Terms & Conditions

The following Terms of Use between you (“User”) and Krsnaa Diagnostics Limited (“Company”) having its registered office at [__] describes the terms and conditions on which you may access and use the Company’s website [__] (“Website”) and related services. By accessing or using any of the services, you acknowledge that you have read, understood and accepted the Terms of Use.

The below Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations and Terms of Use for access or usage of the Company’s Website. These Terms of Use is an electronic record under the laws of India and need not be signed physically or digitally.

You must be at least eighteen (18) years of age to use the Website. Use of this Website is restricted to persons competent to contract, as defined under the Indian Contract Act, 1872. Therefore, the Company reserves the right to deny access to minors, persons of unsound mind or undischarged insolvents, and such persons are advised to access the Website through their legal guardians. 

The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.

DEFINITION AND INTERPRETATIONS

1. “Account” means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, user name, password as required to be filled in the webpage during the registration process and includes any further changes and additions to the information from time to time.
2. “Company “means Krsnaa Diagnostic Limited or any if its subsidiaries, assignee incorporated under the Company Act 1956
3. “Customer “means any User who access the Website and completes the registration in accordance with Clause III
4. "E-Health Packages" means the exclusive and customized health diagnostic packages being offered by the Company and any such other packages which the Company may introduce from time to time through the Website.
5. "Fee" means the price prescribed by the Company for the E- Health packages.
6. Packages/Services as notified on its Website from time to time.
7. "Home Service" means the facility provided by the Company to facilitate sample collection at the Customer's door step.
8. "Order ID" means the unique identification identity allotted to a Customer upon placing a request for booking the Services/E-Health Packages.
9. "Registration Process" means the entire process which a Customer/User undergoes while registering himself/herself on the Website in accordance with clause III.
10. "Services" means the services as mentioned in clause II.
11. "User" means any person who accesses the Website.

SERVICES

1. The term “Services” means and includes the following diagnostic tests/health packages provided by the Company at its most advanced state-of-art testing facilities:

‘onCORE’- Comprehensive diagnostic solutions for hereditary and sporadic cancers

‘hemaCORE’- Clear and precise diagnostic answers for multiple hematological disorders.

‘reproCORE’- Solutions for reproductive health such as infertility, pregnancy & sexual health

‘cardioCORE’- Genetic tests for cardiovascular diseases and non-invasive tests for heart blockage

‘endoCORE’- Diagnosis of genetic endocrine disorders with a range of symptoms & severity.

‘nephroCORE’- Diagnosis of kidney diseases at an earlier time than current diagnostic solutions.

‘uroCORE’- Detection of urological disorders of the urinary tract, bladder & prostate.

‘eyeCORE’- Specialized testing for ophthalmologic conditions.

‘neuroCORE’- Genetic testing & counselling for diagnosis of brain & nervous system disorders.

Comprehensive Health Packages comprising a combination of two or more of the above-referred tests.

 

1. ‘COVID-19’- Testing for detection of corona virus.

 

1. Any other test(s)/health package(s) provided by the Company

 

1. The use of the Website entitles the User to avail the Services (subject to completion of registration process) in the following manner:

 

1. to view the test/health package(s) being offered on the Website and book the test/health package(s) which suit the requirements.
2. select any of the options i.e. (a) visiting at any of our testing facility(ies) to give sample or (b) Home Service (if available, at the nearest testing facility) in which case the Company shall send its representative(s) to the User’s home for collection of the sample.
3. after collection of the sample, the User will receive an order ID and other details by e-mail on the registered e-mail ID or by SMS/Whatsapp on the User’s registered mobile number
4. once the test report is ready, the User will receive a link to download th test report by e-mail on the registered e-mail ID or by SMS/Whatsapp on the User’s registered mobile number.

 

1. The User hereby agrees that the Services are non-transferable i.e. only the person in whose name the test/health package(s) is assigned at the time of booking will be eligible to avail the Services.

 

1. For availing the Services, booking is to be done at least a day in advance before __ p.m. on a business day. In case a booking is done after __ pm on a business day, the sample will be collected only on the business day following the next business day.
2. The User is required to carry a photo-identification card and the Order ID at the time of the visit to the testing facility or at the time of availing Home Service.

 

1. The User will be required to follow strictly the instructions/guidelines that is provided by the Company on its Website before giving a sample for the test/health package(s).

 

1. The Company reserves the right to change the scope of Services as mentioned in the clause above at its sole discretion and by notifying the same on the Website.

 

1. The User agrees to take all the responsibility for his/her actions in availing the Services through use of Website and the Company shall not be liable for any such action.

 

1. The User hereby acknowledges that the Company shall not be liable or responsible for any deficiency in payment of Fees payable towards the Services booked by the User through use of the Website. In case of any deficiency in payment of Fees by the User, the Company shall not bound to provide the User the report.

• REGISTRATION 

1. To avail the Services, the User will be required to register on the Website by following the registration process as mentioned herein below:

1. Create an Account by choosing a ‘Username’ and ‘Password’.
2. Fill in the basic information such as name, age, sex, e-mail address, billing address, collection address, zip/postal code, and phone number. The User hereby represents and warrants that all information provided about User or anyone else shall be true and accurate. In case, any of the information provided by the User is found to be false or inaccurate, the Company may in its sole discretion, block/remove the Account.
3. On completion of the registration process, the User will become entitled to avail the Services being offered by the Company, subject to payment of the Fee.

1. 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 of information for the registration process and may ask for further information even after registration process. The Company may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.

• RESTRICTIONS ON USE

• The User shall agree to not, and shall not authorize or encourage any third party to: 

• Use the Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, obscene, offensive, harassing, fraudulent, contains malware or viruses, or is otherwise objectionable as may be determined by the Company; 

• Upload, transmit or otherwise distribute content that infringes upon a third party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; 

• Prevent others from using the Website; 

• Attempt to gain unauthorised access to the Website, solicit information from other users, or interfere with the functioning of the Website or any transactions conducted therein;

• Use the Website for any unlawful, fraudulent, inappropriate purpose.

• Engage in commercial activities and/or sales without prior written consent from the Company.

• Host, upload, display any information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

1. Violation of any of the abovementioned terms may subject the User to penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Website in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, legal process or governmental request.

 

1. In addition to the above, the User hereby agree that the User shall not:
   1. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of the Company;

 

1. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

 

1.  take any action or use any device, routine or software that imposes, or may impose, in the discretion of the Company an unreasonable or disproportionately large load on the Company’s infrastructure or which inhibits or interferes with the running of the Company’s Website or any booking concluded upon it, or,

 

1. deep-link to any portion of this Website for any purpose without express written permission of the Company.

 

1. create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or Service or otherwise interfere with other users’ use of the Website and/or Service;

 

1. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;

 

1. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.

 

1.  Steal any other person’s personal information like debit/credit card number, password, CVV, Card end date and use it to do the online transaction on this Website in which case the User shall be solely liable for all criminal and civil liabilities and shall hold Company harmless from any such transactions.

• PAYMENT POLICY 

• The User shall have the option to pay the Fee through credit cards, debit cards, cash cards and internet banking. In case of payment mechanism stated above, the User hereby agrees to abide by the terms of the Company with such third parties (i.e. payment gateway providing services related to electronic payments and collections) who provide such payment mechanism including but not limited to the payment of transaction charges being charged by such third parties for facilitating payment.

• The User shall be entitled to avail the Services only on receipt of the Fee in the bank account of the Company. In case any payment, though completed at end, does not get credited to the Company’s bank account due to any defect or fault in the payment mechanism, the Company shall have no responsibility for the wrong debit to your credit card/bank account. It shall be the responsibility of the User to deal with the third party through whom the payment was routed for such wrong debit.

• In case any transaction done by the User is found not to be in conformity with the Terms of Use of Website or if the transaction is found to be irregular in any manner or whatsoever, the said transaction shall be deemed null and void and shall be cancelled by the Company. In case of such transaction, if the payment has got credited to the bank account of the Company, the same shall be refunded to your credit card/bank account within 7-10 working days and the User shall be duly informed of the same by email and SMS.

 

• REFUND AND CANCELLATION POLICY

 

1. The booking is valid for 7 days from the time and date of invoice generation. After 7 days, the User shall not be entitled to claim for Services and the Company shall have the right to forfeit the Fees already paid in such a case.

 

 

1. The User shall intimate the Company about the cancellation of Services by sending an email to [___].

 

1. If the cancellation is done by the User within the time limit mentioned in Clause VI (1), the amount paid by the User shall get refunded to the User within 7-10 working days after the deduction of 5% cancellation charges on the total amount of the invoice.

 

1. The refund amount shall be paid only to the credit card/debit card/bank account from where the payment was made by the User and shall not be refunded by any other mode.

 

1. Refund of the Fees shall be done in the ratio and in the following scenarios only:

 

1. Refund of the entire amount of Fees:

1. If the booking has been done and there is no Service provided;
2. If the User has done multiple bookings due to system error.

In case of scenarios other than ones mentioned in clause VI (5) (a), the refund shall be made only on deduction of 5% on the total amount of invoice as cancellation charges

1. When the sample is collected and sent for processing and is not processed and the User requests to stop the processing after collection, refund shall be made after deducting the 5% cancellation charges on total amount of invoice & Rs. 200 as handling charges.
2. The User shall not be eligible for refunds when the sample has been collected and processed. The User shall also not be eligible for any refunds when the sample has been collected, processed and reported successfully.

• REMEDIES WITH THE COMPANY

 

1. The User understands and agrees that the Company or the Website may review any content and in case the Company finds any information provided by the User to be suspicious or misleading, the Company shall in its sole discretion, reserve the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service.

