This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms 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.
1. GENERAL
The link www.thyrocare.com and all such associated pages and websites (collectively hereinafter referred to as “Website”) is an internet-based portal run, operated and maintained by Thyrocare Technologies Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 1965, having its registered address at Office D-37/1, TTC Industrial Area, MIDC, Turbhe, Navi Mumbai- 400703, Maharashtra, India.
For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to Our Website, agrees to become a customer on the Website or avails to avail any of our services (defined hereinunder), through the website or otherwise.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). Please read these Terms carefully. Your access to Website and/or use of services constitutes Your acceptance of all the provisions of these Terms. If You are unwilling to be bound by these Terms, do not access Website and/or use the services.
The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.
By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.
2. SERVICES
The Company offers diagnostic and healthcare services to Users, including but not limited to collection of samples, conducting tests and generating test reports (“Services”) through the following modes (“Modes”). Your transactions with the Company through any of the following modes shall be governed by these Terms.
a. Website: The Website is a platform that facilitates the online requisition by the User for Services offered by the Company. You may opt for home collection service (if available at that period of time) wherein the Company shall send its representatives to your given address for sample collection or You may visit the nearest center (at which the service is currently available) of the Company to give the sample. The Company may also facilitate certain tests from third-party partner labs (“Partner Labs”) in which case the Company’s role will be limited to connecting You with the Partner Labs. The Company will not be responsible for delayed performance, non-performance or breach of contract by Partner Labs and the Company shall have no liability with respect to the tests conducted and reports generated by Partner Labs.
b. Collection Centers: The Company has a network of third party authorized collection centers (“ACC”). You may visit any ACC for sample collection. The Company shall not be responsible for samples collected by an ACC, delayed performance, non-performance or breach of contract by ACC and the Company shall have no liability with respect to the content (including test description and images made available by an ACC. The Company, on receipt of valid and acceptable samples from an ACC shall conduct the tests and generate reports as per these Terms.
c. Third-party websites/applications: The Company may list its services on third-party websites/applications. The Company shall not be liable for delayed intimation of orders, non-performance or breach of contract by such third-party websites. 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 third-party websites. The Company, on receipt of a complete order from such third-party websites shall send its representatives to the given address for sample collection and shall conduct the tests and generate reports as per these Terms.
d. Telle-calling: You may choose to avail Services offered by the Company by reaching out to the Company’s Customer Relationship Management team. On receiving your order, the Company shall send its representatives to your given address for sample collection or You may visit the nearest center (at which the service is currently available) of the Company to give the samples.
3. SAMPLE COLLECTION AND TESTING
- a. You are solely responsible for the medical, health, and personal information provided to the Company.
- b. Users are 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 a lab or when availing home collection service.
- c. 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.
- d. In the event the Company’s representative does not reach your premises for sample collection in the chosen time slot, You shall electronically notify Company using the appropriate Company’s Website features or though tele-calling immediately.
- e. The Company may put further terms and conditions with every test or package and in case of any conflict with the Terms or Privacy Policy, the term and conditions put specifically with the test/package shall prevail.
- f. You agree that there might be technological/logistic/unforeseen circumstances that might lead to delay or cancellation of home collection for which appropriate resolution either as rescheduling/ refund shall be provided.
4. REPORTS
- a. The test results obtained serve only as an aid to diagnosis and should be interpreted in relation to the patient's history, physical findings and other diagnostic procedures. It is highly advisable to correlate/interpret these reported results with Your clinical conditions, and it is best done by registered medical practitioners.
- b. It is presumed that the tests performed on the specimen belong to the patient named or identified. Should the results indicate an unexpected abnormality, the same should be reconfirmed. Only such registered medical professionals who understand reporting units, reference ranges and limitations of technologies should interpret results. This report is not valid for medico-legal purposes.
- c. The Company shall not assume any liability, responsibility for any loss or damage that may be incurred by any person as a result of presuming the meaning or contents of a report. The Company shall not be liable for misdiagnosis /faulty judgment/interpretation error/perception error of a report by the User, any registered medical practitioners or other third-party.
- d. You agree that results of tests may vary from laboratory to laboratory and also in some parameters from time to time for the same patient. The Company will not be liable to justify or provide explanation for any contradictory reports received from any other laboratory.
- e. The Company uses industry standard technology for conducting tests to ensure accuracy of reports and timely delivery of reports. However, in the event of any technical, operation, logistic, unforeseen issues, there may be delay or inaccuracy in reporting or inability of the Company to issue the report. In such circumstance, the Company shall provide appropriate resolution either as re-testing or refund. In the event You have booked a package of tests, the re-testing or refund shall be applicable only for the tests wherein the report has not been issued. The Company retains the sole discretion to determine the cost of the individual tests.
- f. As part of the Services provided by Us, the Website may provide editorial content targeted at the public for informational purposes only and such editorial content does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Users are requested to carefully read the Editorial Policy.
