Terms of use
DiagnoEasy Terms & Condition
The following are the terms and conditions of using www.diagnoeasy.com or App and constitute a legally binding agreement, between you ("the Customer" or the "User") and www.diagnoeasy.com, a fully licensed aggregator of diagnostic labs. In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of https:/// or the application DiagnoEasy The domain name www.diagnoeasy.com (hereinafter referred to as 'Website') and the Mobile Application DiagnoEasy (hereinafter referred to as 'App')
USE OF CONTENT
All logos, brands, marks headings, names, signatures, or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under license, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or the site content, is strictly prohibited
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mailbombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of systemor network security may result in civil or criminal liability. The business and/or its associate entities will havethe right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site to transmit, distribute, or store (a) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (b) in a manner that will in fringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
By visiting our website or by installing the app, you are bound to the terms of service. You are requested to read the document carefully before proceeding to use our services.
1.Account Creation
Although visiting our website does not need an account, certain operations like ordering products, posting reviews, and others require you to set up an account with diagnoeasy.com. To set up an account, you will be required to give certain information about yourself in the form that prompts. All information provided by you is protected by us.
You represent and warrant that the information provided by you during the registration is accurate. www.diagnoeasy.com is not responsible for any damages or losses because of your failure to maintain the confidentiality of your account.
Your www.diagnoeasy.com Account, Password and other details in the account are personal to you and you may not transfer your account to anyone else.
Users must be 18+ years to register an account with www.diagnoeasy.com
2.Privacy Policy
We understand the privacy of the information provided by you is personal to you. We take themost care to handle your information responsibly. We do not share your information with anyone(individual or organization) other than our business partners. We may share your informationwiththe business partner only to fulfil the service.
3.Communication
By using our service (Website or App), you agree to be communicated by www.diagnoeasy.com or its partners to communicate with you for service, promotion, or anything else. Communication may be in the form of Telephone calls, SMS, E-mail, Whats app, or other mediums.
4.Payment Security Policy
All your transactions and information when placing an order with us will be encrypted before passing on over the internet, which ensures the privacy and high level of security of all your information.
5.Pricing
All services on the website will be sold at a price fixed by the diagnostic center unless other wise specified. www.diagnoeasy.com reserves the right to change the price of any product without notice. In case the prices change to higher or lower after ordering on the date of delivery, the price difference will not be collected or refunded.
6.Cancellation
We at www.diagnoeasy.com are bound to honour all the eligible orders that come through our Website and Application. In some cases, we do accept orders through other mediums like E-mail, Telephone, Whatsapp, Text messages, and others. However, in all cases, www.diagnoeasy.com reserves the right to cancel any order with or without notice and without any liability
Customers can cancel their booking in line with the below policy:
- For cancellation upto 2 hours before the scheduled slot for sample collection, customer will get 100% refund.
- For cancellations done less than 2 hours before the sample collection, charges for phlebotomist shown during booking will be charged. Rest amount will be refunded. If the customer was supposed to pay during sample collection & has not pre paid, the phlebotomy charge will be levied as a penalty and will be charged on the next booking by the customer
- For cancellations done after sample collection, no amount will be refunded.
- All refunds might take upto 7 working days
8. Modification of Terms & Conditions of Service
www.diagnoeasy.com reserves the right to modify anytime the Terms and conditions of use of website and App without any prior notification to you. You can access the latest version of these Terms and conditions at any given time on the Site. You must regularly review the Terms and conditions on the Site. In the event the modified Terms and conditions are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms Services of Use of this Site.
www.diagnoeasy.com is not liable for any damages and losses that may occur due to the change of terms and condition policies.
