Terms and Conditions

Statement	Crisil Report
Agilus is India’s Largest Diagnostic Company in terms of number of laboratories	As of FY23, Agilus Diagnostics, with a total network of 413 labs, is the largest diagnostics player in India in terms of number of labs
Agilus is present in 30+ states and Union Territories.	A table depicting the same across the players is included in the report as a part of operational parameters
Agilus has the largest number of laboratories in India	Same as statement 1
Agilus has the largest number of NABL accredited laboratories in India	As of FY23, Agilus Diagnostics had 43 NABL-accredited labs, the largest network of NABL accredited labs in India
Agilus was the first lab in India to get an NABL accreditation	a. Agilus Diagnostics Limited was first diagnostic player in India to receive accreditation for its labs from the National Accreditation Board for Testing and Calibration Laboratories (NABL) in 1999, among the diagnostic players considered above b. Agilus Diagnostics was first Indian national diagnostic chain to receive accreditation (in 2002) from the College of American Pathologists (CAP) for its laboratory in Mumbai c. Agilus Diagnostics Limited’s clinical research laboratory in Mumbai was the first in India to have received accreditations from NABL and CAP in 1999 and 2002, respectively among the national diagnostics players mentioned above
Agilus was the first lab in India to get a CAP accreditation

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TERMS AND CONDITIONS

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

GENERAL

The domain name https://agilusdiagnostics.com/ including the Client/Patient/Customer Portal at agilusdiagnostics.in (hereinafter referred to as “Website”), the mobile application ‘Agilus Diagnostic Application’ (hereinafter referred to as “App”) and the services, (if any) provided by Agilus Diagnostics on other third party digital platforms including but not limited to WhatsApp (hereinafter referred to as “Digital Platforms”) are owned and / or operated by Agilus Diagnostics Limited (hereinafter referred to as “Agilus Diagnostics”/ “Company”) having its registered office at Fortis Hospital, Sector 62, Phase – Viii Mohali – 160062 (Punjab), India and corporate office at 306, Tower – A, Unitech Cyber Park, Sector 39, Gurugram – 122002 (Haryana), India (CIN U74899PB1995PLC045956) including its subsidiaries i.e. Agilus Pathlabs Private limited, Agilus Pathlabs Reach Limited and DDRC Agilus Pathlabs Limited.
If you use the Website/App or any of the products, services and other content available from, in, on or through the Website/App and/or any services (if any) provided by the Company on Digital Platforms (“Services”, as more specifically defined hereinafter), you agree to all of these terms and conditions set out below (“Terms of Use”).
Your use of the Website/App and the Services is an acknowledgment that you have reviewed the Terms of Use and agree to comply with the same and be legally bound thereby. By downloading and installing the App or by simply visiting the Website, you acknowledge that you have reviewed the Terms of Use and agree to comply with the same and be legally bound thereby.

The Terms of Use govern your access to and use of the Website / App and the Services. If you do not agree to the Terms of Use, you must refrain from using the Website / App and the Services.

AGREEMENT

Before you decide to access the Website / App or avail the Services therefrom, please carefully go through these Terms of Use and the privacy policy available at https://agilusdiagnostics.com/privacy-policy (“Privacy Policy”). These Terms of Use and the Privacy Policy constitute a legally binding agreement between you / User and Company and each affiliate/subsidiary of Company (“us”, “we” or “our” as contextually appropriate) in connection with your use of the Website / App and the Services.
By visiting, viewing or otherwise using the Website and / or App and the Services thereunder, you / User are, thereby, deemed to represent and warrant that you have read and understood, and agreed to be bound by, including without limitation these Terms of Use, Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India, for the purposes of accessing, browsing or transacting on the Website and / or App, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
Your agreement to these Terms of Use is an agreement with us and governs your use of the Website/App and all of the Services (“Agreement”). This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Irrespective of the use of the Website and / or the App from any medium or device, including mobile, smart phone or tablet, the User is bound by this Agreement. This Agreement defines the terms and conditions under which you are allowed to use the Website and the App and describes the manner in which the Company shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

MODIFICATION OF AGREEMENT

3.1 The Company reserves the right to amend, modify (from time to time) or terminate any portion of the Agreement for any reason and at any time without further notice to you. Any such amendment or modification shall be effective once the Company post a revised version of the Agreement on the Website / App. It is your responsibility to review this Agreement periodically. Your use of the Website and / or the App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and / or to specific areas of the Website or the App or to particular Service are also considered as part of the Agreement.

