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Terms and Conditions

Welcome to DIAKART PRIVATE LIMITED

Welcome to the DIAKART PRIVATE LIMITED website and mobile application. The content of this website and mobile applications is the property of DIAKART PRIVATE LIMITED, with its registered office at M11/9, Ground Floor, DLF Phase 2, Gurugram, Haryana 122008.

GENERAL TERMS

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires:

  • You, Your or User shall mean any natural or legal person who has agreed to become a user of the Website.
  • We, Us, Our, Company, and DIAKART PRIVATE LIMITED shall refer to DIAKART Pvt. Ltd. (including its successors, representative-in-interest, and permitted assigns).
  • Third Party refers to any individual(s), company, or entity apart from the User and DIAKART PRIVATE LIMITED.

By accessing, registering, or using the Services, you agree to be legally bound by these Terms of Use/Agreement and consent to our usage of information as outlined in our Privacy Policy. Your use of our Services is subject to your compliance with these Terms of Use. These Terms of Use apply to all visits to our web portal or any other portal and all uses of our services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our services, as detailed on the Website (“Services”).

By accessing and using our Services, you hereby agree to these Terms of Use/Agreement, in its entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by this agreement. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use/Agreement. If you disagree with any part of these terms and conditions/agreement, please do not use our Website.

NON-COMPLIANCE AND TERMINATION

In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement by a User, DIAKART PRIVATE LIMITED has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.

DISCLOSURE OF PERSONAL INFORMATION

DIAKART PRIVATE LIMITED may disclose or transfer sensitive personal data/information to the extent it is necessary to provide the Services, to another entity or person, as per the Privacy Policy.

RIGHTS TO SUSPEND OR DENY ACCESS

DIAKART PRIVATE LIMITED 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.

Services and Use of Website

While some of the content and pages of the Website are free to view, to gain access to the majority of the contents or services provided by the Website, you will need to create an account. To create an account, you will be asked to complete the registration form and provide certain details such as your name, age, date of birth, address, mobile number, e-mail id, etc. You expressly acknowledge that DIAKART PRIVATE LIMITED will rely on the information provided by you, and you hereby warrant that any and all information provided during account creation is true and accurate.

DIAKART PRIVATE LIMITED provides Services through the Website to facilitate customers/users in availing diagnostic test/packages through the Website. However, DIAKART PRIVATE LIMITED shall not be liable for, nor does it validate, endorse, or approve any content posted on its Website. Furthermore, users/customers understand and accept the following:

  • DIAKART PRIVATE LIMITED does not recommend or endorse any diagnostic test/packages mentioned on the Website;
  • DIAKART PRIVATE LIMITED does not make any representations or warranties regarding the diagnostic labs/doctors/consultants or the quality of their services;
  • Users/customers will be responsible for selecting the services listed on the Website;
  • DIAKART PRIVATE LIMITED is not responsible for any samples collected, tests conducted, or reports generated by labs, nor does it deal with any client or patient managed by the User through the Website.

Users agree to use the Website and its materials solely for purposes permitted by (a) these Terms of Use, and (b) any applicable law, regulation, or generally accepted practices in relevant jurisdictions. Users may not access the Services for purposes of monitoring availability, performance, functionality, or benchmarking, or for competitive purposes.

You are granted a limited, non-exclusive, non-transferable right to access our Website and use the Services solely for your personal, non-commercial use and in accordance with the permitted Terms of Use. Users who are barred from entering legally binding obligations under the Indian Contract Act, 1872, or are unable to provide ‘Consent’ as per the Information Technology Rules, 2011, are not eligible to register or avail of the services provided on the Website.

DIAKART PRIVATE LIMITED will provide basic support for the Services at no additional charge and/or upgraded support if purchased separately. We will use commercially reasonable efforts to ensure Services are available, except for (i) planned downtime or (ii) any unavailability due to circumstances beyond our control, including acts of God, government actions, strikes, or internet service provider failures.

Notwithstanding anything to the contrary, the User is solely responsible for their dealings and interactions with clients or diagnostic centres/laboratories contacted or managed through the Website. DIAKART PRIVATE LIMITED has no responsibility for the accuracy of information provided by third parties through the Website. The Services are not intended for emergency appointments.

