Terms & Conditions - UDC

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Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

GENERAL

The domain name https://udcdiagnostics.com/, including the Client/Patient/Customer Portal at https://udcdiagnostics.com/ (hereinafter referred to as “Website”), the mobile application ‘UDC Diagnostics’ (hereinafter referred to as “App”), and the services, (if any) provided by UDC Diagnostics on other third-party digital platforms including but not limited to WhatsApp (hereinafter referred to as “Digital Platforms”), are owned and/or operated by UDC Diagnostics (hereinafter referred to as “UDC Diagnostics”/ “Company”) having its registered office at Akshar Business Park, Unit 3035 & 36, Wing K, 3rd Floor, Plot No. 3, Sec -25, Vashi, Navi Mumbai -400703.
If you use the Website/App or any of the products, services, and other content available from, in, on, or through the Website/App and/or any services (if any) provided by the Company on Digital Platforms (“Services”, as more specifically defined hereinafter), you agree to all of these terms and conditions set out below (“Terms of Use”).
Your use of the Website/App and the Services is an acknowledgment that you have reviewed the Terms of Use and agree to comply with the same and be legally bound thereby. By downloading and installing the App or by simply visiting the Website, you acknowledge that you have reviewed the Terms of Use and agree to comply with the same and be legally bound thereby.
The Terms of Use govern your access to and use of the Website / App and the Services. If you do not agree to the Terms of Use, you must refrain from using the Website / App and the Services.

AGREEMENT

Before you decide to access the Website / App or avail the Services therefrom, please carefully go through these Terms of Use and the privacy policy available at https://udcdiagnostics.com/privacy-policy (“Privacy Policy”). These Terms of Use and the Privacy Policy constitute a legally binding agreement between you / User and UDC Diagnostics and each affiliate/subsidiary of UDC Diagnostics (“us”, “we” or “our” as contextually appropriate) in connection with your use of the Website / App and the Services.
By visiting, viewing, or otherwise using the Website and / or App and the Services thereunder, you / User are, thereby, deemed to represent and warrant that you have read and understood, and agreed to be bound by, including without limitation these Terms of Use, Privacy Policy, and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India, for the purposes of accessing, browsing, or transacting on the Website and / or App, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
Your agreement to these Terms of Use is an agreement with us and governs your use of the Website/App and all of the Services (“Agreement”). This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Irrespective of the use of the Website and / or the App from any medium or device, including mobile, smart phone, or tablet, the User is bound by this Agreement. This Agreement defines the terms and conditions under which you are allowed to use the Website and the App and describes the manner in which the Company shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

MODIFICATION OF AGREEMENT

3.1 UDC Diagnostics reserves the right to amend, modify (from time to time), or terminate any portion of the Agreement for any reason and at any time without further notice to you. Any such amendment or modification shall be effective once UDC Diagnostics posts a revised version of the Agreement on the Website / App. It is your responsibility to review this Agreement periodically. Your use of the Website and / or the App following any such modification constitutes your agreement to follow and be bound by the Agreement as so modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and / or to specific areas of the Website or the App or to particular Service are also considered as part of the Agreement.

APPLICABILITY OF TERMS

4.1 For the purpose of these Terms of Use, wherever the context so requires, the term ‘You’ / ‘User’ / ‘End User’ shall mean any natural or legal person (including a patient, his / her representatives, or affiliates) who has downloaded and installed the App or simply visited the Website by entering the domain name in any internet browser, irrespective of whether any registration data has been provided to UDC Diagnostics or not. Any services provided by the Website / App which do not require registration do not absolve you of the contractual relationship established by this Agreement. The User acknowledges that these Terms of Use are in electronic form and have the same force and effect as an agreement in writing.
‘UDC Care Test/Packages’ means the exclusive and customized health diagnostic packages being offered by UDC Diagnostics, under its lab/pathology manual of services and any such other packages which UDC Diagnostics may introduce from time to time through its Website/App.

REGISTRATION

5.1 In order to use certain features / Services (defined below) of the Website / App, you have to create and register an account (the “Account”) on the Website / App by providing certain information (which will form part of the User Provided Information as defined in the Privacy Policy) including name, email address, password, mobile number, gender, age, phone number, billing / shipping address, hospital, doctor, and other details.
5.2 Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
5.3 UDC Diagnostics will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your account, you shall immediately notify UDC Diagnostics.
5.4 It is your responsibility to keep your email address up-to-date on your account setup so that UDC Diagnostics can communicate with you electronically.
5.5 By creating the Account, you agree to receive communications from UDC Diagnostics via email, telephone, SMS, and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify UDC Diagnostics by email.

