Privacy Policy

DIAGNORAYS HEALTHCARE INDIA PRIVATE LIMITED

Terms & Conditions

 

DIAGNORAYS HEALTHCARE INDIA PRIVATE LIMITED (“Company”/”DiagnoRays”) is the author and publisher of the web application https://www.Diagnorays.com (“Website”/”DiagnoRays”) on the world wide web as well as the software and web/mobile applications provided by DiagnoRays, including the services it provides which are listed in the Website. Diagnorays Healthcare Private Limited owns and operates the services provided through the Website.

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.DiagnoRays.com/PrivacyPolicy Action (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by DiagnoRays. These Terms/conditions and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and DiagnoRays in connection with your visit to the Website and your use of the Services.

The Agreement applies to you whether you are –

A diagnostic center, hospital, clinic or any other health care providing entity (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such diagnostic centers, hospitals, clinics, practitioners or institutions (“Diagnostic centres(s)”, “you” or “User”); or

-          A patient/ service-seeker(s), his/her representatives or affiliates, searching for diagnostic centers through the Website (“End-User”, “you” or “User”); or

-          Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by DiagnoRays on the Website, which are offered to the Users (“Services”), including the following:

For Diagnostic centers:

Listing of Diagnostic centres and their profiles and contact details, to be made available to the other Users and visitors to the Website; accept patient/ service-seeker(s)/customers who made online appointment at their Diagnostic centre through our website; accept online payments made to their Diagnostic centre through the payment gateway availed through DiagnoRays Services, to use free/subscription based services such as Report Generation Module and Online Reports and any other such services made available to the other Users and visitors to the Website.

For Other Users:

Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Diagnostic centres by name, ratings, popularity, specialty, and geographical area, or any other criteria that may be developed and made available by DiagnoRays, (iii) to make appointments with Diagnostic centres, (iv) to blood collection from home (v) to make online payments through our partner payment gateway channels (vi) to avail Online Reports and any other such services made available to the users.

The Services may change from time to time, at the sole discretion of DiagnoRays, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website/mobile application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at  [email protected]  if you are a representative of the Registered/Listed Diagnostic centre or at  [email protected]  if you are a user or visitor to the website/mobile application.

By downloading or accessing the Website/mobile application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website/mobile application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/mobile application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website/mobile application or avail any Services.

Your access to use of the Website/mobile app. and the Services will be solely at the discretion of DiagnoRays.

The Agreement is published in compliance of, and is governed by the provisions of Indian law.

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, visit or use the Website/mobile app. in any manner. By registering, visiting and using the Website/mobile app.  or accepting this Agreement, you represent and warrant to DiagnoRays that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/mobile app and the Services available through the Website/mobile app, and agree to and abide by this Agreement.

TERMS OF USE

END-USER ACCOUNT AND DATA PRIVACY

The terms “personal information” and “sensitive personal data or information” are defined under the SPI (Sensitive Personal Data and Information) Rules, and are reproduced in the Privacy Policy.

DiagnoRays may, by its Services, collect information relating to the devices through which you access the Website/mobile application, and anonymous data of your usage. The collected information will be used only for improving the quality of DiagnoRays services and to build new services.

The Website/mobile app. allows DiagnoRays to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Diagnostic centers and their practice.

The Privacy Policy sets out, inter-alia:

● The type of information collected from Users, including sensitive personal data or information;

● The purpose, means and modes of usage of such information;

● How and to whom DiagnoRays will disclose such information; and,

● Other information mandated by the SPI Rules.

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

● the fact that certain information is being collected;

● the purpose for which the information is being collected;

● the intended recipients of the information;

● the nature of collection and retention of the information; and

● the name and address of the agency that is collecting the information and the agency that will retain the information; and

● the various rights available to such Users in respect of such information.

DiagnoRays 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 DiagnoRays or to any other person acting on behalf of DiagnoRays.

The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/mobile application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DiagnoRays of any actual or suspected unauthorized use of the User’s account or password. Although DiagnoRays will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DiagnoRays or such other parties as the case may be, due to any unauthorized use of your account.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DiagnoRays has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DiagnoRays has the right to discontinue the Services to the User at its sole discretion.

