"Account" means the account successfully opened by the User either as a guest user or registered user on the Company’s Website by inserting information such as name, email-id, DOB, address, Dr Name, sex, contact details, user name, password as required to be filled in the webpage during the registration process or profile creation and includes any further changes and additions to the information from time to time.
- "Company" means Mantra iHealth Private Limited incorporated under the Companies Act, 2013.
- "Customer" means any User who accesses the Website to avail health services offered by 3rd party healthcare service providers pursuant to the terms and condition of the Agreement.“
- "E-Health Packages"means the exclusive and customized health services offered by 3rd party healthcare service providers (Diagnostic labs, Dental Clinics, Hospitals etc.) and further Company is not responsible for providing any E-Health Packages
- Feemeans the price listed by the Company for the E- Health Packages/Services as notified on its Website from time to time.
- Home Servicemeans the facility provided by the 3rd party healthcare service providers to facilitate sample collection at the Customer’s door step.
- Order IDmeans the unique identification identity allotted to a Customer upon placing a request for booking the Services/E-Health Packages.
- Servicesmeans the services as mentioned in clause 4
- Usermeans any person who accesses the Website either as the guest user or registered user.
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.
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 and Conditions 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.
- 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 services provided by Company on the website and off the website are provided for the convenience of User. THESE SERVICES ARE NOT MEDICAL ADVICE. THESE SERVICES ARE NOT INTENDED TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. Company attempts to be as accurate as possible. The information available on the Web Site is presented in a concise format and is provided for informational purposes only. It does not intended in any way to be a substitute for professional medical examination or assessment of a patient's condition.
- The content on Website/Mobile app etc. should not be used for diagnosing a medical or health condition. Please carefully read all information provided by the manufacturers / services providers of any products/ services advertised or promoted on Website and displayed on or in the associated product packaging and labels before purchasing and/or using such products. If you have or suspect that you have a medical problem, you should contact your professional healthcare provider. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any Content provided on or through the Web Site. Reliance on any such Content is solely at your own risk.
- No Doctor Patient Relationship No licensed medical professional/patient relationship is created by using information provided by or through the use of the site or through any other communications from website (including but not limited to emails, phone support), links to other sites or any assistance we may provide to help you find an appropriate medical professional or specialist in any field. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Furthermore, we do not in any way endorse any individual or products described herein. 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. We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting here from, or for any other injury resulting from the use of the Site or Services whatsoever).
- The Users are entitled to the following Services:
- If You have not completed the registration as per clause 7, You are entitled:
- to view the snapshots of various E-Health Packages or other offers being offered by 3rd party healthcare service providers on the Website;
- to book one or more E-Health Package/s or other offers from 3rd party healthcare service providers on the payment of Fee as Guest User;
- to receive email/sms/phone calls/letters which shall provide You with the Order ID, the E-Health Package’s details and the other details
- If You have completed the registration as per clause 7, You are entitled:
- to view the snapshots of various E-Health Packages or other offers being offered 3rd party healthcare service providers on the Website;
- to book one or more E-Health Package/s or other offers from 3rd party healthcare service providers on the payment of Fee;
- to receive email/sms/phone calls/letters which shall provide You with the Order ID, the E-Health Package’s details and the other details;.
- The Services are non-transferable i.e. only the person on whose name the E-Health Package is assigned at the time of booking will be eligible to avail the Services.
- In case of a booking User will be able to select preferred time slots and do the booking. Company will make best attempts to communicate any changes.
- 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 3rd party healthcare service provider.
- You are advised to go through the list of instructions/guidelines, if any, that is provided by the Company on its Website detailing the dos and don’ts before availing the services listed on the Website.
Although Company will make best effort to educate the customer about the dos and don’ts before taking the various tests laid down in the E-Health Packages, Users are advised to contact 3rd party healthcare providers to understand these requirements. Company will not be liable for the correctness of this information provided on its website.
- The Company reserves the right to change the nature of Services as mentioned in clause 4 at its sole discretion. Such change may be notified to the User/Customer by publishing the same on the Website.
- 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.
- (c) 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/Users 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;
- 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/Users who are involved in such violations.
- 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 creation of a login id and password by the User. These are your credentials for accessing the Services that are only available to members ("Credentials"). User should keep your Credentials private and not share your Credentials with anyone else. User are responsible for notifying us if your password has been hacked or stolen. Company is not responsible for any damages arising due to stolen/hacked passwords.]
- Registration is not mandatory for the Users and although User need to furnish 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.
- Users become Users and become entitled to avail the Services as mentioned in the Clause 4, subject to payment of the Fee.
- 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 Users 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.
- The Company shall endeavour to provide the Customer with facilities/gateways to pay the Fee through credit cards (American Express, visa and mastercard), debit cards, cash cards and internet banking;
- 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.
- The Company reserves the right to refuse or cancel any order placed for a product/package that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7-14 working days and duly notified to you by email. Once the order has been placed and in case You wish to cancel/modify the same You may do so subject to cancellation/modification charges as prescribed.
- 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 to change the Fees upon its sole discretion without any prior notice to the Users/Users.
- Company can also provide an option where customer pays directly to the 3rd party healthcare service provider. In such a case, Company should not be held responsible for any sought refunds from the service provider.
- REFUND AND CANCELLATION POLICY
- The E-Health Package is valid for the time slot booked by the customer. After the expiry of booked time slot, 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. 3% cancellation charges will be applicable on the total amount of invoice. The Customer can contact us through e-mail id, firstname.lastname@example.org 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 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
- TERM AND TERMINATION
- 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 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.
- LIABILITIES UPON TERMINATION
- 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
- 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;
- 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 SERVICE AVAILED BY THE CUSTOMER/USER.
- 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 E-HEALTH PACKAGES BETWEEN THE THIRD PARTY AND THE CUSTOMER/USER;
- 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.
- 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.
- 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.
- For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the “Disclosing Party”) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public;
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party;
- 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.
- 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.
- Waiver - Failure by the Company to exercise any right or remedy under these Terms and Conditions 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 Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Website or may mail to email@example.com;
- Links to third party sites
- This Web Site contains hyperlinks to other Web sites controlled by parties other than Mantra ihealth. Mantra ihealth is not responsible for and does not endorse the contents or use of these Web sites. 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.