Terms & Conditions
1. DEFINITIONS AND INTERPRETATIONS
'Account' means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, user name, password as required to be filled in the webpage during the registration process and includes any further changes and additions to the information from time to time.
'Company' means Atulaya Healthcare Private Limited & its Group Companies including holding, subsidiary and associate company or any of its assignee, incorporated under the Companies Act, 1956/2013 or any other law of land.
'Customer' means any User who accesses the Website completes the registration according to clause 6.
'Fee' means the price prescribed by the Company for the Health Packages/Services as notified on its Website from time to time.
'Health Packages' means the exclusive and customized health diagnostic packages being offered by the Company and any such other packages which the Company may be introduced from time to time through web portal.
'Home Collection' means the facility provided by the Company to facilitate sample collection at the Customer's door step.
'Order ID' means the unique identification identity allotted to a Customer upon placing a request for booking the Services/Health Packages.
'Registration Process' means the entire process which a Customer/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.
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 Users are entitled to the following Services:
- If You have not completed the registration as per clause 6, You are entitled to view the snapshots of various Health Packages or other offers being offered on the Website. i.e., Home collection requests, customer feedback form etc.
- If You have completed the registration as per clause 6, on the payment of Fee, You are entitled:
- to view the snapshots of various Health Packages or other offers being offered on the Website;
- to book one or more Health Package/s or other offers;
- to opt for Home Service (if available at that period of time) wherein the Company shall send its representatives to your door step for the sample collection or You may visit the nearest center (at which the service is currently available) of the Company to give the sample. However, You shall have to visit the designated test centers/ laboratories if the Company requires You to do so;
- to receive email/SMS/phone-calls/letters which shall provide You with the Order ID, the Health Package's details and the other details;
- to receive the test reports within the suggested time.
- By clicking the button Get Call Now use, I agree to be called on behalf of the Company, using an automatic telephone dialling system.
- The Services are non-transferable i.e. only the person on whose name the Health Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection.
- In case a booking is made before 6 pm on a business day, the Company shall endeavour to give a confirmation call to the Customer on the same day and if it is received after 6 pm, the Company shall endeavour to give a confirmation call to the Customer the next business day.
- 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 or when availing Home Service.
- You are advised to go through the list of instructions/guidelines that is provided by the Company on its Website detailing the do's and don'ts before taking the various tests laid down in the Health Packages.
- The Company reserves the right to change the nature of Services as mentioned in clause 3.2 at its sole discretion. Such change may be notified to the User/Customer by publishing the same on the Website.
4. LIMITATION 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, libellous, 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.
- 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 pretences;
- create or transmit unwanted electronic communications such as 'spam' to other users/customers 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;
5. 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/Customers who are involved in such violations.
6. 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 the creating 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 name, age, sex, email address, billing address, collection address, zip/postal code and phone number and accordingly create an Account.
- Only after completing the Registration Process, the Users become Customers and become entitled to avail the Services as mentioned in the Clause 3.2, 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 be 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 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. 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/Cost through UPI Payment mode, credit cards, 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 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 charges or alter, Test price, 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 of change the Fees upon its sole discretion without any prior notice to the Customers/Users.
- If the customer has made partial payment against the desired services to be availed, in such circumstances, the company may not be able to release the test reports due administrative/technical reasons.
8. REFUND AND CANCELLATION POLICY
- The Health Package is valid for the  days from the time and date of invoice generation. After 5 days, 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 48 hours from the time of booking. 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 payment was made and amount will not be refundable by any other mode.
- 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. Delivery shall be made in the course of the day, and the Customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but the Company 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 center/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 Order ID.
10. THIRD-PARTY CONTENT
The Website makes available general Third-Party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third-Party Content would also be available to You on the email received by You from Company. The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. Company does not provide any guarantee with respect to any the Third-Party Content and Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
11. DISCLAIMER OF WARRANTIES & LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- To the maximum extent permitted by applicable law, company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- Company 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 website or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the website is correct, but company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities 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, 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 company control. The user understands and agrees that any material 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 or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- Company shall not be liable for any third-party product or services. The advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only.
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.
13. 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.
15. 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.
16. 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).
- 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.
- 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, labour 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 user can contact the Grievance/Nodal Officer of the Company Mr Prince Malhotra, 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.
