TERMS AND CONDITIONS FOR USE OF LAB SERVICES THROUGH Dello+ For Labs
Welcome to Dello+ For Labs!
The Dello+ For Labs brand and the suite of Mobile and Web Applications are the intellectual property of Teakshed AI Pvt. Ltd, having its Registered Office at 25A, 6th Cross, Emerald Enclave, Anagahalli, Belagola – 571606.
This suite of mobile and web application represented and/or marketed through the website (https://www.delloplus.com) relate to digital lab services. The Dello+ For Labs Mobile App shall be known, in short, as Dello+ For Labs. The Dello+ For Labs facilitates usage by different stakeholders (medical practitioners, their authorized staff, registered with Dello+ For Labs, registered labs and authorized staff including the staff involved in collecting samples and delivery of reports) for delivery of seamless sharing of digitized patient’s prescriptions / clinical data between the consulting doctor and the lab of the patient’s choice, as per existing regulations.
- General Terms
1.1 The Dello+ For Labs is for use by natural or legal persons and not by robots or bots. The stakeholders in the use of this Dello+ For Labs are users who are using the services facilitated through Dello+ For Labs / http://www.delloplus.com, the registered doctors who are using Dello+Doc to provide pathological / laboratory and related services and the participating registered and licensed laboratories.
1.2 The term USER will variously and contextually mean the registered doctors, authorized staff of doctors, the registered labs, authorized staff of labs, including staff involved in collection of samples and delivery of reports.
1.3 The word COMPANY will be used to denote the Dello+ For Labs / Dello+Doc / Dello+Pharma / http://www.delloplus.com or Dello+ and the word doctor indicates registered medical practitioner who is using the services of the Company and the word patient or customer will mean the user who is seeking the pathological / laboratory and related services through the use of Dello+ For Labs and the word laboratory refers to the participating Labs which are having valid licence to conduct business and using the Dello+ For Labs (which includes successors, assigns, administrators and representatives).
1.4 The Dello+ For Labs refers to the mobile / web-based platform of Dello+ relating to digital transmission of medical / clinical data for pathological / laboratory services.
1.5 These Terms are to be read in conjunction with privacy policy and other regulations, policies, as applicable from time to time.
1.6 These Terms and Conditions and amendments thereto are available on the Dello+ For Labs and constitute the terms and conditions for use of services offered / available through the Dello+ For Labs.
1.7 You, your will variously mean the participating doctors, patients, labs and such other authorized staff, as per the context.
1.8 We, us, our, COMPANY or Dello+, shall mean Dello+ For Labs.
1.9 Please be informed that the terms and conditions are to be read and understood before availing the services so made available.
1.10 Use of Dello+ For Labs is construed to imply that you have read and understood the terms and conditions applicable to the Dello+ For Labs. If you, at any time, feel that the terms and conditions are not acceptable, you should at once cease all and every use of the Dello+ For Labs.
1.11 By accessing the Dello+ For Labs and / or using the services available through the Dello+ For Labs, you agree to be legally bound by all the terms and conditions, policies, instructions provided on the Dello+ For Labs and it is construed as a consent.
1.12 The use of our services is a confirmation of your agreement to comply with the terms and conditions. It is understood that use of the Dello+ For Labs on each instant is considered as your consent for all the terms and conditions of the use of Dello+ For Labs or any page or the terms and conditions associated with any product or service offered through Dello+ For Labs. By accessing the Dello+ For Labs, you agree to the entirety of terms and conditions and all associated content, information, recommendations and / or services provided to you through Dello+ For Labs. You are not to use the services on offer if you are not in agreement with the terms and conditions mentioned herein.
If you continue to use the Dello+ For Labs even after being in disagreement in full or with any part of the terms and conditions, your consent to the totality of the terms and conditions is construed as implied consent.
1.13 The terms and conditions are liable to be amended from time to time and you are expected to review this agreement periodically to know the latest terms and conditions.
- Use of Dello+ For Labs
2.1 If at any time it is found that you are in non-compliance with relevant / applicable laws, rules and regulations, or the terms and conditions of this Agreement, the Company has the right to deny your access to the Dello+ For Labs or services provided through the Dello+ For Labs.
2.2 The Company may process, utilize, transfer any data / information to the extent it is necessary to provide the services as per the policy.
2.3 The Company retains the right to remove the details or information pertaining to any USER at any time if the USER concerned is found to be in violation of the terms and conditions or any relevant laws.
2.4 The Company uses cookies for different purposes and by accessing the Dello+ For Labs you consent to the same.
- Services
3.1 You will be required to create an account by registration on the Dello+ For Labs, providing the necessary details to enable you to use Dello+ For Labs. Completing the registration process may require filling of a form with details like name, age, date of birth, address, mobile number, email id, etc. It is understood by all the stakeholders that the Company will rely on such information provided by you and the services provided through the use of the Dello+ For Labs by various stakeholders will depend on the accuracy and currency of such information. You hereby provide warranty that every and all information provided by you in the process of registration or use of the Dello+ For Labs is true and accurate.
