Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 (“IT ACT”), as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the Applicable Laws, including the Consumer Protection (E-Commerce) Rules, 2020, that require publishing the rules and regulations, Privacy Policy and terms and conditions for access or usage of the website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to Redpath Diagnostics hosted on www.redpathdiagnostics.com (hereinafter referred to as the “Website”) and/or on a mobile application platform or any other digital platform developed or sourced by Redpath Precision Diagnostics Private Limited Private Limited (hereinafter collectively referred to as the “Platform”).
The content of this Platform pertains to Redpath Diagnostics and is the property of Redpath Precision Diagnostics Private Limited Private Limited having its registered office at 1, Sector 16D, Sector 16, Chandigarh, , India – 160015 operating under the brand name Redpath Diagnostics (hereinafter referred to as “Redpath Diagnostics/the Company”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its wholly owned subsidiaries, successors and permitted assigns).
By using the Platform, 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. The Terms of Use (defined hereinafter) sets out the legally binding terms with respect to your access and use of the Platform and our provision of the Services (as defined below).
Please read these Terms of Use carefully. Your access to Platform and/or use of the Service (defined hereinafter) constitutes your acceptance of all the provisions of these Terms of Use and Privacy Policy. Redpath Diagnostics reserves the right to modify these Terms of Use without any prior notice. You are advised to regularly review and access these Terms of Use. If you do not agree with any of the Terms of Use and any amendments thereto, you must not access the Platform and/or use the Services offered by Redpath Diagnostics.
Redpath Diagnostics reserves the right to change or modify these Terms of Use or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform .Your continued use of the Platform will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Platform. By accessing, registering or using the Services you agree to be legally bound by these Terms of Use/agreement and consent to our usage of information as outlined in our Privacy Policy.
General Terms
Your access or use of the Platform, transaction on the Platform and use of Services (as defined herein below) hosted or managed remotely through the Platform, are governed by the following terms and conditions together with any additional Service specific terms and conditions, other policies which may be applicable and/or available on our Platform and any disclaimers which may be present on the Platform including the applicable policies which are incorporated herein by way of reference are jointly referred to as “Terms of Use” and constitute the terms of your access and use of the Platform and the Services. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Redpath Precision Diagnostics Private Limited Private Limited (Redpath Diagnostics) on the other Part. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and Redpath Diagnostics.
Your use of our Services is subject to your compliance with these Terms of Use. These Terms of Use apply to all visits to the Platform and all other applications operating under the brand name “Redpath Diagnostics” by Redpath Precision Diagnostics Private Limited Private Limited, 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, as detailed on the Platform.
Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the Platform is not transferable. Redpath Diagnostics may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
Redpath Diagnostics reserves the right to activate or deactivate any offers and promotions on the service provided at any time. You agree that we may send you text notifications and marketing offers. You acknowledge that consent is not a condition for any purchase.
Eligibility
By using the Platform and/or availing the Services, You represent and warrant that You have the right, authority, and capacity to agree with the policies of Redpath Diagnostics, in respect of the Services being offered and to abide by all of the conditions set forth herein.
· You are responsible for all the transactions you make under your name or account.
· You are 18 years of age or over and have the legal rights to agree with the form of the binding contract in your jurisdiction.
· You signify and warrant to the Company that you will use the Services in a manner dependable with all the pertinent rules and regulations.
Services
1. 1) The use of this Platform entitles You, to avail certain services as provided in the following clauses and interpretation of the term 'Services' shall be done accordingly depending upon the context.
2. 2) The following services are offered by Redpath Diagnostics through its Platform:
a) Health investigations/test services at home (sample collection from Your doorstep).
b) Health investigations/diagnosis/scans services from test centres/laboratories.
c) Doctor consultation
d) Dietician consultation
e) Sale of supplements
f) Any other services/goods that may be offered by the Company through its Platform
(all collectively hereinafter referred to as the “Services”)
3. 3) The Company reserves the right to change the nature or price payable in connection with Services at its sole discretion. Such change may be notified by publishing the same on the Platform.
Diagnostic Services
1. 1) You can avail the diagnostic facility offered by Redpath Diagnostics as follows:
i) Health investigations/test services at home (sample collection from Your doorstep).
ii) You can opt for at home service wherein Redpath Diagnostics shall send its well trained phlebotomists to your door step for the sample collection or in alternate You can visit the nearest centre (at which the said Service is currently available) of the Company to give the sample. However, there are certain investigations/diagnosis/scans, for which You shall have to visit the designated test centres/ laboratories, as determined by the Company;
iii) You shall receive communication through email/SMS/phone calls/Whatsapp wherein we shall provide You with the Order ID, the E-Health Package’s details and the other relevant details;
iv) You shall receive Your test reports within the prescribed time.
2. 2) The Services are non-transferable i.e. only the person on whose name the E-Health Package is assigned at the time of booking will be eligible to avail such Services at the lab or through home collection.
3. 3) You are advised to go through and abide by the list of instructions/guidelines that is provided by Redpath Diagnostics on its Platform detailing the dos and don'ts before taking the various tests.
4. 4) The diagnosis reports should be corroborated with doctors advice and the same should not to be solely relied upon.
Sample collection and Report Generation at Redpath Diagnostics
Sample collection is scheduled on the booking date of tests. You can also reschedule the sample collection as per the available time and slot.
You may experience delay in a scheduled sample collection due to factors beyond the reasonable control of Redpath Diagnostics including but not limited to any act of god and any other cause(s) beyond the control of Redpath Diagnostics such as fires, floods, strikes, lockouts, lockdown, curfews, riots or civil commotion, epidemics, pandemics, COVID-restrictions, war, change in the legal/regulatory regime and acts of government, technical failure, political rallies, VIP movements, weather conditions etc. Any delay or cancellation will be timely informed to you by Redpath Diagnostics. Kindly keep a check on messages, WhatsApp and emails regularly for recent updates.
Post sample collection, reports are usually generated as per the timeline as communicated to You at the time of booking, however some tests may have longer turnaround time and the same shall be informed to You at the time of sample booking / collection. In exceptional cases due to unforeseen circumstances, there are chances that You may experience delay in release of test results. You hereby agree to bear the delay that You may have to experience. As such, the diagnostic Services should not be availed by You in case of emergency.
The Turn Around Time of each test mentioned on the website/app shall be subject to complete payment by You to Redpath Diagnostics for the tests availed. For clarification, the sample shall only be processed by Redpath Diagnostics upon receipt of the complete payment of the tests availed and any delay due to failure or delay to make the complete payment by You shall be solely attributable to You and Redpath Diagnostics shall not be liable for the same.
CONSUMABLES AND TRANSPORATION CHARGES (C&T Charges):-
1. 1) Any discount coupons shall not be applied on C&T Charges.
2. 2) In case of complete booking being rescheduled, C&T Charges shall not be applicable again if already paid by You
3. 3) In case the booking being partially rescheduled, in such cases transportation Charges shall be applicable again.
4. 4) In case of resample booking being created due to rejection/SNR, in such cases the C&T charges shall not be levied again. In case a new customer is added, then additional charges for Consumables shall be applicable.
5. 5) In case where phlebo creates a new booking while at customer’s location, complete C&T charges shall be charged.
6. 6) In cases of add-on in already existing booking for the same customer, only consumable charges shall be added.
7. 7) In case of partial cancellation only consumable charge for the cancelled test shall be deducted.
8. 8) Refunds shall also include C&T charges.
9. 9) C&T charges are not applicable on Radiology Bookings, Vdoc Consultations, Diet Consultations, Surgery and Herbved.
10. 10) For FOC bookings, C&T charges shall not be applicable.
11. 11) Redpath Diagnostics shall at its own discretion remove C&T charges in case of special requests/issues/exigencies.
