Terms & Conditions

PRIVACY STATEMENT AND TERMS OF USE

 

  1. Context
    1. What is www.mylabmytest.com?
      1. www.mylabmytest.com (the “Website“) is an internet based portal owned and operated by Ritika MapNdeal LLP, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “MapNdeal” or the “Company” or “We” or “Our” or “Us“). The Website is a platform that facilitates the conduct of various medical tests (the “Packages“) offered by the diagnostic centres (the “Services“) affiliated with the Company. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for the Services. These terms and conditions of use (“Terms of Use“) of the Website between MapNdeal and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User“) describe the terms on which MapNdeal offers You access to the Website and the Services through the Website.
      2. CUSTOMER DATA: For providing its Services, MapNdeal will host data and information. MapNdeal will not review, share, distribute, or reference any such User data except as provided in the Terms of Use, or as may be required by law. Individual records of User data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the Terms of Use, or as may be required by law. We would take all reasonable precautions for maintaining confidentiality of data.
      3. MapNdeal can be reached, for all questions and directions related to this privacy policy, by:
        1. Sending a letter marked to the attention of Customer Care, MapNdeal to Ritika MapNdeal LLP, C-43, Hargovind Enclave, Rajpur khurd, Chattarpur, New Delhi – 110068; or
        2. Sending an email to care@MapNdeal.com.
    2. Why this privacy policy?
      1. This privacy policy states the following:
        1. The type of information collected from the visitors of the Website and the Users, including sensitive personal data or information;
        2. The purpose, means and modes of usage of such information; and
        3. How and to whom MapNdeal will disclose such information.
    1. What is personal information?
      1. “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
      2. The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
        1. passwords;
        2. financial information such as bank accounts, credit and debit card details or other payment instrument details;
        3. physical, physiological and mental health condition;
        4. sexual orientation;
        5. medical records and history;
        6. biometric information;
        7. information received by body corporate under lawful contract or otherwise;
        8. visitor details as provided at the time of registration or thereafter; and
        9. call data records.
      3. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.
  1. Privacy Statements
    1. All Visitors and Users Note:
      1. This section applies to all visitors and the Users.
      2. Accordingly, a condition of each User’s use of and access to the Website and to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this privacy policy. Any User that does not agree with any provisions of the same is required to leave the Website immediately.
      3. The Users can book certain Packages by providing the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including MapNdeal, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested includes the ability to receive promotional offers from MapNdeal, is optional. MapNdeal may, in future, include other optional requests for information from the User to help MapNdeal to customize the Website to deliver personalized information to the User. Without User’s agreement, MapNdeal will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy policy.
      4. All the information provided to MapNdeal by a User, including sensitive personal information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this privacy policy and the terms of use, but please note that withdrawal of consent will not be retroactive.
      5. User can access, and request MapNdeal to modify, correct and eliminate the data about him/ her/ it which has been collected pursuant to his/her/its decision to become a User. If User requests for updates any of his/her/its information, MapNdeal may keep a copy of the information which User originally provided to MapNdeal in its archives for uses documented herein. MapNdeal takes User’s rights seriously and encourages User to use them if User deems this to be appropriate. User may exercise these rights by emailing MapNdeal at care@MapNdeal.com.
      6. MapNdeal may facilitate payment, if any, by the User with a credit card, wire transfer, debit card or cheque. MapNdeal will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. User is advised, however, that internet technology is not 100% safe and User should exercise discretion on using the same.
      7. Due to the communications standards on the Internet, when a User visits the Website, MapNdeal automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. MapNdeal also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help MapNdeal improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third-parties without such User’s permission or except when required by law. Notwithstanding the above, MapNdeal may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
      8. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MapNdeal and the diagnostic centres for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, MapNdeal may allow authorized third parties to place or recognize a unique cookie on the User’s browser. MapNdeal does not store personally identifiable information in the cookies.
      9. MapNdeal may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of Services, research and development and for User administration.
      10. MapNdeal allows other companies, to serve advertisements to the Users. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. MapNdeal may “target” some ads to User that fit a certain general profile. MapNdeal does NOT use personally identifiable information to target ads.