DiagnoRays may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

Against every Diagnostic centres listed in DiagnoRays.com, you may see a ‘customer care  number’ option. When you choose this option, you choose to call the number through a telephone service provided by DiagnoRays, and the records of such calls are recorded and stored in IVR company partner servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by DiagnoRays should be used only for appointment booking and enquiry purposes. DiagnoRays accepts no liability if the call facility is not used in accordance with the foregoing.

RELEVANCE ALGORITHM

DiagnoRays relevance algorithm for the Diagnostic centres is a fully automated system that lists the Diagnostic centres, their profile and information regarding their Practice on its Website/mobile application. These listings of Diagnostic centres do not represent any fixed objective ranking or endorsement by DiagnoRays. DiagnoRays will not be liable for any change in the relevance of the Diagnostic centres on search results, which may take place from time to time. The listing of Diagnostic centres will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. DiagnoRays in no event will be held responsible for the accuracy and the relevancy of the listing order of the Diagnostic centres on the Website/mobile application.

LISTING content AND DISSEMINATING INFORMATION

DiagnoRays collects, directly or indirectly, and displays on the Website/mobile application, relevant information regarding the profile and practice of the Diagnostic centres listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. DiagnoRays takes reasonable efforts to ensure that such information is updated at frequent intervals. Although DiagnoRays screens and vets the information and photos submitted by the Diagnostic centres, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by DiagnoRays or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). DiagnoRays does not provide or make any representation, warranty or guarantee, express or implied about the Website/mobile application or the Services. DiagnoRays does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/mobile application. To the fullest extent permitted by law, DiagnoRays disclaims all liability arising out of the User’s use or reliance upon the Website/mobile application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/mobile application, or any opinion or suggestion given or expressed by DiagnoRays or any User in relation to any User or services provided by such User.

The Website/mobile app. may be linked to the website/mobile app. of third parties, affiliates and business partners. DiagnoRays has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/mobile app or made available by/through our Website/app. Inclusion of any link on the Website/mobile app does not imply that DiagnoRays endorses the linked site. User may use the links and these services at User’s own risk.

DiagnoRays 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/mobile app or the downloading of any material, data, text, images, video content, or audio content from the Website/mobile app. If a User is dissatisfied with the Website/mobile app, User’s sole remedy is to discontinue using the Website/mobile application.

If DiagnoRays determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, DiagnoRays reserves the right to immediately suspend your access to the Website/mobile application or any of your accounts with DiagnoRays and makes such declaration on the website/mobile application alongside your name/your center’s name as determined by DiagnoRays for the protection of its business and in the interests of Users. You shall be liable to indemnify DiagnoRays for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DiagnoRays or its Users.

BOOK APPOINTMENT,CALL FACILITY AND UPLOAD PRESCRIPTION

DiagnoRays enables Users to connect with Diagnostic centres through three methods:

a) Book facility that allows Users book an appointment through the Website and Mobile Applications;

b) Value added telephonic services which connect Users directly to the customer care number provided on the Website and Mobile Applications.

 C) By uploading the prescription written by the doctor in which the user uploads his/her prescription in the website and mobile application Then the DiagnoRays customer care representative of will call up the user and according to their preference make test booking.

D) DiagnoRays will ensure Users are provided confirmed appointment on the Book facility. However, DiagnoRays has no liability if such an appointment is later cancelled by the Diagnostic centres, or the same Diagnostic centres is not available for appointment.

 

E) If a User has utilized the telephonic services, DiagnoRays reserves the right to share the information provided by the User with the Diagnostic centres and store such information and/or conversation of the User with the Diagnostic centres, in accordance with our Privacy Policy.

 

F) The results of any search Users perform on the Website for Diagnostic centres should not be construed as an endorsement by DiagnoRays of any such particular Diagnostic centres. If the User decides to engage with a Diagnostic centres to seek medical services, the User shall be doing so at his/her own risk.

 

G) Without prejudice to the generality of the above, DiagnoRays is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Diagnostic centres. User understands and agrees that DiagnoRays will not be liable for:

 

● User interactions and associated issues User has with the Diagnostic centres;

● the ability or intent of the Diagnostic centres or the lack of it, in fulfilling their obligations towards Users;

● any wrong procedural inaccuracy / incorrect inferential report diagnosis or quality of tests suggested further are being given by the Diagnostic centres, or any incorrect report analysis or negligence on any part of the tests provided by the Diagnostic centres;

● Insufficient testing, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Diagnostic centres to provide the agreed Services;

● any misconduct or inappropriate behaviour by the Diagnostic centres or the Diagnostic centres  staff; ● cancellation or no show by the Diagnostic centres or rescheduling of booked appointment or any variation in the fees charged

 

Users are allowed to provide feedback about their experiences with the Diagnostic centres, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, DiagnoRays shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Diagnostic centres from the Website.

