Terms and conditions
TERMS AND CONDITIONS
Welcome to our website. 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. If you disagree with any part of these terms and conditions, please do not use our website.
DEFINITIONS AND INTERPRETATIONS
The words "You" or "User" or "Your" or “Customer” as used herein refer to all individuals accessing or using the Website for any reason.
"Company" means Sharda Diagnostics or any of its Assignee, Successor, Affiliates or Group Companies.
"Registration Process" means the entire process which a Customer/User undergoes while registering himself on the Website
"Account" means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, 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.
"Fee" or ‘Price’ means the price prescribed by the Company for the Tests , Diagnostic Package or Profile and so on as notified on its Website from time to time.
"Services" means the services offered thru our Website as Test, Diagnostic Package or Profile and so on.
"Home Service" means the facility provided by the Company to facilitate sample collection or Any Service 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.
1. SERVICES AND USE OF WEBSITE
Sharda Diagnostics provides Services through the Website and facilitating the customers/ users to avail diagnostic test/ packages facilities through website. User agrees to use the Website and the materials provided therein only for purposes that are permitted by:
(a) this Agreement; and with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and
(b) User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Sharda Diagnostics will provide to the User basic support for the Services at no additional charge and will use commercially reasonable efforts to make the Services available, except for any unavailability caused by circumstances beyond Sharda Diagnostics 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..
Sharda Diagnostics may, at its sole discretion, suspend User’s ability to use or access the Website at any time, while Sharda Diagnostics investigates complaints or alleged violations of this Agreement, or for any other reason. If Users find any wrong information with respect to User Account on the Website in relation to such User, they can correct it themselves or contact Sharda Diagnostics immediately for such corrections. Sharda Diagnostics shall have no liability or responsibility in this regard.
Delivery of reports: Sharda Diagnostics 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. The Company shall endeavor to deliver the test report/s to the Customer, IF SO OPTED for by him/her within [Ten] 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. 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.
The Customer/s may also collect the reports by hand during working hours on the date mentioned on the receipt from the designated Company Facility
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.
Estimated Sample collection time and Report Generation Time:-
- Your sample collection will typically be done on the chosen date and time.
(b) Sometimes, sample collection may take longer due to bad weather, political disruptions and other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates
2. NON-TRANSFERABLE RIGHT TO USE THE SERVICES
3. PAYMENT, FEES AND TAXES
(a) The User agrees to pay all Package fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the Package that User purchases and not on actual usage of the Services.
(b) Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Sharda Diagnostics is in no way responsible for any of the taxes except for its own income tax.
(c) The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Sharda Diagnostics is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Sharda Diagnostics. The fees could also be paid offline and be either collected personally from the User.
(d) All fees are excluded of applicable taxes.
(e) Sharda Diagnostics reserves the right to modify the price or fee structure and service there on (Test or Profile or Package) on the Website which shall be considered as valid and agreed communication.
(f) In order to process the payments, Sharda Diagnostics might require details of User’s bank account, customer ID, credit or debit card number etc.
4. CANCELLATION AND REFUND POLICY
No refund will be given after 15 days from the day of service (Sample Collection or Report Generated / Service Delivered, whichever is earlier) is received / provided from /by the company. However, in case a written request for refund reaches the company within 15 days, subject to all terms and conditions being met successfully for such refund, the entire amount paid (without interest-subject to a deduction of 5% of total amount) towards administrative charges) will be credited to customer / user amount within a maximum of 30 days from date of confirmation of cancellation. The customer / user can contact us for any such request thru email [email protected]
In case of cash payment, the money will be transferred through Bank a/c NEFT or Cheque or 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.
5. COLLECTION AND CORRECTNESS OF PERSONAL INFORMATION
Sharda Diagnostics shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information provided by the User to Sharda Diagnostics or any other person acting on behalf of Sharda Diagnostics.
The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately inform Sharda Diagnostics of any actual or suspected unauthorized use of the User’s account or password. The customer / user can contact us thru email [email protected]
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sharda Diagnostics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sharda Diagnostics has the right to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IT (IG) Rules, Sharda Diagnostics hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that :
- Belongs to another person and to which the User does not have any right to;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time benign force;
(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonate another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Sharda Diagnostics Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Sharda Diagnostics;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
- copying or duplicating in any manner any of the Sharda Diagnostics Content or other information available from the Sharda Diagnostics Website.
- framing or hot linking or deep linking any Sharda Diagnostics Content.
Sharda Diagnostics may disclose or transfer User Information to its affiliates in other countries, and you hereby consent to such transfer. As per IT(SPI) Rules it permit. Sharda Diagnostics to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Sharda Diagnostics provided such transfer is necessary for the performance of the lawful contract between Sharda Diagnostics or any person on its behalf and the user or where the User has consented to data transfer.
- Sharda Diagnostics shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Sharda Diagnostics, where the User has consented to the making of disclosures by Sharda Diagnostics. The User shall not hold Sharda Diagnostics responsible or liable in any way for any disclosures by Sharda Diagnostics as per the IT (SPI) Rules.
- The Services provided by Sharda Diagnostics or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Sharda Diagnostics does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Sharda Diagnostics does not verify any content or information provided by the Users/ diagnostic centres on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Sharda Diagnostics Content, representations and warranties made by the Users/ diagnostic centres or the content or information provided by such Users/ diagnostic centres on the Website or any loss arising out of the manner in which the Services have been rendered.
- The Website may be linked to the website of third parties, affiliates and business partners. Sharda Diagnostics has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Sharda Diagnostics endorses the linked site. User may use the links and these services at User’s own risk.
- Sharda Diagnostics assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- In no event, including but not limited to negligence, shall Sharda Diagnostics, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by an User/ diagnostic centre to any User/ client. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1,000/-.
User agrees to indemnify and hold harmless Sharda Diagnostics, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of any intellectual property or other right of any person or entity.
9. TERM, TERMINATION AND DISPUTES
This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity. Sharda Diagnostics reserves the right to terminate this Agreement, in case:
- A User breaches any terms and conditions of this Agreement
- Sharda Diagnostics is unable to verify or authenticate any information provided to Sharda Diagnostics by a User; or
- Sharda Diagnostics believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Sharda Diagnostics or are contrary to the interests of the Website.
On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
Sharda Diagnostics reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Sharda Diagnostics is unable to verify or authenticate any information the User submits to Sharda Diagnostics, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Sharda Diagnostics to provide the Services to the User.
This Agreement and any contractual obligation between Sharda Diagnostics and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gautam Budha Nagar.
All disputes will be subject to arbitration in Gautam Budha Nagar in English by a single arbitrator appointed by Sharda Diagnostics under the Arbitration and Conciliation Act, 1996.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10. SEVERABILITY & WAIVER CONTACT INFORMATION
11. RIGHT TO MODIFY TERMS OF SERVICE
Sharda Diagnostics reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so that you are apprised of any changes made to this page. The User agrees that, during the period of this Agreement, Sharda Diagnostics may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services. Sharda Diagnostics has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
12. GOVERNING LAW AND DISPUTE RESOLUTION
13. ENTIRE AGREEMENT
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
THE INFORMATION THAT YOU OBTAIN OR RECEIVE FROM SHARDA DIAGNOSTICS AND ITS EMPLOYEES, CONTRACTORS, PARTNERS, SPONSORS, ADVERTISERS, LICENSORS OR OTHERWISE ON THIS WEBSITE IS FOR INFORMATIONAL AND SCHEDULING PURPOSES ONLY. THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON THE WEBSITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THE WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE FIND A TEST FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.