This document is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000. Amended provisions, pertaining to electronic records in various statutes, will be in accordance with the amendments made in the Information Technology Act, 2000. This electronic record is generated by a computer system and 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 (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website.
Please read the following terms and conditions very carefully as your use of the services of https://www.medliv.in/ website and its mobile applications is subject to your acceptance of and compliance with the following terms and conditions.
https://www.medliv.in/ is an internet-based portal and mobile application, (hereinafter together be referred to as “Website") is owned, maintained and operated by MedLiv Technology Private Limited, (hereinafter referred to as “Company") a Company duly incorporated under the provisions of the Companies Act, 2013
Acknowledgement of Terms: When you access this website and its mobile applications, you acknowledge that you have read the terms and conditions set forth below and understood that access to this website and its mobile applications is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit this website and its mobile applications now.
Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
To become a registered user at website, you need to open an account with us. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. company shall not be liable for any loss or damage, which may take place if you fail to protect your account details or password. In case you notice suspicious activities that threaten disclosure of your account details, please contact us immediately.
The Website also allows / shall allow restricted access to the Website for unregistered Users.
a) The Terms set out herein or for the purpose for which it is subscribed and
b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The User is restrained from allowing any person other than himself / herself to use the Service.
Company provides Services through the Website as a marketplace or as an intermediary to facilitate customers/ users to avail diagnostic test/ packages facilities. However, company 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 customers/ users understand and accept that:
Company is not and shall not be responsible for any sample collected, tests conducted and reports generated by the diagnostic labs/centres and does not deal with any of user’s patient or client managed by user through the Website and only provides services to user through the website. User agrees to use the website and the materials provided therein only for purposes that are permitted by:
The user is hereby granted a limited, non-exclusive, non-transferable right to access our website and use the Services solely for user’s personal non-commercial use and in accordance with the permitted Terms of Use mentioned herein. Without limitation to the foregoing, in the event the user is barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, the user is not eligible to register for, use or avail the services available on the Website.
Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by client, diagnostic centre or any third party through the Website. company may, at its sole discretion, suspend User’s ability to use or access the Website at any time when the Company investigates complaints or observes breach of these Terms of Use or for any other reason.
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.
Home Collection and Report Delivery: Your sample collection will be done on the chosen date and time slot. If not, you can always reschedule to another available date and available time slot. Sometimes, sample collection may take longer due to bad weather, 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 24 hours and an intimation of report generation will be sent to you for the same from our end. But, sometimes, some tests/culture tests take time, so intimation of 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.
There is no extra cost for digital report delivery, however you can download your reports online from download tests reports in user dashboard section instead of physical reports.
Registration on the Website and the access to the information provided on the Website is free. company does not charge any fee for accessing, browsing of the Website. The User agrees to make all payments directly to the company for the services obtained under or through the website. The User shall make the payment to the Company immediately after placing the request for the Services.
Users have multiple payment methods - Credit Card/Debit Card/Net banking/Third party Wallets and COD. It is at the sole discretion of the company whether to continue/discontinue any kind of payment method.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
You understand, accept and agree that the payment facility provided by the company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, the company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
All payments made against the services on website by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the transactions made on Website. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners. Please check Our Privacy Policy on how company uses the confidential information provided by Users.
We provide link or incorporate SDKs of third-party websites, our online payment service partners, which process your Net Banking/Credit/Debit Card and Third Party Wallet payments. We are not responsible for the availability or proper functioning of such linked pages or sites or SDKs, and we will not be held responsible for any loss or inconvenience encountered as a result of using such links.
You confirm that you are the authorised holder of the credit/debit card or the original account holder for online payments made in the transactions on website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit/debit card number/account details number for using the Website.
If due to some reason, the samples could not be processed at the laboratory, the user will have a choice to ask for a re-sample collection or a complete refund. Company will bear all the costs for a re-appointment for sample collection or provide the refunds for the test (within 7 working days), as requested by the user.
Company shall process the cancellation or refund request from the Customer as per the below mentioned terms and conditions –
Diagnostic Service
In any case, the maximum liability that the company will have is the amount collected from the user for a booking.
User will have the option of cancelling the order placed on the website anytime unless it is marked ‘Sample Collected’ by the phlebotomist.
In case, user wants to cancel an order after the phlebotomist has reached the address for sample collection OR If the sample has been collected, a cancellation charge of 100/- will be charged. If this amount has not been paid, company holds the right to hold off any future reports, or charge the amount on subsequent orders. No charges will be deducted in case of partial cancellation of order. In all eventualities, decision of the company will be final and binding on all the parties.
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark “www.medliv.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
You agree to defend, indemnify and hold harmless the company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from Your use of, access to, and participation in the website; Your violation of any provision of the terms of use, including the privacy policy; Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; any claim that the information and/ or content submitted by You caused damage to a third party; any violation of the payment terms including any claim of alleged forgery raise against user; or breach of Your express or implied representations and warranties. this defense and indemnification obligation will survive these terms of service and Your use of the website.
In no event shall the company, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever resulting from any:
In no event shall the total aggregate liability of the company, or any of the above-referenced respective parties, arising from or relating to the website, and/or content exceed the total amount of fees actually paid to the company by you with respect to the service under which such liability arose.
The website may contain links to third-party websites that are not owned or controlled by the company. The company does not have any control over, and assumes no responsibility for, the content, privacy policies, terms of use or practices of any third-party websites. In addition, the company will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve the company from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through the website, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is”, “as available” and “where is’ basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
The company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or content posted, emailed, transmitted, or otherwise made available via the website.
The company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisements. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The company may publish medical information on the website which shall be merely information and not advice. If users need medical advice, they should consult a doctor or other appropriate medical professional. the company does not give any warranty with respect to the medical information posted on the website, and that no liability shall accrue to the company in the event that a user suffers loss as a result of reliance upon the information. the medical information published on the website is provided as an information resource only and shall not to be used or relied on for any diagnostic or treatment purposes. such information does not create any patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. the company expressly disclaims responsibility and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on the website. the information on the website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. all content, including text, graphics, images, and information, contained on or available through the website are for general information purposes only.
The company makes no representation and assume no responsibility for the accuracy of the information contained on or available through the website, and such information is subject to change without notice. you are encouraged to confirm any information obtained from or through the website with other sources, including your own physician, and review all information regarding any medical condition or treatment with your physician.
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address, cancel the Website or otherwise terminate Your access to or participation in the use of the Website (or any part thereof), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that You have violated any provision of the Terms of Use.
If You want to terminate your agreement with company, you may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
If a dispute arises between you and the company, you and the company hereby agree that any claim or controversy at law and equity that arises out of the Terms of Use or the Website shall be resolved in accordance with this Section or as We and You otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage You to first contact us directly to seek a resolution via e-mail at info@medliv.in. The dispute shall be resolved through discussions between the parties.
These Terms and all transactions entered into on or through the Website and the relationship between you and company shall be governed in accordance with the laws of India and any legal proceeding arising out of this agreement will occur exclusively in the courts located in Jaipur, Rajasthan, India. and You hereby accede to and accept the jurisdiction of such courts.
Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.
This document was last updated on April 30, 2021
ABOUT MEDLIV
MedLiv brings the healthcare services you need, the convenience you want and the standards you deserve, right at your doorstep. Our goal is to make your life easier. We are focused on a new level of quality and reliability at reasonable prices.
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