Term of Use
Healthcrum’s may disclose or transfer sensitive personal data / information as stated hereinbelow and to the extent it is necessary to carry out the purposes identified herein, to another entity or person located in India or another country, and you hereby consent to such transfer. However such transfer of sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country shall only be carried out if it ensures the same level of data protection that is adhered to by Healthcrum’s provided for under the SPI Rules and/or applicable law and only if such transfer is necessary for the performance of the lawful contract between Healthcrum’s or any person on its behalf and the User or where the User has consented to data transfer from before.
1. Services and use of Website
- Healthcrum’s provides Services through the Website to facilitate customers/ users to avail diagnostic test/ packages facilities through the website. Healthcrum’s is not and shall not be responsible for any sample collected, tests conducted and reports generated by the labs and does not deals with any of User’s client or patient 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: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- User may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Healthcrum’s 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 Healthcrum’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Healthcrum’s will provide the Services only in accordance with applicable laws and government regulations.
- Notwithstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centres and laboratories contacted or managed through the Website and Healthcrum’s shall have no liability or responsibility in this regard. Healthcrum’s 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 centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
- Healthcrum’s may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Healthcrum’s investigates complaints or alleged violations of this Agreement, or for any other reason. Healthcrum’s has the right to edit profiles of diagnostic centres to make them more suitable for Package searches on the Website. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Healthcrum’s immediately for such corrections. Healthcrum’s shall have no liability or responsibility in this regard.
- Shipping and delivery of reports: Healthcrum’s 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 our available date and available time slot.
- Sometimes, sample collection may take longer due to bad weather, political disruptions 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 a soft copy will be sent to you for the same from our end. But, sometimes, some culture tests take time, so your report will be sent when your test results are out and we receive it.
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. Healthcrum’s 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. Healthcrum’s is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Healthcrum’s. The fees could also be paid offline and be either collected personally from the User.
- All fees are exclusive of applicable taxes.
- Healthcrum’s reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
- In order to process the payments, Healthcrum’s might require details of User’s bank account, credit card number etc.
4. Cancellation and Refund Policy
- No refund will be given after 15 days from the day the payment is made to the company. However, in case a written request for refund reaches the company within 15 days, the entire amount paid (without interest-subject to a deduction of Rs. 150/- towards administrative charges) will be credited for any further purchase of similar or exceeding amount within a maximum of 30 days from date of cancellation.
- The stated amount due for refund shall be processed within 15 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.
5. Collection, Use, Storage and Transfer of Personal Information
- Collection and Delivery are dependent on various technical and quality parameters. Healthcrum’s 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. Healthcrum’s 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.
- Healthcrum’s 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 Healthcrum’s or any other person acting on behalf of Healthcrum’s.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’saccount and password, whether or not authorized by the User. The User shall immediately notify Healthcrum’s of any actual or suspected unauthorized use of the User’s account or password.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Healthcrum’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Healthcrum’s has the right to suspend or terminate such account at its sole discretion.
- User do hereby authorise Healthcrum’s and its officials to collect the electronic copy of the report from the Diagnostic centre/ Labs and provide the same to the Users.
- As mandated by Regulation 3(2) of the IG Rules, Healthcrum’s hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time benign force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- The User is also prohibited from:
- Violating or attempting to violate the integrity or security of the Website or any Healthcrum’s 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 Healthcrum’s;
- 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 Healthcrum’s Content or other information available on the Website; and
- Framing or hotlinking or deeplinking any Healthcrum’s Content.
- Healthcrum’s shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Healthcrum’s, where the User has consented to the making of disclosures by Healthcrum’s. The User shall not hold Healthcrum’s responsible or liable in any way for any disclosures by Healthcrum’s inasmuch as it is in compliance of applicable laws including Regulation 6 of the SPI Rules.
- The Services provided by Healthcrum’s 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). Healthcrum’s does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Healthcrum’s 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 Healthcrum’s 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. Healthcrum’s has no control over, and 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 Healthcrum’s endorses the linked site. User 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.
- Healthcrum’s shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection; Healthcrum’s shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centres;
- Healthcrum’s 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 Healthcrum’s, or any of its 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 Rs. 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.
- User agrees to indemnify and hold harmless Healthcrum’s, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by user of any intellectual property or other right of Healthcrum’s or any person or entity. Healthcrum’s will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. Term, Termination and Disputes
- This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
- Healthcrum’s reserves the right to terminate this Agreement, in case:
- A User breaches any terms and conditions of this Agreement
- Healthcrum’s is unable to verify or authenticate any information provided to Healthcrum’s by a User; or
- Healthcrum’s believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Healthcrum’s or are contrary to the interests of the Website.
- 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.
- Healthcrum’s 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 this Agreement or if Healthcrum’s is unable to verify or authenticate any information the User submits to Healthcrum’s, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Healthcrum’s to provide the Services to the User.
- This Agreement and any contractual obligation between Healthcrum’s and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.
- All disputes will be subject to arbitration in New Delhi in English by a sole arbitrator to be appointed mutually by the parties under the Arbitration and Conciliation Act, 1996.