OTHER SERVICES
Radiology
1. 1) You can book the radiology services offered by Redpath Diagnostics through the website or through the Application of Redpath Diagnostics. Redpath Diagnostics provides radiology services through its partnered radiology labs.
a) The customer shall book any of the radiology tests offered by Redpath Diagnostics through its website or application.
b) The customer shall have the option to choose the desired centre and time slot from the options available to them on the Redpath Diagnostics platform.
c) Once the test is booked the customer shall be given confirmation by Redpath Diagnostics and the customer shall visit the centre at the chosen time slot.
d) The partnered lab shall issue the report to the customer for the tests availed by them.
e) When You opt for radiology tests, you give your express consent for availing the radiology services through Redpath Diagnostics partnered labs and expressly grant your consent for sharing your Personal Data with the concerned partnered lab.
f) You hereby expressly agree that in case of any complaint/issue in the report issued by the partnered lab of Redpath Diagnostics, the claim so raised shall be raised with the partnered lab and Redpath Diagnostics shall bear no liability in this regard.
Dietician Consultation
1. 1) You can avail the dietician consultation offered by Redpath Diagnostics as follows:
i) You can book one to one consultation with the dietician.
ii) When You opt for dietician consultation, you give your express consent for availing consultation by dietician through digital/online/telephonic means and expressly grant your consent for sharing your Personal Data with the dietician, including your medical diagnosis reports.
iii) You shall receive communication through email/SMS/phone calls/Whats app wherein we shall provide You with the appointment and other relevant details.
iv) You shall be accordingly be connected with the dietician who shall render advice as per information you share with them.
2. 2) The Services are non-transferable i.e. only the person on whose name the appointment is booked at the time of booking will be eligible to avail such Services.
3. 3) The dietician’s advice should be corroborated with doctors advice and the same should not to be solely relied upon.
Supplement Sale
1. 1) You can purchase various herbal supplement products offered by Redpath Diagnostics as follows:
i) You can buy the products from the Platform.
ii) By placing an order for the products through the Platform, you agree to the terms and conditions set forth in these Terms of Use.
iii) You shall receive communication through email/SMS/phone calls/Whats app wherein we shall provide You with the Order ID, the delivery details and the other relevant details with regard to Your purchase;
iv) You shall receive Your product within the prescribed time as communicated to you.
2. 2) The herbal supplements purchased from our Platform are non-returnable.
3. 3) The delivery of our products is carried out through third party courier agencies. Kindly refer to their terms and conditions
4. 4) The products described on the Platform, that Redpath Diagnostics may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any product to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.
5. 5) The herbal supplement should be taken on doctor’s advice and in case of any difficulty being faced after consumption of the herbal supplement, kindly consult a doctor immediately.
Payment
· Redpath Diagnostics shall endeavour to provide You with facilities/gateways to pay the fee in consideration of the Services (“Fee”) on the Platform through credit cards (American Express, Visa and Mastercard), debit cards, cash cards, UPI and internet banking.
· You shall have to option to pay through the online modes as stated above or through Cash on Delivery “(COD)”.
· Refunds in case of COD:- In case of refund applicable for COD bookings Redpath Diagnostics shall initiate a refund link to your registered mobile number or you email, the refunds shall be initiated to your bank account after proper details required are furnished by you.
· Refunds in case of COD:- In case of refund applicable for COD bookings Redpath Diagnostics shall initiate a refund link to your registered mobile number or you email, the refunds shall be initiated to your bank account after proper details required are furnished by you.
· It is understood and agreed by You that the Services shall only commence after realization of money by Redpath Diagnostics in case online payment is being opted for by them.
· It is understood and agreed by You that payment mechanisms may be governed by separate/additional terms prescribed by Redpath Diagnostics.
· Redpath Diagnostics 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/booking has been confirmed and/or payment been made. In the event the payment has been processed by Redpath Diagnostics, the same shall be credited back to You in the same facility accessed by You to make the payment, within 7-14 working days, which shall be duly notified to You in writing by Redpath Diagnostics.
· 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 by Redpath Diagnostics.
· You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Platform. Further, Redpath Diagnostics reserves the right of changing the Fees upon its sole discretion without any prior notice to You.