In case of a ‘Customer/Patient/Service-seeker(s)-No-Show (C.N.S)’ (defined below), where the User does not show-up at the concerned Diagnostic centre:

User’s account will be temporarily disabled from booking further online appointments on DiagnoRays.com for next few months at the discretion of management. However, the User can continue to call the center via DiagnoRays.com to get an appointment.

Cancellation and Refund Policy

In the event that, the Diagnostic Centres with whom User has booked a paid appointment via the Website, has not been able to provide the service the User, User needs to write to us at [email protected] within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next Seven (7) To Fifteen (15) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Diagnostic centres, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Diagnostic Centres/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.

Users will not be entitled for any refunds in cases where, the Diagnostic centres is unable to provide service to the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Diagnostic centres.

Payments:

The payment gateway option is being provided to the patient/ service-seeker(s)s to make collection of payment easier. In case wrong bank account details are provided by Diagnostic centres, DiagnoRays will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, the diagnostic centres could contact [email protected] and the service-seekers could contact [email protected] or call customer care number.

SMS (messages):

DiagnoRays is not liable, if for any reason the follow-up SMS messages are not delivered to the User(s), or are delivered late or not accessed, despite its best efforts. While DiagnoRays will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the follow-up SMS to the User(s), DiagnoRays makes no promise or guarantee for any uninterrupted SMS.

 

NO DOCTOR/CENTER-PATIENT/ SERVICE-SEEKER(S) RELATIONSHIP; NOT FOR EMERGENCY USE

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website or Blog or Forums (including information provided in direct response to your questions or postings) may or may not be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient/ service-seeker(s) relationship, between DiagnoRays and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from certified Diagnostic centres.

It is hereby expressly clarified that, the Information that you obtain or receive from DiagnoRays, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. 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.

The Services are not intended to be a substitute for getting in touch with emergency health care. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

 

DiagnoRays is not responsible for verifying the accuracy or incompleteness of User details provided by Diagnostic centres and shall not be liable for any errors in the same.

 

Terms for Diagnostic centres:

The Diagnostic centres shall reply to the patient/ service-seeker(s) after receiving patient/ service-seeker(s)’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Diagnostic centres, DiagnoRays has the right to show other available Diagnostic centres to the patient/ service-seeker(s) or remove Diagnostic centres from the platform/DiagnoRays application/site.

The Diagnostic centres understands and agrees that, DiagnoRays shall at its sole discretion, at any time be entitled to, show other Diagnostic centres available for consultation.

The Diagnostic centres further understands that, there is a responsibility on the Diagnostic centres to treat the patient/ service-seeker(s)s on this model, as the Diagnostic centres would have otherwise treated the patient/ service-seeker(s) on a physical one-on-one consultation model.

The Diagnostic centres has the discretion to cancel any consultation at any point in time in cases where the Diagnostic centres feels, it is beyond their expertise or capacity to provide tests for the patient/ service-seeker(s). In such cases, patient/ service-seeker(s) has the option of choosing other Diagnostic centres.

The Diagnostic centres shall at all times ensure that all the applicable laws that govern the Diagnostic centres shall be followed and utmost care shall be taken in terms of the consultation being rendered.

The Diagnostic centres acknowledge that should DiagnoRays find the Diagnostic centres to be in violation of any of the applicable laws/rules/regulations/guidelines set out by the authorities then DiagnoRays shall be entitled to cancel the consultation with such patient/ service-seeker(s) or take such other legal action as may be required.

It is further understood by the Diagnostic centres that the information that is disclosed by the patient/ service-seeker(s) at the time of in-house doctor consultation/testing, shall be confidential in nature and subject to patient/ service-seeker(s) and in-house doctor’s privilege and the Diagnostic Centres shall abide by this principle.

The Diagnostic centres shall ensure patient/ service-seeker(s)’s consent is obtained prior to uploading the prescription/health records of the patient/ service-seeker(s) on the account of the patient/ service-seeker(s).

