This Agreement will come into effect from the date You click the “I AGREE” button (“Effective Date”).
The Services are not available to minors under the age of eighteen (18). If You do not conform to the above qualification, You shall not be permitted to avail of the Services or to use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Vijaya through Your legal guardian in accordance with the applicable laws. Vijaya reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- The use of this Website entitles the User, whether a User or a Customer, to avail of certain services as provided in the following clauses (“Services”) and interpretation of the term “Services” shall be done according.
- If You have completed the registration as per clause 5, on the payment of Fee, You are entitled:
- to view the snapshots of various Health check Packages or other services/offers being offered on the Website;
- to book one or more Package/s or other services/ offers;
- To opt for samples’ Home Collection Service (if available at your location).
- You/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 Lab/centre or when availing Home Service. All pre-tests requirements are required to be followed by You. You are advised to go through the list of instructions/guidelines that is provided by VIJAYA on its Website or consult a doctor for the same.
- We are not responsible for the accuracy or completeness of information available from or through our site; hence request you to keep the copy of the same with you during the term of your agreement with us or as directed by us. You assume full risk and responsibility for the information/reports or use of information you upload on or through this site, and you agree that VIJAYA is not responsible or liable for any claim, loss, or liability arising from the use of the information. We and our associates disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by you for any purpose.
- 3. Restrictions on Rights to Use:
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 another 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/customers of the Website and/or Service or otherwise interfere with other Users or Customer’s enjoyment of the Website and/or Service;
- submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by VIJAYA or the Website;
- transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- Unless otherwise specified, the Services are for your personal. You may not modify, sub- delegate, or sub-Agreement, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.
- 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;
- 4. REMEDIES WITH THE COMPANY
- You understand and agree that the Company 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 3, 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/Customers who are involved in such violations.
- To use full Services, You will be required to register on this Website in order to use the functions, services, or platform of the Website. The Website signup pages will send you to the page from where you can create your /your company’s username and password.
- During registration, you will be required to provide, your name, email address, birth date, gender, pin code, occupation, industry, or such information/conditions and your authorized person’s details, to whom you want the report to be sent.
- You agree that we may terminate your access to or use of the Services/Website at any time if we are unable at any time to determine or verify your credentials or find that you are not authorized to avail of the Services.’
- The Customers 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.
- 6. Information & Messages:
- We also reserve the right to collect, disseminate or otherwise disclose non-personal information or information provided by You within our group entities or partners. We reserve the right to share the use of de-identified health information so long as identifiers have been “stripped” and a key is not disclosed that would allow the information to be re-identified.
- Vijaya maintains the confidentiality of information provided by the Customer. At times, it shall be under obligation to disclose such information to a judicial or administrative body having competent jurisdiction, when warranted by Law and Vijaya shall not be in any way be responsible for any decisions or actions of such competent authority.
- Further, we may send you SMS messages and emails from time to time regarding your subscription and usage of our services. This may include transactional messages related to your continued subscription (for which we may or may not charge) of VIJAYA and/ or support emails and SMS messages for helping you get the best out of VIJAYA.
- The Company shall endeavour to provide the Customer with facilities/gateways to pay the Fee through credit cards (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 in case 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 15 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 Customers/Users.
- 8. REFUND AND CANCELLATION POLICY
- Cancellation shall be acceptable only if the Customer informs VIJAYA within 48 hours from the time of booking. Cancellation charges might be applicable on the total amount of the invoice. The Customer can contact us through e-mail id, email@example.com in case of cancellation and refund.
- The refund amount will be sent to the respective debit card/credit card/account from where the payment was made and the amount will not be refundable by any other mode. The refund accruing shall be processed within 15-20 working days from the date of the cancellation request.
- VIJAYA shall endeavour to release the test report/s to the Customer if so opted for by him/her within 10 working days, unless it is required otherwise. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made in the course of the day and during working days only. All attempts will be made to deliver on the preferred date of delivery but VIJAYA will not be held liable if the delivery does not take place on that day.
- The Customer/s 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 stipulated website within the prescribed period and You may track the same by entering given login credentials.
- VIJAYA 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, VIJAYA 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 VIJAYA shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
All intellectual property rights in information collected and compiled through our Website or the information provided by VIJAYA, its webpages, or information /data provided through its Services (‘the Proprietary Information”), unless indicated otherwise, and VIJAYA service/trademarks and copyright materials are the property of VIJAYA. VIJAYA shall have all intellectual property rights (including copyrights, trademark, design etc.) in the individual pages, and their components, and collective works available at the Website, on its trademarks/service marks and on the Proprietary Information.
- 13. CONFIDENTIAL INFORMATION
- Except as otherwise provided in this Agreement, you may not, without our prior written consent, at any time, during or after the Term of this Agreement, directly or indirectly, divulge or disclose Confidential Information for any purpose or use Confidential Information for its own benefit or for the purposes or benefit of any other person. You agree to hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of Confidential Information, and to keep the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain its confidentiality.
