www.diakart.com is owned and operated by Diakart Healthcare Technologies Private Limited, #2252, 22nd Floor, World Trade Center, Brigade Gateway, Malleshwaram, Bangalore - 560 055. Diakart is an online platform of various health check-up packages being offered by various laboratories and hospitals that have tied up with us (“Diakart” or “Us”). These Terms and Conditions available need to be read carefully before the users (“You”) decide to access our Website.
THESE TERMS TOGETHER SHALL GOVERN THE UNDERSTANDING SHARED BETWEEN US AND THE USERS. SHOULD YOU NOT INTEND TO ACCESS THE WEBSITE OR HAVE ANY CONCERNS, PLEASE DO NOT ACCESS THE WEBSITE, ELSE IT SHALL BE DEEMED THAT, YOU AGREE TO ABIDE BY THE TERMS CONTAINED HEREIN.
1. We reserve the right to modify any portion of the Terms for any reason and at any time, which shall directly reflect on the website. You should read the Terms at regular intervals. Your use of our website following any such modification constitutes your agreement to follow and be bound by the terms so modified.
2. We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied to us by You, or to any other person acting on behalf of Diakart.
3. You are solely responsible for maintaining the confidentiality of your account access information and password, if you are registered on the Website. You shall be responsible for all usage of the Your account and password, whether or not authorized by You. You shall immediately notify Diakart, of any actual or suspected unauthorized use of Your account or password. Diakart will not be liable for your losses caused by any unauthorized use of your account and only You shall be liable for the said loss.
4. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Diakart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Diakart has the right to discontinue the Services to You at its sole discretion.
5. Indemnity: You undertake to indemnify Diakart, its successors, representatives, affiliates including but not limited to its employees and directors from and against any and all losses or damages or expenses (including attorney fee and court fee/costs involved) caused to Diakart due to: (i) any third party claim; (ii) any violation of privacy laws due to unauthorised usage/misuse by You of information of third parties; (iii) infringement of confidential information revealed to You by Diakart; (iv); infringement of intellectual property rights; and (v) breach of any of the terms contained herein.
6. Limitation of Liability: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Diakart’s liability is limited to the value of the amount paid by the User and commission retained per User by Diakart herein.
7. Disclaimer: The User shall be solely responsible for any and all acts undertaken on our website, including but not limited to the subscribing to a certain package listed on the website to the laboratory chosen. Diakart expressly excludes itself from any and all warranties barring those specifically undertaken herein. Diakart shall not be liable for any mishap or prediction provided by the laboratory or hospitals under the Report. Diakart works as a facilitator hence shall be not be privy to any contractual understanding between the Users and the hospital or laboratory.
8. Caveat Emptor: It shall be the sole responsibility of the User to choose the laboratory or hospital listed on our website looking into the accreditations listed on the laboratory or hospital website.
Governing Law: This Agreement shall be governed by and construed in accordance with Indian laws and The Parties expressly agrees to the sole jurisdiction of Bangalore Courts.
Jurisdiction: Should there be any disputes arising herein, the parties shall try to settle the same amicably, however, if the same remains unresolved for more than fifteen (15) days, the parties shall have the option of approaching the courts or an arbitrator, as the case may be. Should the parties choose arbitration, the parties shall mutually agree upon a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 with the seat and venue of arbitration being Bangalore and the language of the proceedings being English.
For any queries/complaints please use the contact details as provided below: