As used in this Agreement, “we,” “us,” “our” and “5thVital” means Prednalytics Health Private Limited and “you” or “your” shall mean individuals or entities accessing the 5th Vital Website (defined below).
5th Vital is engaged in the business of providing various diagnostic sample collection at your doorstep and convenience through website including the internet, mobile and telephone (“5th Vital Website”). 5th Vital Website can be accessed through the Internet.
1.Eligibility for use of 5th Vital Website
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the 5th Vital Website and services if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.
2.Your Account and Registration Obligations
While using the 5th Vital Website, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur on your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has been used in an unauthorized manner. We reserve the right to cancel or suspend your membership.
3.Content on Website
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the 5th Vital Website (collectively, “Content“), is either owned by us or by a third party user and we have no control or rights over such third party user content.
- All the information, feedbacks, reviews on 5thVital.com or other users of the 5th Vital Website is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk.
- No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of 5th Vital
- You shall use information on the Services for downloading, provided that:
You shall not remove any proprietary notice language in all copies of such documents,
You use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
You make no modifications to any such information, and
You do not make any additional representations or warranties relating to such documents.
4.Conditions for Use of 5th Vital Website
You agree, undertake and confirm that the use of 5th Vital Website shall be subject to the following terms:
You shall not host, display, upload, modify, publish, transmit, update or share any information on the 5th Vital Website that:
Belongs to another person and to which you do 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;
Harms any person in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violate any applicable 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; send, circulate or perpetrate any information or data which 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, defense, 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:
Make any representation which is misleading in any way;
Engage in commercial activities through 5th Vital Website without the prior consent of 5th Vital; or
Engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of 5th Vital or interferes with its functioning.
Responsibility or User-Provided Content:
a) The 5th Vital Website may include a variety of features, such as discussion forums, blogs, photo and Video Sharing pages, e-mail services and social networking features that allow feedback to us or allow rating of 5th Vital Associates and allow users to interact with each other on the Site or to post content and materials for display on the website. The website also may include other features, such as the personalized home care.
6.Purchase and Redemption of Discount Vouchers
- We provide an opportunity to the Users to avail value deals from a number of Associates (partner labs) at discounted prices by the issue of vouchers that can be redeemed up to a certain validity period from outlets of the Associates (“Vouchers”).
- In order to purchase Vouchers, the User would be required to create an account on the Website. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
- Once we issue you the Voucher, you may cancel the transaction at any time within specified time mentioned on the voucher. If you want to cancel the Voucher, please send us an email at contact@5thVital.com to inform us that you are cancelling the Voucher, provided you have not redeemed the Voucher.
- All Vouchers are promotional vouchers and shall be subject to the standard terms and conditions and specific terms and conditions mentioned on the voucher. Vouchers are issued on behalf of the Associates and only the Associates shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the associates or which arises out of the goods and/or services provided by the associates, as well as for any unclaimed property liability arising from unredeemed Vouchers.
7.Standard Terms and Conditions applicable to the Vouchers
- The following shall constitute as ‘Standard Terms and Conditions’ for redeeming Vouchers for purchasing goods and/or availing services from our Associates:
We shall not be responsible for the quality of products and/or services provided by our Associates, and the same shall be the sole responsibility of our Associate.
Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
Vouchers can be redeemed only after due verification of the Client including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Vouchers.
Vouchers may be applied only to purchase the merchandise sold by the Associates, and may not be applied to shipping or handling charges.
Neither we nor our Associate is responsible for lost or stolen Vouchers or the reference number mentioned on it. Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons or promotions unless otherwise specified by us or the Associate.
Reproduction, sale or trade of Vouchers is strictly prohibited.
Any attempted redemption not consistent with these terms and conditions will render the Voucher void and invalid.
The Voucher will expire on the date specified on it.
- Associates will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
8.Responsibility for User-Provided Content
The 5th Vital website may include a variety of features, such as discussion forums, blogs and social networking features that allow feedback to us and may also allow users to interact with each other on the Website or to post content and materials for display on the website.
By accessing and using any such features, you irrevocably agree:
- That you have read and agree to abide by our Community Rules as set forth below in Clause No: 9
- That you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
- That you are 18 years of age or older; and
You alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Website.
We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Website through which users can supply information or materials.
You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce these Terms of Service;
- To claims that any content or materials submitted by you violate the rights of third parties; or
- Protect the rights, property, or personal safety of our website, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:
- Restrict or inhibit any other user from using and enjoying the website.
- To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Do not use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising
- Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval from us.
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Website
- Contact anyone who has asked not to be contacted
- Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
- Repeatedly post the same or similar content
We reserve the right to deny access to the Website or any features of the Website to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
- Services offered including limitations thereto are fully described in Website Policies, Consent Letters etc.,(“Policies”) available on our Website.
- By accessing the 5th Vital Website or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
- If you avail any of the Services offered by the Empanelled Associates, the Services would be provided to you as per their terms of service and you may be subject to additional restrictions of such Empanelled Associate.
- This Agreement and the Policies are subject to change from time to time, at the option of 5th Vital. Changes to the policies shall be notified on the Website stating that the terms are new/modified and the site on which they were updated. You understand that your use of the Services constitutes your agreement to follow and be bound by the most recent version of the Policies. We will intimate the changes to our Policies and Terms, through email, SMS and post, as per the details provided by you. Please make sure you provide a valid email-id and contact information and you update it as and when needed.
- If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the Services. Your use of the 5th Vital Website after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
- We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the 5th Vital Website) as necessary to satisfy any law, regulation or valid government request.
- We reserve the right, but have no obligation, to monitor the materials posted on the 5th Vital Website. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement.
- 5th Vital is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non-public, sensitive or obscene materials on the 5th Vital Website.
11.Rating and Review
You shall indemnify and hold harmless 5th Vital, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective 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 this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your account and access to all or any part of the 5th Vital Website, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Website or by emailing us at [insert email address (add email Id)]. This Agreement shall survive any termination of your membership. We may change, suspend or discontinue all or any aspect of the 5th Vital Website at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
14.Disclaimer of Warranties;Limitationof Liability
5TH VITAL WEBSITE AND THE SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE 5TH VITAL WEBSITE AND THE SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER 5TH VITAL NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5TH VITAL IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE 5TH VITAL WEBSITE AND THE SERVICES AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE 5TH VITAL WEBSITE, 5TH VITAL WEBSITE -RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE 5TH VITAL WEBSITE AND/OR THOSE SERVICES.
15.Limitation of Liability:
5th Vital’s liability for any of its or associate’s direct or indirect or consequential acts/ omissions/ commissions be restricted to the Maximum extent of INR 1000/- and nothing further.
Usage of the website is for your limited personal purpose and is not transferable or assignable. However 5th Vital reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all of the assets of 5th Vital.
18.Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of India.
You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of Bangalore and you hereby accede to and accept the jurisdiction of such courts.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.