21. COMMUNICATION WITH THE 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.
22. Generic social media T&C
The Answer and Win (hereinafter referred as “Contest”) is an initiative of Atulaya Healthcare Private Limited having its registered office at Plot No -57, Industrial Area, Phase-I, Chandigarh 160002. Please read the terms and conditions carefully.
Participation in this Contest is voluntary. You agree that, if you chose to participate in this Contest, you will be bound by these T&Cs and you acknowledge that you satisfy all Contest eligibility requirements as provided herein below.
You need to be a natural person. You shall be legally competent to enter into a binding contract under the applicable laws of India.
All who fulfil the eligibility criteria to participate in the Contest shall individually be considered and referred to as “Participant” and collectively “Participants” for the purpose of these T&Cs.
- This contest is open to all Indian Citizens aged 18 years and over, except for employees of Atulaya Healthcare Private Limited (including Group Companies), its immediate family members, affiliate, subsidiaries, distributors, dealers, principals (including the promoter(s) being hired by) and suppliers as well as it's other creative, marketing and other agencies etc
- The participant is allowed to submit multiple entries/ single entry as would be mentioned in the launch post, but each person stands a chance to win one (1) Giveaway only.
- Atulaya Healthcare has the right to decide the winner(s) for each contest.
- The decision of the Company is final and conclusive. The giveaway is non-refundable, non-transferable, non-exchangeable for cash, credit or any other item. No correspondence, queries, appeals or protests will be entertained.
- Giveaways must be claimed within the specified time as advised. If in any case, the Company elects to post or courier a giveaway to a winner, the courier service fee will be charged to the participant and no responsibility will be accepted by Atulaya Healthcare Private Limited for any damages occurred during the transition.
- For the safe and effective postal delivery of the giveaway, Atulaya Healthcare Private Limited disclaims all liabilities arising from any lost or unsuccessful transmission of Giveaways.
- Atulaya Healthcare Private Limited reserves the right to substitute the giveaway with an alternative giveaway of the same value, wherever it deems appropriate. Atulaya Healthcare Private Limited reserves the right to disqualify any entries from any participant in the programme and prohibit that Person from further participating in the programme in the event there is suspicion that there has been an attempt to tamper with the outcomes/results.
- Atulaya Healthcare Private Limited may, at any time at its sole discretion and without prior notice, vary, modify, delete or discontinue any aspect of the programme/ contest (including the cancellation or discontinuation of the programme/ contest and/or replacements and/or substitutions of the giveaway being offered) or any part of these terms & conditions and the participant agrees to be bound by such amendments.
- The winner(s) will be selected from the entries during the campaign's period only. It is the participant's responsibility to ensure adherence to the contest's instructions to qualify for participation.
- The result of the contest will be announced on our Facebook and/or Instagram wall post. The winner(s) shall revert with their contact details to claim the giveaway within 14 days of the announcement and else it would be deemed cancelled.
- Any giveaway, which remains unclaimed after FOURTEEN (14) DAYS from the date of announcement shall be forfeited and stays non-transferable. The winner whose Giveaway has been forfeited is not entitled to any payment or compensation.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- By joining the contest, the customer has agreed to provide us with their contact details to Atulaya Healthcare Private Limited future marketing purposes. We respect your privacy and will not share with a third party.
- Giveaway can be a prize or a coupon but not cash.
In case of any dispute, Chandigarh courts will have exclusive jurisdiction Atulaya Healthcare, reserves the right to cancel or amend the competition and these terms and conditions without notice.
The competition and these terms and conditions will be governed by Indian law and any disputes will be subject to the exclusive jurisdiction of the courts of Chandigarh.
We, in our sole discretion reserves our right to exclude You from the Contest and/or not to attribute the Prize, and/or to cancel all or part of the Contest, without any liability on our part, if We believe You have (a) breached any of these T&Cs; (b) acted or have the intention of acting in a dishonest or fraudulent manner, or in bad faith; (c) tampered with the entry process or the operation of the Contest; (d) acted in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
If there are any Government restrictions imposed which may impact the operation of the Contest as usually planned, Atulaya Healthcare cannot be held liable due to such restrictions including for inability to provide the Prizes or changing the Prizes due to such restrictions. Any delay or inability to operate the Contest in that regard will be treated as a Force Majeure Event. In the event of any directions of the Government applicable for consumers/Participants/Prize Winners, You shall ensure due compliance to the same and Atulaya Healthcare cannot be held liable for any non-compliance in that regard.
For any disputes, complaints, queries pertaining to this Contest, please reach out to us.