Welcome to the Diagnomitra healthcare solutions pvt ltd, website located at www.diagnomitra.com (the “Site”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of our Site. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
The Indian Contract Act, 1872, (Specifically Section 13- ‘Consent’ defined. —Two or more persons are said to consent when they agree upon the same thing in the same sense.)
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”).
Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site.
By downloading or accessing the Website to use the Services you the user irrevocably accept all the conditions stipulated in this Document being User Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. By accessing or using our Services, you consent and agree to be bound to all of the terms and conditions described in these Terms. If you do not consent and agree to all of these terms and conditions, do not use our Service.
The use of any service or feature available through Diagnomitra.com is owned by M/s Diagnomitra.com Private Limited, a company existing under the Companies Act, 2013 with its registered office at B1, Kalindi Colony, New Delhi – 110065.
Diagnomitra healthcare solutions pvt ltd provides a technology platform that allows customers to BOOK ANY TEST FROM ANY LAB for the purpose of fulfilling customer lab orders and delivering their blood samples, urine, stool or swab (in case of RTPCR can be collected) etc, to a diagnostic laboratory. Diagnomitra.com platform can additionally be used by customers for Radiological diagnosis (eg. X-ray, MRI, CT-Scan etc.), at various diagnostic centers and Doctor Consultations from suitably qualified medical Practitioner or health care professionals.
Diagnomitra.com does not provide any medical advice, diagnosis, treatment or other clinical decisions, suggestions or judgments. The Services and Content are only provided for facilitation purposes and not a substitute for the competent analysis and professional judgment of health care professionals.
Diagnomitra.com being a facilitation service assumes no responsibility for accuracy of any test reports, diagnosis or consultation provided by the diagnostic center or medical or health care professional. Use of the Services is not for emergency situations. In the event of an emergency, please dial 112. If you need urgent care, please contact your health service provider or Government Medical Facility by telephone or in person or visit an urgent care center.
www.Diagnomitra.com services are being offered/tele-marketed by third parties like Direct Sale Agents and Chemist partners etc. information dissemination in such cases may vary from original content and are disclaimed. Therefore customers are advised to confirm all information provided by third parties via our call center no. 7532075184, by our email help@diagnomitra.com or by visiting our website at www.Diagnomitra.com.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by notifying you through email, text or other communications. If you continue to use the Services after we have posted updated Terms, you are consenting and agreeing to be bound by the updated Terms. If you don’t consent and agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
(A) Eligibility
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Diagnomitra.com and are not barred from using the Services under applicable law.
While for all other locations in India the ease of booking services are provided to the customers for independent or specific diagnostic, radiological or other medical service providers. Please ensure that the test is booked for the cities and/or locations where this service is currently operational either directly through the Company website or its authorised partners or authorised affiliate service providers. In addition the test must be conducted at the booked location.
(B) Registration and Your Information
(C) Test or Consultation Booking Procedure and Test or Consultation Reports
(a) Customer agrees and consents that we might have a recollection (in case the sample taken has been haemolysed). In such cases we do the recollection free of charge and the individual should be willing to do so at their own will.
(b) Customer agrees and consents that in case of some tests (based on results) require repeat samples they will bear the additional cost, which means the samples are recollected and the patient has to bear the cost of additional re-runs at different machines.
(c) Customer agrees and consents that while availing Radiological diagnosis (eg. X-ray, MRI, CT-Scan etc.) at various diagnostic centres or Doctor Consultations at the respective location shall be subject to the rules and regulation prescribed by such service providers. Diagnomitra healthcare solutions pvt ltd or its partner affiliates will not be responsible for any loss, damage, nuisance or mishap that may be sustained to the Customer.
(d) Without prejudice to the generality of the above, Diagnomitra healthcare solutions pvt ltd is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Customer and the diagnostic centres, Doctor or health care professional. User understands and agrees that Diagnomitra healthcare solutions pvt ltd will not be liable for:
(i). Customer interactions and associated issues they have with the diagnostic centres, Doctor or health care professional;
(ii). The ability or intent of the diagnostic centres, Doctor or health care professional or the lack of it, in fulfilling their obligations towards Customers;
(iii) Any wrong medication or quality of treatment being given by the diagnostic centres, Doctor or health care professional, or any medical negligence on part of the diagnostic centres, Doctor or health care professional;
(iv) Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the diagnostic centres, Doctor or health care professional to provide agreed Services;
(v) Any misconduct or inappropriate behaviour by the diagnostic centres, Doctor or health care professional or their staff;
(vi) Cancellation or no show by the diagnostic centres, Doctor or health care professional or rescheduling of booked appointment or any variation in the fees charged.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback or reach out to us on feedback@diagnomitra.com or call us at 7532075184 for any query.