DIAKART PRIVATE LIMITED reserves the right to suspend User access to the Website at any time for investigation of complaints, alleged violations of these Terms, or for any other reason. DIAKART PRIVATE LIMITED also reserves the right to edit diagnostic centre profiles for better Package search results. Users can correct incorrect information themselves or contact DIAKART PRIVATE LIMITED for corrections. We accept no liability for such information.

Users are bound by the terms and conditions of this Agreement. Any violation gives the company the right to take appropriate action.

Shipping and Delivery of Reports

DIAKART PRIVATE LIMITED strives to provide you with the best-in-class experience at every step. We assure you that all due precautions are taken so your report reaches you intact.

Estimated Sample Collection Time and Report Generation Time

  • Your sample collection will be done on the chosen date and time. If not, you can reschedule for another available date and time slot.
  • Sample collection may be delayed due to bad weather, political disruptions, government orders, and unforeseen circumstances. We will proactively reach out to you in such cases. Please check your emails and SMS for updates.
  • Reports will typically be generated within 24 hours, and a soft copy will be sent to you. However, some tests, especially culture tests, may take longer. You agree to the possibility of delays in report generation.

You consent to share your diagnostic medical report with the concerned employer/business entity dealing with us on your behalf, unless specified otherwise.

DIAKART PRIVATE LIMITED reserves the right to activate or deactivate any offers or promotions on services at any time.

You agree that we may send you text notifications and marketing offers. You acknowledge that consent is not a condition for any purchase.

By signing up with DIAKART PRIVATE LIMITED, you provide your consent to receive text notifications, marketing offers, and health checkup reminders.

Non-transferable Right to Use the Services

Your right to use the Services is non-transferable. Any password or right provided to you to obtain information or documents from the Website is non-transferable. DIAKART PRIVATE LIMITED reserves the right to freely transfer, assign, or delegate all or part of this Terms of Use, along with any rights and duties hereunder. These Terms of Use will be binding upon and benefit the heirs, successors, and permitted assignees of the parties involved.

Payment, Fees, and Taxes

The User agrees to pay all Package fees, consulting fees, and other fees associated with the use of Services. The fee is based on the Package purchased by the User and is not dependent on the actual usage of the Services.

  • The User is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. DIAKART PRIVATE LIMITED is not responsible for any taxes other than its own income tax.
  • The fees can be paid online through the Website, with third-party support services required for processing the online payment. DIAKART PRIVATE LIMITED is not responsible for any loss or damage incurred during this process, as these third parties are beyond the Company’s control.
  • Offline payments can be made, either through in-person collection by the company or via other accepted methods.
  • All fees are exclusive of applicable taxes.
  • DIAKART PRIVATE LIMITED reserves the right to modify the fee structure at any time by updating the fee structure on the Website, and such modifications will be considered as valid and agreed communication.
  • To process payments, DIAKART PRIVATE LIMITED may require the User’s bank account, credit card number, or other financial details.

Cancellation and Refund Policy

DIAKART PRIVATE LIMITED reserves the right to reschedule or cancel appointments without prior notice. The time indicated for consultation or test conduction is indicative, and actual time may vary depending on the availability of phlebotomists. Users/customers have the option to reschedule or cancel the service.

  • If an appointment is cancelled or not confirmed by DIAKART PRIVATE LIMITED, the user/customer may request rescheduling within 15 (fifteen) days. Failure to reschedule within this period will result in the forfeiture of any refund or cancellation rights related to the payment made to DIAKART PRIVATE LIMITED.
  • No refunds will be issued after 15 (fifteen) days from the date of payment to the company.
  • If the cancellation meets the terms and conditions, the refund amount will be processed within 15 (fifteen) business days from the date of cancellation. Refunds for cash payments will be transferred via bank account (NEFT) or cheque.
  • DIAKART PRIVATE LIMITED is not responsible for any inconvenience or loss caused to the user due to rescheduling or cancellation.
  • Additionally, DIAKART PRIVATE LIMITED reserves the right to refuse services at any time without providing any reasons.

Collection, Use, Storage and Transfer of Personal Information

Our Website may include pages that give you the opportunity to provide us with Personal Information about yourself. This information will be handled as per the Privacy Policy of the Company. By using the Services, you agree to the following:

  • Collection and delivery of information are dependent on various technical and quality parameters. DIAKART PRIVATE LIMITED assumes no liability for delays due to factors like review, analysis, reporting, or third-party service delays beyond our control.
  • DIAKART PRIVATE LIMITED does not provide medical advice. The services offered should not be considered as a substitute for professional medical advice, diagnosis, or treatment. Please always seek advice from qualified healthcare professionals.
  • DIAKART PRIVATE LIMITED is not responsible for the authenticity of any personal or sensitive personal information provided by the User to DIAKART PRIVATE LIMITED or any third party acting on behalf of the Company.
  • You are responsible for maintaining the confidentiality of your account details, including your password, and for restricting unauthorized access and use of the Services on the Website.
  • You must notify DIAKART PRIVATE LIMITED immediately if you suspect unauthorized access to your account or password.
  • If any information you provide is found to be false, inaccurate, outdated, or incomplete, DIAKART PRIVATE LIMITED has the right to suspend or terminate your account at its sole discretion.
  • You authorize DIAKART PRIVATE LIMITED and its officials to collect electronic copies of your reports from Diagnostic Centres/Labs and provide them to you.

Prohibited Actions

The following actions are strictly prohibited when using the Website or the Services offered by DIAKART PRIVATE LIMITED:

  • Violating or attempting to violate the integrity or security of the Website or any content provided by DIAKART PRIVATE LIMITED.
  • Transmitting any disruptive or competitive information (e.g., job posts, messages, hyperlinks) through the Website.
  • Submitting incomplete, false, or inaccurate information intentionally on the Website.
  • Making unsolicited communications to other Users.
  • Using any automated tool, engine, software, or agent (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, duplicating, or using any DIAKART PRIVATE LIMITED Content or other information available on the Website in any unauthorized manner.
  • Engaging in systematic or automated data collection activities such as scraping, data mining, data extraction, or data harvesting without prior written consent from DIAKART PRIVATE LIMITED.
  • Violating any applicable local, state, national, or international law.
  • Interfering with or disrupting the integrity, security, or performance of the Website and Services.
  • Creating accounts for our Services using unauthorized or automated methods.
  • Framing, hotlinking, or deeplinking any content provided by DIAKART PRIVATE LIMITED.
  • Posting materials on social media pages or other platforms that are unlawful, defamatory, abusive, harassing, obscene, or infringe on the rights of third parties (including intellectual property, privacy, or publicity rights).
  • Posting any unlawful, fraudulent, or defamatory content regarding DIAKART PRIVATE LIMITED on social media platforms.

DIAKART PRIVATE LIMITED does not permit these actions and reserves the right to immediately remove any content that violates these Terms. Furthermore, the Company may block or prohibit Users from accessing or using the Website, social media pages, or applications if these Terms are violated.

Liability

DIAKART PRIVATE LIMITED shall not be liable for any losses, damage, injuries, or expenses incurred by the User due to any disclosures made by DIAKART PRIVATE LIMITED, where the User has consented to such disclosures. The User further agrees not to hold DIAKART PRIVATE LIMITED responsible for disclosures made in compliance with applicable laws and the Privacy Policy.

  • The Services are provided “as is,” without any warranties or conditions, express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. DIAKART PRIVATE LIMITED makes no representations or warranties regarding the Website or Services.
  • DIAKART PRIVATE LIMITED does not verify content provided by Users or diagnostic centers and disclaims any liability for reliance on such content.
  • The information via the Services is for general informational purposes only and does not constitute medical advice.
  • DIAKART PRIVATE LIMITED is not responsible for any third-party websites linked through the Website. The inclusion of any link does not imply endorsement of the linked site, and the User accesses such links at their own risk.
  • We are not responsible for any charges or fees associated with financial transactions on third-party websites.
  • DIAKART PRIVATE LIMITED is not liable for missed services or errors in sample collection or reports from Labs/Diagnostic Centers.
  • DIAKART PRIVATE LIMITED assumes no responsibility for damages to User’s equipment resulting from use of the Website.
  • In no event shall DIAKART PRIVATE LIMITED or its affiliates be liable for direct, indirect, special, incidental, consequential, exemplary, or punitive damages, even if advised of the possibility of such damages.
  • In no event shall the liability of DIAKART PRIVATE LIMITED exceed INR 1,000 for all claims arising from the User’s use of the Website.

