Terms and Conditions
Welcome to website of AMPATH. Your continued use of this website constitutes your agreement to comply with and be bound by the terms and conditions set forth below at all times, which will together govern our relationship with you in connection with this website. These terms and conditions apply to any and all Services provided on the website/app located at www.ampath.com (referred to as the "Website/App").
This Agreement establishes the guidelines for the use of www.ampath.com and its associated pages and websites. By accessing the Website/App or reviewing these terms and conditions, you agree to be bound by them. The terms "you," "your," "User," or "Customer" refer to any individual or entity that accesses or uses the Website/App for any reason. The terms "we," "us," "our," or the "Company" refer to the (American Institute of Pathology and Laboratory Sciences Private Limited) and any of its affiliated, subsidiary, or group companies.
By accessing and utilizing the Services, you agree to the legally binding terms of this Agreement, along with any other applicable guidelines, rules, and additional terms referenced herein, collectively known as the "Terms of Use". These Terms of Use define the terms of your access and use of the Website and our provision of the Services (as defined below). It is important to thoroughly review these Terms of Use. By accessing the Website and/or using the Services, you indicate your acceptance of all the provisions of these Terms of Use. If you do not agree to be bound by these Terms of Use, you must refrain from accessing the Website and/or using the Services.
1. DEFINITIONS AND INTERPRETATIONS
The following are the definitions of key terms used in this Agreement:
'Account' refers to the User's account created on the Company's Website during the registration process. This includes the information provided by the User such as name, age, sex, contact details, username, and password, as well as any updates or modifications made to such information.
'Company' refers to American Institute of Pathology and Laboratory Sciences Private Limited, or any of its assignees.
'Customer' refers to any User who registers on the Website irrespective of availaing any paid services.
'Home Collection Service' refers to the Company's service of collecting samples at the Customer's doorstep.
'Order ID' refers to the unique identification code assigned to a customer when they place a request for booking Services.
'Registration Process' refers to the entire process a Customer/User undergoes while registering on the Website.
'User' refers to any person who accesses the Website.
2. ELIGIBILITY
To use this Website and its Services, you must be at least 18(eighteen) years old or the legal age to enter binding contracts in your jurisdiction if that age is other than 18(eighteen). If the Website or Services are prohibited in your jurisdiction, you are not authorized to access them. By using the Website or Services, you confirm that you have the legal right to do so and that you will comply with all applicable laws and regulations.
In this Agreement, "Confidential Information" refers to any information related to your Account, username, password, analysis and verification methods, and other similar details that are disclosed by one party to the other and are confidential or proprietary. The Receiving Party agrees to keep Confidential Information confidential and take necessary precautions to protect it from third parties. You may not use or disclose Confidential Information without the prior written consent of the Company, except as required by law or legal process.
All information and data submitted by you become the property of the Company and may be disclosed in accordance with the Terms of Use. You consent to the Company selling, licensing, or allowing third parties to use your data or information, with or without payment.
You may access and edit your own data stored in the Website's database, subject to identity confirmation. Any Confidential Information disclosed by you in chat or bulletin board areas is done at your own risk. The Company is not responsible for any misuse of such information by third parties.
If you are not a genuine Customer or intended recipient and are accessing the Website to obtain Confidential Information, such access is considered a breach of this Agreement and must be kept confidential. The Company may seek legal remedies against such unauthorized access.
3. SERVICES
When a User or Customer uses this Website, they are entitled to certain services as outlined in the following clauses (referred to as "Services"), and the interpretation of "Services" will depend on the context. It's important to note that the Services cannot be transferred to another person, and only the person who booked the services can avail of them at the lab or through home collection. Before taking any tests included in the Packages and Test menu the User is advised to review the instructions and guidelines provided by the Company on the Website, which detail what to do and what not to do. Finally, the Company has the right to change the nature of Services at its discretion and will notify the User or Customer of any such changes by publishing them on the Website.