As your Mobile phone number toDiagnomitra healthcare solutions pvt ltd (either online or via text message) to use the Services and agree to receive communications from Diagnomitra.com, you specifically authorize Diagnomitra.com to send text messages to your phone.
You agree not to do any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the Services, Diagnomitra healthcare solutions pvt ltd ‘s name, any Diagnomitra healthcare solutions pvt ltd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, or any other intellectual property owned by the Company, without Diagnomitra healthcare solutions pvt ltd ‘s express written consent;
(b) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(c) Attempt to probe, scan or test the vulnerability of any Diagnomitra healthcare solutions pvt ltd system or network or breach any security or authentication measures;
(d) Impersonate or misrepresent your affiliation with any person or entity;
(e) Violate any applicable law or regulation; or
(f) Encourage or enable any other individual to do any of the foregoing.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Diagnomitra healthcare solutions pvt ltd requires payment (“Payment”) of a fee for use of the Services. Specific fees will be outlined on the website at Diagnomitra.com. Payments are accepted online, in Cash or via Point of Sales Machine. When the Customer books a test using our call center services payments can be made in cash or via Point of Sales Machine.
When you make a Payment (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
We may launch various promotional offers and schemes through the website from time to time and discontinue it in our sole discretion. The Customer who claims any benefits based on such promotional offers and schemes shall be evaluated on the parameter and scope of the then existing policy at the discretion of the Company. If the claim is initiated by the Customer it might take 5 to 7 working days for processing and we might ask for additional documents as per requirement of the then existing policy.
Certain location-enabled functionality made available in the Site is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.
Although Diagnomitra healthcare solutions pvt ltd attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Diagnomitra healthcare solutions pvt ltd so that it can be corrected. Diagnomitra healthcare solutions pvt ltd reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Diagnomitra.com will have no responsibility or liability for information or Content posted to the Platform from any un-affiliated third party.
Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to confirm the accuracy and integrity of any information provided by them for home collections or for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you for breach of Terms of Service.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You will indemnify and hold harmless Diagnomitra.com and its officers, directors, employees partners or affiliate service providers and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.
(A) Diagnomitra healthcare solutions pvt ltd will not be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Diagnomitra healthcare solutions pvt ltd or any other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
(B) In no event will Diagnomitra healthcare solutions pvt ltd ‘s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Diagnomitra healthcare solutions pvt ltd for use of the services or content or Rs. One Hundred Only (Rs. 100/-), if you have not had any payment obligations to Diagnomitra healthcare solutions pvt ltd, as applicable.
(C) The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Diagnomitra healthcare solutions pvt ltd and you.
These Terms and any action related thereto will be governed by the Laws of India, for all Disputes that arise in between you and Diagnomitra.com shall be resolved through arbitration by Sole Arbitrator as per the Indian Arbitration and Conciliation Act 1996 (as amended) with venue at New Delhi. The courts located in New Delhi shall have sole jurisdiction, also you and Diagnomitra healthcare solutions pvt ltd each waive any objection to jurisdiction and venue in such courts.
(A) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Diagnomitra healthcare solutions pvt ltd and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Diagnomitra healthcare solutions pvt ltd and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(B) Notices
Any notices or other communications provided by Diagnomitra healthcare solutions pvt ltd under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(C) Waiver of Rights
Diagnomitra healthcare solutions pvt ltd ‘ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Diagnomitra healthcare solutions pvt ltd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Diagnomitra healthcare solutions pvt ltd at ask_support@diagnomitra.com.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: 17, 3rd floor, A-Square Mall, Sec 73, Noida - 201301
Phone: +91 – 7532075184
Email: help@diagnomitra.com
Time: Mon – Sat (9:00 – 18:00)