Indemnity

User agrees to indemnify and hold harmless DIAKART PRIVATE LIMITED, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any third-party claims, losses, liability, damages, and costs arising from the User’s use of the Website, violation of this Agreement, or infringement of any intellectual property rights of DIAKART PRIVATE LIMITED or any other entity.

  • DIAKART PRIVATE LIMITED will notify the User promptly of any such claim or loss.
  • The User agrees to provide reasonable assistance in defending such claims at their own expense.

DIAKART PRIVATE LIMITED is not responsible for any defamatory, offensive, or illegal conduct of any User. If a User is dissatisfied with any service provided by the diagnostic labs, they may approach the lab directly or discontinue using the Website.

Term, Termination and Disputes

These Terms and Conditions remain in effect while the User continues to use the Website. DIAKART PRIVATE LIMITED reserves the right to terminate access to the Website or the User’s account for any reason, including:

  • User breaches any terms of this Agreement.
  • DIAKART PRIVATE LIMITED is unable to authenticate information provided by the User.
  • User’s actions may cause legal liability or are contrary to the interests of the Website.

The User may remove their account at any time, but termination does not release the User from any liability that has already accrued. Upon termination, the User will no longer have access to their data and other materials on the Website.

These Terms will be governed by the laws of India. Any disputes related to this Agreement will be subject to arbitration in Haryana, India, in English. Jurisdictional courts at Haryana will be entitled to grant interim relief or injunctions.

Severability & Waiver

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of either Party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the Party against whom enforcement is sought. We Do Not Provide Medical Advice: The information that you obtain or receive from DIAKART PRIVATE LIMITED, 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.

Right to Modify Terms of Service

DIAKART PRIVATE LIMITED reserves the right to revise and update these Terms of Use and the Privacy Policy at any time without prior notice. As such, it is the User’s responsibility to periodically review these Terms of Use, the Privacy Policy, and any other policies posted on this Website, all of which are accessible via the homepage. Continued use of the Services will be considered as acceptance of any changes.

  • The User agrees that during the period of this Agreement, DIAKART PRIVATE LIMITED may revise the Terms and Conditions or change the services provided under the Agreement.
  • Any revisions or changes will be binding and effective immediately upon release of the revised Agreement or changes to the Services on the Website.
  • Unless otherwise explicitly notified, these terms will supersede any previous terms associated with the Services.
  • DIAKART PRIVATE LIMITED has the right to discontinue services or deny access to anyone who violates our policies or terms and conditions, without prior notice or warning.

Governing Law

This Privacy Policy and the Terms of Use shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws principles. Any disputes arising in relation to these Terms of Use shall be subject to the jurisdiction of courts in India.

A printed version of these Terms of Use/Agreement and any notices provided in electronic form shall be admissible in judicial or administrative proceedings, to the same extent as other business documents and records originally generated and maintained in printed form.

Entire Agreement

These Terms of Use, together with the Privacy Policy, and any other terms of use/policies posted on the DIAKART PRIVATE LIMITED web portal and related applications, represent the complete and exclusive agreement between you and DIAKART PRIVATE LIMITED regarding the subject matter hereof. These Terms of Use supersede all prior oral or written communications regarding such subject matter.

Your booking of services and the details provided therein will be deemed confirmed unless any changes are made or updated by DIAKART PRIVATE LIMITED. Acceptance of our service is considered acceptance of these Terms of Use and Privacy Policy.

Any rights not expressly granted herein by DIAKART PRIVATE LIMITED are reserved.