APPLICABILITY OF TERMS

4.1 For the purpose of these Terms of Use, wherever the context so requires the term ‘You’ / ‘User’ / ‘End User’ shall mean any natural or legal person (including a patient, his / her representatives or affiliates) who has downloaded and installed App or simply visited the Website by entering the domain name in any internet browser irrespective of whether any registration data has been provided to the Company or not. Any services provided by the Website / App which do not require registration do not absolve you of the contractual relationship established by this Agreement. The User acknowledges that these Terms of Use are in electronic form and has the same force and effect as an agreement in writing.
‘Agilus Care Test/Packages’ means the exclusive and customized health diagnostic packages being offered by the Company, under its lab/pathology manual of services and any such other packages which the Company may introduce from time to time through its Website/App.

REGISTRATION

5.1 In order to use certain features / Services (defined below) of the Website / App, you have to create and register an account (the “Account”) on the Website / App by providing certain information (which will form part of the User Provided Information as defined in the Privacy Policy) including name, email address, password, mobile number gender, age, phone number, billing / shipping address, hospital , doctor and other details.
5.2 Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
5.3 The Company will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify the Company.
5.4 It is your responsibility to keep your email address up-to-date on your account setup at so that the Company can communicate with you electronically.
5.5 By creating the Account, you agree to receive communications from the Company via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify the Company by email.

SERVICES

6.1 The Company offers diagnostic and healthcare services to Users, including but not limited to collection of samples, conducting tests and generating test reports (“Services”) through the Website/App, Third-party websites/applications modes.
6.2 Your transactions with the Company through any of the following modes shall be governed by this Agreement.
1. Website/App:The Website/App is a platform that facilitates the online requisition by the User for Services offered by the Company. If you have not completed the registration as per clause 5, you are entitled to view the snapshots of various Agilus Care Tests/Packages. If You have completed the registration as per clause 5, on the payment of Fee, you are entitled:
  to view the snapshots of various Agilus Care Tests/Packages or other offers being offered on the Website/App;
  to book/order one or more Agilus Care Tests/Packages or other offers;
  to opt for Home Service (if available at that period of time) wherein the Company shall send its representatives to your door step for the sample collection or you may visit the nearest center (at which the service is currently available) of the Company to give the sample. However, you shall have to visit the designated test centers/laboratories if the Company requires you to do so;
  to receive email/sms/phone calls/letters which shall provide you with the service order ID, Agilus Care Test/Package details and the other details;
  to receive the test reports within the suggested time.
2. Third-party websites/applications: The Company may use the services of third-party Digital Platforms. The Company shall not be liable for delayed intimation of orders, non-performance or breach of contract by such third-party websites. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such third-party websites. The Company, on receipt of a complete order from such third-party websites shall send its representatives to the given address for sample collection and shall conduct the tests and generate reports as per these Terms of Use.
3. Telle-calling: You may choose to avail Services offered by the Company by reaching out to the Company’s customer relationship management team. On receiving your order, the Company shall send its representatives to your given address for sample collection or you may visit the nearest center (at which the service is currently available) of the Company to give the samples.
  The Services are non-transferable i.e. only the person on whose name the Agilus Care Test/Package is assigned at the time of booking will be eligible to avail the Services at the lab or through home collection.
  You are solely responsible for the medical, health, and personal information provided to the Company.
  Users are required to carry a photo-identification card, a copy of the invoice and service order ID or the transaction number at the time of visit to a lab or when availing home collection service.
6.3 You are advised to go through the list of instructions/guidelines that is provided by the Company on its Website/App detailing the dos and don'ts before taking the various tests.
In the event the Company’s representative does not reach your premises for sample collection in the chosen time slot, you shall electronically notify Company using the appropriate Company’s Website/App features or though tele-calling immediately.
The Company may put further terms and conditions with every test or package and in case of any conflict with the Terms of Use or Privacy Policy, the term and conditions put specifically with the test/package shall prevail.
You agree that there might be technological/logistic/unforeseen circumstances that might lead to delay or cancellation of home collection for which appropriate resolution either as rescheduling/ refund shall be provided.
6.4 The Company uses industry standard technology for conducting tests to ensure accuracy of reports and timely delivery of reports. However, in the event of any technical, operation, logistic, unforeseen issues, there may be delay or inaccuracy in reporting or inability of the Company to issue the report. In such circumstance, the Company shall provide appropriate resolution either as re-testing or refund. In the event you have booked a package of tests, the re-testing or refund shall be applicable only for the tests wherein the report has not been issued. The Company retains the sole discretion to determine the cost of the individual tests.
The Company shall make best efforts to provide/issue the test report/s to the User if so opted for by him/her as per Turn Around Time of specific test/s, unless it is required otherwise. The User must allow the minimum time required for processing as specified for the test. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made in the course of the day, and the Customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but the Company will not be held liable if the delivery does not take place on that day. If the customer has made partial payment against the desired services to be availed, in such circumstances, the company may not be able to release the test reports due administrative/technical reasons. WE DO NOT DELIVER ON SUNDAYS AND PUBLIC HOLIDAYS IN INDIA. The Customer/s may also collect the reports by hand during working hours on the date mentioned on the receipt from the designated collection center/branch of the Company. The test reports may also be displayed on the Website/App within the prescribed period and you may track the same by entering your service order ID.
6.5 The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.

