TERMS AND CONDITIONS OF BUSINESS
- "Conditions" mean these standard terms and conditions.
- "Company" means Pathkind Diagnostics Pvt. Ltd.
- [“Customer” means you, the reader.]
- The services shall be as set out in the services list.
- By ordering a Service hereunder, the Customer accepts these terms and conditions. The terms and conditions may be subject to change at any time and it is the Customer’s responsibility to check the terms and conditions prior to ordering such Services for any amendments and/or alterations.
- All orders placed by a Customer shall be subject to the written acceptance of the Company and service availability.
- On receipt of the order by the Customer, the Company shall confirm acceptance of the order in writing or by e-mail.
- The Company will use its reasonable endeavours’ to deliver the Services to the Customer as soon as practicable after the date of payment and if possible within 7 days of the date of payment. For the avoidance of doubt, the Company will not be in breach of these Conditions or have any liability whatsoever for failing to deliver the Services to the Customer by this date.
- Unless otherwise specifically agreed in writing by the Company these Conditions shall govern all contracts between the Company and the Customer for the sale of any of the Services and shall prevail over any conditions or terms stipulated, referred to or incorporated by the Customer in its order or negotiations.
- The prices of the Services (the “Price”) shall be as set out in the Price List and are correct at the time of entering the information. However, the Company reserves the right to change the Price without prior notice.
- All Prices quoted are in Indian Rupees(“RS”)
- All Prices quoted are inclusive of all taxes or charges which the Customer shall pay for the services.
3. PAYMENT AND DELIVERY
- Unless otherwise agreed in writing by the Company, payment of the full Price (including any VAT) and any additional costs (including but not limited to postage /packaging/ carriage costs) will be made by the Customer in full before delivery shall be effected.
- The Company shall endeavour to provide the Customer with facilities/gateways to pay the Fee through credit card/debit card /Net banking/ UPI/ Payment Wallets (India only).
- In case of Home Visit/ Home Delivery, Convenience charges will be charged to the customer.
- 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 Price shall be the sole responsibility of the User/Customer.
- The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services through the Website or any other fee. The Company further reserves the right to alter any and all fees from time to time, without notice.
- The User/Customer may be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website. Further, the Company reserves the right to change the Fees upon its sole discretion without any prior notice to the Customers/Users.
- The Company shall endeavour to release the test report/s to the Customer if so opted for by him/her within [seven] working days, unless it is required otherwise. Please 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.
- The test reports may also be displayed on the Website within the prescribed period and You may track the same by entering your Patient ID and Password.
4. REFUND AND CANCELLATION
- Whilst every effort will be made to meet the Customer’s individual requirements, the Company shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the Company, any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the Customer.
- The Company shall be entitled to cancel any contract(s) with the Customer (subject to refunding the Price previously paid by the Customer) without penalty at any time by giving written notice to the Customer.
- The Customer can contact us through e-mail id, firstname.lastname@example.org in case of cancellation and refund. The refund amount will be sent to the respective debit card/credit card/account from where payment was made and amount will not be refundable by any other mode.
5. USE OF SERVICE
- The service information sheet (“Service Information Sheet”) delivered with the Services sets out the Company’s recommended use and storage of the Services. The information contained in the Service Information Sheet is for informational purposes only and should not be relied upon. The Company accepts no responsibility for and excludes all liability for damage and loss in connection with the use of the Service and/or the information contained in the Service Information Sheet. Whilst the Company believes the information to be true and accurate at the date of writing the Company can give no assurances or warranty regarding the accuracy, currency or applicability of any of the information in relation to specific situations or particular circumstances.
- Although every care is taken by the Company in responding to requests for information and advice by telephone and e-mail no liability is accepted by the Company where information relating to the Customer’s order is distorted in transmission.
- Any claim by the Customer which is based on any non-performance of the Services shall be notified to the Company in writing within  days from the date of delivery of the Services. If the Customer omits to notify the Company in accordance with this Condition the Company shall have no liability for such non-performance.
- Notwithstanding anything in these Conditions to the contrary and save for the liability of the Company for death and personal injury caused by its negligence, the liability of the Company under these Conditions (whether by reason of breach of contract, tort, delict or otherwise) shall be limited to the Price paid by the Customer for the relevant Services.
- In no event shall the Company be liable for any indirect damages including but not limited to, damages for loss of business or revenue, loss of profits or loss of goodwill or other damages consequential upon the same regardless of whether or not the Company has been informed of the possibility of such damages or is negligent.
7. QUALITY CONTROL
- The Company will endeavour to comply with all applicable regulations and other legal requirements.
- The Company may defer or suspend the performance of the contract and or treat these Conditions as determined if the Customer:
- breaches any of these Conditions;
- undergoes insolvency proceedings of any nature or enters into any arrangement with its creditors.
- Termination for whatever reason shall not affect the rights and remedies accrued by the parties as at the date of such termination or any rights or obligations which due to the nature thereof are intended to survive termination.
- If the Company is delayed or prevented from delivering the Services due to circumstances beyond its control, the Company may cancel or suspend the contract without any liability (subject to providing the Customer with the appropriate refund in the event that such delay or prevention is not due to an act or omission of the Customer).
- These Conditions shall be governed by and construed in accordance with Indian Law. The Customer hereby submits itself to the non-exclusive jurisdiction of the Indian Courts.
- The headings in these Conditions are inserted for convenience only. They do not affect their interpretation or construction.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining conditions shall not be affected.
- Failure or omission by the Company to enforce strict compliance with these Conditions by the Customer shall not constitute a waiver of any of these Conditions.
- Notices must be in writing to the Company’s or the Customer’s address and shall be deemed delivered on the first working day after sending by hand or (subject to confirmation of the transmission) by telex or facsimile or, on the third working day after being placed prepaid in the first class post to the Company’s or the Customer’s address.