The use of our Services is subject to your compliance with these terms and conditions. These Terms and conditions apply to all visits to our web portal proactivehealth360.com or any other portal and all other applications (“Website”) and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services. By accessing and using our Services, you hereby agree to these Terms and conditions, in its entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms and conditions. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions and conditions. If you disagree with these terms and conditions, please refrain from using our website.
The use of this website is subject to the following terms and conditions:
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, (“Company/ ProactiveHealth360/We”),( NewKal 360 Healthcare pvt ltd ), has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.
ProactiveHealth360 may disclose or transfer sensitive personal data / information as stated hereinbelow and to the extent it is necessary to carry out the purposes identified herein, to another entity or person located in India or another country and you hereby consent to such transfer. However such transfer of sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country shall only be carried out if it ensures the same level of data protection that is adhered to by Proactivehealth360provided for under the SPI Rules and/or applicable law and only if such transfer is necessary for the performance of the lawful contract between Proactivehealth360 or any person on its behalf and the User or where the User has consented to data transfer from before.
1. Services and use of Website
Proactivehealth360 provides Services through the Website and through the mobile platform to facilitate customers/ users to upload medical data, obtain diagnostic packages, obtain consultations and facilities these services through the Website. Proactivehealth360 does not provide any lab or medical services to its customers and is only an intermediary/facilitator between the customer and a diagnostic centre. Proactivehealth360 is not and shall not be responsible for any sample collected, tests conducted and reports generated by the labs and does not deal with any client or patient managed by User through the Website and only provides Services to User through the Website. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
User may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Proactivehealth360 will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Proactivehealth360 reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays beyond control of Proactivehealth360 .
Proactivehealth360 will provide the Services only in accordance with applicable laws and government regulations.
Notwithstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centres and laboratories contacted or managed through the Website and Proactivehealth360 shall have no liability or responsibility in this regard. Proactivehealth360 does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such client, diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
Proactivehealth360 may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Proactivehealth360 investigates complaints or alleged violations of this Agreement, or for any other reason. Proactivehealth360 has the right to edit profiles of diagnostic centres to make them more suitable for Package searches on the Website. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Proactivehealth360 immediately for such corrections. Proactivehealth360 shall have no liability or responsibility in this regard.
Delivery of reports: Proactivehealth360 provides you with the best-in-class experience at every step of the way. We assure you that all due precautions are taken so that your report reaches you intact through ProactiveHealth360 portal/app.
Estimated Sample collection time and Report Generation Time :-
Your sample collection will typically be done on the chosen date and time. If not, you can always reschedule to our available date and available time slot However, in certain cases Proactivehealth360 may reschedule or cancel an appointment in which case you shall be informed in advance.
Sometimes, sample collection may take longer due to bad weather, political disruptions and other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.
Access to the patient dashboard and blood reports will be available once the data is fully digitized and the health briefing has been completed.
2. Eligibility
You represent and warrant that you are competent and eligible to: (i) avail/procure and render/supply the services and products covered hereunder; (ii) enter into a legally binding agreement; and (iii) be bound by these Terms of Use. You shall not access and use the website if you are not competent to contract under Indian law.
3. Non-transferable right to use the Services
Your right to use the Services is not transferable. Any password or subscription right given to you to obtain your health related information or documents from the websites are not transferable. Proactivehealth360 may freely transfer, assign or delegate all or any part of these Terms and conditions, and any rights and duties hereunder. This Terms and conditions will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
4. Payment, Fees and Taxes
The User agrees to pay all Subscription fee including Package fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the Package that User purchases and not on actual usage of the Services.
Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Proactivehealth360 is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Proactivehealth360 is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Proactivehealth360. The fees could also be paid offline and be either collected personally from the User.
All fees are exclusive of applicable taxes.
Proactivehealth360 reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
In order to process the payments, Proactivehealth360 might require details and conditionsr’s bank account, credit card number etc.
5. Cancellation and Refund Policy
No refund will be given after 24 hours from the day the payment is made to the company. However, in case a written request for refund reaches the company within 24 hours , the entire amount paid (without interest-subject to a deduction of Rs. XX towards administrative charges) will be credited for any further purchase of similar or exceeding amount within a maximum of 30 days from date of cancellation.
The stated amount due for refund shall be processed within 15 business working days from the date of the cancellation, subject to all terms and conditions being met successfully. In case of cash payment, the money will be transferred through Bank a/c NEFT or Cheque.
Credit Card processing Fees
6. Collection, Use, Storage and Transfer of Personal Information
Our Website may include pages that give you the opportunity to provide us with Personal Information about yourself. As used in this Terms and conditions and/or Privacy Policy. Any use of personal information or any other information by Proactivehealth360 shall be governed by privacy policy which can be accessed at [give link]
7. Covenants:
Proactivehealth360 hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that
Belongs to another person and to which the User does not have any right to;
Is 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;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time benign force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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.
The User is also prohibited from:
Violating or attempting to violate the integrity or security of the Website or any Proactivehealth360 Content;
Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Proactivehealth360;
Intentionally submitting on the Website any incomplete, false or inaccurate information;
Making any unsolicited communications to other Users;
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;
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
Copying or duplicating in any manner any of the Proactivehealth360 Content or other information available on the Website; and
Framing or hotlinking or deep linking any Proactivehealth360 Content.
8. Liability
Proactivehealth360 shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Proactivehealth360, where the User has consented to the making of disclosures by Proactivehealth360. The User shall not hold Proactivehealth360 responsible or liable in any way for any disclosures by Proactivehealth360 inasmuch as it is in compliance of applicable laws including Regulation 6 of the SPI Rules.