Terms for Patients/ Service-seeker(s):

The User hereby grants consent to DiagnoRays to feature the queries posted by the User on the DiagnoRays and agrees that any such information provided by the User will be subject to DiagnoRays Privacy Policy.

DiagnoRays Live Chat is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring doctor consultation and testing. Further, if the Diagnostic centres adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient/ service-seeker(s), to book an appointment for physical examination and in-person consultation whether the same is with the Diagnostic centres listed hereunder or otherwise. In case of any negligence on the part of the patient/ service-seeker(s) in acting on the same and the condition of the patient/ service-seeker(s) deteriorates, DiagnoRays shall not be held liable.

The User understands and agrees that DiagnoRays LiveChat, is merely a communication model, any interactions and associated issues with the Diagnostic centres on DiagnoRays Live Chat including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Diagnostic centres. The User shall not hold DiagnoRays responsible for any such interactions and associated issues thereby rendering DiagnoRays liable.

As a User, you understand that, DiagnoRays is not a medical service provider, nor is it involved in providing any healthcare or medical advice, testing or diagnosis. It shall hence not be responsible for any outcome from the consultation between the User and the Diagnostic centres.

DiagnoRays is a platform being made available to Users to assist them to obtain appointment/consultation from Diagnostic centres and does not intend to replace the physical consultation & testing with certified and registered doctors whether in association with the registered Diagnostic centres on DiagnoRays or not.

You understand that, your conversations/interactions with the Diagnostic centres will be retained in our database as per the applicable laws.

If you decide to engage with a Diagnostic centres to procure medical services to you, you shall do so at your own risk. DiagnoRays shall not be responsible for any breach of service or service deficiency by any Diagnostic centres.

If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Diagnostic centres’ account, please reach out to [email protected].

Cancellations/Refunds: In case of patients/ service-seeker(s), where the Diagnostic centres has acted in contravention with any guidelines/applicable laws/rules/regulations, DiagnoRays shall provide complete refund to the patient/ service-seeker(s), subject to investigation undertaken by DiagnoRays. However, where the cancellation is due to the abusive nature of the patient/ service-seeker(s), such patient/ service-seeker(s) shall not be eligible for any refund and DiagnoRays/Diagnostic centres shall be entitled to take any legal action, depending upon the gravity of the matter.

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website are (i) User generated content, or (ii) belong to DiagnoRays. The information that is collected by DiagnoRays directly or indirectly from the End-Users and the Diagnostic centres shall belong to DiagnoRays. Copying of the copyrighted content published by DiagnoRays on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DiagnoRays reserves its rights under applicable law accordingly. The contents listed on the Website are (i) User generated content, or (ii) belong to DiagnoRays. The information that is collected by DiagnoRays directly or indirectly from the End-Users and the Diagnostic centres shall belong to DiagnoRays. Copying of the copyrighted content published by DiagnoRays on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DiagnoRays reserves its rights under applicable law accordingly.

DiagnoRays authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "DiagnoRays content"), are the property of DiagnoRays and are protected under copyright, trademark and other laws. User shall not modify the DiagnoRays content or reproduce, display, publicly perform, distribute, or otherwise use the DiagnoRays content in any way for any public or commercial purpose or for personal gain.

User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with DiagnoRays or with any Diagnostic centres will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical content”) relating to Diagnostic centres or other healthcare professionals. The role of DiagnoRays in publishing Critical content is restricted to that of an ‘intermediary’ under The Information Technology (Amendment) Act, 2008. DiagnoRays disclaims all responsibility with respect to the content of Critical content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. DiagnoRays shall not be liable to pay any consideration to any User for republishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by these Terms. Without prejudice to the detailed terms stated here, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. DiagnoRays, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree that DiagnoRays may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

● Obtaining feedback in relation to Website or DiagnoRays’s services; and/or

● Obtaining feedback in relation to any Diagnostic centres listed on the Website; and/or

● Resolving any complaints, information, or queries by Diagnostic centres regarding your Critical content;

● and you agree to provide your fullest cooperation further to such communication by DiagnoRays.

