- You understand and agree that the Company or the Platform may review any content and in case the Company finds, in its sole discretion, that the User violates any terms of this Agreement, the Company and/or the Platform reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Platform and/or terminating the membership of such violators and/or blocking their use of the Platform and/or Service.
- The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/Customers who are involved in such violations.
- The Company shall endeavor to provide the Customer with facilities/gateways through third party service providers to pay the Fee through credit cards, debit cards, cash cards and internet banking. 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.
- It is understood and agreed by the User/Customer that the Services/report delivery may only commence after realization of money in the accounts of the Company in case online payment is being opted for by them.
- The Company reserves the right to refuse or cancel any order placed for a Service/E-health package that is erroneously listed at an incorrect price. This shall be regardless of whether the booking has been confirmed and/or payment has been levied . In the event the payment has been processed by the Company, the same shall be credited to your source account within 7-14 working days and duly notified to you by email.
- Payment of the Fees shall be the sole responsibility of the User/Customer. The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Platform.
- 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 Platform or any other fee.
- A specific home collection fees will be levied in cases of availing services of home collection.
- The Company further reserves the right to alter any and all fees from time to time, without notice.
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. Cancellation in certain cases might be acceptable only if the Customer informs the Company prior to 24 hours of scheduled collection time. The Company has no refund policy for Services once they are duly rendered. The Customers can contact us through e-mail id or customer care in case of cancellation.
The Company shall endeavor to release the test report/s to the Customer if so opted for by him/her within prescribed turnaround times. Please allow the minimum time required for processing as specified for the test. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. If the Customer has made partial payment against the desired Services to be availed, in such circumstances, the Company will not release the test reports until the complete Fees is received by the Company. Company does not deliver the reports on Sundays and Public Holidays in India. The Customer may also collect the reports by hand during working hours on the date mentioned on the receipt from the designated collection Centre/branch of the Company. The test reports may also be displayed on the Website within the prescribed period and You may track the same by entering your Lab ID/ UNIQUE ID/Booking ID.
You understand and agree that these Terms of Use for the Platform and the Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Platform. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Platform or Service implemented after your initial access of Platform or use of the Service shall be subject to these Terms of Use.
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 Platform 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. 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. Dr Dangs Lab shall not be held responsible for non-availability of the Platform during periodic maintenance operations.
These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Platform for all Users. For Customers, the Terms of Use shall commence from the time the registration Process is concluded as per clause 4 of this Agreement and shall be valid until terminated as provided below or till the time the Account is maintained. 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 or company transitions to a new Platform/server/software 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,
- the User has breached any of the terms and conditions of this Agreement or/and the Terms of Use; 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 of Services / Platform to the User for any reason.
If the Terms of Use is terminated pursuant to clauses set out in clause 12 above, without prejudice to any other remedies available to the Company, you shall not be refunded whether a part or whole of the Fee.
Any material, content or logos, marks, software on or part of the Platform and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensor. You acknowledge that the Platform and any underlying technology or software on the Platform 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, software, marks, logos, and/or materials available on the Platform in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Platform.
Dr Dangs lab does not control, endorse, or accept responsibility for any services offered by third parties accessible through the Platform or any linked sites. Dr Dangs lab makes no representations or warranties whatsoever about, and shall not be liable for, the vendor or any such third parties, their products, or services, including representations relating to non-infringement of third-party intellectual property rights. All the contents of this Platform 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. The Information on the Platform or on the lab reports/smart reports is for the basic understanding of the tests and their clinical utility, should under no circumstances be considered for clinical decision making without the clinical correlation and advice of your treating physician. Most of the tests are screening tests and their clinical correlation is mandatory along with reports of other tests, the clinical history, age, sex, ethnicity, history of contact, travel etc. Also, radiological findings, procedure related findings and findings of other ancillary tests should be considered before coming to the final diagnosis. Please always show your reports to your physician and take expert clinical opinion before starting any medication/management and making a diagnosis. Dr Dangs Lab disclaims 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 or misinterpretation of the information provided through this service 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 Platform. 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 for the Services and the Company does not take any responsibility for the accuracy or validity or truth of the report posted on the Platform 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, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services;
- unauthorized access to or alteration of the User's transmissions or data;
- 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 Platform. Neither shall the Company be responsible for the delay or inability to use the Platform or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform 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 Platform 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
- breach of contract,
- breach of warranty,
- negligence, or
- any other cause of action,
to the extent such exclusion and limitations are not prohibited by applicable law. Dr Dangs Lab 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 Platform or any Services or materials, either with or without your knowledge. Any feedback You provide to this Platform shall be deemed to be non-confidential. Dr Dangs Lab shall be free to use such information on an unrestricted basis.
Further, by submitting the feedback, You represent and warrant that
- Your feedback does not contain confidential or proprietary information of You or of third parties;
- Dr Dangs Lab is not under any obligation of confidentiality, express or implied, with respect to the feedback;
- Dr Dangs Lab may have something similar to the feedback already under consideration or in development; and
- You are not entitled to any compensation or reimbursement of any kind from Dr Dangs Lab for the feedback under any circumstances.
You hereby expressly agree to receive communications from Dr Dangs Lab by way of SMS/WhatsApp, e-mails and other mediums related to the services provided. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call or above listed communications from Dr Dangs Lab.
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.
You agree to indemnify, defend and hold harmless Dr Dangs Lab including but not limited to its affiliate vendors, 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 Dr Dangs Lab 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 of Use. Further, You agree to hold Dr Dangs Lab harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall Dr Dangs Lab, its officers, directors, doctors, 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 Dr Dangs Lab has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or any other claim arising out of or in connection with Your use of or access to the Platform, Services or materials.
You are agreed that Dr. Dangs Lab shall not be liable in the case of delay in performance or non-performance of any of its obligations under this Agreement if such is restricted, delayed or interfered with, due to circumstance beyond the reasonable control of such party, including but not limited to, government legislations, fires, floods, explosions, epidemics, pandemics, lockdowns (partial or complete), accidents, acts of god, wars, riots, strike, lockout, or other concerted acts of workmen, acts of government or shortage of materials
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. 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. All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms of Use. Notwithstanding anything contained in the terms of the Use, the User/Customer gives his unconditional consent to the Company that it may sell or license or permit third parties to use such data or information. The Company reserves full rights to use this data for publications/research related projects/medical product/software-based developments. The User has access to only his own data and information stored in the database at Platform (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 Platform to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use 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. All use of information of a User shall be governed by the Privacy Policy of the Company, which is deemed to be read, understood, and accepted by the User, if the User continues to avail the Services and use the Platform.
This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.