9. Termination
This User Agreement is valid unless and until terminated by you or diagnoeasy.com, in either case, www.diagnoeasy.com will not be liable for any damages or losses that may arise
You may terminate this user agreement at any time by deleting your www.diagnoeasy.com account and discontinuing any further use of the website. And you are required to destroy all the downloaded and obtained contents from the website.
www.diagnoeasy.com reserves the right to terminate this user agreement anytime without anynotice or liability. And may or may not deny access and services to the website
www.diagnoeasy.com reserves the right to moderate, delete, and keep any comment or content posted by a user before, during, or after this user agreement
Any termination of the user agreement will not cancel the obligation to pay for the services ordered from the website and does not affect the user liability arisen under this user agreement.
DiagnoEasy Healthtech Pvt Ltd (DiagnoEasy), on the behalf of the brands owned, group, andaffiliated companies under the name of “DiagnoEasy” as a brand, is the owner of the internet resource www.diagnoeasy.com (“Website”) and the “DiagnoEasy” (“App”) mobile application associated with it. DiagnoEasy Healthtech Pvt Ltd owns and operates the services provided through the website and the mobile application
1. APPLICABILITY OF THE TERMS
Please read and understand these terms and conditions (“Terms”) and the policies at (“Privacy Policy”) before using the Website, App, or the services associated with DiagnoEasy Healthtech Pvt Ltd. These terms and conditions constitute a legal agreement (“Agreement”) between you (“user”) and DiagnoEasy Healthtech Pvt Ltd with respect to the visitor's use of the
This Agreement applies to you if you are one or more of the following:
- An organization providing medical diagnostic services or a medical Diagnostic Center wishing to be listed or listed in our website and app, this includes the designated authorities, authorized associates of such Diagnostic Center s or institutions (“DiagnosticCenter (s), “you” or “user”)
- A patient or representative of the patient using the website or app for searching DiagnosticCenter s (“End-User,” you” or “user”)
- The user of the website and App (“you” or “user”)
This Agreement applies to the services available in Website and App, Either offered free of chargeor paid services (“services”), including the following;
- For Diagnostic Center s: Diagnostic Center s wishing to list, listing or listed their profilesand contact information in the website or App or both available for other users, visitors, and patients.
- For Users: Facility to
- Create use and maintain the health account of their own or the person they represent.
- Search Diagnostic Center s or health care services by various demographics and criteriathat may be available in the website and app.
Services may change from time to time, without any notice and at the sole discretion of DiagnoEasy, and the Agreement will apply to the services offered, visits, and usage of the websiteand app. This also applies to the information provided by you on the website and the app.
The purpose of the Agreement is to define the terms and conditions under which a user or Diagnostic Center or patient or representative or anyone visiting the website or app is allowed to use the services and describe the manner in which we shall treat you. For any queries and questions about the Agreement, you can contact us at support@diagnoeasy.com.
By accessing the website or downloading the app, you irrevocably accept all the conditions according to the Agreement, terms and conditions, privacy policies, and any other conditions andobligations as mentioned in the Website or App, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) relating to the use of services available at the website or app. By availing of any Service, You signify your acceptanceof the terms of this agreement.
DiagnoEasy or DiagnoEasy Healthtech Pvt Ltd alone reserves the right to modify or terminate any portion or whole of this Agreement with or without any notification or reason. Such modifications may or may not be informed. You should read the Agreement at regular intervals. Your use of the website or App after any such modifications constitutes your agreement to the modified Agreement to follow and abide by it.
By using the Website or App, you acknowledge that you will abide by the conditions of this agreement for using or availing of any services offered by us. If you do not agree with any part of the Agreement, do not visit the website or use the App, or avail of any services from us.
Any access to your use of the Website or App or the services offered will be the sole discretion of the DiagnoEasy.
This Agreement is published in compliance with, and is governed by the provisions of Indian law, 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”).
2. CONDITIONS OF USE
You must be of age 18 years or older to visit, use the website or app, avail of the services in any manner. By visiting or registering or availing of service from the website or app, you agree to this Agreement and warrant DiagnoEasy that you are 18 years or older in age and that you have the right, authority, and sanity to use the website or app and agree to abide by this Agreement. In case of minor a local guardian of a minor may book the test or consultancy for him/her
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN DIAGNOSTIC CENTERS
The terms in the 3rd clause are applicable to all users other than Diagnostic Center s and any organization providing the Diagnostic Center services to DiagnoEasy.