 

Appointments/Reports/Records

DiagnoRays may provide End-Users with a free facility for ‘Appointments/Reports/Records’. Information available in your Records is of two types:

User-created: Information uploaded by you or information generated during your interaction with DiagnoRays ecosystem, eg: appointments, diagnostic tests you are interested to enquire or undergo, previous history/ailments/allergies/ health conditions, medicines being used by you. Center-created: Health Records and Diagnostic Reports generated by your interaction with Diagnostic centre(s) that use Services of DiagnoRays software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

● Your Records is only created after you have signed up and explicitly accepted these Terms.

● Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Diagnostic centres and DiagnoRays does not validate the said information and makes no representation in connection therewith. You should contact the relevant Diagnostic centres in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

● The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, DiagnoRays is not liable for any interruption that may be caused to your access of the Services.

● The remainder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Diagnostic centres. In the event of any periodical testing reminders provided by DiagnoRays, you may refer to your Doctor/Practitioner if such a test is required before you undergo it. DiagnoRays is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.

● It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. DiagnoRays is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with DiagnoRays.

DiagnoRays uses industry–level security and encryption to your Health Records. However, DiagnoRays does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform DiagnoRays of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected].

If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. DiagnoRays assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify DiagnoRays and its officers against any such claim or liability arising out of unauthorized use of such information.

In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Diagnostic centres will continue to be stored in their respective accounts.

DiagnoRays is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

The Health Records are shared with the emails/phone numbers that are provided by your Diagnostic centres. DiagnoRays is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Diagnostic centres.

DiagnoRays is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Diagnostic centre is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

DiagnoRays has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

DiagnoRays will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

You agree and acknowledge that DiagnoRays may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

You acknowledge that the Diagnostic centres you are visiting may engage DiagnoRays software or third party software for the purposes of the functioning of the Diagnostic centres’ business and DiagnoRays services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.

To the extent that your Records have been shared with DiagnoRays or stored on any of the DiagnoRays products used by Diagnostic centres you are visiting, and may in the past have visited. You hereby agree to the storage of your Records by DiagnoRays pertaining to such previously visited diagnostic centers/clinics/hospitals who have tie ups with DiagnoRays for the purposes of their business and for DiagnoRays's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with DiagnoRays, to the mapping of such Records as may be available in DiagnoRays’s database to your User account.

TERMS OF USE - DIAGNOSTIC CENTERS

The terms in this Clause are applicable only to Diagnostic centres

LISTING POLICY

● DiagnoRays, directly and indirectly, collects information regarding the Diagnostic centres’ profiles, contact details, and practice. DiagnoRays reserves the right to take down any Diagnostic centres’ profile as well as the right to display the profile of the Diagnostic centres, with or without notice to the concerned Diagnostic centres. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform DiagnoRays immediately to enable DiagnoRays to make the necessary amendments.

● DiagnoRays shall not be liable and responsible for the ranking of the Diagnostic centres on external websites and search engines.

● DiagnoRays 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 or publications made by DiagnoRays, where the User has explicitly or implicitly consented to the making of disclosures or publications by DiagnoRays. If the User had revoked such consent under the terms of the Privacy Policy, then DiagnoRays shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by DiagnoRays prior to its actual receipt of such revocation.

● DiagnoRays reserves the right to moderate the suggestions made by the Diagnostic centres through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, DiagnoRays shall not be liable if any inactive, inaccurate, fraudulent, or nonexistent profiles of Diagnostic centres are added to the Website.

● Diagnostic centres explicitly agree that DiagnoRays reserves the right to publish the content provided by Diagnostic centres to a third party including content platforms.

● When you are listed on DiagnoRays.com, End-Users may see a ‘contact number’ option. When End-Users choose this option, they choose to call your number through a telephone service provided by DiagnoRays, and the records of such calls are recorded and stored in DiagnoRays’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by DiagnoRays should be used only for appointment and booking purposes, and not for any other purpose. DiagnoRays accepts no liability if the call facility is not used in accordance with the foregoing.

● You as a Diagnostic centre hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DiagnoRays accepts no liability for the same.

PROFILE OWNERSHIP AND EDITING RIGHTS

DiagnoRays ensures easy access to the Diagnostic centres by providing a tool to update your profile information. DiagnoRays reserves the right of ownership of all the Diagnostic centres’ profile and photographs and to moderate the changes or updates requested by Diagnostic centres. However, DiagnoRays takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using DiagnoRays’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, DiagnoRays may modify or delete parts of your profile information at its sole discretion with or without notice to you.

