Terms and Conditions
With effect from 10th June 2016
User disclaimer & terms and conditions for using ‘HealthScion facility’* online.
(* facility includes the online use of ScionTra, LabScion, HealthScion Lab, HealthScion clinic and any/all other usage, under any nomenclature, as permitted to me from time to time)
For the purpose of this agreement ‘registered user’ is a user duly registered with the HealthScion by following the procedure prescribed. The registered user shall have the access to the entire facility on the website of the HealthScion. Every other user who is not ‘registered’ is ‘unregistered user’. The unregistered user shall have limited access to the websites of HealthScion facility by any nomenclature as permitted by the HealthScion.
Terms and Conditions for online usage
I acknowledge and accept the terms and conditions for using HealthScion facility mentioned herein below and I declare as under:
I declare that I am accepting the terms and conditions attached with the use/access of HealthScion facility.
Terms of Service
These Terms of Service (“Terms”) govern my access to and use of the services, including any acceptance/acknowledgment furnished by me to HealthScion personally or to my lab or clinic or any/all other usage, under any nomenclature, as permitted to me by HealthScion from time to time. My access to and use of the HealthScion facility are conditional on my acceptance of and compliance with these Terms. By accessing or using the HealthScion facility, I agree to be bound by these Terms absolutely.
These Terms & Conditions shall govern the use by the registered as well as unregistered user.
1. Basic Terms
i)I know that HealthScion facility is an online facility enabling me to access and view my clinical reports and other ancillary/associated documents duly published by my lab, clinic, hospital etc. or by me entirely free of cost (till it is otherwise resolved by the HealthScion) and subject to just exceptions and conditions prevalent. My access to the above said facility is dependent & controlled by the unique login ID and password provided to me by my lab, clinic, hospital etc. or directly created by me with the HealthScion. I am duty bound to preserve, protect and safeguard, in all respects, the said unique ID and password so as to rule out any possibility of its misuse/abuse. I know that this online facility facilitate me to preserve my clinical data safely and I keep HealthScion indemnified for any loss, destruction of said data by my own mistakes or mishandling or for the reasons beyond the reasonable control of the HealthScion.
ii)I know that HealthScion has provided me with the facility of opening my own new account with HealthScion facility. The password of this account shall be created by me and shall remain confidential with me only. However I am also facilitated to register and login through Facebook. By opting for login through Facebook, I will also be provided with a temporary password, which will help me to login through my unique login ID. For security reasons, I understand that I should follow the recommendation of the HealthScion with regard to change of password as soon as possible. Any mishandling, abuse, misuse of my said account shall be my sole responsibility with no liability/responsibility of HealthScion and I always keep HealthScion indemnified for any such misuse, abuse or mishandling.
(iii)I am also aware that the benefits viz. discounts, sample pickup facility, price check, upload prescription to get a price quote, test booking, coupon generation etc. featured on the website of the HealthScion facility on behalf of the lab or the clinic or hospital etc., as the case may be, is not a promise or assurance made by the HealthScion and the realisation of any such benefit shall be the sole discretion of the concerned lab or clinic or hospital etc., as the case may be. No contractual obligation is created by any such declaration, promise or assurance and I shall not hold HealthScion for any such breach by any such lab or clinic or hospital etc.
iv).I know that I will be able to access my reports, prescriptions, prints, graphs, images etc. already published by my lab or clinic or hospital etc. visited by me or already uploaded by me and I can also upload new prescription reports/prints/graphs/images etc. i.e. material related to my health issues only, which have been procured by me from any other lab/clinic/hospital etc. (registered/unregistered with HealthScion).
v)I am responsible for my any such use of the HealthScion facility beyond the scope as defined in clause 1 (i) – (iv) above. Any mishandling, misuse or abuse of HealthScion facility by me or on my behalf shall necessarily attract consequences, legal or otherwise, thereof. The HealthScion shall not be liable or responsible for any mishandling by me and I shall keep HealthScion indemnified for any such misuse, mishandling etc. by me or on my behalf.