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.1. Personal information and sensitive personal data and information handling are givenunder the Privacy Policy section of the website
3.1.2. DiagnoEasy may collect the information relating to the device via which the website or appis used and also the data of your usage and the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. This collected data will be used only for the purpose of improving the user experience quality and quality of the services provided by DiagnoEasy and to build new services.
3.1.3. DiagnoEasy also has the access to registered user's personal information like name (including first and last name), Age, Gender, Occupation, Education, Address, E-mail id, Contact numbers (Land Line and Mobile), alternate email address, and other details. These data may be shared with our business partners in order to fulfill the services offered by DiagnoEasy, promotion, booking appointments, and collecting feedback in relation to the Diagnostic Center s and their practices.
3.1.4. The privacy policy sets out, inter-alia:
- The fact that some information is collected
- The purpose for which they are collected
- The intended recipients of the information
- The nature of collection and retention of the information.
3.1.6. DiagnoEasy will not be responsible for the authenticity of the person or any sensitive information or information of any sort provided by the user to DiagnoEasy or any other personacting on the behalf of DiagnoEasy or DiagnoEasy Healthtech Pvt Ltd.
3.1.7. The User is solely responsible for maintaining the confidentiality of his/her account access, login credentials, information, and password. Also, the user is responsible for all the usages that happen via the user's account, either authorized or not. The user must notify DiagnoEasy immediately of any unauthorized use of the user's account. Although DiagnoEasy will not be liable for the losses that occurred due to any unauthorized use of the account, the user may be liable for the losses of DiagnoEasy or partner as per the case may be, due to any unauthorized use of the user account
3.1.8. If the information provided by a user is incomplete or not current or inaccurate or untrue(or becomes any one of the previously said in the course of time), or DiagnoEasy suspects any information provided by the user is incomplete or not current or inaccurate or untrue, DiagnoEasy has the right to discontinue any services to the user with or without notice, at its sole discretion.
3.1.9. DiagnoEasy may use the information provided by the user any time for the purpose of customer support-related issues.
3.2. ALGORITHM
DiagnoEasy algorithm for the listing is an automated system that is able to list profiles of the Diagnostic Center s and information regarding the practices in the website and app. These listings do not translate to any fixed objectives, rankings, or endorsements by DiagnoEasy. DiagnoEasy will not be liable for any change in the search results, which may take place from time to time. The listing of the Diagnostic Center s will be based on the automated computation of various factors and criteria including inputs from users including other user's comments and feedback. Such factors may change from time to time. DiagnoEasy in no event will be held responsible for the accuracy or relevancy or repeatability of the listing or listing orders of the Diagnostic Center s on the website
3.3. LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1. Much information regarding the profile of the Diagnostic Center s listed on the website and app such as their specialization, fees, location, visiting hours, and similar details are collected directly or indirectly by DiagnoEasy. DiagnoEasy takes utmost care in making sure that such information is updated in frequent time intervals. Although DiagnoEasy cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2. The services provided by DiagnoEasy or its partners or licensors or authorised service providers or service providers are served 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). DiagnoEasy does not provide or make any representation, warranty or guarantee, or completeness of any content or information provided by the users on the website or app. To the fullest extent permitted by law, DiagnoEasy disclaims all liability arising out of the User's use or reliance upon the Website, App, 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 DiagnoEasy or any User in relation to any User or services provided by such User.
3.3.3. The Website or App may be linked to the website of third parties, affiliates, and business partners. DiagnoEasy has no control over and not liable or responsible for the content, accuracy, validity, and reliability, quality of such websites. Inclusion of any link on the website does not imply that DiagnoEasy endorses the linked site. Users may use the links and the services at theuser's own risk.