The Services provided by Proactivehealth360 or any of its licensors or providers are provided "as is," as available, 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). Proactivehealth360 does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Proactivehealth360 does not verify any content or information provided by the Users/ diagnostic centres on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Proactivehealth360 Content, representations and warranties made by the Users/ diagnostic centres or the content or information provided by such Users/ diagnostic centres on the Website or any loss arising out of the manner in which the Services have been rendered. The information via the Services is for general information purposes only and does not constitute advice, medical or otherwise.
The Website may be linked to the website of third parties, affiliates and business partners. Proactivehealth360 has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Proactivehealth360 endorses the linked sites. User may use the links and these services at User’s own risk.
We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
Proactivehealth360 shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection; Proactivehealth360 shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centres;
Proactivehealth360 assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account and conditions’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
In no event, including but not limited to negligence, shall Proactivehealth360, or any of its directors, officers, employees, agents or 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 or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a User/ diagnostic centre to any User/ client. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 10,000/-.
In no event shall the protected entities be liable for failure on the part of the diagnostic centres to provide agreed services or to make provisions for the carrying out the Services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by any diagnostic centres.
The listing of diagnostic centres on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of diagnostic centres on the Website.
9. Indemnity
User agrees to indemnify and hold harmless Proactivehealth360, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by user of any intellectual property or other right of Proactivehealth360 or any person or entity. Proactivehealth360 will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10. Term, Termination and Dispute Resolution
This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
Proactivehealth360 reserves the right to terminate this Agreement, in case:
A User breaches any terms and conditions of this Agreement
Proactivehealth360 is unable to verify or authenticate any information provided to Proactivehealth360 by a User; or
Proactivehealth360 believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Proactivehealth360 or are contrary to the interests of the Website.
On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
Proactivehealth360 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Proactivehealth360 is unable to verify or authenticate any information the User submits to Proactivehealth360, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Proactivehealth360 to provide the Services to the User.
This Agreement and any contractual obligation between Proactivehealth360 and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gurgaon, Haryana.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
11. Severability & Waiver Contact Information
If any provision of this Terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
We Do Not Provide Medical Advice:
The information that you obtain or receive from Proactivehealth360, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the website. If you rely on any of the information provided by the Website, you do so solely at your own risk.
No Doctor Patient Relationship:
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE FIND A TEST FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL/DIAGNOSTIC CENTER OR SPECIALIST IN ANY FIELD CONDUCTING TEST. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any diagnostic centre at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a health care diagnostic centre by making confirming telephone calls to the relevant diagnostic centre. Any kind of an engagement with the third parties including with the diagnostic centre would be on a principal to principal basis on the best judgement of yourself.
We do not represent or warrant that the content or information provided or made available via our Services is accurate, complete or current, or that our services will be uninterrupted or error free, or that any defects in our Services will be corrected or that our Services or the server that makes our Services available are free of viruses or any other harmful components. We do not make any warrantees or representations regarding the use of the materials in our Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. Information published or made available via our Services may refer to products, programs or services that are not available in your region. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with our services is to cease use of our Services. We reserve the right to suspend or withdraw the whole or any part of our Services at any time without notice and without incurring any liability.
12. Copyrights
All content on this website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their related content and arrangement (Content), are either Copyright of Proactivehealth360, or are the proprietary property of Proactivehealth360 affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Proactivehealth360 prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Proactivehealth360 provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet sites or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this website, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this website, please contact our Copyright Agent or see our Copyright Policy for more information.
13. Trademarks
All trademarks on the websites are either trademarks, tradenames or registered trademarks of Proactivehealth360 or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Proactivehealth360. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Proactivehealth360 or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Proactivehealth360. Other trademarks, registered trademarks, product names, and company names or logos displayed on the websites are the property of their respective owners.
14. Software
Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the websites may be used by you solely for accessing and using this website for purposes expressly stated on the websites, provided that such uses are not competitive with or derogatory to Proactivehealth360. Proactivehealth360 retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
15. Intellectual Property
The User will not copy, add to, alter, amend or deface the Intellectual Property of the company.
16. Force Majeure
Proactivehealth360 and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
17. Right to Modify Terms of Service
Proactivehealth360 reserve the right to revise and update these Terms and conditions at any time without notifying you. As such, please periodically review these Terms and conditions, our Privacy Policy, and any other policies that may be posted on this Website, each of which are accessible via the Website homepage. Continued usage of our Services will be considered acceptance of any changes. The User agrees that, during the period of this Agreement, we may revise the Terms and Conditions, and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
Proactivehealth360 has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
18. Entire Agreement
These Terms and conditions, together with the privacy policy, payment and refund policy appearing in Privacy Policy, and any other policy posted at Proactivehealth360 web portal and other applications, represent the complete agreement between you and Proactivehealth360 concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter.
Your booking of the service and details provided therein shall stand deemed confirmed unless a change is updated to the company. Acceptance of our service is deemed acceptance of our terms and conditions and privacy policy. Please review our terms and conditions and privacy policy available at www.Proactivehealth360.com. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or any other information.
GRIEVANCE OFFICER
In accordance with the Indian Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the grievance redressal officer are provided below:
Insert Name Shweta Bansal
Address Suite 101 , # 719/16 Faridabad
Email Shweta.b@proactivehealth360.com
Contact No. 9873699587
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