      11. This privacy policy applies to web sites and services that are owned and operated by MapNdeal. MapNdeal does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which MapNdeal is not responsible or liable. Accordingly, MapNdeal does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does MapNdeal guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by MapNdeal of the website, the website’s provider, or the information on the website. MapNdeal encourages the User to read the privacy policies of that website.
      12. The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. MapNdeal hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
      13. MapNdeal does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for MapNdeal to effectively render the Services).
      14. MapNdeal does not knowingly collect personal data from children.
      15. MapNdeal has implemented standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
      16. MapNdeal will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when MapNdeal, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
    2. Casual Visitors Note:
      1. No sensitive personal data or information is automatically collected by MapNdeal from any casual visitors of this website, who are merely perusing the site.
      2. Nevertheless, certain provisions of this privacy policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
      3. If you, as a casual visitor, have inadvertently browsed any other pages of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by MapNdeal. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as MapNdeal cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
      4. You are not a casual visitor if you have willingly submitted any personal data or information to MapNdeal through any means, including email, post or through any other process on the Website. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this privacy policy, and in which case, all the statements in this privacy policy apply to such persons.
    3. Users Note:
      1. As part of the application creation and submission process that is available to Users on this website, certain information, including sensitive personal data or information is collected from the Users.
      2. All the statements in this privacy policy apply to all Users, and all Users are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to MapNdeal, failing which they are required to leave this Website immediately.
      3. Users’ personally identifiable information they choose to provide on the Website is used to help the Users describe / identify themselves. Other information that does not personally identify the Users as an individual, is collected by MapNdeal from Users (such as, patterns of utilization described above) and is exclusively owned by MapNdeal. MapNdeal may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If MapNdeal wishes to use any User’s personal data for a new purpose, it will seek such User’s permission before doing so.
      4. MapNdeal will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by sending a mail to care@MapNdeal.com.
      5. At times, MapNdeal conducts a User survey to collect information about Users’ preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, MapNdeal may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that MapNdeal collects in the registration process and through surveys is used to help MapNdeal improve its Services to meet the needs and preferences of Users. This may include targeting advertising to Users about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
      6. All MapNdeal employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s sensitive personal data and information.
      7. MapNdeal may also disclose or transfer User’s personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a MapNdeal corporation division or company. Any third party to which MapNdeal transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us.
      8. To the extent necessary to provide Users with the services on the Website, MapNdeal may provide their Personal Information to third party contractors who work on behalf of or with MapNdeal to provide Users with such services, to help MapNdeal communicate with Users or to maintain the Website. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
      9. MapNdeal shall also provide the Personal Information received from the Users to diagnostic centres who process the Packages subscribed to, by the Users,
  2. Registration process
    1. As part of the registration process, MapNdeal collects the following personal information from:
      1. Name;
      2. User ID;
      3. Email address;
      4. Address (including country and ZIP/postal code);
      5. Gender;
      6. Age;
      7. Phone number;
      8. Password chosen by the User;
      9. Valid financial account information; and
      10. Other details as the User may volunteer.
    2. All the information listed in section 3.1 of this privacy policy (“User Information”) is maintained by MapNdeal in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, MapNdeal will keep all User Information confidential, and will only disclose User Information in the following manner:
      1. MapNdeal makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
      2. Part of the functionality of the Website is assisting the diagnostic centres to sell their Packages. MapNdeal may, therefore, retain and submit all such records to the appropriate authorities, or to diagnostic centres who request access to such information.
      3. Part of the functionality of the Website is assisting the Users to access information relating to various Packages. MapNdeal may, therefore, retain and submit all such records to the relevant Users.