3.3.4. DiagnoEasy will not be responsible and shall not be liable by/through for, any damages to, or viruses that may infect user's devices on account of user's access to, use of, or browsing the websites or download of any material, data, text, images, video content, or audio content from the Website or app. If a User is dissatisfied with the Website or app, the User's sole remedy is to discontinue using the Website.
3.3.5. If DiagnoEasy determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, DiagnoEasy reserves the right to immediately suspendyour access to the website and app or any of your accounts with DiagnoEasy, and DiagnoEasy also reserves the right to declare the same in the website and app along with your diagnostic centre's name as determined by DiagnoEasy for the protection of its business and in the interest of its users. You shall be liable to indemnify DiagnoEasy for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affect DiagnoEasy or its users.
3.3.6. DiagnoEasy is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4. APPOINTMENT BOOKING AND CALLING FACILITY
DiagnoEasy helps its users to Booking tests/packages from the labs of their choice (blood sampleswill be collected at their home) and Consultation with medical experts that are a part of team DiagnoEasy in the website and mobile app.
3.4.1. DiagnoEasy will ensure that the appointments are confirmed when a booking for an appointment is made. However, DiagnoEasy will not be liable for any cancelled appointment for any reason, also DiagnoEasy will not be liable for any loss or damage that occurred due to a cancelled service. DiagnoEasy also reserves the right to cancel any appointment made by a user with or without prior notification.
3.4.2. If a User has utilized an appointment booking service, DiagnoEasy reserves the right to store and share the information of the user with the Diagnostic Center
3.4.3. The results of any search Users perform on the Website for Diagnostic Center shouldnot be construed as an endorsement by DiagnoEasy of any such particular Diagnostic Center. If the User decides to engage with a Diagnostic Center to seek its services, the User shall be doing so at his/her own risk.
3.4.4. Without prejudice to the generality of the above, DiagnoEasy is not involved in providing any diagnosis and hence is not responsible for any interactions between the User and the Diagnostic Center. User understands and agrees that DiagnoEasy will not be liable for
- User interactions and associated issues User has with the Diagnostic Center ;
- the ability or intent of the Diagnostic Center (s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong diagnosis being given by the Diagnostic Center (s), or any medical negligence on part of the Diagnostic Center (s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Diagnostic Center to provide agreed Services;
- any misconduct or inappropriate behavior by the Diagnostic Center or the Diagnostic Center 's staff;
- Cancellation or no show by the Diagnostic Center or rescheduling of booked appointment or any variation in the fees charged
3.4.5. Users can provide feedback and recommendations based on the experience with the Diagnostic Center. However, users should ensure that the same is provided in accordance withthelaw. Also, DiagnoEasy is not obliged to act in such a manner as may be required to give effect to the content or user feedback or suggestion for any delisting of Diagnostic Center s fromthe website or app. Also, DiagnoEasy reserves the right to edit, hide or delete any comment, feedback, or suggestion given by a user with or without notice and will not be liable for the loss or damagescaused due to any such actions
3.4.6. In the event of 'Patient No-Show (PNS)', When a user or patient he/she represents does not show when lab's phlebotomist reaches customer's place or he is not able to contact the customer or the customer refuses for the sample collection.
- PNS is defined as an instance where a user, who has made an appointment witha Diagnostic Center using the facility provided by DiagnoEasy and has not turned up for an appointment without rescheduling or canceling, or informing the Diagnostic Center about the same. When a Diagnostic Center informs the same with DiagnoEasy or marks a booked appointment as PNS, DiagnoEasy may try to contact the user regarding the same. If the user is not able to confirm the legitimate reason regarding the PNS within 7 days. Users can also send the reasons via the support email address available in the contact section of the website. In any event, DiagnoEasy reserves the right to block a user account fromm isusing the services available on the website or app, and the loss of business hours incurred to the Diagnostic Center s
- The User's account may be disabled temporarily or permanently from booking further appointments on the DiagnoEasy website and App. However, DiagnoEasy may or may not allow the user to use other services available.