PRICING INFORMATION AND PAYMENT

7.1 The Company shall thrive to provide the Customer with facilities/gateways to pay the price/fees for the Services (herein referred as “Fee”) through credit cards, debit cards, cash cards and internet banking.
7.2 It is understood and agreed by the User that the Services shall only commence after realization of money in the accounts of the Company incase online payment is being opted for by them.
7.3 It is understood and agreed by the User that payment mechanisms may be governed by separate/additional terms of use prescribed by the Company and/or the banks/payment gateways/payment aggregators or such other third parties facilitating payment mechanism. In order to process the payments for your service orders, the Company might require details of your bank account, credit card number, etc. The online fee payments made by you are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. The User acknowledges that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
7.4 The Company reserves the right to modify the fee structure by providing on the Website/App which shall be considered as valid and agreed communication.
The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.
7.5 The Company 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 has been confirmed and/or payment been levied via credit card.
7.6 In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7 to 10 working days and duly notified to you by email. 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.
7.7 It is understood and agreed by the User/Customer that in no event whatsoever, the Company shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fees shall be the sole responsibility of the User/Customer.
7.8 Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
7.9 Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
7.10 Refund and cancellation of orders shall be subject to Agilus Diagnostic’s Refund/Cancellation Policy available at https://agilusdiagnostics.com/refund-and-cancellation. The Refund / Cancellation Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

APPLICABLE LAWS

8.1 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).
4. The Digital Personal Data Protection Act, 2023 and the Rules framed thereunder (“DPDP Act and Rules thereof”)

PRIVACY POLICY

9.1 By using the Website / App and the Services thereunder, you give your consent to the collection, storage, sharing and use of certain information about you, as specified in the Privacy Policy (User Information) available at https://agilusdiagnostics.com/privacy-policy . Subject to the Privacy Policy, it is deemed that you have consented to receiving calls and communications from the Company or through service providers registered / associated with the Company vis-à-vis Franchisee Channel at any time at your registered mobile number or email. The Privacy Policy sets out:

The type of information collected from the Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom such information will be disclosed; and
How the information collected is going to be protected?
How your concerns or complaints concerning data protection / breach shall be resolved / addressed?

You are expected to read and understand the Privacy Policy available at https://agilusdiagnostics.com/privacy-policy so as to ensure that you have the knowledge of:
1. the fact that certain information is being collected by the Company;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the various rights available to you in respect of such information.

CONDITIONS OF USE

10.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website / App in any manner. By registering, visiting and using the Website / App or accepting this Agreement, 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 Website / App and the Services available through the Website / App, and agree to and abide by this Agreement. In cases, where a minor below the age of 18 years of age, wants to use the Website / App, such an End-User shall duly register herself / himself through the permission of her / his parent / legal guardian and such a parent / guardian hereby agrees to accordingly register and supervise the usage by, and be responsible for the action of any such minors who use the Website / App. ]
10.2 The parent / legal guardian shall enter into this Agreement on behalf of such minor, and bind herself / himself in accordance with all terms and conditions herein. The parent / legal guardian also consents to the User Information being taken of such minor as specified in the Privacy Policy. To fully avail the Services of the Website / App, you must download it from the Google Playstore App or an Apple App Store and verify your phone number.
10.3 Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as per the SPDI Rules/ DPDP Act or as required hereunder, you are not eligible to register for, use or avail the services available on the Website / App.
10.4 Your use of the Website / App is under a license from us. Your license to use the Website / App is personal, revocable, non-assignable and non-exclusive. You, therefore may not use the Website / App for any commercial purpose.
The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for each mobile / tablet you use to access the Website / App, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The Company will not be liable for your failure to update or use the Website / App in the appropriate manner. In the event you provide any false or inaccurate details or the Company has reasonable grounds to believe that the information provided by you is false, the Company reserves the right to suspend your Account and / or discontinue the Services to you at its sole discretion. The Company does not accept any liability for the loss or damage sustained by you as a result of such false information provided by you.
10.5 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website/App.

THIRD PARTY SOFTWARE UPDATE

Our Website / App runs on specific versions of third party operating systems and browser software for your computer or Smart Device (Platform Software). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Website / App. If you update Platform Software prior to our making available an appropriate update to the Website / App, it is possible that you may no longer be able to use the Website / App, or the Website / App may not properly function.

END-USER ACCOUNT

12.1 In connection with your use of the Services, you will be required to create and register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
12.2 In case you wish to subscribe to any plans/services, if any offered by third parties on the Website/App, then you may be required to use your registered Account to share further information for authentication. After receiving your information, the same will be shared with third parties who will carry out their independent authentication of the information shared by you. During such process of authentication, the representatives of the third parties shall be free to contact you via phone or email.
12.3 You are responsible to share correct and accurate information with the Company for registration and maintenance of the User’s Account. You will also be responsible to inform the Company of any change to the any user information. A failure in doing so may lead to the Company (or third parties) being unable to provide it Services to you, in which case the Company shall not be liable or responsible for any loss, harm or injury.
12.4 You are responsible for maintaining the confidentiality of your Account access information and username and password, if you are registered on the Website / App. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account, however, you may be liable for the losses of the Company or others due to such unauthorized use.
12.5 The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.
12.6 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
12.6 It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and / or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.
12.7 If you logout of your Account, the Company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.

USE OF INFORMATION

13.1 The Company may by its Services and as per the Privacy Policy, collect anonymous data of your usage and information relating to the devices through which you access the Website / App. The collected information will be aggregated in a non-personally identifiable form and will be used only for improving the quality of the Company's services, market research, to build new services and to customize the advertising and content you see by providing the non-personally identifiable data to third-party advertisers, as more particularly set out in the Privacy Policy.
13.2 The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.
13.3 It is clarified that in case the User subscribes to any third party services/plans offered by the Company, the Company will share the information of the User with third parties. The User confirms that he / she does not have any objection to the same.
13.4 As part of the Services provided by us; we may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website/App.
The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.
13.5 The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website/App or a part thereof in a manner it may deem fit, and (ii) change the content of the advertising policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the advertising policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.

TERMS APPLICABLE TO END-USER'S ACCOUNT

14.1 The Account is provided on a ‘best-efforts as-is basis’. While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.The Company uses industry level security and encryption to your Account. However, the Company cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to the Company at connect@agilus.in (C/o Customer Relationship Manager).

NO DOCTOR PATIENT RELATIONSHIP; SERVICES NOT FOR EMERGENCY USE

15.1 Your use of the Website/App and the Services, is at your discretion. The Company provides the Services for informational purposes only. The Services do not contain or constitute, and should in any manner not be interpreted as, diagnosis, treatment, or medical or health care advice, recommendation or opinion. The Company does not provide diagnosis, treatment or medical services or render medical advice. The Services provided through Website / App are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition including. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company.
15.2 In no circumstances should the Website/App and Services be relied upon without consideration and confirmation by a qualified medical practitioner after having regard to, among other things, independent professional judgement as well as your or the particular patient’s condition and medical history.
15.3 While we endeavour to ensure that the information contained in the Website/App and Services is up-to-date, accurate and complete, we make no representations or warranties that the information contained in the Website/App and Services will at all times be up-to-date, accurate, complete, comprehensive or useful for the purpose for which it is obtained.
15.4 The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital.
15.5 Without limiting the generality of the above, health tips, if any provided to the End-User on his / her use of the Website / App do not constitute medical advice or opinion.

