In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.pathologyonclick.com (hereinafter referred to as “Website”) is owned by PathologyOnClick.com (Hereinafter referred to as “Company”) with its registered office at 1/6 Gandhi Colony, 3rd Floor, Kolkata-700040 (hereinafter referred to as “www.pathologyonclick.com” or “PathologyOnClick”).
PathologyOnClick is engaged in the business of providing a web based service whereby patients and/or customers in different cities can make online bookings for diagnostic laboratory tests at discounted rates, from a list of available “Service providers”(laboratories, diagnostic centers and hospitals that PathologyOnClick has tied up with) in the city or town. The Customer may have the option of having the tests conducted either at the premises of the Service provider or have samples for testing collected from their home, if the Service provider chosen by the Customer offers the service.
The services provided by PathologyOnClick on and off the website are ARE NOT MEDICAL ADVICE and are for the sole purpose of convenience. THESE SERVICES ARE NOT INTENDED TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. PathologyOnClick attempts to be as accurate as possible. The information available on the Website is presented in a concise format and is provided for informational purposes only. It does not intend in any way to be a substitute for professional medical examination or assessment of a patient’s condition.
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which among other things include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and PathologyOnClick reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
The use of this website is not limited to those above the age of 18 only and are applicable to all barring those ‘Incompetent to Contract’ which among other things include insolvents under the Indian Contract Act, 1872.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the company has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
4.1. Registering on this website is free of cost and this includes the browsing of the site. However, we reserve the right to amend this membership no-fee policy. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with membership offered by us. Such changes are effective as soon as they are posted on the Site.
4.2. The no-fee policy mentioned in this clause is with regard to registering with the website only. The services provided by various service providers are chargeable.
5. USE OF SERVICE
5.1. PathologyOnClick displays the list of the services provided by the various Service providers, updated from time to time on the website. You may make a booking for any of these available services.. In the event of You having any clarifications on the type of test/service required, you can fill up a query form on the website, and our team of experts will revert to you on the options available. However, any information provided by our team of experts in response to your query form shall be for the sole purpose of helping you make your booking AND SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. You are advised to consult your physician or any other medical practitioner before you make any decisions. PathologyOnClick is not liable for the accuracy, quality and correctness of the service and You agree that you have chosen the service using your own discretion and at your own risk.
5.2. Where you have availed for home collection of samples to be taken, if such service is made available to you by the service provider, PathologyOnClick will facilitate the time for collection which is fixed according to mutual consent between the service provider and you. PathologyOnClick is only the intermediary in the fixing of the time for collection and has no control over the time at which the service provider actually sends its technician to your/patient’s home. The charges for home collection may vary from service provider to service provider. Please note that the charges applicable for home collection of samples shall not be subject to discount. PathologyOnClick shall not be liable to you in any way whatsoever, where any particular service provider does not provide the service of home collection, as this is the sole discretion of the service provider.
5.3. Once you have made a booking, you shall receive confirmation of your order from us via phone call or SMS and e-mail. Note that where the booking has been made after 6pm on any day, a confirmation telephone call may be made to you only on the next day.
5.4. The list of services provided by each service provider, displayed on the website are based on the lists given to PathologyOnClick by the Service providers, updated from time to time. The discount shall be applicable if and only if you reproduce the Coupon Code at the time of booking, which has been made available to you on the website during the booking process. All invoices raised by PathologyOnClick to you are inclusive of this discount. After completing the booking process, we will make a summary of your order available to you via SMS and e-mail. However, PathologyOnClick shall in no manner be liable for any change in the mentioned rates by the Service provider, at any time.
5.5. PathologyOnClick may also provide users with the option of availing a discount coupon for certain service providers without users being obligated to choose the tests/health packages through PathologyOnClick. Here, the tests/ health packages can be opted for by the user by directly interacting with the lab and sharing with them the discount coupon obtained through PathologyOnClick.com to avail a discount. However, PathologyOnClick shall in no manner be liable for any denial by the Service provider to accept this discount coupon as valid.
5.6. After a particular service has been booked from among the available services on the website, the order shall remain valid for a period of one year, starting from the date on which the booking was made. You are required to avail the service within this period of one year, on expiry of which your order shall be terminated / cancelled.
5.7. The Live-Chat feature of the website which is made available to you is solely for the purpose of facilitating your booking of the services and related queries and clarifications. Any information provided to you by PathologyOnClick through this Live-Chat feature shall not be construed as medical advice or the opinion of a medical practitioner. You are required to consult a physician/medical practitioner for the same.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The entire Content included in this Website, including but not limited to text, design, graphics, images, interfaces, or code and the selection and arrangements thereof, (collectively the “Content”) is the property of PathologyOnClick. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to PathologyOnClick.
7. USER OBLIGATIONS
You are a restricted user of this website.
7.1. You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
7.2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
7.3. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
8. DISCLAIMER OF WARRANTIES AND LIABILITIES
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
8.1.1. The content on PathologyOnClick should not be used for diagnosing a medical or health condition. Please carefully read all information provided by the service providers of any services advertised or promoted on this Website before purchasing and/or using such Services. If you have or suspect that you have a medical problem, you should contact your professional doctor or healthcare provider. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any Content provided on or through the Web Site. Reliance on any such Content is solely at your own risk.
8.1.2. All service providers (diagnostic laboratories, diagnostic centers and hospitals) who offer services through PathologyOnClick are accredited with various accreditation certification bodies. However, PathologyOnClick cannot be held responsible, by you under any circumstances where the service providers have ceased to conform to any of the standard norms or requirements of such accreditation, and have failed to inform us of the same.
8.1.3. You agree and acknowledge that PathologyOnClick is only an intermediary who facilitates booking of services between you and the service provider. We do not assume any responsibility for the result of services provided or any diagnosis made on the basis of these results. PathologyOnClick shall not be held liable in any manner whatsoever, for the quality and accuracy of the results of any of the services.
8.1.4. Where the service provider refuses to provide any of the services offered by it and displayed on the website, PathologyOnClick cannot be held responsible for such refusal. You hereby agree that the provision of services and the prices for the services are the sole discretion of the service provider and PathologyOnClick does not assume any liability to you to ensure that the services mentioned and the prices displayed (wherever applicable) shall be complied with by the service provider.
8.1.5. You hereby acknowledge and agree that where the Service provider has made available on the website its rates for the various services, PathologyOnClick shall not be held liable for any claims, where the Service provider has charged you a price that is different from the price displayed on the website.
8.1.6. PathologyOnClick provides users with the option of giving ratings and reviews to service providers listed on the website. Any user/patient who shall choose a service provider based on these user reviews and ratings acknowledges that he/she has decided so under his/her own discretion and that PathologyOnClick shall in no way be liable for any consequences that arise thereon.
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LABEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID ORDER. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
9. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. THIRD PARTY LINKS
This Website contains hyperlinks to other Websites controlled by parties other than PathologyOnClick. PathologyOnClick is not responsible for and does not endorse the contents or use of these Websites.
12. COMPLIANCE WITH LAWS:
You shall comply with all the applicable laws of the Republic of India (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
13. DISPUTES AND JURISDICTION
This Agreement shall be governed by and shall be construed in accordance with the laws of the Republic of India. You agree that any disputes will be redressed by means of Arbitration as per the terms of the Arbitration and Conciliation Act, 1996. Both the parties will appoint one arbitrator by mutual consent, who will decide on the dispute and give his verdict within 15 days.