- Following are the instances in which, under the sole discretion of DiagnoEasy, would be considered the valid case of PNS, in which cases the user may be penalized.
a. User does not reply with reason to PNS communication, within 7 days from the date of receipt of such PNS communication.
b. In case the user responds to the PNS communication with the below reasons.
- Forgot the appointment
- Chose to visit another Diagnostic Center or consulted online
- Busy with other work or any other activity (Which DiagnoEasy at its discretiondecides to be a valid reason for a PNS).
- Where the user has done a paid appointment and was not able to visit the Diagnostic Center due to sickness or any other genuine reason (as decided by DiagnoEasy with respect to the discretion of the pursuant to consulting investigation), that may be provided with a refund of such payment made bytheuser. However, cancellation charges will be levied
4. DiagnoEasy reserves the right to make the final decision in case of a conflict
3.4.7. Cancellation and Refund Policy
Our cancellation policy is as follows-
- In an event that, a Diagnostic Center with whom a user has booked his/her appointment, has not been able to meet the user or cancel the appointment, the User needs to contact DiagnoEasy via customer support or via mail informing the same within 5 days of such event. In this case, a full refund will be made to the user via the original payment method by which the user has paid for the appointment. In case if the user, does not show up for the appointment booked with the Diagnostic Center , without rescheduling or canceling the same, paid amount will not be refunded and will be processed under clause 3.4.6. A user will be entitled to a refund under the following condition
Our cancellation policy is as follows-a) For cancellation upto 2 hours before the scheduled slot for sample collection, customer will get 100% refund
b) For cancellations done less than 2 hours before the sample collection, charges for phlebotomist shown during booking will be charged. Rest amount will be refunded. If the customer was supposed to pay during sample collection & has not pre paid, the phlebotomy charge will be levied as a penalty and will be charged on the next booking by the customer.
c) For cancellations done after sample collection, no amount will berefunded.
d) All refunds might take upto 7 working days.
- Users will not be entitled to any refunds in cases where, the Diagnostic Center isunable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the services from the said Diagnostic Center .
3.5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1. The contents listed on the website are; user-generated content or belongs to DiagnoEasy. The Information collected directly or indirectly by DiagnoEasy from End-User and the Diagnostic Center shall belong to DiagnoEasy. Copying or copyrighting content published by DiagnoEasy on a website of any commercial purpose or for the purpose of earning profit will be a violation of copyright and DiagnoEasy reserves its rights under applicable law accordingly.
3.5.2. DiagnoEasy authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, softwarecode, design, and the collection, arrangement, and assembly of content on the Website (collectively, "DiagnoEasy Content"), are the property of DiagnoEasy and are protected under copyright, trademark, and other laws. User shall not modify the DiagnoEasy Content or reproduce, display, publicly perform, distribute, or otherwise use the DiagnoEasy Content in any way for any public or commercial purpose or for personal gain
3.5.3. User shall not access the services for the purposes of monitoring their availability, performance, or functionality or for any other benchmarking or competitive purposes
3.6. REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with DiagnoEasy or with any Diagnostic Center will be subject to our Terms and condition and privacy policy.
User or End user is solely responsible for the content one chooses to enter or submit in the websiteor app for the purpose of publication, feedback, ratings, reviews regarding Diagnostic Center s or other healthcare professionals. The role of DiagnoEasy in publishing critical content is restricted to that of an intermediary under the information technology act, 2000. DiagnoEasy disclaims all responsibility with respect to the content of the critical content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act. DiagnoEasy shall not be liable to pay any consideration to any user for re-publishing any content across any of its platforms.
You hereby agree not to post or publish any content on the Website that (a) infringes any third- party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. DiagnoEasy, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. You agree that DiagnoEasy may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or DiagnoEasy's services; and/or
- Obtaining feedback in relation to any Diagnostic Center s listed on the Website; and/o
- Resolving any complaints, information, or queries by Diagnostic Center s regarding your Critical Content;
3.7. RECORDS
DiagnoEasy may provide End-Users with a free facility known as 'Record' on its website or app. Information found in records may be of two types
- User-created: Information uploaded by the user or information during user's interaction with the DiagnoEasy Ecosystem
- DiagnoEasy Created: Health records generated by the user interaction with Diagnostic Center s using DiagnoEasy portal.
