2. ACCEPTANCE OF TERMS
3. LICENSE TO USE
(1).Account Creation on Website
You need not register with the Company to simply visit the Center or view the Website, but for availing the services of the Company and to access and participate in certain features of the Website (“Account“). To create an account, You must submit Your name, email address, age, gender, and such other details as may be requested through the Account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but shall be helpful to the Company in providing You with a more customized experience when using the Platform. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform.
You will need to create a password-protected account specified above and You are solely responsible for safeguarding Your password and, if applicable, Your password on the third-party sites referenced above (collectively, “Password/s“) and You shall keep Your Passwords secure at all times. You can, and are advised to, change Your Passwords from time to time in order to keep Your Account and Your interactions secured within the Website. You may register for an Account using Your existing Facebook, Google or any other account integrated by the Company with the Website and their respective log-in credentials. You shall be solely responsible for all activity that occurs on Your Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account without the Company’s permission. You may also login from time to time or change or update Your information by receiving the one-time-password (“OTP”) on Your registered e-mail id and phone number.
In the event that You forget Your Password to the Account, then You may use the “Forgot Password” tab on the login page to receive an OTP on the e-mail id and phone number used by You for registration. It will be Your sole responsibility to maintain the confidentiality and security of any OTP to avoid any misuse of Your Account. You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc. (whether direct or indirect) caused by unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use.
Upon registration and creation of the Account, each User will have access to a page which will provide the profile of such User (“Profile”), which will contain up-to-date information, including allowed personal information of the User.
A User shall be entitled to delete the Profile and the information provided therein; provided that such deletion or deactivation shall be limited to such information available on the Website only and not on the servers or backend systems maintained by the Company. A User who has deleted or deactivated his Profile can activate such User’s profile by writing to the email@example.com, subject to any other conditions imposed by the Company for such reactivation. User acknowledges and agrees that User shall not be allowed to delete any transaction details including but not limited to invoice, bank details, financial information or any other information which are required for compliance under the applicable law or for reconciliation by the Company, banks, payment gateways or financial institutions. User hereby expressly consents and agrees to waive any right, whether under law or contract, which may compel the Company to delete such data.
(3).Account Policies Applicable to Website
You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):
The Company, through the Website, provides for various communication channels including but not limited to User profile, Comments sections, Addresses etc. between the Users and the Company. During Your use of any communication channel on the Website, You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, images, video, sound, data, information, files or software, (“Content”) to any part of the Website, including Your Profile, or the posting of any opinions or reviews in connection with the Website, that:
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by You to or through the Website.
Notwithstanding the generality of the foregoing, You will not make Postings or send messages to other Users containing:
As a participant in the Website, You agree to use careful, prudent, and good judgment when Posting any feedback for the Website or any other User (“Feedback”). The following actions constitute inappropriate uses of Feedback:
If You violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Website or to any other User of this Website. The list provided hereunder is illustrative and not exhaustive:
In the event of any inappropriate use of the Feedback provisions provided hereunder, You may contact the Company regarding any such inappropriate use of Feedback via-email at firstname.lastname@example.org through the report abuse button provided on the Website by providing detailed reason on the inappropriateness of the Feedback.
In the event of any dispute between Users of the Website concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Website concerning Feedback, the Company has the right, in its sole and absolute discretion, to remove such Feedback or take any action it deems reasonable without incurring any liability therefrom.
Disclaimer: The Company does not and cannot review every Posting posted to the Website. These prohibitions do not require the Company to monitor, police or remove any Postings or other
6. RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER
8. INTELLECTUAL PROPERTY RIGHTS
The Content on the Platform (exclusive of all Content submitted by You, except to the extent mentioned below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
Company Data on the Platform is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. You agree not to use, copy, or distribute, any of the Company Data or Marks other than as expressly permitted herein. If You download or print a copy of any Company Data for personal use, You must display all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Company Data or enforce limitations on use of the Platform or the Company Data therein.
The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
You acknowledge and understand that the technical processing and transmission of the Platform, including the Content submitted by You, may involve (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove such Content submitted from the Platform at any time. However, the Company may continue to retain or store such Content submitted by You in its or third-party servers or systems and use such Content in the manner provided herein above.
However, You will not submit, upload, share or Post, or provide as feedback, anything on or through the Platform as Your Content, which:
You hereby give consent to the Company and its affiliates to use the information in your reports or other information for research purpose.
