This document (“Terms”) 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.
The link www.thyrocare.com and all such associated pages and websites (collectively hereinafter referred to as “Website") is an internet-based portal run, operated and maintained by Thyrocare Technologies Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”.), a company duly incorporated under the provisions of the Companies Act, 1965, having its registered address at Office D=37/1, TTC Industrial Area, MIDC, Turbhe, Navi Mumbai- 400703, Maharashtra, India.
For the purpose of these Terms, wherever the context so requires"You", “Your” or "User" shall mean any natural or legal person who accesses, uses or subscribes to Our Website, agrees to become a customer on the Website or avails to avail any of our services (defined hereinunder), through the website or otherwise.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). Please read these Terms carefully. Your access to Website and/or use of services constitutes Your acceptance of all the provisions of these Terms. If You are unwilling to be bound by these Terms, do not access Website and/or use the services.
Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.
The Company offers diagnostic and healthcare services to Users, including but not limited to collection of samples, conducting tests and generating test reports (“Services”) through the following modes (“Modes”). Your transactions with the Company through any of the following modes shall be governed by these Terms.
The Services though the Website or through other Modes is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Services shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Services through the Website or through other Modes. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by the Website or through other Modes, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Services if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the Services offered to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same. 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.
Company shall enable You to make the requisition of Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance of applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 6. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and avail the Services provided herein. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with these Terms. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users. You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at [email protected]. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
You acknowledge and agree, by availing Services from the Company, that-
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:
The limited rights granted to You in the service catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The service catalogues or any other materials available on the service shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website is the property of Company or third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company. Any purchase of Services from the Website or other modes will be strictly for personal use of the User.
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. You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person.
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Thyrocare”, domain name “www.thyrocare.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
We offer refund on cancelled orders and cancellation of orders with a minimum notice of 24 hours which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy (“Return and Refund Policy”). The Refund and Cancellation Policy forms an integral part of these Terms and the Users are requested to carefully read the same.
As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered by and between Users and third-party ACC or third-party websites. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third-party ACCs or websites. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team. If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our Grievance Redressal Officer at:
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Services offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:
Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to [email protected].
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.