3.7.1. Your Records are only created after you have signed up and explicitly accepted these Terms
3.7.2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Diagnostic Center and DiagnoEasy does not validate the said information and makes no representation in connection therewith. You should contact the relevant Diagnostic Center in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.7.3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, DiagnoEasy is not liable for any interruption that may be caused to your access to the Services
3.7.4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Diagnostic Center . DiagnoEasy is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch them off through the DiagnoEasy app.
3.7.5. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. DiagnoEasy is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with DiagnoEasy.
3.7.6. DiagnoEasy uses industry level security and encryption to your Health Records. However, DiagnoEasy does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform DiagnoEasy of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to our mail id available at our contact section
3.7.7. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Diagnostic Center s will continue to be stored in their respective accounts.
3.7.8. A User may lose his/her user records if the data is not synced with the server.
3.7.9. If a health record is not accessed for a stipulated time, the user may not be able to access the health records due to security reasons
3.7.10. DiagnoEasy is not liable for any late delivery or no delivery of health records despite its best efforts
3.7.11. Health records are linked and shared with the phone number or numbers provided by the Diagnostic Center s. DiagnoEasy is not responsible for adding any incorrect numbers if those incorrect numbers are provided by the Diagnostic Center s
3.7.12. DiagnoEasy is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in your Health Records whatsoever. Your Diagnostic Center is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.7.13. DiagnoEasy has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.7.14. DiagnoEasy will follow the law of land in case of any constitutional court or jurisdictionman dates to share the Health Records for any reason.
3.7.15. You agree and acknowledge that DiagnoEasy may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.7.16. You acknowledge that the Diagnostic Center s you are visiting may engage DiagnoEasy's software or third party software for the purposes of the functioning of the Diagnostic Center 's business and DiagnoEasy's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.7.17. As long as your data or record have been stored or shared on any of the DiagnoEasy products or by Diagnostic Center s you are visiting, and may in the past have visited, you here by agree to the storage of your records by DiagnoEasy pertaining to such previously visited clinics , hospitals and diagonastic centers who have tie-ups with DiagnoEasy for the purposes of their business and for DiagnoEasy's services including but not limited to the usage and for storage of records (as defined in section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with DiagnoEasy, to the mapping of such records as may be available in DiagnoEasy's database to your User account
4. TERMS OF USE DIAGNOSTIC CENTER S
The terms in this clause 4 are applicable only to Diagnostic Center s
4.1. LISTING POLICY
4.1.1. DiagnoEasy, directly or indirectly, collects information regarding the Diagnostic Center s' profiles, contact details, and practice. DiagnoEasy reserves the right to take down any Diagnostic Center 's profile as well as the right to display the profile of the Diagnostic Center s, with or without notice to the concerned Diagnostic Center . This information is collected 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, you are required to inform DiagnoEasy immediately to enable DiagnoEasy to make the necessary amendments.
4.1.2. DiagnoEasy shall not be liable or responsible for the ranking of the Diagnostic Center s on external websites and search engines
4.1.3. DiagnoEasy 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 or publicationsmade by DiagnoEasy, where the User has expressly or implicitly consented to the making of disclosures or publications by DiagnoEasy. If the User had revoked such consent under the terms of the Privacy Policy, then DiagnoEasy shall not be responsible or liable in any manner to the User for any losses, damage, injuries, or expenses incurred by the User as a result of any disclosures made by DiagnoEasy prior to its actual receipt of such revocation.
4.1.4. DiagnoEasy reserves the right to moderate the suggestions made by the Diagnostic Center s through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, DiagnoEasy shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Diagnostic Center s are added to the Website.