4. RESTRICTIONS ON USE
When using the Website, it is prohibited to transmit, distribute, store, or delete any material, including but not limited to content provided by the Company, in any of the following ways: for any illegal purpose or in violation of any applicable law, regulation, international law, or laws of any other country; in a manner that infringes upon the copyrights, trademarks, trade secrets, or other intellectual property rights of others, or that violates the privacy, publicity, or other personal rights of others; or in a manner that is defamatory, libelous, obscene, threatening, abusive, or offensive to other Website users, such as content or messages that promote racism, bigotry, hatred, or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
5. REGISTRATION PROCESS
To be eligible to use the Services, the User must complete the registration process ('Registration Process') outlined below:
The Registration Process involves creating a login ID and is mandatory for Customers. It requires them to provide certain basic information about themselves, such as their name, age, sex, email address, billing address, collection address, zip/postal code, and phone number, to create an Account.
Once the Registration Process is complete, the User becomes a customer and is entitled to avail the Services, subject to payment of the Fee.
6. PAYMENT
The Company will strive to provide the Customer with various payment options, which may include credit cards (such as American Express, Visa, and Mastercard), debit cards, cash cards, and internet banking, for paying the Fee.
The User/Customer must be aware that the Services will only begin after the Company has received payment, provided that the Customer opts for online payment. The User/Customer must also acknowledge that additional terms and conditions may govern the payment mechanisms, SOPs, terms and conditions established by the Company or under any payment regulatory statute or body.
The Company reserves the right to decline or cancel any order for a product/package that is listed at an incorrect price, regardless of whether the order has been confirmed or payment has been received via credit card. If payment has already been processed, the amount will be refunded to the credit card account within 7-14 working days, and the User/Customer will be informed by email. The User/Customer may choose to cancel or modify the order, subject to the applicable cancellation/modification charges.
The User/Customer must understand and agree that third parties who provide payment facilities may govern payment mechanisms through separate agreements with the Company. The Company disclaims any responsibility or liablilty for any malfunction or defect in any payment procedure on the website or at a site / gateway provided by a third Party. Payment of the Fee is the sole responsibility of the User/Customer.
The Company may charge listing fees for certain listings, transaction fees based on completed transactions through the Website, or any other fee. The Company reserves the right to modify any and all fees at any time without notice.
The User/Customer may be responsible for paying all applicable charges, fees, duties, taxes, levies, and assessments for using the Services through the Website. The Company also reserves the right to change the Fees at its sole discretion without prior notice to the Customers/Users.
7. REFUND AND CANCELLATION POLICY
-
Any time after the transaction and 8 (eight) hours before the phlebotomists visit to the patient's requested and confirmed location – 100% Refund with Zero Cancellation Charges;
-
When the Phlebotomist visits the patient premises, but the booking is cancelled.
-
Sample is not collected – Complete refund except Rs 150 as Phlebotomists visitation Charges;
-
After the sample is picked up by the Phlebotomist but Sample degenerated or Haemolyzed (Report not generated) - 100% Refund except Rs 150 as Phlebo Service Charges;
-
Free repeat testing in above Scenario Sl.No.II (b) at sole discretion of AMPATH.
-
After the sample is picked up by the Phlebo but cancellation after sample processing - No Refund.
In case a request for refund is initiated by You meriting a refund of any amount – or part of it, and such request reaches the company, the amount paid will be credited into customer’s account/card within a maximum of 07 (Business days) days from date of cancellation.
Cancellations received after the stated deadline will not be eligible for a refund.
Refund requests must include the name of the attendee and/or transaction number.
8. CONFIDENTIALITY
In this agreement and any associated documents or renewals, "Confidential Information" refers to any information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is confidential, proprietary, or otherwise expressed to be confidential and not generally available to the public. This includes information related to the Account, username, password, analysis and verification methods, and other similar details.
The Receiving Party agrees to maintain the confidentiality of the Confidential Information and not disclose it to any third party. The Receiving Party also agrees to take all necessary measures to protect the Confidential Information from third parties. The User may not use, reproduce, transform, or store the Confidential Information without the prior written consent of the Company, except where required by applicable law, legal process, or the rules of a competent regulatory body.
All information and data submitted by the User becomes the property of the Company and is subject to disclosure in accordance with the Terms of Use. The User/Customer consents to the Company selling, licensing, or allowing third parties to use such data or information, with or without payment of consideration.
The User may only access and edit their own data and information stored in the Website's database, subject to identity confirmation. Any Confidential Information voluntarily disclosed by the User in chat or bulletin board areas is done at the User's sole discretion and risk. The Company is not responsible for any misuse of such information by third parties.
