company Mrs Pooja singh: info@healthheartdiagnostics.in
We may further employ cookie technology to allow Users to
move more quickly through our Site. Cookies are small text files a website can
use to recognize repeat users and facilitate the User’s ongoing access to and
use of the Site. Generally, cookies do not come onto a user’s system nor do
they pose a threat to a user’s file. We cannot control the use of cookies by
advertisers or third party hosting data for us. In case a User does not want
information collected through the use cookies, most browsers allow the user to
deny or accept the cookies feature. House of Diagnostics can thus detect and
use your domain name or IP address for internal administration of the website,
internal traffic monitoring and capacity purposes only.
Links to third party sites
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.
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.
22. 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.
These ‘Terms of Use’ and ‘Privacy Policy’ of the Website
constitute a binding agreement between You and the Company, and is accepted by
You upon your use of the Website.