These Terms of Use (this “Agreement”) set forth the standards of use of https://dev.vijayamedicalcentre.com/ located at https://dev.vijayamedicalcentre.com/ and all of its associated pages and content therein. The link https://dev.vijayamedicalcentre.com/ and all such associated pages and websites are collectively referred to herein as the “Website”.

The words “You” or “User” or “Your” as used in this Agreement means to include and refer to all individuals accessing or using the Website for any reason. Please read the following terms and conditions carefully before registering or signup, login, accessing, browsing, downloading or using the Website. By accessing or using the Site or by using the Service (defined below), You represent that you read and agree to be bound by these terms and conditions set forth below, including any additional guidelines, privacy policy and future modifications, collectively referred to as “Terms of Use”. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the Site and immediately terminate your use of the Services.

Your Agreement to these Terms and Conditions for availing Service

• The Terms and Conditions contained herein along with privacy policy (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual Customer, User, or beneficiary of this Service or any individual using or accessing the Website for any reason and of at least 18 years of age, and Vijaya Medical Centre (hereinafter referred to as Company) with regard to the payment for laboratory services provided to you, with respect to your access and usage of the Website, content on it and our provision of the Service.
• Service can be used by you subject to your adherence with the terms and conditions set forth below, including relevant policies.

DEFINITIONS

• “Agreement” means the terms and conditions of the Bill Payment Service as detailed herein, including all privacy policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
• “User” shall mean the person or any legal entity who accepts the Services offered by Company on this Website and any person who access the Website.
• “Account” means the account successfully opened by the User on the Company’s Website by entering information such as first name, last name, mobile number, email address, user name, and password as required to be filled on the webpage during the signup or account creation process and includes any further changes and additions to the information from time to time.
• “Customer” means any User who accesses the Website and complete signup process or log in with OTP.
• “Order ID” means the unique identification identity allotted to a Customer upon placing a request for booking the Tests/Services/E-Health Packages.
• “Home Sample” means the facility provided by the Company to facilitate sample collection at the Customer’s doorstep.

ELIGIBILITY

• You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You also represent and warrant the Company that you will use the Website in a manner consistent with any applicable laws and regulations.
• You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

REGISTRATION/SIGNUP

• The User to be entitled to avail the Services shall have to complete the process of Registration/Signup as below:
• The process of Registration/Signup involves the creation of a login id by the User.
• To make use of full Services, Registration/Signup is mandatory for the Customers and requires them to provide certain basic information about themselves such as first name and mobile number and accordingly create an Account.
• Only after completing the process of Registration/Signup, the Users become Customers and become entitled to avail the Services.
• The Website may provide the facility of not to fill any information except the information which is considered mandatory by the Company and which is indicated by asterisks. The Company further reserved the right to seek further information, if in its sole view, such information is necessary.
• The Customers understand and agree that the Company may screen and verify the information provided by the Customer/User and at its sole discretion, increase the amount or number of information for the process of Registration/Signup and may ask further information even after the process of registration/Signup. The Company may, in its sole discretion, close the Account or terminate access to or use of the Services/Website if any information provided is found to be false or the information provided is not sufficient or find that you are not authorised to avail the Services.

TERMS AND CONDITIONS OF AGREEMENT OF SERVICE

• This Agreement shall continue to be in full force and effect for so long as you are using the Services provided by Company.
• Company provides an online payment service for booking requests wherein you can pay for Company Tests/Services/E-Health Packages.
• By authorizing the required details, you agree to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and all applicable laws and regulations.
• Either you or Company may terminate the Service at any time, with or without cause.

MODIFICATION OF TERMS AND CONDITIONS OF SERVICE

• Company reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions (“Terms”) of Service at any time without any prior notification to you.
• You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
• In the event the modified Terms are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service, you agree to accept and abide by the modified Terms.

TERMS & CONDITIONS FOR PAYMENT SERVICE

Electronic Communication

• You agree, understand and confirm that the Credit card/Debit card/UPI/Internet banking details provided by you for availing of Services on Company / will be correct and accurate and you shall not use the Credit card/Debit card/UPI/Internet banking which is not lawfully owned by you.
• You further agree and undertake to provide the correct and valid Credit card/Debit card/UPI/Internet banking details to Company.
• The said information will not be utilized and shared by Company/ with any of the third parties unless required by law, regulation or court order.
• It is understood and agreed by the User/Customer that the Services shall only commence after realization of money in the accounts of the Company or third party service, providing payment mechanism or payment gateway service to the Company.
• Company reserves the right to refuse or cancel any order placed for a Test/Service/E-Health Package that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment has been levied.
• It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company.
• It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and the Company and that in no event whatsoever, Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the price shall be the sole responsibility of the User/customer.

