Terms & Conditions

 

Terms of use

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

This document 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, privacy policy and Terms of Use for access or usage of https://www.egmedi.com/ website.

User agreement

Your use of https://www.egmedi.com/ and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include its successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website.

The Website is owned by Egmedi Healthcare Services Limited a company incorporated under the Companies Act, 1956 with its registered office at Tower D, 4th Floor, IBC Knowledge Park, 4/1, Bannerghatta Road, Delhi- 560 029, Karnataka, India (hereinafter referred to as "Egmedi" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns). The term"we","us","our" shall mean Egmedi.com.

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression "You" shall, unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your User ID and Password or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.

When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by our Policies ((including but not limited to Privacy Policy) as amended from time to time.

Membership eligibility

Use of the Website is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement

Your account and registration obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Egmedi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Egmedi has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

Services offered

Health checks, Pharmacy, Consultation and other services that may be supplied / provided by third party service providers and suppliers of Egmedi from time to time.

Online bookings

The electronic confirmation receipt will be e-mailed to your registered email id. The confirmation receipt is your confirmation of appointment. You are required to print and carry this receipt and present it to our channel partner / third party service provider to avail of the service availed by you along with any of the ID Proof (Official Government issued identification/ driving license/ election photo identification/ Passport) to the Diagnostic Centre/ Hospital. Payments for online bookings can be made through Net Banking, Credit Cards or Debit Cards as specified below. Appointments of beneficiaries cannot be transferred.

Modifications and refunds

Once an online booking is made on the Website, you will not be able to make any modifications to it but can only cancel it only through the Website. Refunds through credit/debit cards will be only in accordance with credit/debit card refund procedures. Please refer to our Refund Policy (as provided hereinafter) for more information.

Mode of payment

  1. Payments are accepted by means of Net Banking, Credit Card or Debit Card.
  2. Credit Card: Payment for online booking is accepted by Credit Card (MasterCard and VISA only). We accept all major Credit Cards.
  3. Debit Card: Payment of online booking is also accepted by Debit Card (MasterCard and VISA only).

Exclusions to online payment facility

Egmedi may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment by Users to the channel partners, third party service providers and or suppliers and other charges, if applicable. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Egmedi shall not in any way be liable for any delay, disruption or defects in the services offered by these third party payment service providers or such payment facility facilities.

You acknowledge that you assume all the risks involved in using our online payment facility and we shall not be in any way liable for any damage, loss, expense or detriment caused (directly or indirectly) by a defect in the online payment facility purported to have been caused or caused by reason of your use of such online payment facility or for whatsoever reason.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction or on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.

Cancellation & refund policy

Cancellation of the health check appointment once payment is made should be done by raising a request from our website by giving the Appointment ID and refund in such case will be made to the payee after deducting 3% of the transaction amount not exceeding Rs. 300/- (Rupees three hundred only). Please note that the refund process may take 10 working days from the date of appointment cancellation
Cancellation of Pharmacy Order shall l not be accepted once you confirm the order on call. Pharmacy orders are not eligible for exchange. A maximum of three (3) re-schedule requests shall be permitted for Pharmacy order within a span of 10 days reckoned from the date of booking of the order on the Website.

Credit card authentication

Effective 1 August 2009, Reserve Bank of India has made it mandatory for all banks to implement additional verification and validation procedures in all cases of "card not present transactions". All card holders have to register with their card issuing banks and create a Verified By Visa or MasterCard secure code password which has to be entered whilst making online payment.

Security

Website will take all reasonable measures to ensure that information you transmit to Website, will remain confidential and protected from unauthorized access but Website does not warrant against unauthorized access and will not be liable for any unauthorized access by any means to that information.

Your Credit Card details are transmitted directly to the payment gateway provider and Website does not see any of its information at any time.

Taxes

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Restrictions on use

As mandated by Regulation 3(2) of the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011, Egmedi hereby informs Users that they are 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 being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonate 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.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Egmedi or otherwise engage in any conduct or action that might tarnish the image or reputation, of Egmedi or sellers on platform or otherwise tarnish or dilute any Egmedi's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Egmedi's systems or networks, or any systems or networks connected to Egmedi.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

Trademark, copyright and restriction

This site is controlled and operated by Egmedi and the services and products are sold by respective third party service providers, suppliers and channel partners. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Intellectual property rights

It is hereby specifically recorded that the copyright and other Intellectual Property in the products and services available on the Website is the sole and exclusive property of third parties. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights.. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

Breach

Without limiting other rights and remedies, Egmedi may limit your activity, immediately remove your information or your purchases or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  • If you breach the User Agreement or any terms or policies of the Website.
  • If your actions may cause legal liability for you, other users or Egmedi.

Egmedi may at any time at its sole discretion reinstate suspended users. Egmedi reserves the right to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

No warranty and disclaimers

Egmedi and its affiliates, third party service providers, third party channel partners provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Egmedi, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Egmedi and Egmedi’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

Limitation of liability

The Website is solely an online Cashless Outpatient Services Network where various channel partners offer their services. Egmedi in no manner is to be construed as the service provider, supplier or the like. You hereby release Egmedi, your employer (if applicable) from all liability (of whatsoever nature) arising from your availing of any of the services and / or products on offer on the Website. The channel partners, third party service providers, suppliers are wholly liable to ensure delivery & quality of the services and / or products on offer on the Website.

In no event shall Egmedi or its affiliates or your employer (if applicable) or service providers be liable to the User for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).

Egmedi or your employer (if applicable) shall in no manner whatsoever be liable to the User for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from User’s use of the Website or the Services.

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Egmedi and you shall have no authority to bind Egmedi in any manner whatsoever nor shall Egmedi have any authority to bind you in any manner whatsoever. All the services provided by the Egmedi shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between you and Egmedi with respect to the subject matter hereof.

In Egmedi's sole discretion, Egmedi may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Egmedi on reasonable efforts basis and if practicable may provide you with an advance intimation of any such acts.

Grievance officer:

In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of your personal sensitive information as governed by the Website’s Privacy Policy is:

 

Grievance Officer
Egmedi.com
WA-120A, Ground Floor, Ganesh Nagar II, Shakarpur, New Delhi, Delhi 110092
Phone: +91-98-71010993
Email: support@egmedi.com
Other complaints

In the event you have any complaints or concerns with respect to the website or our services, please contact us support@egmedi.com

Governing law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Egmedi shall be governed and construed in accordance with the laws of India.

Arbitration

If any dispute arises between you and Egmedi during your use of the Website or your dealing in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Egmedi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi.