Term of Use

Legal Name: Medizcare Technology Pvt Ltd

Welcome to our website Medizcare. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

1. Services and use of Website

Medizcare provides Diagnostics, Diet Consultation & Nutrition Services through the Website it is a marketplace and facilitating the customers/ users to avail diagnostic test/ packages/Investigations facilities through website. Medizcare 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 client or patient managed by User through the Website and only provides Services to User through the Website. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

User may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Medizcare will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Medizcare reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Medizcare will provide the Services only in accordance with applicable laws and government regulations.

Notwithstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centres contacted or managed through the Website and Medizcare shall have no liability or responsibility in this regard. Medizcare does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such client, diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.

Medizcare may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Medizcare investigates complaints or alleged violations of this Agreement, or for any other reason. Medizcare has the right to edit profiles of diagnostic centres to make them more suitable for Product searches on the Website. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Medizcare immediately for such corrections. Medizcare shall have no liability or responsibility in this regard.

Shipping and delivery of reports: Medizcare provides you with the best-in-class experience at every step of the way. We assure you that all due precautions are taken so that your report reaches you intact.

2. Estimated Sample collection time and Report Generation Time:-

Your sample collection will typically be done on the chosen date and time. If not, you can always reschedule to our available date and available time slot.

Sometimes, sample collection may take longer due to bad weather, political disruptions and other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates

Report will be generated within 24 hours and a soft copy will be sent to you for the same from our end. But, sometimes, some culture tests take time, so your report will be sent when your test results are out and we receive it.

3. Non-transferable right to use the Services

Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the site is not transferable. Medizcare may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Payment, Fees and Taxes:

The User agrees to pay all Investigation fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the Product that User purchases and not on actual usage of the Services.

Each User / member is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Medizcare is in no way responsible for any of the taxes except for its own income tax.

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. Medizcare is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Medizcare. The fees could also be paid offline and be either collected personally from the User.

All fees are exclusive of applicable taxes.

Medizcare reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.

In order to process the payments, Medizcare might require details of User’s bank account, credit card number etc.

4. Cancellation and Refund Policy

No refund will be given after 15 days from the day the payment is made to the company. However, in case a written request for refund reaches the company within 15 days, the entire amount paid (without interest-subject to a deduction of Rs150/- towards administrative charges) will be credited for any further purchase of similar or exceeding amount within a maximum of 30 days from date of cancellation.

The stated amount due for refund shall be processed within 15 business working days from the date of the cancellation, subject to all terms and conditions being met successfully.

In case of cash payment, the money will be transferred through Bank a/c NEFT or Cheque.

5. Collection, Use, Storage and Transfer of Personal Information

Medizcare shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Medizcare or any other person acting on behalf of Medizcare.

The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medizcare of any actual or suspected unauthorized use of the User’s account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medizcare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medizcare has the right to suspend or terminate such account at its sole discretion.

User do hereby authorise the Medizcare and its officials to collect the electronic copy of the report from the Diagnostic centre/ Labs and provide the same to the users.

6. Covenants:

As mandated by Regulation 3(2) of the IG Rules, Medizcare hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that Belongs to another person and to which the User does not have any right to; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harm minors in any way;

Infringes any patent, trademark, copyright or other proprietary rights;

Violates any law for the time benign force;

Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

Impersonate another person;

Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

The User is also prohibited from:

Violating or attempting to violate the integrity or security of the Website or any Medizcare Content;

Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Medizcare;

Intentionally submitting on the Website any incomplete, false or inaccurate information;

Making any unsolicited communications to other Users;

Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

Copying or duplicating in any manner any of the Medizcare Content or other information available from the Website; and

Framing or hot linking or deep linking any Medizcare Content.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Medizcare has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.

Medizcare may disclose or transfer User Information to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Medizcare to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Medizcare provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medizcare or any person on its behalf and the user or where the User has consented to data transfer.

7. Liability

Medizcare shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Medizcare, where the User has consented to the making of disclosures by Medizcare. The User shall not hold Medizcare responsible or liable in any way for any disclosures by Medizcare under Regulation 6 of the SPI Rules.

The Services provided by Medizcare or any of its licensors or providers are provided "as is," as available, 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). Medizcare does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Medizcare does not verify any content or information provided by the Users/ diagnostic centres on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Medizcare Content, representations and warranties made by the Users/ diagnostic centres or the content or information provided by such Users/ diagnostic centres on the Website or any loss arising out of the manner in which the Services have been rendered.

The Website may be linked to the website of third parties, affiliates and business partners. Medizcare 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. Inclusion of any link on the Website does not imply that Medizcare endorses the linked site. User may use the links and these services at User’s own risk.

Medizcare shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection; Medizcare shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centres;

Medizcare assumes 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 the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

In no event, including but not limited to negligence, shall Medizcare, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by an User/ diagnostic centre to any User/ client. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate ₹ 500/-.

In no event shall the protected entities be liable for failure on the part of the diagnostic centres to provide agreed services or to make provisions for the carrying out the Services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by any diagnostic centres.

The listing of diagnostic centres on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of diagnostic centres on the Website.

8. Indemnity

User agrees to indemnify and hold harmless Medizcare, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of any intellectual property or other right of any person or entity. Medizcare will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

9. Term, Termination and Disputes

This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity...

Medizcare reserves the right to terminate this Agreement, in case:

A User breaches any terms and conditions of this Agreement

Medizcare is unable to verify or authenticate any information provided to Medizcare by a User; or

Medizcare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medizcare or are contrary to the interests of the Website.

On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.

Medizcare reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Medizcare is unable to verify or authenticate any information the User submits to Medizcare, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Medizcare to provide the Services to the User.

This Agreement and any contractual obligation between Medizcare and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.

All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by Medizcare under the Arbitration and Conciliation Act, 1996.

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

10. Severability & Waiver Contact Information

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

We Do Not Provide Medical Advice:

The information that you obtain or receive from Medizcare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by the Website, you do so solely at your own risk.

No Doctor Patient Relationship:

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE FIND A TEST FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL/DIAGNOSTIC CENTER OR SPECIALIST IN ANY FIELD CONDUCTING TEST. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any diagnostic centre at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a health care diagnostic centre by making confirming telephone calls to the relevant diagnostic centre. Any kind of an engagement with the third parties including with the diagnostic centre would be on a principal to principal basis on the best judgement of yourself.

11. Right to Modify Terms of Service

Medizcare reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so that you are apprised of any changes made to this page. The User agrees that, during the period of this Agreement, we may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services.

Medizcare has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.

12. Governing law and Dispute Resolution

This Privacy Policy and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto and shall be subject to the exclusive jurisdiction of the competent courts of New Delhi, India.

13. Entire Agreement

These Terms of Use, together with the privacy policy, payment and refund policy appearing in Privacy Policy, at Medizcare web portal(Medizcare.com) , represent the complete agreement between you and Medizcare concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter.