Terms and Conditions
This Terms of Service applies to the Customers only. The content of this website pertains to Diagnear.com and is the property of Diagnear Health Partners LLP having its registered office at 159, LIG Flats, Pocket 3, Paschim Vihar, New Delhi - 110063. Diagnear.com provides test at home service and assures quality collection and testing in Delhi & Goa through network of labs and full-time phlebotomists.
The use of this Website is subject to the following terms and conditions:
In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement by a User, Diagnear has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.
Diagnear retains the right at any time to deny or suspend access to any or all sections of/services provided through the Website to any user, who We believe, has violated any of the provisions of these Terms and Conditions of Use/Agreement.
1. Services and use of Website
- While some of the content and pages of the Website are free to view but to gain access to the majority of the contents or services provided by the Website, you will need to create an account on the Website. To create an account on the Website, you will be asked to complete the registration form and fill in certain details such as name, age, date of birth, address, mobile number, e-mail id, etc. You expressly acknowledge that Diagnear will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate.
- Diagnear provides Services through the Website to facilitate customers/ users to avail diagnostic test/ packages facilities through the website. However, Diagnear shall not be liable and does not validate, endorse or approve any information or content posted on its Website. Furthermore, while availing the Services, the users/customers understand and accept that:
- Diagnear does not recommend or endorse any diagnostic test/packages mentioned on the Website;
- Diagnear does not make any representations and warranties with respect to the diagnostic labs/doctors/consultants or the quality of the services that is provided by such diagnostic labs/doctors/consultants;
- Users/customers will be responsible for choosing the services listed on the Website.
- Users may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Diagnear 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 Diagnear reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. Diagnear will provide the Services only in accordance with applicable laws and government regulations.
- Not withstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centers and laboratories contacted or managed through the Website and Diagnear shall have no liability or responsibility in this regard. Diagnear 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 center, or any third party through the Website. The Services should not be used for emergency appointment purposes.
- User shall be bound by terms and conditions of this Agreement. Any violation of the same gives the right to the company to take appropriate action against the user.
- Shipping and delivery of reports: Diagnear 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.
- 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 another available date and available time slot.
- Sometimes, sample collection may take longer due to bad weather, political disruptions, government orders 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 48 hours and a soft copy will be sent to you for the same from our end. But, sometimes, some tests/culture tests take time, so your report will be sent when your test results are out and after we receive it. You hereby agree to the delay that may be caused in providing the reports.
- With regard to the B2B services provided by the Company to the Users of the other business entity, the User hereby provides his/her consent to the Company to share the Diagnostic Medical Report of the User, including but not limited to the report regarding HIV test, with the said business entity. However, the business entity is entitled to collect, process and treat the said report of its Users in compliance with the provisions of the Information Technology Act, 2000 and the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any other applicable data protection laws". Furthermore, with regard to the HIV report of the User, the role of Diagnear is only limited to conducting the tests. All the other responsibilities shall lie with the Business entity only.
- You hereby give your consent to share your Diagnostic medical report with the concerned employer/business entity which is dealing with us on your behalf unless specified otherwise.
- Diagnear reserves the right to activate or deactivate any offers and promotions on the service provided at any time.
2. Non-transferable right to use the Services
3. Payment, Fees, and Taxes
- The User agrees to pay all Package 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 Package that User purchases and not on actual usage of the Services.
- Each user/member is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. Diagnear 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. Diagnear is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Diagnear. The fees could also be paid offline and be either collected personally from the User.
- All fees are exclusive of applicable taxes.
- Diagnear reserves the right to modify the fee structure by updating the fee structure on the Website which shall be considered as valid and agreed communication.
- In order to process the payments, Diagnear might require details of User’s bank account, credit card number, etc.
4. Cancellation and Refund Policy
- Diagnear reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation or conducting test is indicative and actual time for availing the Services may change depending on the availability of the phlebotomists. The user/customer can reschedule or cancel the service.