Notwithstanding the above, MapNdeal shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of MapNdeal including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

  1. Change to privacy policy
    1. The Users acknowledge that this privacy policy is part of the Terms of Use and unconditionally agree that becoming a User of the Website and its Services signifies their assent to this privacy policy. User’s visit and any dispute over privacy is subject to this policy and terms of use. MapNdeal may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way MapNdeal treats User’s personally identifiable information, MapNdeal will display a notice on the Website or send Users an email, as provided for above. Unless stated otherwise, MapNdeal’s current privacy policy applies to all information that MapNdeal has about Users. Notwithstanding the above, MapNdeal shall not be required to notify the Users of any changes made to the privacy policy.
    2. If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.

Part B: Terms of Use of www.mylabmytest.com and the other Services provided by Ritika MapNdeal LLP on the Website

  1. What is this document?
    1. These Terms of Use, read together with the privacy policy set out in Part A above, constitute a legal and binding contract between you, the User (whether you are a visitor or a User) of the one part, and MapNdeal of the other Part (the “Agreement”) providing, among other things, the terms and conditions for use of subscription services, primarily a web based practice, with the management software hosted and managed remotely through the Website. The site www.mylabmytest.com is owned and operated by Ritika MapNdeal LLP.
    2. You must be 18 (eighteen) years of age or older to use this computer resource, or visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to MapNdeal that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
    3. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
      1. the Indian Contract Act, 1872,
      2. the (Indian) Information Technology Act, 2000, and
      3. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    4. A condition of the User’s use of and access to the Website and to the Services is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services.
    5. MapNdeal recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
    6. MapNdeal authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, conducting and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “MapNdeal Content”), are the property of MapNdeal and are protected under copyright, trademark and other laws. User shall not modify the MapNdeal Content or reproduce, display, publicly perform, distribute, or otherwise use the MapNdeal Content in any way for any public or commercial purpose or for personal gain. Multiple people are not permitted to share the same/single log-in.
  2. Services and use of Website
    1. MapNdeal provides Services through the Website it is a marketplace and facilitating the customers/ users to avail diagnostic test/ packages facilities through website. MapNdeal is not and shall not be responsible for any sample collected, tests conducted and reports generated by the labs and does not deals with any of User’s client or patient managed by User through the Website and only provides Services to User through the Website. Use of the Website may require the User to use software, user has to ensure the procurement of such software from the concerned providers. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    2. User may not access the Services if the User is MapNdeal’s direct competitor, except with MapNdeal’s prior written consent. In addition, the User may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
    3. MapNdeal will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond MapNdeal’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. MapNdeal will provide the Services only in accordance with applicable laws and government regulations.
    4. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against MapNdeal’s application programming interface, and, other limitations dependent on the User plan, for example, number of SMS, or number of users. Any such limitations are specified in the User plans. The Services provide real-time information to enable User to monitor such User’s compliance with such limitations.
    5. Notwithstanding anything to the contrary contained herein, User alone shall be liable for User’s dealings and interaction with clients or diagnostic centres contacted or managed through the Website and MapNdeal shall have no liability or responsibility in this regard. MapNdeal does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such client, diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
    6. Notwithstanding anything to the contrary contained herein, Diagnostic Centre/ Labs alone shall be liable for dealings and interaction with clients contacted or managed through the Website and MapNdeal shall have no liability or responsibility in this regard. MapNdeal does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by diagnostic centre/ labs.
    7. MapNdeal may, at its sole discretion, suspend User’s ability to use or access the Website at any time while MapNdeal investigates complaints or alleged violations of this Agreement, or for any other reason. MapNdeal has the right to edit profiles of diagnostic centres to make them more suitable for Package searches on the Website. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact MapNdeal immediately for such corrections. MapNdeal shall have no liability or responsibility in this regard.
    8. Payment, Fees and Taxes:
      1. The User agrees to pay all Package fees, consulting fees, convenience fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the Package that User purchases and not on actual usage of the Services.
      2. Each User / member is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. MapNdeal is in no way responsible for any of the taxes except for its own income tax.
      3. The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. MapNdeal is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of MapNdeal. The fees could also be paid offline and be either collected personally from the User or required to be mailed to MapNdeal at the following address: Ritika MapNdeal LLP, C-43, Hargovind Enclave, Rajpur Khurd, Chattarpur, New Delhi – 110068
      4. All fees are exclusive of applicable taxes.
      5. MapNdeal reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
      6. In order to process the payments, MapNdeal might require details of User’s bank account, credit card number etc. Please check our privacy policy part A of this document on how MapNdeal uses the confidential information provided by Users.
  3. Collection, Use, Storage and Transfer of Personal Information
    1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy.
    2. The privacy policy sets out:
      1. The type of information collected from Users, including sensitive personal data or information;
      2. The purpose, means and modes of usage of such information; and
      3. How and to whom MapNdeal will disclose such information.
    3. The User is expected to read and understand the privacy policy, so as to ensure that he or she has the knowledge of:
      1. the fact that the information is being collected;
      2. the purpose for which the information is being collected;
      3. the intended recipients of the information;
      4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
      5. the various rights available to such Users in respect of such information.
    4. MapNdeal shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MapNdeal or any other person acting on behalf of MapNdeal.
    5. The use of this computer resource involves every User’s browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy.