THIRD PARTY SERVICES

16.1 In order to use Third-Party Services i.e., services offered by franchisee Channel on the Website / App, you may be required to enter into additional terms and conditions with Third-Party Service Providers. If you do not understand or do not agree to be bound by those additional terms and conditions, you may not use the related Third-Party Services. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. In the event that you choose to avail any such Third-Party Services, you will be absolutely and solely responsible for your interactions with such Third-Party Service Providers and the Company shall not be liable for any shortcomings or deficiency of service by such Third-Party Service Providers. If you select and allow a particular Third-Party Service Provider to access your User Information, the Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Website / App or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability, quality of any Third-Party Services.
Provided that nothing in these Terms of Use will be construed as enhancing the scope of the Services, the liabilities or the obligations of the Company. It is clarified that Third Party Services do not form part of the products/Services of the Company. Therefore, requests for refund; return or cancellation with respect to such Third party products and services shall lie directly with such third parties and not with the Company. With respect to Third party Services, the Company is only an intermediary connecting the End-User with the Franchisee Channel (if any) and therefore not liable to entertain refund, cancel or return request for such products and services.

CONTENT

17.1 WEBSITE / APP CONTENT
(i) All content and other materials available through the Website / App and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Website / App solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website / App including but not limited to the, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website / App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
(ii) Copying of the copyrighted content published by the Company on the Website / App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
(iii) The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.
17.2         USER GENERATED CONTENT
(i)        The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.
(ii)       As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
17.3         WEBSITE / APP CONTENT
a.         belongs to another person and to which the End-User does not have any right to;
b.         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;
c.         harm minors in any way;
d.         infringes any patent, trademark, copyright or other proprietary rights;
e.         violates any law for the time being in force within or outside India;
f.         deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g.         impersonate another person;
h.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i.         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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

In addition to the above, End-User are also prohibited from:
a.         violating or attempting to violate the integrity or security of the Website / App or any of the Company Content;
b.         intentionally submitting on the Website / App any incomplete, false or inaccurate information;
c.         using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website / App;
d.         attempting to decipher, decompile, disassemble or reverse engineer any part of the Website / App;
e.         copying or duplicating in any manner any of the Company Content or other information available from the Website / App; and
f.         framing or hot linking or deep linking any the Company Content.
g.         Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means.
17.4 The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the Website / App is being used by the End-User to commit any unlawful act and / or is being used in violation of the terms herein, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. Under such circumstances, Company and/or the Website/App reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website/App and/or terminating the membership of such violators and/or blocking their use of the Website/App and/or Service. The Company shall also be entitled to investigate occurrences which may involve such violations and may and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users/customers who are involved in such violations.
17.5 The Company may disclose or transfer End-User-generated content to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the End-User-generated content, should it be found to be illegal by a competent governmental authority.

THIRD PARTY WEBSITES

The Website / App may be linked to the website of third parties, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. In the event if any contents of such third-party websites, infringes any intellectual property of any person, such third party shall alone be liable and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.

