Terms of Use

Terms of Use (“Terms of Use”) is a legal agreement between The User (“User”/ “Customer”/“You”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and Srijiva Healthcare (OPC) Private Limited (hereinafter referred to as “We”, “Us”, “Company” or “Our”), which owns and operates diagnostic laboratories and consultation centres (“Centre”) to provide services to its customers and owner of website located at https://www.srijiva.com and any other page or sub-page which is operated by the Company (“Website”). Where the context so requires, the Centre, Website and the App shall be collectively referred to as the “Platform”.

The Company has established a Privacy Policy available at https://www.srijiva.com/privacy (“Privacy Policy”),that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is also governed by the Privacy Policy.

These terms of use, read with the privacy policy, are an electronic record under the information technology act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against you under the law by way of your acceptance hereof. The company may modify these terms of use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes, at any time, and the company will post the amended terms of use with or without any notification to you on the platform. It is your responsibility to review the terms of use for any changes and you are encouraged to check the terms of use frequently. Your use of the platform following any amendment of the terms of use will signify your assent to and acceptance of any revised terms of use. If you do not agree to abide by these or any future terms of use, please do not use or access the platform.

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1. ELIGIBILITY

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You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms. As a minor if you wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform and in such a case, these Terms and Conditions shall be deemed to be a contract between your legal guardian or parents and to the extent permissible under law enforceable against you.

 

You represent, acknowledge and agree that: (a) all registration information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your Account (defined below) may be terminated without warning if We, at Our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.

 

2. ACCEPTANCE OF TERMS

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These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, forums, chat, audio, video and file sharing services, various email functions, third party applications, blog links and internet links, and all content and services available through the Platform. These Terms of Use shall also govern all online transactions including financial transactions between the User and the Company. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.

 

In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your Account, subscription for the services at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.

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3. LICENSE TO USE

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The Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

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4. ACCOUNT

 

1. Account Creation on Website 

   You need not register with the Company to simply visit the Center or view the Website, but for availing the services of the Company and to access and participate in certain features of the Website (“Account“). To create an account, You must submit Your name, email address, age, gender, and such other details as may be requested through the Account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but shall be helpful to the Company in providing You with a more customized experience when using the Platform. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform.

    

   You will need to create a password-protected account specified above and You are solely responsible for safeguarding Your password and, if applicable, Your password on the third-party sites referenced above (collectively, “Password/s“) and You shall keep Your Passwords secure at all times. You can, and are advised to, change Your Passwords from time to time in order to keep Your Account and Your interactions secured within the Website. You may register for an Account using Your existing Facebook, Google or any other account integrated by the Company with the Website and their respective log-in credentials. You shall be solely responsible for all activity that occurs on Your Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account without the Company’s permission. You may also login from time to time or change or update Your information by receiving the one-time-password (“OTP”) on Your registered e-mail id and phone number.

    

   In the event that You forget Your Password to the Account, then You may use the “Forgot Password” tab on the login page to receive an OTP on the e-mail id and phone number used by You for registration. It will be Your sole responsibility to maintain the confidentiality and security of any OTP to avoid any misuse of Your Account. You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc. (whether direct or indirect) caused by unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use.

2. Profile 

   Upon registration and creation of the Account, each User will have access to a page which will provide the profile of such User (“Profile”), which will contain up-to-date information, including allowed personal information of the User.

    

   A User shall be entitled to delete the Profile and the information provided therein; provided that such deletion or deactivation shall be limited to such information available on the Website only and not on the servers or backend systems maintained by the Company. A User who has deleted or deactivated his Profile can activate such User’s profile by writing to the care@srijiva.com, subject to any other conditions imposed by the Company for such reactivation. User acknowledges and agrees that User shall not be allowed to delete any transaction details including but not limited to invoice, bank details, financial information or any other information which are required for compliance under the applicable law or for reconciliation by the Company, banks, payment gateways or financial institutions. User hereby expressly consents and agrees to waive any right, whether under law or contract, which may compel the Company to delete such data.

3. Account Policies Applicable to Website 

   You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

   1. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., access the Website for any purpose without the Company’s prior written approval.

   2. You shall not take any action that :

      1. Unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Website’s infrastructure.

      2. Interferes or attempts to interfere with the proper working of the Website or any third-party participation on the Website.

      3. Bypasses the Company’s measures that are used to prevent or restrict access to the Website.

   3. Framing or hotlinking or deep linking any Contents from the Website.

   4. You agree neither to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any use other than as intended under the Website and in accordance with the Privacy Policy.

   5. You shall be responsible for all activities that occur under your Account Details. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, the Company shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website(s) and refuse to provide You with access to the Account.

 

 

5. COMMUNICATIONS

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1. Communication 

• The Company, through the Website, provides for various communication channels including but not limited to User profile, Comments sections, Addresses etc. between the Users and the Company. During Your use of any communication channel on the Website, You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, images, video, sound, data, information, files or software, (“Content”) to any part of the Website, including Your Profile, or the posting of any opinions or reviews in connection with the Website, that:

1. Misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate information or feedback.

2. Provides or create links to external sites that violate the Terms of Use.

3. Is intended to harm or exploit any individual under the age of majority in any jurisdiction.

4. Is designed to solicit, or collect personally identifiable information of any individual under the age of majority in any jurisdiction, including, but not limited to, name, email address, home address, phone number, or the name of his or her educational institution.

5. Encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law including any abetment, conspiracy or collusion to commit a crime or undertake illegal monetary transactions including money laundering, corrupt practices or funding for terrorism.

6. Is pornographic, pedophilic, blasphemous, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or any other inappropriate subject matter; or is otherwise inappropriate.

7. Threatens the unity, integrity, defense, security or sovereignty of India, its 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 to any other nation.

8. Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent.

9. Contains falsehoods or misrepresentations that could damage the Company or any third party.

10. Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so.

11. Intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming, phishing, hacking or the use of trojan horses.

12. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

13. Impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another User, or any other person though any means.

14. Advertises or solicits a business not related to or appropriate for the Website (as determined by the Company in its sole discretion).

15. Contains or could be considered “junk mail”, “spam”, “chain letters’, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement.

16. Contains advertising for ‘Ponzi’ schemes, discount cards, credit counseling, online surveys or online contests.

17. Distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company or the integrity of the Website including attempts to decipher, decompile, disassemble or reverse engineer any part of the Website.

18. Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use.

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Subject to the other terms of these Terms of Use, You will be able to view or share any Content on the Website, provided that You represent and adhere to the following:

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1. If You are sharing any Content, whether on the Website or on any other third-party website which is linked to the Website, then You are either the owner of such Content or are a valid licensee with a right to share such Content.

2. If You are viewing the Content, then You have been authorized to view the Content specifically by the Company on the Website, whether by subscription to the Website or otherwise.

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