3.2 The Company facilitates provision of services through the Dello+ For Labs to the USERs to avail the prescribed laboratory tests subject to existing laws and regulations including the territorial jurisdiction. However, the Company shall not be liable or certify the validity or endorse or approve any information or content posted by the USERs on Dello+ platform or by the other stakeholders. Each stakeholder is responsible for the content posted / uploaded by him and such stakeholder indemnifies the Company from any liability resulting from posting of such content.
3.3 The Company relies on the information provided by the stakeholders with regard to the procedures, protocols, framework, methods, tools, lab equipments and other material mentioned on the Dello+ For Labs.
3.4 The Company reserves the right to add or withdraw services / products, activate or deactivate any offers and promotions on the services / procedures / products facilitated through the Dello+ For Labs at any time.
3.5 The Company does deal with any of the user’s client or patient managed by the user through the Dello+ For Labs other than providing the agreed services.
3.6 You understand and accept, by using the Dello+ For Labs that:
3.5.1 The Company only provides choices / options in terms of participating stakeholders and does not recommend or endorse any procedures, protocols, framework, methods, tools, lab equipments and other material mentioned on the Dello+ For Labs.
3.5.2 The Company does not make any warranties or assurances or certifications or endorsements with respect to the quality of service / processes / products provided by the participating doctors / consultants / labs.
3.5.3 You shall be responsible to verify the credentials and choosing the services / processes / products made available through Dello+ For Labs.
3.5.4 The Company is not and shall not be responsible for the delays in collection of samples or transit damage or procedures or delivery of reports, as the same is a matter between the participating lab and the USER.
3.5.5 The Company only facilitates digital transfer of data from the participating doctor to the labs through the use of Dello+ For Labs and does not deal with any of the USER’s client or patient managed by the USER through the Dello+ For Labs other than providing the agreed services / products through the Dello+ For Labs.
3.5.6 The stakeholders agree to use the Dello+ For Labs and the content provided therein exclusively as per the terms of use and the applicable laws within the relevant jurisdictions.
3.5.7 Each individual SERVICE PROVIDER / PRODUCT SUPPLIER may have his own terms and conditions of his service / product which may be uploaded / reflected / posted on the Dello+ For Labs and the individual SERVICE PROVIDER / PRODUCT SUPPLIER will be responsible for the accuracy, quality, processes, adequacy and currency of the content, services / products provided thereon and the legality thereof.
3.5.8 The stakeholders are granted access to the Dello+ For Labs exclusively as per the terms of use within the provisions of Indian Contract Act, IT Act and Rules made thereunder.
3.5.9 The USERS shall not access the Dello+ For Labs for the purpose of marketing, business analytics, benchmarking, examination of performance or functionality or competitive purposes.
3.5.10 The Company will take all necessary steps including security standards and protocols to make the services / products available without breakdown except for planned and informed downtime or unavailability caused by the circumstances beyond the reasonable control including acts of God, fire, earthquake, storm, flood, civil unrest, acts of terror, labour unrest, etc.
3.5.11 The Company may at its sole discretion deny access to or suspend USER’s use or access to the Dello+ For Labs anytime to facilitate investigation of complaints or alleged violations of the terms of use or for any legal reason.
3.5.12 The Company may, at its discretion, edit the profile of participating stakeholders only to the extent of making them suitable for ease of search on the Dello+ For Labs. Should any USER find inaccuracies in the information provided on the Dello+ For Labs, the Company may be contacted on _______________ (phone) or _____________ (email) or contact us / support section on http://www.delloplus.com immediately for necessary correction. The Company takes no responsibility in this regard.
3.5.13 The services provided by the Company shall not be used for emergency purposes.
3.5.14 The Company does not guaranty or make any representation regarding the accuracy, completeness or currency of the information or details provided by the stakeholders.
3.5.15 The Company facilitates the patient to opt for a given lab and its services within the network of labs on the Dello+ For Labs. The Company or the participating doctor do not recommend any specific lab and the choice of lab is entirely up to the patient. However, once the patient chooses a lab and informs the doctor / authorized staff, the transfer of information on the prescription to be done will be facilitated by the Dello+ For Labs from the doctor / authorized staff to the chosen lab online.
3.5.16 The lab may at its discretion post the information regarding the delivery of reports of prescribed pathological test at the agreed location, as agreed and Dello+ For Labs has no role in the whole transaction.
3.5.17 The Company is not responsible for any delay in collection of sample and delivery of reports. However, the Dello+ For Labs will facilitate any updates to be posted with respect to the collection, delivery and delay, if any.
3.5.18 The Company facilitates the report from lab to be uploaded on the Dello+ For Labs and the patient has the option of utilizing the reports as he deems fit.
3.5.19 The patient and the consulting registered doctor will have the option of downloading and / or printing of the report. The Company is not responsible for delivery of physical copy of the report and the same is subject to agreement between the patient and lab. However, the Dello+ For Labs will give an option to the patient for seeking a hard copy as well from the lab.