4.1.5. Diagnostic Center s explicitly agree that DiagnoEasy reserves the right to publish the Content provided by Diagnostic Center s to a third party including content platforms.
4.1.6. You as a Diagnostic Center hereby represent and warrant that you will use the Services inaccordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DiagnoEasy accepts no liability for the same
4.2. PROFILE OWNERSHIP AND EDITING RIGHTS
DiagnoEasy ensures easy and user-friendly access to the Diagnostic Center s by providing accessto update your profile information. DiagnoEasy reserves the right of ownership of the entire Diagnostic Center 's profile, photographs and to moderate the changes or updates requested by Diagnostic Center s. However, DiagnoEasy has the right by its own discretion to decide 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 DiagnoEasy's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of abreach of the foregoing representation, DiagnoEasy may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DiagnoEasy
4.3.1. All Critical Content is content created by the users of www.diagnoeasy.com(“Website”)and the clients of DiagnoEasy customers and Diagnostic Center s, including the End- Users. As a platform, DiagnoEasy does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. DiagnoEasy's Feedback Collection and Fraud Detection Policy, are annexedas the Schedule hereto and remain subject always to these Terms
4.3.2. DiagnoEasy reserves the right to collect feedback and critical content for all Diagnostic Center s, clinics, and healthcare centers listed on the website.
4.3.3. DiagnoEasy shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. DiagnoEasy shall not be liable for any effect on the Diagnostic Center 's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. DiagnoEasy, however, as an 'intermediary, takes stepsas required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5. DiagnoEasy will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third-party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6. DiagnoEasy determines that you have provided inaccurate information or enabled fraudulent feedback; DiagnoEasy reserves the right to immediately suspend any of your accounts with DiagnoEasy and makes such declaration on the website alongside your name/your clinics name as determined by DiagnoEasy for the protection of its business and in the interests of Users.
4.4. RELEVANCE ALGORITHM
DiagnoEasy has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit-driven, the proprietary algorithm which cannot be altered for specific Diagnostic Center s. DiagnoEasy shall not be liable for any effect on the Diagnostic Center 's business interests due to the change in the Relevance Algorithm.
4.5. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by DiagnoEasy
4.6. DIAGNOEASY REACH RIGHTS
DiagnoEasy reserves the rights to display sponsored ads on the Website. These ads may be marked as “Sponsored ads”. Without prejudice to the status of other content, DiagnoEasy will not be liable for the accuracy of the information or the claims made in the Sponsored ads. DiagnoEasy does not encourage the Users to visit the Sponsored ads page or to avail of any services fromthem. DiagnoEasy will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Anycontravention of applicable law as a result of your use of these Services is your sole responsibility, and DiagnoEasy accepts no liability for the same
4.7. BOOK APPOINTMENT AND CALL FACILITY
4.7.1. As a valuable partner on our platform we want to ensure that the Diagnostic Center's experience on the DiagnoEasy booking platform is beneficial to both, Diagnostic Center s andtheir Users.
4.7.2. Diagnostic Center s understand that DiagnoEasy shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Diagnostic Center. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of DiagnoEasy.