Suspension due to non-compliance with Agreement

Company will use its best efforts to make all your payments properly. However, the Company shall not incur any liability and any service guarantee shall be void because of the existence of any one or more of the following circumstances:

• If you have not provided the Laboratory with the correct order ID, receipt ID, patient’s name, address, telephone number, mobile number, date of bill, date of payment, Payment Account information, or the Account information for the payee.
• If, through no fault of the Laboratory, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft amount.
• The payment processing centre is not working properly, and you know or have been advised by the Laboratory about the malfunction before you execute the transaction.
• Circumstances beyond the control of the Laboratory (Such as, but not limited to, fire, flood, or interference from the outside force) prevent the proper execution of the transaction and the Laboratory has taken reasonable precautions to avoid those circumstances and/or,
• In case of payment through Credit Card, if the details provided by the User are inaccurate, incorrect or entered fraudulently.
• If the User is in breach of any of the terms and conditions of this Agreement and/or the Terms and conditions of the usage of the Company.

INFORMATION & MESSAGES

• You agree that the Company is the sole owner of the information on the Website.
• Company will not sell, share, transfer or rent any personal information to others in ways different from what is disclosed in this Agreement and/or Privacy Policy.
• We also reserve the right to collect, disseminate or otherwise disclose non-personal information or information provided by Customers or Users within our group entities or partners.
• Further, we may send you SMS messages and emails from time to time regarding your subscription and usage of Services. This may include transactional messages related to your continued subscription (for which we may start charging in future) of Company and/or support emails and SMS messages for helping the Customer get the best out of the Company.

OWNERSHIP

• All intellectual property rights in information collected and compiled through the Company Website or information provided by Company, its web pages, or information/data provided through its Services (the Proprietary Information), unless indicated otherwise, and Company service/trademarks and copyright materials are the property of Company.
• Company shall have intellectual property rights (including copyrights, trademark, design etc.,) in the individual pages, and their components, and collective works available at the Website, on its trademarks/service marks and on the Proprietary Information.

SECURITY PRACTICES & CONTROLS

• The payment area for bills of our Website is secure, and it is protected by state-of-the-art encryption technology.
• We comply with the security safeguards detailed in our computer security policies and procedures and routinely monitor that compliance.
• When a credit card or other financial information is transmitted over the Internet, we use industry-standard SSL (secure socket layer) encryption to protect that information.
• We protect the personal information we have collected from this Site by using industry-standard security precautions against loss and unauthorized access, destruction, use, modification or disclosure of that information.

PASSWORD AND SECURITY

• You agree not to give or make available your password or other means to access your Account to any unauthorized individuals. You are responsible for all payments you authorize using the Services at Company Site.
• If you permit other persons to use a password or other means to access your Account, you are responsible for any transaction they authorize.

CANCELLATION / REFUND POLICY

The payment made online will not be refunded, which are successfully submitted or for successful bill payment services. Cancellation of Transaction(s) / bill payments shall not be entertained. In case of a failed transaction, the User shall have no right to claim the amount. The loss on this Account shall not be borne either by Company/ Company or by the Banks / Payment Gateways. However, an automatic refund will be made for transactions that are not successful. Indemnity

• User agrees to defend, indemnify and hold harmless Company or its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of Service by other subscribers and infringement of intellectual property or other rights.
• This clause shall survive the expiry or termination of this Agreement.

MAINTENANCE

• Company may its sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User’s/Customer’s access to the Website and/or the Services (as the case may be) without giving any prior notice to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work.
• Without prejudice to any other provisions of this Agreement, Company shall not be liable to indemnify the User for any loss and/or damage and/or costs and/or expense that the User/Customer may suffer or incur, and no fees and/or charges payable by the User/ customer to the Company shall be deducted or refunded or rebated, as a result of such deactivation and/or suspension.

LIMITATION OF LIABILITY

• User agrees and acknowledges that User shall be solely responsible for User’s conduct and the Company reserves the right to terminate your rights to use the Service immediately, notwithstanding penal provisions under the Indian Cyber Laws or any other allied laws enacted by the government of India of any statutory, legislative or regulatory authority in this regards from time to time.
• In no event shall Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of Company Services.
• In case of interrupted communications, delay, lost data or lost profits arising out of or in connection with this Agreement, even if the clause shall survive the termination or expiry of this Agreement.

Applicable Governing Law and Jurisdiction

• This Agreement is governed and construed in accordance with the Laws of the Union of India.
• You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Visakhapatnam, India, in all disputes arising out of or relating to the use of the Company Sites and Services offered by Company.
• Performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Sites and Services offered by Company.

DISCLAIMER

• Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, services provided through or in connection with the Website.
• The data exchanged through this online payment gateway is confidential, and any person misusing the same shall be dealt with as per the provisions of law.
• Company and Management or any of the office bearers shall not be responsible for any third-party misuse of the data and any acts, deeds and circumstances beyond the control of the Management of the Company.
• Company undertakes no warranties of any kind, expressed or implied, for Services, we provide as the above is only for facilitation of smooth payment.