If the User is not a genuine Customer or intended recipient and is using or accessing the Website to obtain Confidential Information, any access to such information is considered a breach of this Agreement and must be kept confidential. The Company may investigate and seek legal remedies against such User, including temporary and permanent injunctions.
The obligations of confidentiality mentioned in above Clauses do not extend to information which is disclosed with the prior written consent of AMPATH and are as follows;
-
is, at the date this Agreement entered into, lawfully in the possession of the information through any third party other than AMPATH, except where the third Party knows that the source has this information as a result of a breach of a confidentiality obligation;
-
is required to be disclosed pursuant to judicial or regulatory process or in connection with any judicial process regarding any legal action, suit or proceeding arising out of or relating to this Agreement, after, where reasonably practicable, User shall give prior immediate written notice vide email to AMPATH to such addresses as specified under “Notice” section below; or
-
is generally and publicly available, other than as a result of breach of confidentiality by any User which possession shall be subject to proof.
9. INTELLECTUAL PROPERTY RIGHTS
-
Intellectual Property Rights shall mean all sole or joint right in any and all registered or unregistered(a) copyrights; (b) trade secrets; (c) patents, patent disclosures and all rights in inventions (whether patentable or not); (d) trademarks, trade names; (e) goodwill; (f) other intellectual and industrial property rights of every kind and nature throughout the world and however designated, whether arising by operation of law, contract, license, or otherwise; and (g) registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect.
-
Except as expressly permitted in writing by an authorized representative of AMPATH, neither User would be entitled to use any of AMPATH IPR, name or logo in any external communication or marketing material nothing in this Agreement and Contractor hereby acknowledges that it shall not acquire any right, title or interest in respect thereof during the term of this Agreement.
-
User acknowledges that AMPATH has sole ownership and rights to any inventions, Scientific research undertaken, whether discussed, or disclosed with the User or whether registrable or not, relating to or arising from and under the Scope of this Agreement.
10. ANTI-BRIBERY AND ANTI-CORRUPTION
-
The User acknowledges and agrees that it has not, and shall not, make or promise to make corrupt payments of money or anything of value, directly or indirectly, to any government or public international organization officials, political parties, or candidates for public office, or employee of a commercial customer or supplier, for the purpose of obtaining or retaining business or securing any improper advantage. The User also agrees that it shall not engage in any activity that would expose AMPATH or its affiliates to any risk under the laws and regulations of any relevant jurisdiction, like the US Foreign Corrupt Practices Act of 1977, Prevention of Corruption Act 1988 or any applicable local laws prohibiting improper payments, including but not limited to bribes to officials of any government or private agency.
-
The User hereby represents that it has not and shall not itself or through any of its personnel, given or shall give or promise to give any money or gift to any employee/official of AMPATH to influence their decision regarding this Agreement, nor shall it exert or utilize any unlawful influence through a promise to pay a commission, kickbacks, percentage, brokerage or contingent fee to secure or solicit any extension hereof.
-
User agrees that knowledge of breach of this clause shall be sufficient ground for AMPATH to deny services under Website and/or terminate this Agreement immediately without prejudice to the liabilities of the User under applicable laws. Breach of this clause shall also be sufficient ground for the User to withhold any and all payments, which may be due to it and for the AMPATH to initiate appropriate legal actions, including but not limited to legal actions claiming set-off, return of losses and/or damages and seeking compensation for loss of reputation and any penalties imposed on AMPATH.
-
The User shall communicate immediately to the concerned person of AMPATH mentioned under [Notice Clause], in case of any grievances in relation obstruction by AMPATH employee/s during performance of services under this Agreement, violation of anti-bribery law or any AMPATH employee seeks undue favours from the Contractor.
11. Waiver
Neither Party shall be deemed to have waived its rights under this Agreement, unless such waiver is in writing and signed by such Party and such waiver by one party of a breach of any provision of this Agreement by the other Party shall not be deemed to be a waiver of any subsequent or continuing breach of such provision or of the breach of any other provision of this Agreement by that other Party. Any delay or omission on the part of any party in strict exercise of its rights hereunder shall not impair the validity those rights nor shall it constitute a suspension, renunciation or waiver of those rights. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative, and none of them shall be a limitation of any other right, remedy, undertaking, obligation, or agreement of any of the Parties.