4.8. USAGE IN PROMOTIONAL MARKETING MATERIALS
The Diagnostic Center is and shall be duly registered, licensed, and qualified to medical diagnosis, as per applicable laws/regulations/guidelines set out by competent authorities and the Diagnostic Center shall not be part of any arrangement which will prohibit him/her from practicing medical diagnosis within the territory of India. The Diagnostic Center shall at all times ensure that all the applicable laws that govern the Diagnostic Center shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.9. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by DiagnoEasy to Diagnostic Center , Diagnostic Center shall (subject to its reasonable right to review and approve): (a) allow DiagnoEasy to include a brief description of the services provided to Diagnostic Center in DiagnoEasy's marketing, promotional and advertising materials; (b) allow DiagnoEasy to make reference to Diagnostic Center in case studies, and related marketing materials; (c) serve as areference to DiagnoEasy's existing and potential clients; (d) provide video logs, testimonials, e- mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Diagnostic Center 's name and/or logo, brandimages, tag lines, etc., within product literature, e-mailers, press releases, social media and other advertising, marketing, and promotional materials
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1. As mandated by Regulation 3(2) of the IG Rules, DiagnoEasy hereby informs Users that they are 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, libelous, 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 being in force;
- deceives or misleads the addressee about the origin of such messages or communicatesany 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, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
5.1. As mandated by Regulation 3(2) of the IG Rules, DiagnoEasy hereby informs Users that they are 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, libelous, 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 being in force;
- deceives or misleads the addressee about the origin of such messages or communicatesany 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, defense, security, or sovereignty of India, friendly relationswith foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
5.2. Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any DiagnoEasy 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 DiagnoEasy;
- 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 DiagnoEasy Content or other informationavailable from the Website;
- Framing or hotlinking or deep linking any DiagnoEasy Content.
- Circumventing or disabling any digital rights management, usage rules, or other securityfeatures of the Software.
5.3. DiagnoEasy, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. DiagnoEasy shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DiagnoEasy has the right to immediately terminate theaccess or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5. DiagnoEasy may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit DiagnoEasy 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 DiagnoEasy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DiagnoEasy or any person on its behalf and the User or where the User has consented to data transfer. DiagnoEasy respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6. TERMINATION
6.1. DiagnoEasy reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports a violation of any of its right as a result of your use of the Services;
- DiagnoEasy is unable to verify or authenticate any information provide to DiagnoEasy by an User;
- DiagnoEasy has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- DiagnoEasy believes in its sole discretion that the User's actions may cause legal liability for such User, other Users or for DiagnoEasy or are contrary to the interests of the Website
6.2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account, or re-register under a new account. 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 any medical services theUser has rendered in order to comply with the User's record keeping process and practices.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall DiagnoEasy, or any of its directors, officers, employees, agents, or content or service providers (collectively, the “protective entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damagesarising from, or directly or indirectly related to, the use of, or the inability to use, the websiteor the content, materials, and functions related thereto, the services, user's provision of information via the website, lost business or lost End-Users, 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 Diagnostic Center s to End- Users contacted or managed through the Website
- any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website or the Service.
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, negligenceor otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, inthe aggregate Rs. 1000/- (Rupees One Thousand Only).
8. RETENTION AND REMOVAL
DiagnoEasy may retain any such information collected from users from its website or services for as long as necessary, depending on the type of information; purpose, means, and modes of usageof such information; and according to the SPI Rules. Computer web server logs may be preservedas long as administratively necessary.
9. APPLICABLE LAW AND
9.1. You agree to this Agreement and any contractual obligation between DiagnoEasy and User will be governed by the laws of India.
9.2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DiagnoEasy. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata. All proceedings of such arbitration, including, without limitation, any awards, shall beinthe English language. The award shall be final and binding on the parties to the dispute.
9.3. Subject to the above Clause 9.2, the courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services, or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1. If a user has any questions concerning DiagnoEasy, the website, this agreement, the services, or anything related to any f the foregoing, DiagnoEasy customer support can be reached at the following email address: support@diagnoeasy.com or via the contact information available from the following: www.diagnoeasy.com .
10.2.In accordance with the information technology act, 2000, and the rules made there under, if you have any grievance with respect to the website or the service, including any discrepancies and grievances with respect to the processing of information, you can contact our grievance officer
at:support@diagnoeasy.com
In the event you suffer as a result of access or usage of our website by any person in violation of the rule of the IG Rules, please address your grievance to the above person.
11. SEVERABILITY
If any provision of the agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this agreement and the remainder of the agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the agreement shall be enforceable in accordance with its terms; provided however that, in suchevent, the agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
12. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by DiagnoEasy. Any consent by DiagnoEasy too, ora waiver by DiagnoEasy of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.