DISCLAIMERS

19.1 WEBSITE / APP CONTENT
THE SERVICES PROVIDED BY THE COMPANY OR ANY OF ITS THIRD PARTY SERVICE PROVIDERS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). THE COMPANY DOES NOT PROVIDE OR MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED ABOUT THE WEBSITE / APP OR THE SERVICES. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED BY END-USER ON THE WEBSITE / APP. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (A) THE WEBSITE / APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE / APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE / APP OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (C) THE QUALITY OF THE WEBSITE / APP OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS OR DEFECTS IN THE WEBSITE / APP OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE WEBSITE / APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. THE COMPANY SHALL HAVE NO LIABILITY TO THE USER FOR ANY INTERRUPTION OR DELAY, TO ACCESS THE WEBSITE / APP IRRESPECTIVE OF THE CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF THE END-USER'S USE OR RELIANCE UPON THE WEBSITE / APP, THE SERVICES, REPRESENTATIONS AND WARRANTIES MADE BY OTHER END-USERS, THE CONTENT OR INFORMATION PROVIDED BY THE END-USERS ON THE WEBSITE / APP, OR ANY OPINION OR SUGGESTION GIVEN OR EXPRESSED BY THE COMPANY.
19.2         WEBSITE / APP YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
(i)     YOU AGREE THAT YOUR USE OF THE WEBSITE / APP AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD THE COMPANY OR ITS THIRD-PARTY SERVICE PROVIDERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR USE OF THE WEBSITE / APP, INCLUDING AND WITHOUT LIMITATION TO ANY LOSS, DAMAGE OR INJURY TO ANY OF YOUR DEVICES OR DATA.
(ii)   THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES, LOSS OR INJURY TO, OR BUGS, ERRORS, VIRUSES OR OTHER LIMITATIONS AND PROBLEMS THAT MAY INFECT END-USER'S EQUIPMENT ON ACCOUNT OF END-USER'S ACCESS TO, USE OF, OR BROWSING THE WEBSITE / APP OR THE DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE / APP. IF AN END-USER IS DISSATISFIED WITH THE WEBSITE / APP, END-USER'S SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE / APP.
(iii) YOU HEREBY ACKNOWLEDGE THAT A SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. THE COMPANY ENDEAVOURS TO HAVE A BACKUP SERVER BUT IS NOT LIABLE IN ANY MANNER FOR THE LOSS OF DATA AS A RESULT OF THE SERVER FAILURE AND URGES END-USERS TO BACK UP THE DATA RELATED TO THEIR ACCOUNT.
19.3         WEBSITE / APP LIMITATION OF LIABILITY
(i)           In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Website / App, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
a.    provision of or failure to provide all or any listed on the Website / App;
b.    any content posted, transmitted, exchanged or received by or on behalf of any End-User or other person on or through the Website / App;
c.    any unauthorized access to or alteration of your transmissions or data;
d.    any other matter relating to the Website / App or the Service; or
e.    any losses, damage, injuries or expenses incurred by the End-Users as a result of any disclosures made by the Company, where the End-User has consented to the making of disclosures by the Company. If the End-User had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the End-User for any loss, damage, injury or expense incurred by the End-User as a result of any disclosures made by the Company prior to its actual receipt of such revocation.
(ii)          In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User's use of the Website / App or the Services exceed, in the aggregate the money charged from you for any specific voucher or Service, under which the unlikely liability arises.
(iii)         NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE/APP; (D) ANY CAUSE BEYOND THE COMPANY'S REASONABLE CONTROL.

MISCELLANEOUS

20.1 You acknowledge that access to the Website / App will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
20.2 You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-Users actions or failures to act.
20.3 The Company is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.
20.4 The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service (“Force Majeure”).
20.5 Company's rights under the Terms of Use are freely transferable by Company to any third parties without the requirement of seeking User’s consent.

TERMINATION

21.1         The Company reserves the right to suspend or terminate an End-User's access to the Website / App and the Services, at its sole discretion, with or without notice to such End-Users and upon such termination, the End-User’s right to use the Website / App and the Services therein immediately ceases. The End-User agrees that the Company shall not be liable for such termination. Without prejudice to any other rights available to the Company under the Agreement or applicable law, the Company reserves the right to exercise any other remedy available under law, in the following cases:
a.    End-User breaches any terms and conditions of this Agreement;
b.    A third party reports violation of any of its right as a result of the End-User's use of the Services;
c.    End-User provides fraudulent, inaccurate, or incomplete information to the Website / App;
d.    the Company is unable to verify or authenticate any information provide to the Company by an End-User;
e.    the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End-User; or
f.    the Company believes in its sole discretion that End-User's actions may cause legal liability for the End-User, other End-Users or for the Company or are contrary to the interests of the Website / App.
21.2 Once temporarily suspended, indefinitely suspended or terminated, the End-User may not continue to use the Website / App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such End-User shall no longer have access to data, messages, files and other material kept on the Website / App by such End-User.

INDEMNITY

22.1 End-User agrees to indemnify and hold harmless the Company, its affiliates, officers directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and / or costs (including reasonable attorney fees and costs) arising from the End-User's access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.

APPLICABLE LAW AND DISPUTE SETTLEMENT

23.1 You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.
23.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website / App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
23.3 Subject to the above, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website / App or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

24.1 If an End-User has any questions concerning the Company, the Website / App, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address connect@agilus.in].
24.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website / App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Mr. Gopakumar Panicker, Designation: Manager-Information Security, Email:gopakumar.panicker@agilus.in
24.3 In the event you suffer as a result of access or usage of the Website / App by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011 and/or provisions of the DPDP Act/Rules thereunder, please address your grievance to the above person.

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