- In case of cancellation or non-confirmation of the appointment by Diagnear due to any reason, the user/customer may ask for rescheduling the appointment within 15 (fifteen) days and if user/customer fails to reschedule the appointment with 15 (fifteen) days then such user/customer will not be entitled for any refund or cancellation of the payment as may be made to Diagnear.
- No refund will be given after 15 (fifteen) days from the day the payment is made to the company. However, in case a written request for refund reaches the company within 15 (fifteen) days, the entire amount paid (without interest-subject to a deduction of INR 175/- (Indian Rupees One Hundred and seventy five only) towards administrative charges) will be credited for any further purchase of similar or exceeding amount within a maximum of 30 (thirty) days from date of cancellation.
- The stated amount due for refund shall be processed within 15 (fifteen) 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.
- Diagnear shall not be responsible in any manner for any inconvenience or loss caused to the user as a result of such rescheduling or cancellation. Further Diagnear reserve the right to refuse Service at any time without providing any reasons.
5. Collection, Use, Storage, and Transfer of Personal Information
- Collection and Delivery are dependent on various technical and quality parameters. Diagnear assumes no liability towards any time delay caused on account of the above factors necessary for review, analysis reporting and third-party service delay outside of our control. Diagnear does not provide medical advice and services offered must not be considered as a substitute for professional medical advice, diagnosis or treatment. Do not disregard, delay or avoid obtaining medical advice from a qualified medical and health care professional. Please correlate clinically.
- Diagnear 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 Diagnear or any other person acting on behalf of Diagnear.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password and restricting any unauthorised access and use of Services through the Website. 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 Diagnear of any actual or suspected unauthorized use of the User’s account or password.
- If a User provides any information that is false, inaccurate, not current or incomplete (or becomes false, inaccurate, not current or incomplete), or Diagnear has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Diagnear has the right to suspend or terminate such account at its sole discretion.
- User do hereby authorise Diagnear and its officials to collect the electronic copy of the report from the Diagnostic centre/ Labs and provide the same to the Users.
6. Prohibited actions:
- The User is prohibited from:
- Violating or attempting to violate the integrity or security of the Website or any Diagnear 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 Diagnear;
- 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 Diagnear Content or other information available on the Website;
- conducting any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website Services without Healthian’s express written consent;
- Violating any local, state, national or international law;
- Using the website in a way which interferes, disrupts or hampers with the proper functioning of the website;
- To gain or attempt to gain unauthorized access (other than through the interface that is provided by the Website) to our website and/or Services;
- To interfere with or disrupt the integrity, security or performance of our Services;
- To create accounts for our Services through unauthorized or automated means;
- Framing or hotlinking or deeplinking any Diagnear Content;
- Posting materials to any of the Website’s social media pages or otherwise on social media, that are unlawful, fraudulent, libelous, slanderous, defamatory, abusive, harassing, threatening, obscene or infringing on the rights of any third-party, including without limitation intellectual property, privacy/confidentiality or publicity rights;
- Posting information/materials to any of the social media pages or otherwise on social media concerning Diagnear that is unlawful, fraudulent, libelous, slanderous, defamatory, abusive, harassing, threatening, obscene or infringing on the rights of Diagnear, including without limitation intellectual property, privacy/confidentiality or publicity rights;
- Diagnear does not permit any of these practices and reserves the right to immediately remove content within its sole discretion. Diagnear further reserves the right to block or otherwise prohibit the user/customer from accessing or using Website, Website’s social media pages or application.
- The Services provided by Diagnear 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). Diagnear does not provide or make any representation, warranty or guarantee, express or implied, about the Website or the Services. Diagnear 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 Diagnear 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 information via the Services is for general information purposes only and does not constitute advice, medical or otherwise.
- The Website may be linked to the website of third parties, affiliates and business partners. Diagnear has no control over, and is 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 Diagnear endorses the linked site. Users may use the links and these services at User’s own risk.
- We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
- Diagnear shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection; Diagnear shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centres.
- Diagnear 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 Diagnear, or any of its Partners, 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 a 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 INR. 1,000/-.
- 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.
- Furthermore, the use of the website may take the user to links to websites, Application or mobile Applications on the Internet which are owned and operated by third parties. User agrees that we are not liable or responsible for the content on third party application.
- User further agrees that by using the website or related Services, user may be exposed to content from other Users or Third Parties that user may consider offensive, indecent or otherwise objectionable. We shall not be liable for such content on the website. Further, user may report such offensive content.
- Further, under no circumstances, the Diagnear shall be liable for any defamatory, offensive or illegal conduct of any user/customer. If any user/customer is dissatisfied with any of the services provided by the diagnostic labs, the user/customer may approach such diagnostic lab and/or discontinue using the Website and the services provided/listed on the Website
9. Term, Termination, and Disputes
- These Terms and Conditions of Use/Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
- Diagnear reserves the right to terminate the access to the Website and account of the user, in case, including but not limited to:
1. A User breaches any terms and conditions of this Agreement
2. Diagnear is unable to verify or authenticate any information provided to Diagnear by a User; or
3. Diagnear believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Diagnear or are contrary to the interests of the Website.
- Further, Diagnear reserve the right to suspend, restrict or terminate the profile/account of the user on the website without stating any reasons whatsoever. Similarly the user may remove its account from the app/website at any time. Without prejudice, the termination of this agreement for any cause shall not release the user from any liability/claim, which at the time of termination has already accrued to it or which thereafter may accrue in respect of any act or omission prior to such termination or which has accrued in consequence of this clause. 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.
- Diagnear 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 these Terms and Conditions of Use/Agreement or if
- Diagnear is unable to verify or authenticate any information the User submits to Diagnear, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Diagnear to provide the Services to the User.
- All disputes related to this Agreement will be subject to arbitration in New Delhi in English [by an independent sole arbitrator (who shall be a retired judge/judicial officer), to be appointed by Diagnear] in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). Subject to arbitration, the jurisdictional courts at New Delhi shall be entitled to grant interim relief/injunction.
- Even after termination, the terms of this Agreement shall survive such termination of your profile/account including without limitation, obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10. Severability & Waiver Contact Information
- We Do Not Provide Medical Advice:
- The information that you obtain or receive from Diagnear, 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, 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.
- We do not represent or warrant that the content or information provided or made available via our Services is accurate, complete or current, or that our services will be uninterrupted or error free, or that any defects in our Services will be corrected or that our Services or the server that makes our Services available are free of viruses or any other harmful components. We do not make any warrantees or representations regarding the use of the materials in our Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. Information published or made available via our Services may refer to products, programs or services that are not available in your region. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with our services is to cease use of our Services. We reserve the right to suspend or withdraw the whole or any part of our Services at any time without notice and without incurring any liability.
11. Right to Modify Terms of Service
- Diagnear 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
- A printed version of these Terms and Conditions of Use/Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use/Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Entire Agreement
- Any rights not expressly granted herein by Diagnear are reserved by Diagnear.
Booking Terms and Conditions
Following booking terms and conditions are applicable when you confirm your booking with Diagnear :
- I, my family members, anyone at home are not suffering from flu-like symptoms like fever, cough, breathlessness, sore throat, etc.
- I, my family members, anyone at home currently are not at risk in any manner from Covid 19.
- I have not traveled internationally in the last 14 days.
- I have not come in contact with any COVID-19 positive patient in the last 14 days.
- I understand that while Diagnear is taking all necessary safety and hygiene precautions, either party cannot be held liable in the unfortunate event that I, my family member, or the sample collection professional is diagnosed with COVID-19.
- Your test will be performed at a Diagnear associated partner lab nearest to you.
- All the bookings done for the Covid test will be collected and tested by ICMR approved Lab partner. Your booking will be assigned to any of the lab partners nearest to your location.