- Even after termination, certain 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 Healthcrum’s, 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
- Healthcrum’s 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 and Dispute Resolution
- 13. Entire Agreement
1. Collection of Personally Identifiable Information
- We collect personally identifiable information (Personal Information) (name, phone number, email etc.) from you when you request for a service. We do not for any reason whatsoever sell your Personal Identifiable Information to any third party or otherwise trade on it. We also collect sensitive personal data and/or information which consists of information relating to health conditions, medical history, height, weight, name, gender, age, password keys to enable access to our Website and any other detail relating to the above information as provided to us for providing the Service of diagnostic tests. These sensitive personal data and/or information as stated above are collected, stored and/or processed for undertaking lawful purpose connected with our business activity and provision of - Services to the User and is as such necessary for achieving the above stated purposes. You acknowledge, agree and give your consent by virtue of utilising the Services and use of our Website for collecting the Personal Information and / or Sensitive Personal Data / information and confirm your knowledge of the purposes for which such information is collected. It is understood that in order to utilise the Website and Services, the User would need to register and as part of the registration process provide personal information. However, the User has the right to not provide the information at any point in time by choosing to not use the Service.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will gather and utilization of individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
We will just hold individual data the length of essential for the satisfaction of those reasons.
We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
We will promptly provide customers with access to our policies and procedures for the administration of individual data.
2. Use of Demographic and Profile Data
- We use personal information to provide the services you request. We use your personal information to troubleshoot problems; collect fees owed; measure interest in our products and services, inform you about online and offline offers and customize your experience. In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our website. We identify and use your IP address to help diagnose problems with our server, and to administer our website.
3. Provision of Personally Identifiable Information to Third Parties
- Healthcrum’s reserves the right to provide aggregate demographic information of its member base to third parties. We may disclose to third party services certain personally identifiable information listed below:
- Information you provide us such as name, email, mobile phone number.
- Information we collect as you access and use our service, including device information, location and network carrier
- This information is shared with third party service providers so that we can:
- Personalize the app/website for you
- Perform behavioural analytics
- Healthcrum’s may disclose or transfer sensitive personal data / information to another entity or person located in India or another country, and you hereby consent to such transfer. However such transfer of sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country shall only be carried out if it ensures the same level of data protection that is adhered to by Healthcrum’s provided for under the SPI Rules and/or applicable law and only if such transfer is necessary for the performance of the lawful contract between Healthcrum’s or any person on its behalf and the user or where the User has consented to data transfer from before.
4. Cookies and Web Beacons
- A “cookie” is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. Healthcrum’s may place both permanent and temporary cookies in your computer’s hard drive. Healthcrum’s's cookies do not contain any of your personally identifiable information.
- Web pages and HTML emails may also contain a small snippet of code called a web beacon. In their simplest form, web beacons allow a website to transfer or collect information through a graphic image request. Healthcrum’s may use web beacons as part of the site, but only for fraud detection.
- In support of eHealth initiatives, we may use and share your medical information for research. We will only use and share information for research after obtaining your consent or if the used data does not expressly identify you in any way.
6. As Required By Law
- We will share your medical information when required to do so by Central, State or local law.
7. To Prevent A Serious Threat To Health Or Safety
- We may use and share your medical information to prevent a serious threat to your health and safety or that of others. We will only share your medical information with persons who can help prevent the threat.
8. Studies and Reports
- We may use and share your medical information to prevent a serious threat to your health and safety or that of others. We will only share your medical information with persons who can help prevent the threat.
- All content on this Website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their related content and arrangement (Content), are either Copyright of Healthcrum’s, or are the proprietary property of Healthcrum’s affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Healthcrum’s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Healthcrum’s provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our Copyright Agent or see our Copyright Policy for more information.
- All trademarks on the Website are either trademarks, tradenames or registered trademarks of Healthcrum’s or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Healthcrum’s. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Healthcrum’s or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Healthcrum’s. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
- Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the Website may be used by you solely for accessing and using this Website for purposes expressly stated on the Website, provided that such uses are not competitive with or derogatory to Healthcrum’s. Healthcrum’s retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
12. Intellectual Property
- The User will not copy, add to, alter, amend or deface the Intellectual Property of the company.
13. Retention of personal information
- We will retain your information for such period as we are legally obliged to keep it or for the period necessary for the purposes for which the data was collected or for which it is to be processed further, whichever is the longer. The information collected shall be used for the purpose for which it has been collected and you must ensure upon review of the information submitted that it is updated by intimation to us so that it is not found to be inaccurate or deficient. Provided however, that we shall not be responsible for the authenticity of the personal information or sensitive personal data or information supplied by you.
14. Healthcrum’s Content, Product and Service Information Limitations
- All content available through the Website, including but not limited to data, technical drawings, configurations, quote and order information, and catalogue listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Website. Specifications for products and services are subject to change without notice, and Healthcrum’s reserves the right to make changes without notice to processing, materials, or configuration. Healthcrum’s does not guarantee that products or services listed in its online catalogue will be available at the time of your order. All information on the Website is subject to the Disclaimer on the site.
17. Privacy Statement