Conditions of Use
These terms of use set forth the standards of use for www.ganeshdiagnostictimes.com, located at https://www.ganeshdiagnostictimes.com, and all of its associated pages and websites. The link www.ganeshdiagnostictimes.com and all such associated pages and websites are collectively referred to herein as the “Website.”
The words “you,” “user,” or “your” as used herein refer to all individuals accessing or using the website for any reason.
By using the website, you represent that you have read and agree to be bound by the terms of this agreement, as well as any other guidelines, privacy policies, rules, and additional terms referenced herein, collectively referred to as “Terms of Use.” These Terms of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services (as defined below).
Please read these Terms of Service carefully. Your access to the website and/or use of the service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Use, do not access the website and/or use the service.
Definitions and interpretations
- Definitions
“Account” means the account successfully opened by the User on the Company’s website by adding information such as name, age, sex, contact details, user name, and password as required to be filled in the webpage during the registration process and including any further changes and additions to the information from time to time.
“Company” means Ganesh Diagnostic and Imaging Pvt. Ltd. or any of its assignees, incorporated under the Companies Act, 1956.
“Customer” means any user who accesses the website and completes the registration according to clause 6.
“Health Packages” means the exclusive and customised health diagnostic packages being offered by the company and any such other packages that the company may introduce from time to time through its web portal.
“Charges” means the price prescribed by the company for the health packages and services as notified on its website from time to time.
“Home Sample Collection” means the facility provided by the company to facilitate sample collection at the customer’s doorstep.
“Customer ID” means the unique identification identity allotted to a customer upon placing a request for booking the services or health packages.
“Registration Process” means the entire process which a customer or user undergoes while registering himself on the website in accordance with clause 6.
“Services” means the services as mentioned in clause 3.2.
“User” means any person who accesses the website. - Interpretation
Unless the context requires otherwise, references to recitals, clauses, and sub-clauses in this Agreement are to this Agreement’s recitals, clauses, and sub-clauses; headings are inserted for convenience only and are not to be used to define, interpret, or limit any of the provisions of this Agreement; references to the singular number include references to the plural number, and vice versa; words denoting one gender include all genders; and 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.
ELIGIBILITY
- You, if an individual, must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to 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 jurisdiction’s ab initio. By using the website and/or the services, you represent and warrant that you have the right, authority, and capacity to enter into these terms of use and to abide by all of the terms and conditions set forth herein. You further represent and warrant to the company that you will use the website in accordance with all applicable laws and regulations.
SERVICES - The use of this website entitles the user, whether a User or a Customer, to avail certain services as provided in the following clauses (the “Services”), and the interpretation of the term “Services” shall be done accordingly depending upon the context.
- The Users are entitled to the following Services:
- If You have not completed the registration process as described in clause 6, You may view snapshots of various health packages or other offers available on the Website. Home sample collection requests, customer feedback forms, and so on.
- If you completed the registration process as described in clause 6, and paid the fee, you are entitled to the following:
• to view thumbnails of various Health Packages or other offers available on the Website;
• to book one or more health packages or other offers;
• to choose home service (if available at the time), in which the company will send a sample collection executive to your door to collect the sample, or you may visit the company’s nearest centre to give the sample.
• to receive email, SMS, or phone calls that shall provide you with the customer ID, the health package’s details, and other details;
• to receive the test reports within the suggested time.
. - The services are non-transferable, i.e., only the person to whose name the health package is assigned at the time of booking will be eligible to avail of the services at our lab or through home collection.
- If a booking is made at any time during the business day, the company will make every effort to contact the customer the same day.
- The customer is required to carry a photo identification card, a copy of the invoice, and the customer ID or transaction number at the time of the visit to the lab or when availing of home service.
- You are advised to go through the list of instructions and guidelines that is provided by the company on its website, detailing the dos and don’ts before taking the various tests laid out in the health packages.
- The company may include additional terms and conditions with each health package or service, and in the event of a conflict with the Terms of Use or Privacy Policy, the terms and conditions included with the health package will take precedence.
- The company reserves the right to change the nature of the services as mentioned in clause 3.2 at its sole discretion. Such a change may be notified to the user or customer by publishing it 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.
a) for any unlawful purpose or in violation of any applicable law, regulation, international law, or laws of any other country; or
b) 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
c) that is defamatory, libellous, obscene, threatening, abusive, or offensive to Website users, such as content or messages that promote racism, bigotry, hatred, or any form of physical harm against any group or individual; or
d) that is false or misleading; or
e) that harasses or advocates harassing another person. - You are also prohibited from violating or attempting to violate the security of the website, including, without limitation, by:
- accessing data not intended for you or logging into a server or account that you are not authorised to access
- attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to a website, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing,” or
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- Specific Restrictions on Rights to Use: In addition to the above, you shall not:
a) modify, adapt, translate, or reverse engineer any portion of the website or services;
b) remove any copyright, trademark, or other proprietary rights notices contained in or on the website and/or service;
c) 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;
d) reformat or frame any portion of the web pages that are part of the website and/or service;
e) create user accounts by automated means or under false or fraudulent pretences;
f) create or transmit unwanted electronic communications such as “spam” to other users or customers of the website and/or service or otherwise interfere with other users’ or customers’ enjoyment of the website and/or service;
g) submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by the company or the website;
h) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
i) 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 which is deemed threatening or obscene;
j) copy or store any content available on the website for purposes other than your own;
k) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the company’s IT infrastructure;
WORK 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 that may involve such violations and to involve and cooperate with law enforcement authorities in prosecuting Users or Customers who are involved in such violations, as well as to take appropriate legal action.