 

REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DIAGNORAYS

● All Critical content is content created by the Users of www.DiagnoRays.com (“Website”) and the clients of DiagnoRays customers and Diagnostic centres, including the End-Users. As a platform, DiagnoRays does not take any responsibility for Critical content and its role with respect to Critical content is restricted to that of an ‘intermediary’ under the Information Technology (Amendment) Act, 2008.

● DiagnoRays reserves the right to collect feedback and Critical content for all the Diagnostic centres, Clinics and Healthcare Providers listed on the Website.

● DiagnoRays shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or part of or all Critical content from any Service, except as required by applicable law.

● You understand that by using the Services you may be exposed to Critical content or other content that you may find offensive or objectionable. DiagnoRays shall not be liable for any effect on Diagnostic centres’ business due to Critical content of a negative nature. In these respects, you may use the Service at your own risk. DiagnoRays however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical content.

● DiagnoRays will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical content, which has been created by the Users. The principles set out in relation to third party content in terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical content posted on the Website.

● If DiagnoRays determines that you have provided inaccurate information or enabled fraudulent feedback, DiagnoRays reserves the right to immediately suspend any of your accounts with DiagnoRays and makes such declaration on the website alongside your name/your Diagnostic Center’s name as determined by DiagnoRays for the protection of its business and in the interests of Users.

RELEVANCE ALGORITHM

DiagnoRays has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patient/ service-seeker(s). It is a pure merit driven, proprietary algorithm which cannot be altered for specific Diagnostic centres. DiagnoRays shall not be liable for any effect on the Diagnostic centres’ business interests due to the change in the Relevance Algorithm.

INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by DiagnoRays.

DIAGNORAYS RIGHTS

DiagnoRays reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, DiagnoRays will not be liable for the accuracy of information or the claims made in the Sponsored ads. DiagnoRays does not encourage the Users to visit the Sponsored ads page or to avail any services from them. DiagnoRays will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DiagnoRays accepts no liability for the same.

DIAGNORAYS LIVE CHAT

● DiagnoRays Live Chat enables Diagnostic centres to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Diagnostic centres by DiagnoRays.

● The User may post queries on their Health Accounts which will be only sent to the Diagnostic centres that the User has chosen.

● Diagnostic centres agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Diagnostic centres shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.

● DiagnoRays shall remit the fees to the Diagnostic centres in accordance with the terms agreed between the Diagnostic centres and DiagnoRays in the Software License and Services Agreement executed between them.

● DiagnoRays reserves the right to revise the fee terms at any time at their discretion. The Diagnostic centres’ continued use of the services and App shall constitute his/her consent to such revision.

● Diagnostic centres hereby agrees that it shall use the App for the purpose specified in these Terms of Use and shall not use the App for any unauthorized and unlawful purpose, including impersonating another person.

● Diagnostic centres hereby represents and warrants that they

○ are qualified to provide medical services within the territory of India;

○ has obtained all licenses as required by law to provide medical services and has not committed any act      or omission that might prejudice its continuance or renewal; and

 ○ has provided DiagnoRays true, accurate, complete and up to date details about their                                                                                                                                        qualification and credentials.

● Diagnostic centres agree that he/she shall at all times abide by the applicable medical regulations

● Diagnostic centres shall promptly renew their licenses required to provide medical services and notify DiagnoRays about the same.

● DiagnoRays reserves the right to terminate any account of the Diagnostic centres in case:

○ the Diagnostic centre breaches any terms and conditions of this terms of use or privacy policy or applicable laws;

○ DiagnoRays is unable to verify or authenticate any information provided to it by a Diagnostic centre; or

○ DiagnoRays in its sole and absolute discretion believes that actions of the Diagnostic centres may cause legal liability for DiagnoRays or other Users and/ or may adversely affect the services rendered by DiagnoRays.

● Diagnostic centres hereby agree that, for any User that contacts the Diagnostic centres using DiagnoRays Live Chat, only he/she shall be allowed to perform the services for the User and that the Diagnostic centres may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Diagnostic centres accept all responsibility and liability for the use of DiagnoRays Live Chat, including the performance of its services, by any other party claiming to be the Diagnostic centres and hereby agrees to indemnify DiagnoRays against any claim or loss that may be faced by DiagnoRays consequent to such use.