SERVICES

6.1 UDC Diagnostics offers diagnostic and healthcare services to Users, including but not limited to the collection of samples, conducting tests, and generating test reports (“Services”) through the Website/App, third-party websites/applications modes.
6.2 Your transactions with UDC Diagnostics through any of the following modes shall be governed by this Agreement:
Website/App: The Website/App is a platform that facilitates the online requisition by the User for Services offered by UDC Diagnostics. If you have not completed the registration as per clause 5, you are entitled to view the snapshots of various UDC Care Tests/Packages. If you have completed the registration as per clause 5, upon the payment of the Fee, you are entitled to:
View the snapshots of various UDC Care Tests/Packages or other offers being offered on the Website/App.
Book/order one or more UDC Care Tests/Packages or other offers.
Opt for Home Service (if available at that period of time), wherein the Company shall send its representatives to your doorstep for sample collection, or you may visit the nearest center (where the service is currently available) of UDC Diagnostics to give the sample. However, you shall have to visit the designated test centers/laboratories if UDC Diagnostics requires you to do so.
Receive email/sms/phone calls/letters which shall provide you with the service order ID, UDC Care Test/Package details, and other details.
Receive the test reports within the suggested time.
Third-party websites/applications: UDC Diagnostics may use the services of third-party digital platforms. UDC Diagnostics shall not be liable for delayed intimation of orders, non-performance, or breach of contract by such third-party websites. UDC Diagnostics does not guarantee or make any representation with respect to the correctness, completeness, or accuracy of the information or details provided by such third-party websites. UDC Diagnostics, upon receipt of a complete order from such third-party websites, shall send its representatives to the given address for sample collection and shall conduct the tests and generate reports as per these Terms of Use.
Tele-calling: You may choose to avail Services offered by UDC Diagnostics by reaching out to UDC Diagnostics’ customer relationship management team. Upon receiving your order, UDC Diagnostics shall send its representatives to your given address for sample collection, or you may visit the nearest center (where the service is currently available) of UDC Diagnostics to give the samples.
The Services are non-transferable, i.e., only the person on whose name the UDC Care Test/Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection. You are solely responsible for the medical, health, and personal information provided to UDC Diagnostics. Users are required to carry a photo-identification card, a copy of the invoice, and service order ID or the transaction number at the time of visit to a lab or when availing home collection service.
6.3 You are advised to go through the list of instructions/guidelines provided by UDC Diagnostics on its Website/App detailing the dos and don’ts before taking the various tests. In the event UDC Diagnostics’ representative does not reach your premises for sample collection in the chosen time slot, you shall electronically notify UDC Diagnostics using the appropriate UDC Diagnostics’ Website/App features or through tele-calling immediately. UDC Diagnostics may put further terms and conditions with every test or package, and in case of any conflict with the Terms of Use or Privacy Policy, the terms and conditions put specifically with the test/package shall prevail. You agree that there might be technological/logistic/unforeseen circumstances that might lead to delay or cancellation of home collection for which appropriate resolution either as rescheduling/ refund shall be provided.
6.4 UDC Diagnostics uses industry-standard technology for conducting tests to ensure the accuracy of reports and timely delivery of reports. However, in the event of any technical, operational, logistic, unforeseen issues, there may be a delay or inaccuracy in reporting or the inability of UDC Diagnostics to issue the report. In such circumstances, UDC Diagnostics shall provide appropriate resolution either as re-testing or refund. In the event you have booked a package of tests, the re-testing or refund shall be applicable only for the tests wherein the report has not been issued. UDC Diagnostics retains the sole discretion to determine the cost of the individual tests.
The Company shall make the best efforts to provide/issue the test report/s to the User if so opted for by him/her as per Turn Around Time of specific test/s, unless it is required otherwise. The User must allow the minimum time required for processing as specified for the test. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made in the course of the day, and the Customer agrees to refrain from requesting deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery, but UDC Diagnostics will not be held liable if the delivery does not take place on that day. If the customer has made partial payment against the desired services to be availed, in such circumstances, the
company may not be able to release the test reports due to administrative/technical reasons. UDC Diagnostics does not deliver on Sundays and public holidays in India. Customers may also collect the reports by hand during working hours on the date mentioned on the receipt from the designated collection center/branch of the Company. The test reports may also be displayed on the Website/App within the prescribed period, and you may track the same by entering your service order ID.
6.5 The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.

PRICING INFORMATION AND PAYMENT

7.1 UDC Diagnostics shall strive to provide the Customer with facilities/gateways to pay the price/fees for the Services (herein referred to as “Fee”) through credit cards, debit cards, cash cards, and internet banking.
7.2 It is understood and agreed by the User that the Services shall only commence after the realization of money in the accounts of UDC Diagnostics in case online payment is being opted for by them.
7.3 It is understood and agreed by the User that payment mechanisms may be governed by separate/additional terms of use prescribed by UDC Diagnostics and/or the banks/payment gateways/payment aggregators or such other third parties facilitating the payment mechanism. In order to process the payments for your service orders, UDC Diagnostics might require details of your bank account, credit card number, etc. The online fee payments made by you are processed with the support and services of the banks/payment gateways/payment aggregators/third parties, and UDC Diagnostics is not responsible for any loss or damage caused to the User during this process as these banks/payment gateways/payment aggregators/third parties are beyond the control of UDC Diagnostics. There are no applicable payment charges levied on any transactions. The User acknowledges that UDC Diagnostics will not be liable for any damages, interests, or claims, etc., resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
7.4 UDC Diagnostics reserves the right to modify the fee structure by providing on the Website/App which shall be considered as valid and agreed communication. UDC Diagnostics shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/disruption in the network, or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, UDC Diagnostics shall work towards the best interest of the User.
7.5 UDC Diagnostics reserves the right to refuse or cancel any order placed for a product/package that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card.
7.6 In the event the payment has been processed by UDC Diagnostics, the same shall be credited to your credit card account within 7 to 10 working days and duly notified to you by email. Once the order has been placed and in case you wish to cancel/modify the same, you may do so subject to cancellation/modification charges as prescribed.
7.7 It is understood and agreed by the User/Customer that in no event whatsoever, UDC Diagnostics shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fees shall be the sole responsibility of the User/Customer.
7.8 Each User/third-party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. UDC Diagnostics shall in no way be responsible for any of the taxes except for its own taxes. Further, please note that all fees are exclusive of applicable taxes.
7.9 Any dispute in connection to the third-party services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving UDC Diagnostics.
7.10 Refund and cancellation of orders shall be subject to UDC Diagnostics’ Refund/Cancellation Policy available at UDC Diagnostics Refund and Cancellation Policy. The Refund/Cancellation Policy forms an integral part of these Terms of Use, and the Users are requested to carefully read the same.

APPLICABLE LAWS

8.1 The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the Information Technology Act, 2000, and
the rules, regulations, guidelines, and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).
Additionally, the Agreement is subject to the Digital Personal Data Protection Act, 2023, and the Rules framed thereunder (“DPDP Act and Rules thereof”).

CONDITIONS OF USE

10.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website/App in any manner. By registering, visiting, and using the Website/App or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to use the Website/App and the Services available through the Website/App, and agree to and abide by this Agreement. In cases where a minor below the age of 18 years wants to use the Website/App, such an End-User shall duly register herself/himself through the permission of her/his parent/legal guardian, and such a parent/guardian hereby agrees to accordingly register and supervise the usage by, and be responsible for the action of any such minors who use the Website/App.
10.2 The parent/legal guardian shall enter into this Agreement on behalf of such minor and bind herself/himself in accordance with all terms and conditions herein. The parent/legal guardian also consents to the User Information being taken of such minor as specified in the Privacy Policy. To fully avail the Services of the Website/App, you must download it from the Google Play Store App or an Apple App Store and verify your phone number.
10.3 Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as per the SPDI Rules/DPDP Act or as required hereunder, you are not eligible to register for, use, or avail the services available on the Website/App.
10.4 Your use of the Website/App is under a license from us. Your license to use the Website/App is personal, revocable, non-assignable, and non-exclusive. Therefore, you may not use the Website/App for any commercial purpose. The End-User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You are responsible for each mobile/tablet you use to access the Website/App, including maintaining properly running compatible updated software, a suitable internet connection, and appropriate firewall and virus scanning software. The Company will not be liable for your failure to update or use the Website/App in the appropriate manner. In the event you provide any false or inaccurate details or the Company has reasonable grounds to believe that the information provided by you is false, the Company reserves the right to suspend your Account and/or discontinue the Services to you at its sole discretion. The Company does not accept any liability for the loss or damage sustained by you as a result of such false information provided by you.
10.5 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Website/App.

THIRD PARTY SOFTWARE UPDATE

Our Website/App runs on specific versions of third-party operating systems and browser software for your computer or Smart Device (Platform Software). When the third-party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Website/App. If you update Platform Software prior to our making available an appropriate update to the Website/App, it is possible that you may no longer be able to use the Website/App, or the Website/App may not properly function.

END-USER ACCOUNT

12.1 In connection with your use of the Services, you will be required to create and register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
12.2 In case you wish to subscribe to any plans/services, if any offered by third parties on the Website/App, then you may be required to use your registered Account to share further information for authentication. After receiving your information, the same will be shared with third parties who will carry out their independent authentication of the information shared by you. During such process of authentication, the representatives of the third parties shall be free to contact you via phone or email.
12.3 You are responsible to share correct and accurate information with the Company for registration and maintenance of the User’s Account. You will also be responsible to inform the Company of any change to the any user information. A failure in doing so may lead to the Company (or third parties) being unable to provide its Services to you, in which case the Company shall not be liable or responsible for any loss, harm, or injury.
12.4 You are responsible for maintaining the confidentiality of your Account access information and username and password if you are registered on the Website/App. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage, or injury caused by any unauthorized use of your account; however, you may be liable for the losses of the Company or others due to such unauthorized use.
12.5 The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.
12.6 If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
12.6 It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and/or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.
12.7 If you log out of your Account, the Company will retain all your User Information, especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.

USE OF INFORMATION

13.1 The Company may, through its Services and in accordance with the Privacy Policy, collect anonymous data regarding your usage and information related to the devices through which you access the Website/App. This collected information will be aggregated in a non-personally identifiable form and used solely to enhance the quality of the Company’s services, conduct market research, develop new services, and customize advertising and content by providing non-personally identifiable data to third-party advertisers, as detailed in the Privacy Policy.
13.2 The Company may use such collected information from the End-User for purposes of debugging and addressing customer support-related issues.
13.3 It is clarified that in the event the User subscribes to any third-party services/plans offered by the Company, the User’s information may be shared with third parties. The User confirms that he/she does not object to such sharing.
13.4 As part of the Services provided by us, we may enable third-party advertisers (“Third-Party Advertisers”) to place advertisements on the Website/App. Third-Party Advertisers must adhere to certain standards regarding the honesty, accuracy, and responsible nature of their advertisements. Any changes to the advertising policy, Terms of Use, or Privacy Policy will be applicable when posted, and Third-Party Advertisers are responsible for reviewing these terms periodically to ensure compliance. We reserve the right to alter or remove content from the Website/App without notice and without liability. Third-Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable laws in India, and we are not liable for any liability arising from advertisements by Third-Party Advertisers.

TERMS APPLICABLE TO END-USER’S ACCOUNT

14.1 The Account is provided on a “best-efforts as-is basis.” While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruptions that may affect your access to the Services. The Company employs industry-level security measures and encryption for your Account. However, the Company cannot guarantee prevention of unauthorized access if your login credentials are lost or compromised. Please safeguard your login credentials and report any actual or suspected breaches of account security to the Company at connect@udcdiagnostics.com (C/o Customer Relationship Manager).

NO DOCTOR-PATIENT RELATIONSHIP; SERVICES NOT FOR EMERGENCY USE

15.1 Your use of the Website/App and the Services is at your discretion. The Company provides the Services for informational purposes only. The Services do not contain or constitute, and should not be interpreted as, diagnosis, treatment, or medical or health care advice, recommendation, or opinion. The Company does not provide diagnosis, treatment, or medical services or render medical advice. The Services provided through the Website/App are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company.
15.2 In no circumstances should the Website/App and Services be relied upon without consideration and confirmation by a qualified medical practitioner after having regard to, among other things, independent professional judgment as well as your or the particular patient’s condition and medical history.
15.3 While we endeavor to ensure that the information contained in the Website/App and Services is up-to-date, accurate, and complete, we make no representations or warranties that the information contained in the Website/App and Services will at all times be up-to-date, accurate, complete, comprehensive, or useful for the purpose for which it is obtained.
15.4 The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional. 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.
15.5 Without limiting the generality of the above, health tips, if any provided to the End-User on his / her use of the Website / App do not constitute medical advice or opinion.