The Company does not endorse any Content, Posting or Feedback or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Content submitted by a User. In the event of any infringement of any intellectual property rights in the Content submitted by You as Posting, Feedback or any article, then, the Company, at its sole discretion, will remove such content, whether notified or suo motu. The Company reserves, at its sole discretion, the right to remove any Content without prior notice. The Company may also terminate a User’s access to the Platform, if such User is ascertained to repeat such infringement.
You acknowledge and understand that when using the Platform, You will be exposed to Content shared by the Platform and other Users of the Platform, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content from other sources. You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of Users who infringe upon the intellectual property rights of Company or any third party.
9. TERMS RELATED TO PAYMENTS
For each service provided by the Company, the Company shall raise an invoice on the Platform. Each User undertakes and agrees that all payments to be made for the services obtained under or through the Platform shall be made using a payment gateway system provided in the Platform. The User shall make the payment to the Company immediately after placing the request for the Services. Any User to make or receive the payments shall be subject to the terms, conditions, and policies of the payment gateway, the bank maintaining the Nodal Account or Company Account and bank maintaining the User’s designated bank account.
In addition to the other facilities available on the Platform, a User of the Platform shall be provided with the following facilities through the Profile maintained by such User on the Platform:
As state and local tax laws vary significantly, You understand and agree that You are solely responsible for determining Your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to any User. Further, You understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a User for receipt of any services provided through the Platform.
The Company reserves the right to charge fees for any other services at its sole discretion and the User is advised to check for such fees prior to availing of services from the Company. The payment charged to the User shall be inclusive of applicable taxes including where applicable goods and services tax (“GST”).
If due to some reason, the samples could not be processed at the laboratory, the user will have a choice to ask for a re-sample collection or a complete refund. Humain health will bear all the costs for a re-appointment for sample collection or provide the refunds for the test (within 7 working days), as requested by the user.
Company shall process the cancellation or refund request from the Customer as per the below mentioned terms and conditions –
Company shall process the cancellation or refund request from the Customer as per the below mentioned terms and conditions:
12. YOUR REPRESENTATIONS AND WARRANTIES
13. DISCLAIMER OF WARRANTIES
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through the platform, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an “as is”, “as available” and “where is’ basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or content posted, emailed, transmitted, or otherwise made available via the platform. The company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisements. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The company may publish medical information on the platform which shall be merely information and not advice. If users need medical advice, they should consult a doctor or other appropriate medical professional. the company does not give any warranty with respect to the medical information posted on the platform, and that no liability shall accrue to the company in the event that a user suffers loss as a result of reliance upon the information. the medical information published on the platform is provided as an information resource only and shall not to be used or relied on for any diagnostic or treatment purposes. such information does not create any patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. the company expressly disclaims responsibility and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on the platform. the information on the platform is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. all content, including text, graphics, images, and information, contained on or available through the platform are for general information purposes only. the company makes no representation and assume no responsibility for the accuracy of the information contained on or available through the platform, and such information is subject to change without notice. you are encouraged to confirm any information obtained from or through the platform with other sources, including your own physician, and review all information regarding any medical condition or treatment with your physician.
The company through registered doctors offers consultation services to its customer. any damages or claims which may arise due to such consultation shall be between the doctors and the customer. you agree that the company is only providing a platform to the doctors and customer for providing and receiving services. the company shall not be liable to you for any such claims or damages at any time.
14. LIMITATIONS OF LIABILITY
In no event shall the company, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever resulting from any:
(i) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or content;
(ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party;
(iv) any interruption or cessation of transmission to or from the platform; (v) any errors or omissions in any data, content, information, materials or substance of the platform or content;
(vi) any defamatory, offensive, or illegal conduct of any third party or user; (vii) use of any data, marks, content, information, materials or substance of the platform or content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total aggregate liability of the company, or any of the above-referenced respective parties, arising from or relating to the platform, and/or content exceed the total amount of fees actually paid to the company by you with respect to the service under which such liability arose.
15. INDEMNIFICATION AND RELEASE
16. MODIFICATIONS TO OR TERMINATION OF PLATFORM
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by the Company.
You may cancel Your use of the Platform and/or terminate the relationship with or without cause at any time by sending an email on “email@example.com” with a subject line “Termination of account”.
Upon termination of Your Account, Your right to participate in the Platform, including, but not limited to, Your right to obtain services shall automatically terminate. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
Unless the Company has previously canceled or terminated Your use of the Platform (in which case subsequent notice by the Company shall not be required), if You provided a valid email address during registration, the Company will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
We may use third-party advertising companies to serve ads when you visit our Website(s). These companies may use information (not including your name, address, email5address, or telephone number) about your visits to the Website(s) in order to provide advertisements about goods and services of interest to you.
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above and for promotion of goods and services of the Company, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.