    6. The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MapNdeal of any actual or suspected unauthorized use of the User’s account or password.
    7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MapNdeal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MapNdeal has the right to suspend or terminate such account at its sole discretion.
    8. User do hereby authorize the MapNdeal and its officials to collect the electronic copy of the report from the Diagnostic centre/ Labs and provide the same to the users.
  4. Covenants:
    1. As mandated by Regulation 3(2) of the IG Rules, MapNdeal hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that
      1. belongs to another person and to which the User does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time benign force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonate another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      9. 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.
    2. The User is also prohibited from:
      1. violating or attempting to violate the integrity or security of the Website or any MapNdeal Content;
      2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by MapNdeal;
      3. intentionally submitting on the Website any incomplete, false or inaccurate information;
      4. making any unsolicited communications to other Users;
      5. 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;
      6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      7. copying or duplicating in any manner any of the MapNdeal Content or other information available from the Website; and
      8. framing or hot linking or deep linking any MapNdeal Content.
    3. MapNdeal, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention to above mentioned. MapNdeal shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
    4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, MapNdeal has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.
    5. MapNdeal may disclose or transfer User Information (as defined in the privacy policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit MapNdeal to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MapNdeal provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MapNdeal or any person on its behalf and the user or where the User has consented to data transfer.
  5. Liability
    1. MapNdeal shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by MapNdeal, where the User has consented to the making of disclosures by MapNdeal. If the User had revoked such consent under the terms of the privacy policy, then MapNdeal shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by MapNdeal prior to its actual receipt of such revocation.
    2. The User shall not hold MapNdeal responsible or liable in any way for any disclosures by MapNdeal under Regulation 6 of the SPI Rules.
    3. The Services provided by MapNdeal or any of its licensors or providers are provided “as is,” as available, 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). MapNdeal does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. MapNdeal does not verify any content or information provided by the Users/ diagnostic centres on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the MapNdeal Content, representations and warranties made by the Users/ diagnostic centres or the content or information provided by such Users/ diagnostic centres on the Website or any loss arising out of the manner in which the Services have been rendered.
    4. The Website may be linked to the website of third parties, affiliates and business partners. MapNdeal has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that MapNdeal endorses the linked site. User may use the links and these services at User’s own risk.
    5. MapNdeal shall not be responsible for the mishaps/missed services due to no service/no show from the lab for sample collection; MapNdeal shall not be responsible for any error in the sample collection and/ or reports generated by the Labs/ Diagnostic Centres;
    6. MapNdeal assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    7. In no event, including but not limited to negligence, shall MapNdeal, or any of its directors, officers, employees, agents or 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 or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by an User/ diagnostic centre to any User/ client. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1,000/-.
    8. In no event shall the protected entities be liable for failure on the part of the diagnostic centres to provide agreed services or to make provisions for the carrying out the Services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by any diagnostic centres.
    9. The listing of diagnostic centres on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of diagnostic centres on the Website.
  6. Indemnity
    1. User agrees to indemnify and hold harmless MapNdeal, 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 Website, violation of this Agreement, or infringement by any other user of any intellectual property or other right of any person or entity. MapNdeal 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.
  7. Term, Termination and Disputes
    1. This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
    2. MapNdeal reserves the right to terminate this Agreement, in case:
      1. A User breaches any terms and conditions of this Terms of Use or privacy policy;
      2. MapNdeal is unable to verify or authenticate any information provided to MapNdeal by a User; or
      3. MapNdeal believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MapNdeal or are contrary to the interests of the Website.
    3. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
    4. Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a registration, MapNdeal will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, MapNdeal shall have no obligation to maintain or provide any of User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control.
    5. MapNdeal reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if MapNdeal is unable to verify or authenticate any information the User submits to MapNdeal, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for MapNdeal to provide the Services to the User.
    6. This Agreement and any contractual obligation between MapNdeal and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.
    7. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by MapNdeal under the Arbitration and Conciliation Act, 1996.
    8. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
  8. Severability & Waiver Contact Information
    1. If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  9. We Do Not Provide Medical Advice:
    The information that you obtain or receive from MapNdeal, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website 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 SITE. 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 Site. If you rely on any of the information provided by the Website, you do so solely at your own risk.
  10. No Doctor Patient Relationship:
    NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE 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 CENTER OR SPECIALIST IN ANY FIELD CONDUCTING TEST. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any diagnostic center at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefore, or for any other injury resulting from the use of the Website 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.
  11. Contact Information
    1. If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at care@MapNdeal.com.
    2. If a User has any questions concerning MapNdeal, the Website, this Agreement, or anything related to any of the foregoing, MapNdeal can be reached at the following email address – care@MapNdeal.com or via the contact information available from the following hyperlink: https://www.mylabmytest/contactUs.