vi)I know that the HealthScion shall also not be liable or responsible for any misuse/abuse of any data uploaded on my account, misused/abused byhacking by stranger/third party or otherwise for the cause and reasons beyond the reasonable control of HealthScion and I shall keep HealthScionindemnified for any such misuse/abuse.
vii)I agree that I have editing rights qua the data uploaded by me or published by my lab, clinic, etc. and any editing in the data, in any manner whatsoever, shall be the sole responsibility of me with no liability of HealthScion, whatsoever. I am permitted with, by using HealthScion facility, to share the data uploaded by me by downloading or via e-mail or otherwise.
viii)I also undertake to upload/tag only such data/material, which is legally permissible under the law of the land. Any violation of this sub-clause shall necessarily attract legal consequences.
ix)I also agree that HealthScion facility shall have absolute rights for all times to come to use such data/material uploaded/tagged by me for any purpose including promotional purpose by keeping my identity intact in terms of clause 4 below.
2. Online Payment to labs/clinics/hospitals:
i)I am aware that to avail hassle free benefit of the facilities mentioned in clause 1 above, I am being provided by the HealthScion facility a payment gateway through which I can directly submit/deposit the fees chargeable on the test/examination desired by me in accordance with the fees schedule mentioned therein.
ii)I am aware that the payment though made through HealthScion facility, but has been collected on behalf of the concerned lab opted by me for conduct of my desired test/examination.
iii)The acknowledgement receipt of any such payment will be issued by the HealthScion facility, however the invoice of any such payment made through the payment gateway shall be procured by the concerned lab on presentment of the acknowledgement receipt issued by the HealthScion facility.
iv)I have clearly understood that the payment is strictly collected on behalf of the concerned lab with no liability qua lapse, transactional failure, technical errors etc.
v)I have understood that only when the acknowledgement receipt is issued by the cloudchowk facility in relation to any particular payment, then and only then, it would be treated as “PAYMENT MADE”.
I understand that appointment once made/registered with the lab through HealthScion facility shall not be cancelled in any manner, whatsoever by me. However, the principle force majeure will be applicable subject to the reasons provided by me and the approval of the same by the HealthScion facility.
a.I understand that in case of cancellation of appointment with the concerned lab, either by me or by the lab subject to clause 2 (vi) above, the payment made by me may be refunded by the HealthScion facility if the cancellation falls under the principle of force majeure.
b.I clearly understand that once the payment is released to the concerned lab by the HealthScion facility or the facilities desired by me are availed of, whichever is earlier, I shall not be entitled to any kind of refund whatsoever.
c.In case payment for availing one facility is made more than once and the facility/services are availed only once, the excess amount shall be refunded within 10 working days.
I know that any facility provided by HealthScion facility to me is user/patient specific and I undertake that I shall not encroach in the information or contents of any other user by misusing/abusing such facility, as the same shall amount to violation of privacy of other user. I am aware that any such violation shall necessarily follow legal consequences.
4. User ID and passwords
I know that I can access HealthScion facility with the aid of unique ID and password as provided by the lab, clinic, hospital, etc. to which is registered with HealthScion. I can also access HealthScion facility by creating my own account and personal password on the website of HealthScion. I am responsible for safeguarding my account access details, which I use to access HealthScion facility and for any activities or actions under my account. The HealthScion has encouraged me to use a “strong” password (passwords that uses a combination of upper and lower case letters, numbers and symbols) with my account. I am aware that the HealthScion cannot and will not be liable for any loss or damage arising from my failure to comply with these conditions.
5. Data of user
I am aware and therefore acknowledge the same that the clinical data, as recorded with the lab/clinic/hospital etc. or uploaded by me directly on my account through HealthScion facility, shall also be the property of HealthScion. I permit the use of such data by HealthScion, except my personal data, related to my identity, namely my name & address. I further permit HealthScion to use such data for any legal purpose viz. providing the same to any company etc. for research etc. I shall never claim any compensation, damages etc. for such use of my clinical data for all the purposes legally permissible and practically possible. I shall also keep indemnify the HealthScion from any criminal prosecution for any such use of my clinical data available and in possession of the HealthScion. However, it is specifically clarified that by accessing HealthScion facility I am permitting HealthScion on its own discretion, to keep me informed about new policies, terms & conditions, levying of fees/charges etc., any marketing, promotional, informational text by way of messages, emails and phone calls on my registered mobile number or email address.
