Terms & Conditions

This ‘Agreement’ set forth the standards of use of www.Omega Diagnostics.in located at http://www.Omega Diagnostics.in unit of JW diagnostic and research centre PVT LTD 6th floor walfort ozone near fafadih chowk fafadih Raipur Chhattisgarh 492001.and all of its associated pages and websites. The link www.Omega Diagnostics.in and all such associated pages and websites are collectively referred to herein as the ‘Website.’

The words ‘You’ or ‘User’ ‘Your’ as used herein refer to all individuals accessing or using the Website for any reason.

By using the Website, You represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as ‘Terms of Use’. These
Terms of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services (as defined below).

Please read these Terms of Use carefully. Your access to Website and/or use of the Service constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access Website and/or use the Service.

1. DEFINITIONS AND INTERPRETATIONS

a. Definitions

‘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.

‘Company’ means Omega Diagnostics. Unit of JW diagnostic and research centre PVT LTD or any of its assignee, incorporated under the Companies Act, 1956.

‘Customer’ means any User who accesses the Website completes the registration.

‘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 be introduced from time to time through web portal.

‘Fee’ means the price prescribed by the Company for the E- Health Packages/Services as notified on its Website from time to time.
‘Home Service’ means the facility provided by the Company to facilitate sample collection at the Customer’s door step.

‘Order ID’ means the unique identification identity allotted to a Customer upon placing a request for booking the Services/E-Health Packages.

‘Registration Process’ means the entire process which a Customer/User undergoes while registering himself on the Website in accordance with clause 6.

‘Services’ means the services as mentioned in clause 3.2. ‘User’ means any person who accesses the Website.

2. SERVICES

1. The use of this Website entitles the User, whether a User or a Customer, to avail certain services as provided in the following clauses (‘Services’) and interpretation of the term ‘Services’ shall be done accordingly depending upon the context.
2. The Users are entitled to the following Services:
   • If You have not completed the registration You are entitled to view the snapshots of various E-Health Packages or other offers being offered on the Website. i.e Home collection requests, customer feedback form etc.
   • If You have completed the registration, on the payment of Fee, You are entitled:
     1. to view the snapshots of various E-Health Packages or other offers being offered on the Website;
     2. to book one or more Health Package/s or other offers;
     3. to opt for Home Service (if available at that period of time) wherein the Company shall send its representatives to your door step for the sample collection or You may visit the nearest center (at which the service is currently available) of the Company to give the sample. However, You shall have to visit the designated test centers/ laboratories if the Company requires You to do so;
     4. to receive email/sms/phone calls/letters which shall provide You with the Order ID, the E-Health Package’s details and the other details;
     5. to receive the test reports within the suggested time.
   • By clicking the button Get Call, I agree to be called on behalf of Omega Diagnostics,
3. The Services are non-transferable i.e. only the person on whose name the Health Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection.
4. In case a booking is made before 4 pm on a business day, the Company shall endeavour to give a confirmation call to the Customer on the same day and if it is received after 4 pm, the Company shall endeavour to give a confirmation call to the Customer the next business day.
5. The Customer is required to carry a photo-identification card, a copy of the invoice and Order ID or the transaction number at the time of visit to the Lab or when availing Home Service.
6. You are advised to go through the list of instructions/guidelines that is provided by the Company on its Website detailing the dos and don’ts before taking the various tests laid down in the Health Packages.
7. The Company may put further terms and conditions with every Health Package or Services and in case of any conflict with the Terms of Use or Privacy Policy, the term and conditions put specifically with the Heath Package shall prevail.
8. The Company reserves the right to change the nature of Services at its sole discretion. Such change may be notified to the User/Customer by publishing the same on the Website.
   

3. RESTRICTIONS ON USE

1. You shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company:
   • for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
   • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
   • that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
   • that is false or misleading; or
   • that harasses or advocates harassment of another person.

4. REGISTRATION PROCESS

1. The User to be entitled to avail the Services shall have to complete the registration process (‘Registration Process’) as provided below:
   • The Registration Process involves the creating of a login id by the User in accordance with clause 3.2.2.
   • Registration is mandatory for the Customers and requires them to provide certain basic information about themselves such as name, age, sex, email address, billing address, collection address, zip/postal code and phone number and accordingly create an Account.
2. Only after completing the Registration Process, the Users become Customers and become entitled to avail the Services as mentioned in the Clause 3.2, subject to payment of the Fee.
3. The Website may provide the facility of ‘masking’ which allows You to hide or keep confidential or not to fill any information except the information which are considered mandatory by the Company and which will indicated by asterisks. The Company further reserved the right to seek further information, even though masked by You, if in its sole view such information is necessary.

5. PAYMENT

1. The Company shall endeavour to provide the Customer with facilities/gateways to pay the Fee through credit cards, debit cards, cash cards and internet banking.
2. It is understood and agreed by the User/Customer that the Services shall only commence after realization of money in the accounts of the Company incase online payment is being opted for by them.
3. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company.
4. The Company 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. In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7-14 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.
5. It is understood and agreed by the User/Customer that payment mechanisms may be governed by separate agreements between the third parties who provide facilities for such payment mechanism and the Company.
6. It is understood and agreed by the User/Customer that in no event whatsoever, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Price shall be the sole responsibility of the User/Customer.
7. The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
8. The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website. Further, the Company reserves the right o change the Fees upon its sole discretion without any prior notice to the Customers/Users.

6. DELIVERY

1. The Company shall endeavour to release the test report/s to the Customer if so opted for by him/her within [ten] working days, unless it is required otherwise. Please 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 for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but the Company 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 administrative/technical reasons.
2. The Customer/s 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.
3. The test reports may also be displayed on the Website within the prescribed period and You may track the same by entering your Order ID.

7. MODIFICATION OF TERMS OF USE

1. You understand and agree 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. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by You on your 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 your initial access of Website or use of the Service shall be subject to these Terms of Use.

8. TERM AND TERMINATION

1. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the user of the Website for all Users.
2. For Customers, the Terms of Use shall commence from the time the Registration Process is concluded as per clause 6 of this Agreement and shall be valid until terminated as provided below or till the time the Account is maintained.
3. The Company may terminate this Agreement with immediate effect, without prior notice and without assigning any reason/s
   • whatsoever and without any prejudice to any/all other rights in the following events:
   • where the Account remains unused for a period of six months or more; or
   • if in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement or/and the Terms of Use; or
   • if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason.
4. Notwithstanding anything contained in the Terms of Use, clauses 5, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any termination or expiration of these Terms of Use.

9. LIABILITIES UPON TERMINATION

1. If the Terms of Use is terminated pursuant to clauses set out in clause 12 above, without prejudice to any other remedies available to the Company, You shall not be refunded whether a part or whole of the Fee.

10. OWNERSHIP

1. Any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

11. COPYRIGHT DISPUTE POLICY

1. The Company has adopted the following general policy towards copyright infringement:
2. If the Company believes in good faith any material on its Website has been illegally copied or is posted, uploaded or made accessible through the Website or Services and distributed by any advertisers, its affiliates, content providers, members or Users; it shall send an Infringement Notice and remove and discontinue Services to offenders.
3. If despite the Infringement Notice, the offender does not take the requisite steps, the Company shall have the right to proceed against the offender by filing a suit in the appropriate court of law on ground of such infringement.

12. LIMITATION ON 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). 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.

13. PRIVACY

1. Use of the Website and/or the Services is also governed by our Privacy Policy.

14. CONFIDENTIALITY

1. For the purpose of this Agreement and attachments thereto and all renewals, ‘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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 an User has obtained access to the Confidential Information, it shall be a breach of this Agreement 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.

15. Communication with the Customers/Users

1. When you visit the Website or use it to send emails/SMS, provide information or communicate to us, You understand and agree that you are communicating with us through electronic records. You hereby provide your consent to receive communications via electronic records from us periodically or as and when required. Further, you allow us to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.

16. Generic social media T&C

1. By participating in the social media contests, polls, engagement activities, etc. that would be posted on social media or shared through email, SMS, or WhatsApp, participants acknowledge that they have read, understood, and agreed to abide by these terms and conditions.
2. The above-mentioned activities are only engagement activities of Omega Diagnostics Limited, having its registered office at 6th floor walfort ozone nr fafadih chowk Raipur 492001 chhatisgarh.
3. Participation in the contest is voluntary. Please read the terms and conditions carefully. Participants must be human individuals and may not be automated bots or machines.
4. You shall be legally competent to enter into a binding contract under the applicable laws of India.
5. All who fulfil the eligibility criteria to participate in the Contest shall individually be considered and referred to as “Participant” and collectively “Participants” for the purpose of these T&Cs.
   • This contest is open to all Indian Citizens aged 18 years and over, except for employees of Omega Diagnostics, unit of JW diagnostic and research centre PVT LTD its immediate family members, affiliate, subsidiaries, distributors, dealers, principals (including the promoter(s) being hired by) and suppliers as well as it’s other creative, marketing and other agencies etc
   • The participant is allowed to submit multiple entries/ single entry as would be mentioned in the launch post, but each person stands a chance to win one (1) Giveaway only.
   • The decision of the Company is final and conclusive. The giveaway is non-refundable, non-transferable,non-exchangeable for cash, credit or any other item. No correspondence, queries, appeals or protests will be entertained.
   • Giveaways must be claimed within the specified time as advised. If in any case, the Company elects to post or courier a giveaway to a winner, the courier service fee will be charged to the participant and no responsibility will be accepted by Omega Diagnostics JW diagnostic and research centre PVT LTD.for any damages occurred during the transition.
   • For the safe and effective postal delivery of the giveaway, Omega Diagnostics JW diagnostic and research centre PVT LTD disclaims all liabilities arising from any lost or unsuccessful transmission of Giveaways.
   • Dr. Omega Diagnostics Ltd reserves the right to substitute the giveaway with an alternative giveaway of the same value, wherever it deems appropriate. Omega Diagnostics JW diagnostic and research centre PVT LTD reserves the right to disqualify any entries from any participant in the programme and prohibit that Person from further participating in the programme in the event there is suspicion that there has been an attempt to tamper with the outcomes/results
   • Omega Diagnostics JW diagnostic and research centre PVT LTD may, at any time at its sole discretion and without prior notice, vary, modify, delete or discontinue any aspect of the programme/ contest (including the cancellation or discontinuation of the programme/ contest and/or replacements and/or substitutions of the giveaway being offered) or any part of these terms & conditions and the participant agrees to be bound by such amendments.
   • The winner(s) will be selected from the entries during the campaign’s period only. It is the participant’s responsibility to ensure adherence to the contest’s instructions to qualify for participation.
   • The result of the contest will be announced on our Facebook and/or Instagram wall post. The winner(s) shall revert with their contact details to claim the giveaway within 21 days of the announcement and else it would be deemed cancelled.
   • Any giveaway, which remains unclaimed after 21 DAYS from the date of announcement shall be forfeited and stays non-transferable. The winner whose Giveaway has been forfeited is not entitled to any payment or compensation.
   • By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
   • By joining the contest, the customer has agreed to provide us with their contact details to Omega Diagnostics JW diagnostic and research centre PVT LTD future marketing purposes. We respect your privacy and will not share with a third party.
   • Giveaway can be a prize or a coupon but not cash.