12. Relation of Parties
The relation between the parties shall be of independent contractors and not to be considered as agents, joint venture, partnership or an employer/employee or each other.
13. Severability
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, the parties shall agree in good faith to a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such a declaration or finding and is capable of substantial performance, then the remainder Agreement shall be enforced to the extent permitted by law.
14. Assignment
User shall not appoint and acknowledges that allowing any legal representatives to claim in lieu of the User or transfer or assignment of the whole or any part of its rights against the Services by it to another without prior written consent from AMPATH.
15. Entire Agreement
-
This Agreement represents the entire agreement and understanding between the Parties relating to the subject matter of this Agreement and supersedes all documents or verbal consents or understandings (if any) between the Parties prior to the date of this Agreement. None of the terms of this Agreement may be amended or modified except by an instrument in writing signed by authorized representatives of the Parties.
16. Notices
-
Any notice required or authorized to be served hereunder shall be deemed to have been properly served if delivered by hand, or sent by registered or certified mail, or sent by email, to the other Party at the service details or address provided below. Notices sent by post shall be deemed to have been delivered within seven days after the date of posting. Notices sent by email shall be deemed to have been delivered once acknowledged by the recipient. Any Notice or other communication required to be sent under this Agreement shall be sent or delivered to the receiving party at the address set forth below, or at such other address as the parties may from time to time designate in writing:
For AMPATH:
Attention: Mrityunjay Kumar Yadav
Address: Door NO 1-100/1/CCH, 2ND, Floor, Nallagandala, Serilingampally, Rangareddy, Telangana 500019
Phone Number: 8008999920
E-mail: mrityunjaykumary@ampath.com
17. Governing Laws
- This Agreement shall be governed by the laws of India.
- Jurisdiction & Dispute Resolution:
- This agreement shall be governed by the laws of India and subject to exclusive jurisdiction of Courts at Hyderabad.
- Notwithstanding aforementioned jurisdiction clause all claims, disputes and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, including contract, tort, property, statutory, or common law claims (a “Dispute” or “Disputes”) shall be first negotiated in good faith by the Parties amicably amongst themselves and try to settle the dispute with mutual settlement.
18. Arbitration
If the Parties are unable to resolve a Dispute through negotiation, the Parties shall first to try in good faith to settle the Dispute by mediation administered by the Indian Arbitration and Conciliation Act, 1996. Any dispute unsettled under mediation hereunder shall be resolved through arbitration by 3 arbitrators with one arbitrator nominated by each Party and the third arbitrator selected by the two such appointed arbitrators and conducted under the Indian Arbitration and Conciliation Act of 1996. The venue for such arbitration proceeding shall be Hyderabad. The arbitral proceedings shall be in English.
19. Amendments
None of modification or amendment to this Agreement shall require any prior information or consent per se of the User and any continued visitation or use of Services under the Website shall be considered as defacto consent.
20. Public Statements
Counterparts: This Agreement is electronic record and its deemed acceptance through continued usage of Website as indicated above shall be considered sufficient acceptance and adoption and shall become effective when the Parties have continued usage of the Website.
Except as explicitly provided by this Agreement, You do not have a right to use AMPATHs name or the names of AMPATH in public statements, advertisings, promotional material, monetised public comments in electronic, prints, traditional press release, or other public statement without prior written permission of the other Party, except to the extent such disclosure is reasonably necessary for (a) regulatory filings, or (b) complying with (i) applicable legal requirements and governmental regulations or (ii) the requirements of any stock exchange or stock listing entity.
21. Choice of Law
This Agreement shall be governed by and interpreted in accordance with the laws of India, with exclusive jurisdiction at Courts of Hyderabad without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
22. Authority and Conflict
Each Party represents, warrants and covenants to the other Party that (a) all corporate action on the part of such Party necessary for the authorization, execution and delivery of, and the performance of all obligations under this Agreement has been taken; (b) the execution and delivery of, and the performance of such Party’s obligations under this Agreement do not conflict with, violate, breach or constitute a default under any statutory or contractual obligations of such Party; (c) this Agreement is a legal and valid obligation binding upon it and is enforceable against it in accordance with its terms.
*****