REGISTRATION PROCESS - To be eligible to use the Services, the User must complete the registration process (the “Registration Process”) outlined below:
- The registration process involves the creation of a login ID by the user in accordance with clause 3.2.2.
- Registration is mandatory for the customers and requires them to provide certain basic information about themselves, such as their name, age, sex, email address, billing address, collection address, zip or postal code, and phone number, and accordingly create an account.
• Only after completing the registration process do the users become customers and are entitled to avail themselves of the services as mentioned in Clause 3.2, subject to payment of the fee.
• The Website may provide the facility of “masking,” which allows You to hide, keep confidential, or not fill in any information except those that are considered mandatory by the Company and will be indicated by asterisks. The company also reserved the right to seek additional information, even if you masked it, if it believes it is necessary.
• The customers understand and agree that the company may screen and verify the information provided by the customer or user and, at its sole discretion, increase the amount of information required for the registration process and may ask for further information even after the 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.
PAYMENT
• The company shall endeavour to provide the customer with facilities or gateways to pay the fee through UPI, credit cards (Visa and Mastercard), debit cards, cash cards, and internet banking.
• The User/Customer understands and agrees that the Services will only begin after money is realised in the Company’s accounts, if online payment is chosen by them.
• It is understood and agreed by the user/customer that payment mechanisms may be governed by separate or additional terms of use prescribed by the company.
• The company reserves the right to refuse or cancel any order placed for a product or package that is listed at an incorrect price. This applies whether the order has been confirmed and/or payment has been made by credit card. If the payment is processed by the company, it will be credited to your credit card account within 7-14 working days and you will be notified via email. If you wish to cancel or modify your order after it has been placed, you may do so subject to the applicable cancellation or modification fees.
• 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 mechanisms and the company.
• It is understood and agreed by the user/customer that, in no event whatsoever, the company shall have any responsibility or liability for any malfunctioning or defect in any payment procedure. Payment of the price shall be the sole responsibility of the user or customer.
• The company reserves the right to charge listing fees for certain listings, 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 or customer may be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing of the services through the website. Further, the company reserves the right to change the fees at its sole discretion without any prior notice to the customers or users.
REFUND AND CANCELLATION POLICY - The health package is valid for [7] days after the invoice is generated. After 7 days, the customer shall not be entitled to make a claim for services, and the company shall have the right to forfeit the fees already paid in such a case.
- Cancellations will be accepted only if the customer notifies the company within 72 hours of booking. In the event of a cancellation or refund, the customer should contact us at [email protected].
• The refund amount will be sent to the respective debit card, credit card, or account from which payment was made, and the amount will not be refundable by any other mode.
MODIFICATION OF TERMS OF USE
- You understand and agree that these Terms of Use, the Website, and the Services can be modified by the Company at its sole discretion at any time without prior notice and that such modifications will be effective upon the adoption of such new terms and/or upon the implementation of the new changes on the Website. You agree to review the Terms of Use regularly so that you are aware of any changes, and the Company will not be liable for any loss You incur as a result of your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements, or modifications to the website or service implemented after your initial access to the website or use of the service shall be subject to these Terms of Use.
MAINTENANCE
The Company reserves the right, at its sole discretion and without assigning any reason, to deactivate or suspend the User’s or Customer’s access to the Website and/or the Services (as applicable) at any time for system maintenance, upgrades, testing, repairs, or other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to repay the User for any loss or damage or costs or expenses that the User may suffer or incur, and no fees or charges payable by the User to the Company shall be deducted, refunded, or rebated as a result of such deactivation or suspension.
OWNERSHIP
Any material, content, logos, or marks on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the company or its licensors. You acknowledge that the Website and any underlying technology/software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or undeclared rights to use, in any manner whatsoever, the content, marks, logos, and/or materials available on the Website.
COPYRIGHT DISPUTE POLICY
The Company has adopted the following general policy toward 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, 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 the ground of such infringement.
DISCLAIMER
- The company’s website 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, 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.
- 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 experts, our goal is to assist you in understanding the purpose of laboratory tests and the general meaning of your laboratory results.
- 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 secured or error-free, that defects will be corrected, or that the services and access to the website are virus free or free of 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 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.
- You must communicate with your doctor so that together you can integrate the relevant information, such as age, ethnicity, health history, signs, and symptoms. Pathology and other radiology procedures, to determine your health status. The information provided through this service is not intended to substitute for such consultations with your doctor or medical advice particular to your health condition.
- Disclaim any liability arising out of your use of this service or for any adverse outcome from your use of the information provided by this service for any reason, including but not limited to any misunderstanding/misinterpretation of the information provided through the service. Any specific advice/opinion in any part of the report is/are the personal opinion of such experts and is not subscribed to by this website. further, it shall be the sole responsibility of the users/customers to provide any information and/or disclose true and correct information about their medical history at the time of subscribing to the services and the company does not take any responsibility for the accuracy/validity/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/customer.
- Since the company acts only as a service portal for the users/customers, it shall not have any liability whatsoever for any aspect of the payment between the third party and the customer/user. In no event shall the company be liable for any direct, indirect, penal, incidental, consequential damages or any other damages resulting from:
• The use or the inability to use the services
• Unauthorized access to or alteration of the transmissions or data of users
• 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, 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 the 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 reasons beyond the company’s control. The user/customer understands and agrees that any data downloaded or otherwise obtained through the website is done entirely at their own 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 data.
- These limitations, disclaimer of warranties, and exclusions apply without regard to whether the damages arise from:
• Breach of contract
• Breach of warranty
• Negligence
• Any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.