6. Charges to use HealthScion facility
I am aware that the access to HealthScion facility is free of cost at present. I accept any future change in the policy of HealthScion in relation to HealthScion facility. I am also aware that any payment/charges made/paid against any such usage charge shall be the sole responsibility of me and that I shall not claim any compensation/damages for any such payment in lieu thereof. I am also aware that any charges to such effect, if made applicable in future, HealthScion shall intimate the user about the same through the e-mail associated with my account or with a caution note on my first attempt to access HealthScion facility after the application of such policy.
7. Copyright Policy
I am aware and acknowledge that the HealthScion respects the intellectual property rights of others and expects users of the HealthScion facility to do the same. In case of any violations therein, I allow HealthScion to take appropriate steps, legal or otherwise, in order to correct such violations and for getting adequately compensated for the same.
8. Ending These Terms
I acknowledge and accept that these terms will continue to apply until terminated by either cloudchowk or me as follows.
I may end my legal agreement with HealthScion at any time for any reason by my discontinuing my use of the HealthScion facility. However, I agree that the data in possession of HealthScion, through HealthScion facility, immediately prior to such termination will always remain the property of HealthScionhaving user permission by me in above terms. I am also aware that HealthScion may suspend or terminate my account or cease providing me with all or part of the HealthScion facility at any time for any reason, including, but not limited to, if HealthScion reasonably believe: (i) I have violated any of the terms of this agreement, (ii) I have created risk or possible legal exposure for HealthScion facility. I am also aware that HealthScion facility will make reasonable efforts to notify me about this by the email address associated with my account or the next time my attempt to access my account.
9. Disclaimers and Limitations of Liability
[Please read this section carefully since it limits the liability of HealthScion facility and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.]
A. The Services are Available “AS-IS” basis.
I know that my access to and use of the services or any content are at my own risk. I understand and agree that the services are provided to me on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable laws, I endorse THE HEALTHSCION DISCLAIMING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
I understand and agree that the HealthScion facility makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from my access to or use of the services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; and (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. I understand that No advice or information, whether oral or written, obtained from the HealthScion facility, will create any warranty not expressly made herein.
I understand and agree that the services may contain links to third-party websites or resources. I acknowledge and agree that the HealthScion facility is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the HealthScion facility of such websites or resources or the content, products, or services available from such websites or resources. I acknowledge sole responsibility for and assume all risk arising from my use of any such websites or resources.
C. Limitation of Liability
I UNDERSTAND AND AGREE THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HEALTHSCION FACILITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) MY ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF MY TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HEALTHSCION FACILITYY HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. General Terms
A. Waiver and Severability
I understand and agree that the failure of HealthScion facility to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
I agree that these Terms and any action related thereto will be governed by the laws of Republic of India without regard to or application of its conflict of law provisions of my State or Country of residence. All claims, legal proceedings or litigation arising in connection with the services will be brought solely in the Courts of competent jurisdiction in Delhi, India, and I consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum etc.
C. Entire Agreement
I understand and agree that these Terms, including my agreement with my lab/clinic/hospital etc. are the entire and exclusive agreement between HealthScion and me regarding the use of HealthScion facility, and these Terms supersede and replace any prior agreements between HealthScion and me regarding the use/access of/to HealthScion facility. The HealthScion facility may revise these Terms from time to time. However, the most current version will always be at the website of HealthScion facility (lab or clinic, as applicable). If the revision, in sole discretion of HealthScion facility, is material HealthScion facility will notify me via HealthScion facility websites or e-mail to the email address associated with my account. By continuing to access or use the HealthScion facility after those revisions become effective, I agree to be bound by the revised Terms.
The use of HealthScion facility are operated and provided by HealthScion Technologies Private Limited, 24 School Lane, Near World Trade Centre, New Delhi – 110001 (for short HealthScion). If you have any questions about these Terms, please contact us at [email protected]