 

1. The Company shall also be entitled to investigate occurrences which may involve such violations and may and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/Customers who are involved in such violations

• INTELLECTUAL PROPERTY AND OWNERSHIP

 

1. All rights, title and interest in and to the Website, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Website, and the compilation of the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), and other materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights and other intellectual property and proprietary rights therein is owned solely and exclusively by the Company. The User’s use of the Website does not grant to the User the ownership of any content, code, data, or materials. Any commercial use or exploitation of the Website is strictly prohibited. The material may only be used for the User’s personal use for non-commercial purposes. The User is strictly prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, code, data, marks, and/or other materials available on the Website in whole or in part.

• CONFIDENTIALITY 

1. For the purpose of these Terms of Use, "Confidential Information" means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the "Disclosing Party") or, which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party"), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

 

1. The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.

 

1. Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

 

1. All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms of Use. Notwithstanding anything contained in the Terms of Use, the User/Customer gives his unconditional consent to the Company that it may sell or license or permit third parties to use such data or information, on payment of consideration or otherwise.

 

1. The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time, if Company provides such an option.

 

1. All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

 

1. If the User is neither a genuine Customer nor an intended recipient and are using or accessing the Website to gain Confidential Information and if such User has obtained access to the Confidential Information, it shall be a breach of these Terms of Use and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction

• INDEMNIFICATION

1. The User hereby undertake and agree to defend, indemnify and hold the Company and keep the Company and it’s affiliates and each of their respective officers, directors, employees, agents or representatives harmless from and against all third party actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising out of or resulting from:

1. The User’s use of the Website or the Services and breach of any of the Terms of Use by the User; or
2. any claim or proceeding brought by a third party against the Company due to the infringement by the User of any intellectual property rights of that third party

• LIMITATION OF LIABILITY

1. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

 

1.  WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, SERVICE INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.

• MODIFICATION OF WEBSITE AND TERM OF USE

1. The User understands and agrees that these Terms of Use, the Website and the Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. The User hereby agree to review the Terms of Use periodically so that the User is aware of any such modifications and the Company shall not be liable for any loss suffered by the User on his/her failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after the User’s initial access of Website or use of the Service shall be subject to these Terms of Use

• MAINTENANCE

1. The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and 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 or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of the Terms of Use, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

• TERM AND TERMINATION

1. The Terms of Use shall become effective for the User immediately after the User’s registration process is completed and shall remain valid till the User’s Account remain active.
2. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users. The Company reserve its rights to terminate the User’s Account any time in the following circumstances:
       a. where the User’s Account remains unused for a period of six months or more; or
   b. if in the opinion of the Company, the User have breached any of the terms and conditions of the Use of Website or Services; 

 

1. Notwithstanding termination of the User’s Account, all clause(s) hereunder, which by its nature are expected to survive termination of the User’s Account shall continue to remain binding on the User even after termination of the User’s Account.

• CONSEQUENCES AND LIABILITIES UPON TERMINATION

1. If the User’s Account is terminated on account of breach of any of the terms and conditions of the Terms of Use of Website or Services, then without prejudice to any other remedies available to the Company, The User is not entitled to refund of the Fees paid by the User.

• REPORT ABUSE

1. In the event the User comes across any abuse or violation of these Terms of Use or if the User become aware of any objectionable content on the Website, the User shall report to Company customer support.

• GOVERNING LAW

1. The Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Pune, India.

• DISPUTE RESOLUTION

1. If any dispute or difference shall arise between the Company and the User relating to the Terms of Use of the Website or the Services or the rights or liabilities of the parties hereunder, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“the Dispute”) in this clause shall be determined as follows:

1. A party must not commence court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising hereunder unless it has complied with this clause.
2. A party claiming that a Dispute has arisen hereunder must give the other party written notice of the particulars of the Dispute.

The parties shall first endeavour to settle such Disputes by mutual discussion. If the dispute is not resolved within 30 days of the notice of Dispute, the same shall be referred to arbitration in accordance with the Arbitration & Conciliation Act, 1996, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator to be mutually appointed by the Parties. The arbitral proceedings shall be conducted at Pune in English and shall be governed by and construed in accordance with the laws of India and such award shall be binding on the Parties.

 

• MISCELLANEOUS 

1. ASSIGNMENT: The Company may, at any time and at its sole discretion, assign any of its obligations to any other person without notice to the User. However, the User shall have no right to assign, sub-license or otherwise transfer any of his/her rights hereunder to any other party, unless prior written approval is taken from the Company.

 

1. SEVERABILITY: If any provision contained herein is held to be invalid or unenforceable or prohibited by law, such provision shall be inoperative but the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

 

1. WAIVER: Any delay or omission on the part of any party to exercise any right, power, or remedy hereunder will not automatically operate as a waiver of such right, power, or remedy or any other right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion will not be construed as a continuing waiver of any successive or other rights, power, or remedy on any other occasion.

 

1. 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, nationalisation, 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

 

1. DISCLAIMER

KRSNAA DIGNOSTICS LIMITED DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. KRSNAA DIGNOSTICS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT THE USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND KRSNAA DIGNOSTICS DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. KRSNAA DIGNOSTICS ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE USER.
KRSNAA DIGNOSTICS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND KRSNAA DIGNOSTICS SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY THE USER FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.