Legal Information & Notices
APPLICABILITY AND NATURE OF TERMS
The legal agreement applies to you if you are :
(a) A health care service provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website; or (b) A patient, his/her representatives or affiliates, searching for their diagnostic report, healthcare service provider, buy ( Booking or Purchase ) medical test through the Website ; or (c) Otherwise a user of the Website www.pick2heal.com
This Agreement is also applicable to the other services provided by pick2heal on the website, which are offered free of charge to the Users (“Services”), including the following:
(a) For health care service providers (Diagnostic centers, hospitals etc): Listing of such provider’s profiles and contact details, to be made available to the other users and visitors to the Website;
(b) For other Users (Patients or the people associated with them, common people etc): Facility to
(b.1) Sign Up and maintain ‘Accounts’
(b.2) search for health service providers (Currently diagnostic centers) by name, geographical area, or any other filtering options that are or may be developed and made available by pick2heal.
(b.3) Those people ( Patients or the people associated with them, common people etc ) who buy (Booking or Purchasing ) medical test through the website www.pick2heal.com by different steps.
The Services may change from time to time, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected]
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
(i) the Indian Contract Act, 1872,
(ii) the (Indian) Information Technology Act, 2000, and
(ii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
The personal information we collect allows us to keep you posted on pick2heal’s latest product announcements, updates, and upcoming events. It also helps us to develop, deliver, and improve our products, services, content, and advertising.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with pick2heal.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve pick2heal’s products, services, and customer communications.
These terms and conditions are only applicable to health service providers associated or may be associate with us.
(a) LISTING POLICY
(a.1) We pick2heal collects information regarding the diagnostic centers or any other health care service provider’s profiles, contact details etc directly or indirectly. pick2heal reserves the right to take down any diagnostic center’s profile with out any notice. We collects information for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect and you are not been able to change it, you should inform us immediately.
(a.2) We pick2heal is not responsible for the ranking of the health care service providers (diagnostic centers) info on external websites and search engines
(a.3) pick2heal reserves the right to moderate the suggestions made by the health care service provider (diagnostic center) through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, we are not liable if any inactive, inaccurate, fraudulent, or non- existent profiles of health care service providers (Diagnostic centers) are added to the Website.
(b) HEALTH CARE SERVICE PROVIDER’S (DIAGNOSTIC CENTER’S) PROFILE OWNERSHIP AND EDITING RIGHTS
We ensures easy access to the Dashboard for updating profile information. pick2heal reserves the right of ownership of all the diagnostic center’s profile and photographs and to moderate the changes or updates requested by diagnostic centers. However, pick2heal takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using our services, and that no such content breaches any third party rights, including intellectual property rights. pick2heal may modify or delete parts of your profile information at its sole discretion with or without notice to you.
(c) RANKING ALGORITHM
pick2heal has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is truely based on the merits and our engineers doesn’t make any partiality on the ranking system to pop up some one specially. And hence we are not liable for any effect on the diagnostic center’s business interests due to the rank of the profile in the Ranking Algorithm.
(d) BUSINESS TIE - UP
(d.1) pick2heal will tries to keep you better on your business by providing patients. If you wouldn’t get any patients through our website after tie - up, we are not responsible and we won’t provide any compensation for the same.
(d.2) pick2heal is not liable for the accuracy, format, content etc in the medical report provided by you to your patients. It’s your matter rather.
(d.3) pick2heal reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
Services and use of Website
(1) pick2heal provides Services through the Website ( www.pick2heal.com ). It is a marketplace and facilitating the customers/ users to avail diagnostic test/ packages facilities through website. pick2heal is not and shall not be responsible for any sample collected, tests conducted and reports generated by the labs and does not deals with any of User’s (Lab’s) client or patient managed by User through the Website and only provides Services to User through the Website.
(2) User ( Diagnostic Center ) may not access the Services of other online market place without pick2heal’s permission.
(3) pick2heal will provide to the User ( Diagnostic Center ) basic support for enriching their Services ( Except SMS Alert and Online Report facility ) at no additional charge and the Services ( Marketing Diagnostic Centers in their market niche ) are available 24 (twenty four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond pick2heal’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. pick2heal will provide the Services only in accordance with applicable laws and government regulations.
(4) The Services ( SMS Alerting and Online Report facility ) may be subject to certain limitations, such as, limits on disk storage space, number of SMS, or number of users ( Patients ). Any such limitations are specified in the User ( Diagnostic Center ) plans. The Services provide real-time information to enable User ( Diagnostic Center ) to monitor such limitations.
(5) Notwithstanding anything to the contrary contained herein, patient alone shall be liable for dealings and interaction with diagnostic centres contacted or managed through the Website and pick2heal shall have no liability or responsibility in this regard. pick2heal does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
(6) Notwithstanding anything to the contrary contained herein, Diagnostic Centre/ Labs alone shall be liable for dealings and interaction with patients contacted or managed through the Website and pick2heal shall have no liability or responsibility in this regard. pick2heal does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by diagnostic centre/ labs.
Payment, Fees and Taxes
(1) Diagnostic centers are agree to pay through online if they wish to provide SMS Alert and Online Report facility to their patients once the free period is expired. The fee is dependent on the Package that User purchases.Each member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. pick2heal is in no way responsible for any of the taxes except for its own income tax.
(2) The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. pick2heal is not responsible for any loss or damage caused to Users ( Both patients and diagnostic centers ) during this process as these third parties are beyond the control of pick2heal.All fees are exclusive of applicable taxes.
(3) pick2heal reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Pick2heal Lab LLP, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Pick2heal server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Pick2heal’s systems or networks, or any systems or networks connected to the site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
PURCHASES; OTHER TERMS AND CONDITIONS
Pick2heal Lab LLP may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Pick2heal makes no commitment to update the materials on the Site with respect to such products and services.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a p2h ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Pick2heal immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Pick2heal or any other user of or visitor to the Site due to someone else using your p2h ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s p2h ID, password or account at any time without the express permission and consent of the holder of that p2h ID, password or account. Pick2heal cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS TO OTHER SITES AND TO THE PICK2HEAL SITE
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Pick2heal’s control, and Pick2heal is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
PICK2HEAL LAB LLP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PICK2HEAL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PICK2HEAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICK2HEAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PICK2HEAL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PICK2HEAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Pick2heal Lab LLP reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Pick2heal may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pick2heal’s rights or property, or the rights or property of visitors to or users of the Site, including Pick2heal’s customers. Pick2heal reserves the right at all times to disclose any information that Pick2heal deems necessary to comply with any applicable law, regulation, legal process or governmental request. Pick2heal also may disclose your information when Pick2heal determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Pick2heal may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. Pick2heal shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
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