- NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A patient, referral patient, patient’s representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
- A user of the Website or App (“you” or “User”).
This Agreement applies to all services made available by ACTREC on the Website or Apps.
The Services may change from time to time, at the sole discretion of ACTREC, and the Agreement will apply to your visits to and your use of the Website or Apps to avail the Services, as well as to all information provided by you on the Website or Apps at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and Apps and describe how we shall treat your account while you are registered as a member with us.
By downloading or accessing the Apps or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing of any Service, you signify your agreement and acceptance of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement.
You are supposed to read the agreement before any kind of transaction you are making with ACTREC. Your use of the Apps or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/ or to specific areas of this Website or a particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing the online Services offered by ACTREC. If you do not agree with any part of the Agreement, please do not use the Website or avail of any Services.
The Agreement is published in compliance with and is governed by the provisions of Indian laws, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- 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”).
- ACTREC and its Partners may collect personal information through various online platforms. The collected information will be used only for enhancing the quality of the Services and to develop and introduce new services.
- The Website and Apps allow ACTREC and its Partners to have access to Users’ personal email or phone numbers for the purpose of communication and analytics.
- ACTREC and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data provided by the User to ACTREC or to any other person representing ACTREC or its Partners.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website or Apps. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ACTREC of any actual or suspected unauthorized use of the User’s account or password. Although ACTREC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ACTREC or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or ACTREC has reasonable grounds to suspect that such information is suspicious, ACTREC has the right to discontinue the Services to the User at its sole discretion.
- It is your responsibility to provide your correct mobile numbers and email IDs updated in the Website or Apps. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. ACTREC is not responsible for any loss or inconvenience caused due to your non-updating of your contact details.
- The accuracy, adequacy, reliability, and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless ACTREC and its Partners concerning any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by You or on your behalf on the Website or Apps.
- The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, ACTREC or its Partners are not liable for any interruption that may be caused to your access to the Services.
- Any service-related reminder or notification service that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. ACTREC is not liable if, for any reason, a reminder or notification is not delivered to you or is delivered late or delivered incorrectly, despite its best efforts, or if your health is impacted negatively due to the same.
- If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, and transaction that that person takes related to your personal health record either on their own or independently. ACTREC or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- ACTREC collects, directly or indirectly, and displays on the Website relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. ACTREC makes reasonable efforts to ensure that such information is updated at frequent intervals. ACTREC cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by ACTREC or any of its licensors or Partners are provided on an "as is" and “as available basis and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). ACTREC and its Partners do not provide or make any representation, warranty or guarantee about the Website, Apps or Services. ACTREC and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, ACTREC and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, Apps, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by ACTREC or its Partners or any User in relation to any User or services provided by such User.
- The Website or Apps may be linked to the website of third parties, affiliates and business partners. ACTREC has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or Apps. Inclusion of any link on the Website or App does not imply that ACTREC endorses the linked site. User may use the links and these services at User’s own risk and discretion.
- ACTREC and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or Apps or the downloading of any information, data, text, images, video content, or audio content from the Website or Apps. If a User is dissatisfied with the Website or Apps, User’s sole remedy is to discontinue using the Website or Apps.
- If ACTREC determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, ACTREC reserves the right to immediately suspend your access to the Website or any of your accounts with ACTREC and makes such declaration about suspension on the website alongside your name as determined by ACTREC for the protection of its business and in the interests of Users. You shall be liable to indemnify ACTREC and its Partners for any losses incurred due to your misrepresentations or fraudulent feedback that adversely affects ACTREC, its Partners or its Users.
- BOOKING DIAGNOSTIC TESTS
- You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences, is strictly between you and the other Users. You shall not hold ACTREC or its Partners responsible for any such interactions and associated issues and ACTREC will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence ACTREC and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or Apps. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. ACTREC or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or Apps. We advise you to perform your own investigation or get feedback before selecting a doctor or any other service provider available on the Website or Apps.
- Without prejudice to the generality of the above, ACTREC or its Partners will not be liable for:
- any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on the part of any of the above;
- any type of inconvenience suffered by the User due to a failure on the part of the medical service provider, including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or Apps or with whom the User has booked an appointment or performed a transaction through the Website or Apps. Further, ACTREC shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made under applicable laws. The option of Users to give feedback remains at ACTREC’s sole discretion and may be modified or withdrawn at its sole discretion. ACTREC may moderate such feedback at any time. ACTREC shall not be obliged to act in any manner to effect to the content of Users’ feedback.
- ONLINE PAYMENT ON WEBSITE AND APPS
- The Website and Apps allow you to pay online through a third-party payment gateway for some of the Services available on the Website or Apps.
- If you choose to pay online, you may be directed to a third-party payment gateway to enable payment processing. This transaction will be governed by the terms and conditions, and on receipt of the payment will be made available on the portal.
In case Cancellation is initiated by the relevant laboratory due to unavailability of reagents, improper selection of service code etc., 100% of service fees will be refunded to the end user, excluding tax and convenience charges, if any, prevailing at the point of time. At the time of cancellation, the amount will be refunded via the same source of payment and will be subject to the payment terms of the source only.
- INFORMATION UPLOADED BY THE USER ON THE WEBSITE
- While ACTREC takes the utmost care concerning the security of the information you decide to upload, you understand that any information that you disclose on the Site is at your own risk and discretion. By uploading / sharing / disclosing your medical conditions, medical history, medical records, and such other health records and any other information on the Site, you hereby give your consent to ACTREC to store such health / medical information on the institute servers.
- The Company will retain your medical conditions, medical history, medical records, and such other health records and any other information that you may upload on the Site for as long as it is needed to fulfill the service you seek to avail on the Site. If you delete your account, the Company will delete all such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information for the period permitted under the laws of India, if necessary, to comply with our legal obligations, for historical and statistical purposes, resolve disputes, or enforce our agreements.
- COMMUNICATION, SMS MESSAGES, EMAILS, AND CALLS RECEIVED FROM THE SITE
- When you use the Site or access any information or Services through the Site, you agree and understand that you are communicating with us through an electronic medium, and you consent to receive communications through any mode of communication from ACTREC, time to time, as and when required for any purpose.
- By verifying the mobile number at the time of the creation of the User Account and by registering as a Registered user on the Site, the User consents to be contacted by ACTREC via phone, and/or SMS notifications, WhatsApp, email, or any other utility, application, method or mode of communication, and authorizes the ACTREC, to send any information or communication relating to the Services availed by the User from the ACTREC or any Practitioner, newsletter, promotional material, advertisements, or to contact for feedbacks, reviews, etc. or for any other purpose, including the communications relating to your registration, transactions that you carry out through the Site, reviews, feedbacks, and promotions that are undertaken by the institute. Further, ACTREC may also send notifications and reminders concerning other User Services that you have subscribed to on the Site. Please note that while ACTREC endeavors to provide these notifications and reminders to you promptly, the institute does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is the User's responsibility to ensure that you attend any appointments and consultations that you may schedule with a Practitioner through the Site.
- DISPUTE RESOLUTIONM
Any dispute or difference in respect of this Agreement that may arise between ACTREC and the USER shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 and the amendments thereto, which shall be decided by the Director, ACTREC and shall be subject to the exclusive jurisdiction of the Courts in Mumbai.