· You understand and agree that payment mechanisms on the Platform would be routed through third party vendors who provide facilities for such payment mechanism, as such the terms of use of the same shall be governed as per the terms and conditions/terms of use of such third party vendors. You are requested to review the terms and conditions/terms of use and the privacy policy of such third party vendors. The use of the payment mechanism of such third party vendor shall be construed as Your consent to such terms and conditions and privacy policy.
· You understand and agree that in no event whatsoever, Redpath Diagnostics shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fee shall be Your sole responsibility. You agree that in case of any dispute, error or concern with regard to the payment mechanism, shall be dealt by You with such third party vendor and Redpath Diagnostics shall not have any responsibility in the same.
Personal Data
Redpath Diagnostics may collect some of Your personal information, including sensitive personal data or information for the purposes of providing facilitation Services including scheduling appointments, etc. This may include records of any such communications exchanged between You and Redpath Diagnostics along with the data that You recorded on the Platform which shall be collected and stored by Redpath Diagnostics or its affiliate’s servers.
Redpath Diagnostics may use Your information to provide you with the Services, important information, required notices and marketing promotions. In order to make the best use of the Platform and enable Your information to be captured accurately on the Platform. Redpath Diagnostics will, at all times, provide the option to You to not provide the personal information or sensitive personal information, which Redpath Diagnostics seek from You. Additionally, You have the right to withdraw Your consent to use such information at any time while using the Platform by sending a written request to the contact details provided below in this Terms of Use. However, if You choose to withdraw Your consent or not provide the personal information or sensitive personal information, which may be required for accessing the Platform and rendering of Services, Redpath Diagnostics reserves the right to deny further usage and access of the Platform.
Further, use of the Platform and/or the Services is also governed by our Privacy Policy.
Cancellation Policy
Redpath Diagnostics reserves the right to reschedule or cancel an appointment with prior intimation to You. The time provided for conducting the test is indicative and actual time for availing the Services may change depending on the availability of the phlebotomists. Redpath Diagnostics shall not be held responsible, in case of any rescheduling or cancellation due to circumstances beyond the reasonable control of Redpath Diagnostics including but not limited to any act of god and any other cause(s) beyond the control of Redpath Diagnostics such as fires, floods, strikes, lockouts, lockdown, curfews, riots or civil commotion, epidemics, pandemics, COVID-restrictions, war, change in the legal/regulatory regime and acts of government, technical failure, political rallies, VIP movements, weather conditions etc.
Redpath Diagnostics holds all the rights to reschedule or cancel a test booking Services with prior intimation to You in writing. The time provided for consultation or performing tests is analytical and actual time for providing such services may get modified depending on the availability of the phlebotomists or field specialists. You can also reschedule or cancel the bookings of the Services as per your convenience by the procedure as provided on the Platform.
In case of cancellation or non-confirmation of the booking by Redpath Diagnostics due to any reason, You may contact Redpath Diagnostics for rescheduling the booking within 7 (Seven) days of cancellation and if You fail to do so, then You will not be allowed to get a refund or cancellation of the Fee payment as may be made to Redpath Diagnostics.
Redpath Diagnostics shall not be responsible in any way for any hassle or loss caused to You as a result of such rescheduling or cancellation of the booking. Further Redpath Diagnostics reserves the right to reject service at any time without offering any reasons.
Retesting Policy
In all cases, any report comparisons beyond 7 (seven) days will not be considered.
In the case of Thyroid, TSH values can vary due to various factors like time of sample collection and fasting status. Only significant variations in TSH levels will be considered for retesting. Any variation in Lipid profile will not be considered.
In the case of any discrepancy of test results, our quality team shall conduct a root cause analysis for the case and if needed, a free inter lab comparison with a referral lab would be performed. In case of variation of tests beyond acceptable inter instrument variation, we will refund the entire test amount.
Refund Policy
To claim a refund, You are required to support it with related documents/ reports as per reasons thereof, which shall be subject to an approval from the quality team of Redpath Diagnostics, whose decision shall be final.