● Diagnostic centres agree to render their services and fulfill their obligations towards their patient/ service-seeker(s) using their best efforts, skill and ability.

● Diagnostic centres agree and understand that some or all his/her may be made available to the general public through the App or otherwise by the Company and that he/she has no objection to the same.

● Diagnostic centres hereby agree to assign to DiagnoRays in perpetuity all intellectual property rights residing in the responses provided by him/her for use by DiagnoRays worldwide.

● Diagnostic centres hereby agree not to seek the contact details of any User or to contact any User except through the App.

● Any communication sent by or through DiagnoRays to the Diagnostic centres is based solely on information uploaded by the Users. DiagnoRays shall not be responsible for the incompleteness or inaccuracy of such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

● Diagnostic centres shall be liable to indemnify and hold DiagnoRays harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, nonobservance, nonperformance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.

BOOK APPOINTMENT AND CALL FACILITY

● As a valuable partner on our platform we want to ensure that the Diagnostic centre’s experience on the DiagnoRays booking platform is beneficial to both, Diagnostic centres and their Users.

● Diagnostic centre understands that, DiagnoRays shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by the Diagnostic centre. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of DiagnoRays.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

● As mandated by the IG (Information Governance) Rules, DiagnoRays hereby informs Users that they are 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, pedophilic, libelous, invasive of another's privacy, hateful, anti-racial, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

○ harm minors in any way;

○ infringes any patent, trademark, copyright or other proprietary/ intellectual property rights;

○ violates any law for the time being in force;

○ deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

○ impersonate 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

● Users are also prohibited from:

○ violating or attempting to violate the integrity or security of the Website or any DiagnoRays 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 DiagnoRays;

○ intentionally submitting any incomplete, false or inaccurate information on the Website;

○ 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 DiagnoRays content or other information available from the Website;

○ framing or hotlinking or deep linking any DiagnoRays content.

○ circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

DiagnoRays, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information. DiagnoRays shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DiagnoRays has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

DiagnoRays may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit DiagnoRays to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by DiagnoRays as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DiagnoRays or any person on its behalf and the User or where the User has consented to data transfer.

DiagnoRays respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights. 

TERMINATION

DiagnoRays reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

          ● Such User breaches any terms and conditions of the Agreement;

          ● A third party reports violation of any of its right as a result of your use of the Services;

          ● DiagnoRays is unable to verify or authenticate any information provided to DiagnoRays

              by a User;

          ● DiagnoRays has reasonable grounds for suspecting any illegal, fraudulent or abusive

             activity on part of such User; or

         ● DiagnoRays believes in its sole discretion that User’s actions may cause legal liability for

             such User, other Users or for DiagnoRays or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. 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 any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall DiagnoRays, 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, the Services, User’s provision of information via the Website, lost business or lost End-Users, 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 Diagnostic centres to End-Users

            contacted   or managed through the Website;

         ● any content posted, transmitted, exchanged or received by or on behalf of any User or

            other person on or through the Website;

         ● any unauthorized access to or alteration of your transmissions or data; or

         ● any other matter relating to the Website or the Service.

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 this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

 

RETENTION AND REMOVAL

DiagnoRays may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Rules. Computer web server logs may be preserved as long as administratively necessary.

 

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between DiagnoRays and User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DiagnoRays. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chhattisgarh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above Clause, the courts at Chhattisgarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION

If a User has any questions concerning DiagnoRays, the Website, this Agreement, the Services, or anything related to any of the foregoing, DiagnoRays customer support can be reached at the following email address: [email protected] or [email protected] or via the contact information available from the following hyperlink:  https://diagnorays.com/

If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our officer:

 

DIAGNORAYS HEALTHCARE INDIA PRIVATE LIMITED

2^ND FLOOR NEAR KANYAPARISAR GATE, VISHUNPUR

AMBIKAPUR, SURGUJA, CHHATTISGARH, INDIA

PIN NUMBER: 497001

Email: [email protected]

In the event you suffer as a result of access or usage of our Website by any person in violation of Rules, please address your grievance to the above person.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction of arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DiagnoRays. Any consent by DiagnoRays to, or a waiver by DiagnoRays of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Thanks for reading