- You agree that we will suffer irreparable harm if you fail to comply with the obligations set forth in this Section and you further agree that monetary damages will be inadequate to compensate us for any such breach. Accordingly, you agree that we will, in addition to any other remedies available to us at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond. This Section will survive the termination or expiration of this Agreement for any reason.
- 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 such period 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.
- 15. LIABILITIES UPON TERMINATION
- THE WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS AND “AS AVAILABLE” 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.
- 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 SCIENTISTS, OUR GOAL IS TO ASSIST YOU IN UNDERSTANDING THE PURPOSE OF LABORATORY TESTS AND THE GENERAL MEANING OF YOUR LABORATORY RESULTS.IT IS IMPORTANT THAT YOU COMMUNICATE WITH YOUR PHYSICIAN SO THAT TOGETHER YOU CAN INTEGRATE THE PERTINENT INFORMATION, SUCH AS AGE, ETHNICITY, HEALTH HISTORY, SIGNS AND SYMPTOMS, LABORATORY AND OTHER PROCEDURES (RADIOLOGY, ENDOSCOPY, ETC.), TO DETERMINE YOUR HEALTH STATUS. THE INFORMATION PROVIDED THROUGH THIS SERVICE IS NOT INTENDED TO SUBSTITUTE FOR SUCH CONSULTATIONS WITH YOUR PHYSICIAN NOR MEDICAL ADVICE SPECIFIC 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 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 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 FOR THE SERVICES AND THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OR TRUTH OF THE REPORT POSTED ON THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE ON THIS ACCOUNT BASED ON ANY INCORRECT/FASLE INFORMATION HAVING BEEN PROVIDED BY THE UER/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: (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.
- 1THESE 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.
- 17. 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
Neither Party shall be liable or deemed in default for failure to fulfill any obligation under this Agreement due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labour or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond the Parties’ control, and neither Party shall be liable for losses, expenses or damages, ordinary, special or consequential, resulting directly or indirectly from such causes.
This Section will survive the termination or expiration of this Agreement for any reason.
- 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 firstname.lastname@example.org
- Links to third party sites
- The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company or the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. 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.
By (i) using this Website or any facility or Service provided by this Website in any way;
- 22. COMMUNICATION WITH THE CUSTOMERS/USERS
When you visit the Website or use it to send emails/SMS, provide information or communicate to us, You understand and agree that you are communicating with us through electronic records. You hereby provide your consent to receive communications via electronic records from us periodically or as and when required. Further, you allow us to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.
- The special offer will only be applicable on the first transaction done through the mobile app.
- Flat 5% instant discount will be applied on the first transaction and the additional 10% discount will be added as reward points in the wallet which can be used for the future transactions.
- The special offer is applicable on all the tests/investigations except for outsourced tests, nuclear medicine and PET-CT.
- This offer is valid for a limited period only and the company reserves the exclusive right to revoke it at any given point of time.
- The special offer can be used only once per user/mobile number.
- No two or more offers can be clubbed together with this offer.
- This offer discount will not be applicable on the existing discounted packages/profiles made available by the company.
- Reward points accumulated in the wallet cannot be redeemed in the form of cash and can only be utilized for future mobile app transactions for booking any tests/investigations except for outsourced tests, nuclear medicine and PET-CT.
- In all the future transactions, only upto a maximum of 10% of the total accumulated reward points can be utilized in a single order subject to a maximum of 1000 Reward Points.
- 1 Reward point = INR 1/- only.
- The company reserves the exclusive right to pull back/cancel the rewards points from a user's account (pre or post redemption) in case of any suspicious or fraudulent activities as may be observed by the company from time to time without any prior notice/intimation.
- Any of the reward points remaining un-utilized shall automatically expire and be liable to be forfeited after a period of 12 months from the date of grant.
- The user is eligible to earn Reward Points up to a maximum of INR 9,999 per financial year (i.e. from 1st April to 31st March)
- No refunds will be allowed for any test/investigation booked on the mobile app under any circumstances.
- In case of cancellation of any bookings on the mobile app, the following shall be applicable:
- For Centre Visit: - upon cancellation, the entire booking amount shall be added back to the wallet as reward points and which can be utilized for any future transactions subject to the other terms & conditions.
- For Home Collection: - Any cancellation done before 12 hours of the collection time, 100% of the booking amount shall be added back to the wallet. However, in case of any cancellation after 12 hours before the collection time, 50% of the booking amount will be deducted as cancellation charges and the balance 50% of the booking amount will be added back to the wallet as reward points and which can be utilized for any future transactions subject to the other terms & conditions.
- Any disputes or claims shall be governed by and construed in accordance with the laws of India and the courts at Hyderabad, Telangana, shall have the exclusive jurisdiction to settle any claims or disputes arising under the aforesaid matters.