In case of cancellation of diagnostic services, You will not be entitled to any refund after 7 (seven) days from the day they make the payment of the Fee. However, in case Redpath Diagnostics gets a written request for refund within 7 (Seven) days, the total amount paid will be credited back to the mode of payment within a maximum of 30 (thirty) days from the date of cancellation as per the Refund Policy of Redpath Diagnostics.
In case of cancellation of herbal supplement product, before the delivery of the product, through appropriate means as available on the Platform and as approved by Redpath Diagnostics, a full refund shall be initiated as per the Refund policy of Redpath Diagnostics.
The confirmed amount due for refund shall be processed within 30 (thirty) working days from the date of the approval of refund, subject to all terms of use being met effectively. The payment shall be credited to You in the same facility accessed by You to make the payment. In case of payment made offline, the money will be transferred through Bank a/c IMPS, NEFT or Cheque.
No Liability of Redpath Diagnostics
Redpath Diagnostics 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. Redpath Diagnostics 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 Platform and 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.
Without limiting the foregoing, everything on the Platform and the Services are provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement. Redpath Diagnostics shall have absolutely no liability in connection with the services including without limitation, any liability for damage or injury to You or damage to Your computer hardware, data, information, and business resulting from the material or the lack of information available on the site. Without prejudice to the information provided above, Redpath Diagnostics shall also not be liable in any manner for and towards:
· Any delay/failure to record the details or confirm booking due to cellular traffic and loss of cellular connection;
· Any unauthorized access to, use, or alteration of Your transmissions or data, pursuant to Your engagement with Redpath Diagnostics;
· Any type of inconvenience suffered by You, due to a failure on part of data collected through the hyperlink;
· Any type of inconvenience suffered by You due to late show-up, rescheduling, or cancellation of confirmed appointments, differences in the fee charged, and other allied difficulties;
· Any error, omission, inaccuracy, deficiency, inadequacy, unsuitability or negligence, regardless of how caused in the delivery and performance of the healthcare services by the Company including in the delivery of the material, reports, etc.;
· Any other incident that occurred in connection with the choice made by You, based on the information available through our Services.
· Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, in procuring, compiling, or delivering the material; or
· Any decision made or action taken or not taken in reliance upon the material furnished at this Platform.
No Medical Advice
We Do Not Provide Medical Advice: The information that you obtain or receive from Redpath Diagnostics, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform 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 PLATFORM. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE 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 Platform. If you rely on any of the information provided by the Platform, You do so solely at Your own risk.
No Doctor Patient relation
No licensed medical professional/patient relationship is created by using information provided by or through the use of the Platform 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 centre or specialist in any field conducting test or doctor consultation. Redpath Diagnostics make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further Redpath Diagnostics do not in any way endorse any individual described herein. In no event shall Redpath Diagnostics be liable to You or anyone else for any decision made or action taken by You in reliance on such information. Redpath Diagnostics have no control over, and cannot guarantee the availability of any diagnostic centre at any particular time. Redpath Diagnostics 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 Platform 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.
Indemnity and Liability
1. 1) You agree and undertake that you shall, on demand, indemnify, defend and hold harmless, Redpath Diagnostics, its directors, officers, employees, representatives, agents, shareholders or affiliates (“Indemnified Parties”) from all loss, demand, claims, expense or damage incurred or anticipated to be incurred by the Indemnified Parties for any consequence arising out of
i) use of the Platform or the Services by You,
ii) any breach by You of any of the terms of the Terms of Use,
iii) any breach of applicable laws, rules, regulations or guidelines by You in the course of Your use of the Platform and/or Services.
2. 2) The Indemnified Parties shall notify You, as soon as reasonably practicable, of any circumstance that could lead to a liability. Nothing herein shall act as a waiver of claims by the Indemnified Parties should they fail to provide any notification and/or restriction against taking any steps in good faith to protect themselves against any liability or sanction that may inure upon them if not for having taken such steps.