5. ELIGIBILITY OF USE
The Services though the Website or through other Modes is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Services shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Services through the Website or through other Modes. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by the Website or through other Modes, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Services if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the Services offered to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same. You shall not have more than one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your account to another party.
6. USER ACCOUNT, PASSWORD AND SECURITY FOR WEBSITE
Company shall enable You to make the requisition of Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account (“Account”) through Company ID and password or other log-in ID and password, which can include a gmail, yahoo ID or any other valid email ID (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance of applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 6. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User’s Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
7. PRICING INFORMATION AND PAYMENT
Company strives to provide You with the best prices possible for the Services availed by You. The pricing details for purchase of Products from the Website are detailed under these Terms. Further:
- i. You, as a User, understand that upon initiating a requisition for Services, You are entering into a legally binding and enforceable contract with the Company to avail the Services on a cash or card basis or such other mode as may be specified by Company.
- ii. Refund, if any, shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
- iii. Refund shall be subject to User complying with these Terms.
- iv. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
- v. The User acknowledges that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions.
Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.
The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
8. USER OBLIGATIONS
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and avail the Services provided herein. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with these Terms. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which;
- Belongs to another person and to which the user does not have any right;
- Is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
- Is harmful to a child;
- Infringes patent, trademark, copyright or other proprietary or intellectual property rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents the investigation of any offence or is insulting to other nations;
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph;
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users. You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
9. NOTICE AND TAKEDOWN
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at complaints@thyrocare.com. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
10. RISKS ASSOCIATED WITH COMPANY’S SERVICES
You abide by these Terms, Privacy Policy and any other Company Policy by using the Company’s Services. The test results only serve as an aid to diagnosis and should be interpreted in relation to the patient's history, physical findings and other diagnostic procedures. The Company strongly encourages You to be in touch with registered medical practitioners’ for interpretation of test reports.
You acknowledge and agree, by availing Services from the Company, that-
- a. The advice/information/opinion on diagnosis You may receive could be limited and provisional;
- b. The test reports are not intended to replace a diagnosis by a registered medical practitioner;
- c. You agree that results of tests may vary from laboratory to laboratory and also in some parameters from time to time for the same patient. The Company will not be liable to justify or provide an explanation for any contradictory reports received from other laboratories;
- d. Certain reports may be reliant on information provided by You, and hence any information demonstrated to have been falsified, misleading, or incomplete will immediately render the report and all details therein null and void;
- e. In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
- f. Delays in medical evaluation and answers could occur due to deficiencies or failures of the Service as per those mentioned in these Terms.
11. USE OF MATERIALS
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:
- a. You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter service catalogues or any other materials available on the Website or elsewhere;
- b. You may not distribute or sell, rent, lease, license, or otherwise make the service catalogues or any other materials available on the Website or elsewhere available to others; and
- c. You may not remove any text, copyright, or other proprietary notices contained in the service catalogues or any other materials available on the Website or elsewhere.
The limited rights granted to You in the service catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The service catalogues or any other materials available on the service shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website is the property of Company or third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company. Any purchase of Services from the Website or other modes will be strictly for personal use of the User.
12. USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person.
13. INTELLECTUAL PROPERTY RIGHTS
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Thyrocare”, domain name “www.thyrocare.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
14. REFUND AND CANCELLATION
We offer refund on cancelled orders and cancellation of orders with a minimum notice of 24 hours which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy (“Return and Refund Policy”). The Refund and Cancellation Policy forms an integral part of these Terms and the Users are requested to carefully read the same.
15. ADVERTISEMENTS
As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.
a. For Users: The Website clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to applicable laws, these Terms (except the editorial policy) and the Privacy Policy.
b. For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.
c. General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the Services will meet your requirements or your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the Services shall create any warranty not expressly stated in the Terms.
b. To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
c. Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities 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, 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 Company's control. The User understands and agrees that any material 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 or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. The advertisement available on e-mail or Website with respect to the third-party website or the Products are for information purpose only. You expressly agree that Your use of the Website is at Your risk.
d. 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, 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 the Services is not intended to substitute for such consultations with your physician nor medical advice specific to Your health condition. We disclaim any liability arising out of Your use of Services or for any adverse outcome from Your use of the information provided for availing Services for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided through the Services. 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 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/false information having been provided by the User.
17. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered by and between Users and third-party ACC or third-party websites. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third-party ACCs or websites. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
18. VIOLATION OF TERMS
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.
19. TERMINATION
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
- a. You breach any of the provisions of the Terms, the Privacy Policy, or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
- b. Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- c. The provision of the Services to You, by Company is, in Company’s opinion, no longer commercially viable;
- d. Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- e. Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
20. GOVERNING LAW
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
21. REPORT ABUSE / GRIEVANCE REDRESSAL
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team. If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our Grievance Redressal Officer at:
22. PRIVACY POLICY
Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You. Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.
23. COMMUNICATIONS
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Services offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:
- Visiting www.thyrocare.com to unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
24. GENERAL PROVISIONS
Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to legal@thyrocare.com.
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.