THIRD PARTY SERVICES

16.1 In order to use Third-Party Services, i.e., services offered by franchisee Channels on the Website/App, you may be required to enter into additional terms and conditions with Third-Party Service Providers. If you do not understand or do not agree to be bound by those additional terms and conditions, you may not use the related Third-Party Services. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. If you choose to avail any such Third-Party Services, you will be absolutely and solely responsible for your interactions with such Third-Party Service Providers, and the Company shall not be liable for any shortcomings or deficiency of service by such Third-Party Service Providers. If you select and allow a particular Third-Party Service Provider to access your User Information, the Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Providers. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Website/App or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability, quality of any Third-Party Services.
Provided that nothing in these Terms of Use will be construed as enhancing the scope of the Services, the liabilities, or the obligations of the Company. It is clarified that Third-Party Services do not form part of the products/Services of the Company. Therefore, requests for refund; return or cancellation with respect to such Third-party products and services shall lie directly with such third parties and not with the Company. With respect to Third-party Services, the Company is only an intermediary connecting the End-User with the Franchisee Channel (if any) and therefore not liable to entertain refund, cancel or return request for such products and services.

CONTENT

17.1 WEBSITE / APP CONTENT

(i) All content and other materials available through the Website / App and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Website / App solely for visiting, ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website / App including but not limited to, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website / App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark, and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

(ii) Copying of the copyrighted content published by the Company on the Website / App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.

(iii) The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.

17.2 USER GENERATED CONTENT

(i) The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.

(ii) As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:

17.3 WEBSITE / APP CONTENT

a. belongs to another person and to which the End-User does not have any right to;
b. grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force within or outside India;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. 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 offense or prevents investigation of any offense or is insulting any other nation.
In addition to the above, End-User are also prohibited from:
a. violating or attempting to violate the integrity or security of the Website / App or any of the Company Content;
b. intentionally submitting on the Website / App any incomplete, false or inaccurate information;
c. 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 / App;
d. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website / App;
e. copying or duplicating in any manner any of the Company Content or other information available from the Website / App; and
f. framing or hot linking or deep linking any the Company Content.
g. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means.

17.4 The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the Website / App is being used by the End-User to commit any unlawful act and / or is being used in violation of the terms herein, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. Under such circumstances, Company and/or the Website/App reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website/App and/or terminating the membership of such violators and/or blocking their use of the Website/App

THIRD PARTY WEBSITES

The Website / App may be linked to the websites of third parties, affiliates, and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information material, goods, or services available through third-party websites. In the event that any contents of such third-party websites infringe any intellectual property of any person, such third party shall alone be liable and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury, or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.