3. 3) In no event, to the fullest extent permissible pursuant to applicable law, including but not limited to negligence, shall Redpath Diagnostics, its directors, officers, employees, representatives, agents, shareholders, affiliates or any other party involved in creating, producing, or delivering the Services (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 Platform or the content, materials and functions related thereto, the Services, the provision of information via the Platform, lost business even if such Redpath Diagnostics has been advised of the possibility of such damages. Notwithstanding the preceding sentence, in no event shall the total aggregate liability of the Redpath Diagnostics to You for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or a Your use of the Platform or the Services exceed, in the aggregate the Fee paid by You for the Services availed by You in respect of which the claim is made.
4. 4) You agree to indemnify and hold harmless Redpath Diagnostics, 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 Platform, violation of this Terms of Use, or infringement by user of any intellectual property or other right of Redpath Diagnostics or any person or entity. Redpath Diagnostics 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. The obligation to indemnify shall be effective and shall extend to all such claims or losses in their entirety. This shall further include any third party claims made against Redpath Diagnostics in respect of any infringement of the Terms of Use or claims made on account of any negligence, default or breach by You arising out of or in respect of the performance of this Terms of Use.
5. 5) Further, under no circumstances, Redpath Diagnostics shall be liable for any defamatory, offensive or illegal conduct of any user/customer. If You are dissatisfied with any of the services provided by Redpath Diagnostics, You may approach such diagnostic lab and/or discontinue using the Platform and the Services provided/listed on the Platform.
Intellectual Property Rights
1. a) The Company has adopted the following general policy towards copyright infringement.
2. b) If the Company believes in good faith any material on its Platform has been illegally copied or is posted, uploaded or made accessible through the Platform 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. c) If despite the infringement notice, the offender does not take the requisite steps, Redpath Diagnostics shall have the right to proceed against the offender by filing a suit in the appropriate court of law on ground of such infringement.
4. d) The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by Redpath Diagnostics and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
5. e) The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by Redpath Diagnostics and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
6. f) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Redpath Diagnostics owns all intellectual property rights to and into the trademark “Redpath Diagnostics”, and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
7. g) Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Redpath Diagnostics or third party owner of such Content.
Miscellaneous
Redpath Diagnostics 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.
Governing law and Dispute Resolution – Any disputes arising under this Terms of Use of the Platform or for availing Services shall be governed by the laws of India, with courts of Chandigarh, / having exclusive jurisdiction. All disputes related to this Terms of Use of the Platform or for availing Services will be subject to an independent sole arbitrator, to be mutually appointed by the Parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and Rules made thereunder, as amended. The seat of arbitration shall be at Chandigarh, / and the language of the proceedings shall be English only.
Even after termination, the terms of this Terms of Use shall survive such termination of Your profile/account including without limitation, obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Assignability - Redpath Diagnostics may allocate any of its duties/obligations to any other person without prior intimation to You, at its sole discretion. However, You shall not allocate, sub-license or otherwise transmit any of your rights under this policy to the third party, unless a written permission is taken from Redpath Diagnostics.
Severability - If any provision of these Terms of Use is found to be unlawful, the invalidity of that provision will not impact the authority of the remaining provisions of the Terms of Use, which shall remain in full force and outcome.
Waiver - Failure by Redpath Diagnostics to work on any right or remedy under these Terms of Use does not comprise a waiver of that right or remedy.
Force Majeure –Redpath Diagnostics shall be relieved of all of its obligations and responsibilities under this Terms of Use if the performance of the obligations of Redpath Diagnostics is wholly or partially prevented and/or delayed by act of god and any other cause or causes beyond the control of Redpath Diagnostics such as fires, floods, strikes, lockouts, lockdown, curfews, riots or civil commotion, epidemics, pandemics, COVID-19 restrictions, conflict, war, change in the legal/regulatory regime and acts of government, technical failure, etc. During the continuance of force majeure the obligations and responsibilities of Redpath Diagnostics shall be relieved and ceased to the extent made necessary by and during continuation of force majeure.
Grievance Redressal: Redpath Diagnostics shall attempt to deal with Your grievances or complaints to the extent possible. Towards this Redpath Diagnostics is dedicated to outline a Grievance Redressal Cell, which can be reached on the phone number as provided on the Platform or may mail to care@redpathdiagnostics.com