DISCLAIMERS

19.1 WEBSITE / APP CONTENT
The services provided by the Company or any of its third-party 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). The Company does not provide or make any representation, warranty, or guarantee, express or implied, about the Website / App or the services. The Company does not guarantee the accuracy or completeness of any content or information provided by End-User on the Website / App. Without limiting the foregoing, the Company makes no warranty that (a) the Website / App or the services will meet your requirements or your use of the Website / App will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Website / App or services will be effective, accurate, or reliable; (c) the quality of the Website / App or services will meet your expectations; or (d) any errors or defects in the Website / App or services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the Website / App shall create any warranty not expressly stated in the terms of use. The Company shall have no liability to the user for any interruption or delay to access the Website / App irrespective of the cause. To the fullest extent permitted by law, the Company disclaims all liability arising out of the End-User’s use or reliance upon the Website / App, the services, representations, and warranties made by other End-Users, the content or information provided by the End-Users on the Website / App, or any opinion or suggestion given or expressed by the Company.
19.2 WEBSITE / APP YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
(i) You agree that your use of the Website / App and services is at your sole risk. You will not hold the Company or its third-party service providers, as applicable, responsible for any loss, damage, or injury that results from your access to or use of the services, or use of the Website / App, including and without limitation to any loss, damage, or injury to any of your devices or data.
(ii) The Company assumes no responsibility, and shall not be liable for, any damages, loss, or injury to, or bugs, errors, viruses, or other limitations and problems that may infect End-User’s equipment on account of End-User’s access to, use of, or browsing the Website / App or the downloading of any material, data, text, images, video content, or audio content from the Website / App. If an End-User is dissatisfied with the Website / App, End-User’s sole remedy is to discontinue using the Website / App.
(iii) You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your account. The Company endeavors to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their account.
19.3 WEBSITE / APP LIMITATION OF LIABILITY
(i) In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, 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 / App, or the content, materials, and functions related to the services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
a. provision of or failure to provide all or any listed on the Website / App;
b. any content posted, transmitted, exchanged, or received by or on behalf of any End-User or other person on or through the Website / App;
c. any unauthorized access to or alteration of your transmissions or data;
d. any other matter relating to the Website / App or the service; or
e. any losses, damage, injuries, or expenses incurred by the End-Users as a result of any disclosures made by the Company, where the End-User has consented to the making of disclosures by the Company. If the End-User had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the End-User for any loss, damage, injury, or expense incurred by the End-User as a result of any disclosures made by the Company prior to its actual receipt of such revocation.
(ii) In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User’s use of the Website / App or the services exceed, in the aggregate, the money charged from you for any specific voucher or service, under which the unlikely liability arises.
(iii) NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE/APP; (D) ANY CAUSE BEYOND THE COMPANY’S REASONABLE CONTROL.

MISCELLANEOUS

20.1 Transfer Lines:
You acknowledge that access to the Website / App will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
20.2 Actions of Other End-Users:
You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning the use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-User’s actions or failures to act.
20.3 Unauthorized Access and Data Loss:
The Company is not responsible for unauthorized access to your data, facilities, or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss, or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.
20.4 Force Majeure:
The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, bandh, lockout, or any interruption or any failure of electricity or server, system, computer, internet, or telephone service (“Force Majeure”).
20.5 Transferability of Rights:
Company’s rights under the Terms of Use are freely transferable by Company to any third parties without the requirement of seeking User’s consent.

TERMINATION

21.1 Suspension or Termination by Company:
The Company reserves the right to suspend or terminate an End-User’s access to the Website / App and the Services, at its sole discretion, with or without notice to such End-Users. Upon such termination, the End-User’s right to use the Website / App and the Services therein immediately ceases. The End-User agrees that the Company shall not be liable for such termination. Without prejudice to any other rights available to the Company under the Agreement or applicable law, the Company reserves the right to exercise any other remedy available under law in the following cases:

End-User breaches any terms and conditions of this Agreement;
A third party reports violation of any of its rights as a result of the End-User’s use of the Services;
End-User provides fraudulent, inaccurate, or incomplete information to the Website / App;
The Company is unable to verify or authenticate any information provided to the Company by an End-User;
The Company has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on the part of such End-User; or
The Company believes in its sole discretion that End-User’s actions may cause legal liability for the End-User, other End-Users, or for the Company, or are contrary to the interests of the Website / App.

21.2 Restrictions After Termination:
Once temporarily suspended, indefinitely suspended, or terminated, the End-User may not continue to use the Website / App 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 End-User shall no longer have access to data, messages, files, and other material kept on the Website / App by such End-User.

INDEMNITY

22.1 End-User’s Obligation to Indemnify:
End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, injuries, and/or costs (including reasonable attorney fees and costs) arising from the End-User’s access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will promptly notify the End-User of any such claim, loss, liability, or demand. In addition to the End-User’s aforementioned obligations, the End-User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury, or cost at the End-User’s expense.

APPLICABLE LAW AND DISPUTE SETTLEMENT

23.1 Governing Law:
You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.
23.2 Arbitration:
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 / App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. 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.
23.3 Jurisdiction:
Subject to the above, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website / App or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE

24.1 Company Contact Information:
If an End-User has any questions concerning the Company, the Website / App, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address [connect@udcdiagnostics.com].
24.2 Grievance:
In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website / App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Email: [connect@udcdiagnostics.com]
24.3 Violation Reporting:
In the event you suffer as a result of access or usage of the Website / App by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011 and/or provisions of the DPDP Act/Rules thereunder, please address your grievance to the above person.

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