- Fees, Taxes & Payments
4.1 The Dello+ For Labs may prompt the USER to enter certain details like bank account number, credit card, debit card, etc. to facilitate digital payments, if any.
4.2 The payment of fee is an agreement between the SERVICE PROVIDER and the USER and the Company may only facilitate the transactions to take place. The reasonability or otherwise of the fees quoted or charged is a matter between the SERVICE PROVIDER and the USER and the Company has no role in that regard.
4.3 The USER agrees to pay the prescribed fees and applicable taxes by accessing specific pages pertaining to different services.
4.4 All fees shall be pre-paid.
4.5 The USER and the SERVICE PROVIDER are responsible for payment of all taxes, compliances as per extant regulations and reporting thereof and the Company takes no responsibility for any of the issues other than paying its own income tax.
4.6 The Company may provide the option for online payment through a third party payment gateway. The service is dependent on the third party concerned. The Company takes no responsibility for any loss of damage caused to the USER during the process of transaction through third party.
4.7 The Company may revise or modify the fee structure as per agreements with SERVICE PROVIDERs from time to time. Publication of revised / new fee structure shall be considered as part of the terms and conditions.
- Cancellation and Refund Policy
5.1 The Company takes no responsibility for refund as it is a matter between the USER and the SERVICE PROVIDER. However, the Company will facilitate use of Dello+ For Labs for refund of paid fees as per the agreed terms and conditions between the SERVICE PROVIDER and the USER.
- Transferability of Rights to use the Services
6.1 The USER’s right to use the Services is not transferable. Any password or access granted to the USER for the Dello+ For Labs is not transferable. The Company may transfer, assign or delegate all or any part of the obligations to the group companies, partners and other stakeholders, as required. The USER shall be responsible for the security of password and other medium of access to the Dello+ For Labs.
- Collection, Processing and handling of Personal Information
7.1 The Mobile App / Website may have pages that will enable you to provide personal information which shall be dealt with as per the Privacy Policy of the Company. It is agreed that:
7.1.1 The services offered through the Dello+ For Labs must not be considered as a substitute for emergency medical care or professional medical advice, diagnosis or treatment. The Company neither advocates nor asserts that the use of Dello+ For Labs substitutes for professional medical advice, diagnosis, conduct of tests or treatment.
7.1.2 The Company shall follow the required information security standards and compliances from time to time.
7.1.3 Collection, access to and handling of data may depend on different parameters and the Company assumes no liability to any delays or losses caused thereof.
7.1.4 The Company relies on the information provided by the different users and does not take responsibility of the personal or business information as to its accuracy, currency and adequacy.
7.1.6 The USER shall not share or openly display the OTP, password or access credentials to the Dello+ For Labs or services or products available through the Dello+ For Labs.
7.1.7 The Company retains its right to suspend or terminate a USER’s account at its sole discretion, if it is found or has reasonable grounds for suspicion that such information provided by the USER is false, inaccurate, incomplete or becomes false, inaccurate, not current or incomplete.
- Don’ts
8.1 The User is prohibited from:
8.1.1 Violating or attempting to violate the integrity or security of the Dello+ For Labs / Website or any content thereon;
8.1.2 Sharing of password or access credentials through the Dello+ For Labs;
8.1.3 Transmitting or posting any information that is incompatible with the provision of the services or disruptive or competitive.
8.1.4 Intentionally submitting any incomplete, false or inaccurate information;
8.1.5 Making any unsolicited communications to other Users;
8.1.6 Using any engine, software, tool, code, agent, device, process, mechanism like robots, bots, spiders, etc. to break into or to navigate or search the Dello+ For Labs;
8.1.7 Attempting to decode, decipher, decompile, disassemble or reverse engineer any part of the Dello+ For Labs;
8.1.8 Copying, duplicating in any manner any of the content or other information available on the Dello+ For Labs;
8.1.9 Conducting any systematic or automated data collection activities like scraping, mining, extraction, harvesting, etc.
8.1.10 Violating any local, state, national or international laws;
8.1.11 Using any actions to interfere, disrupt, hamper, halt, amend, diminish the proper functioning of the Dello+ For Labs;
8.1.12 Gaining or attempt to gain unauthorized access to the Dello+ For Labs or services or products;
8.1.13 Creating accounts unauthorizedly for the services and products through automated means or cloning or social engineering;
8.1.14 Interfering with or disrupt the integrity, security or performance of Dello+ For Labs;
8.1.15 Framing or hotlinking or deeplinking any Content;
8.1.16 Posting materials on any social media pages of the Dello+ For Labs or otherwise on social media, that are unlawful, illegal, fraudulent, libellous, slanderous, defamatory, abusive, harassing, obscene, threatening, blackmailing or infringing on the rights of any third-party, including intellectual property, privacy/confidentiality or publicity rights;
Note: Any of the above prohibited acts by the USER may lead to suspension or denial of service by the Company in addition to other civil and criminal actions, as deemed appropriate.
- Liability
9.1 The Company shall not be responsible or liable to the Users for any losses, damages, injuries or expenses incurred by the Users as a result of any disclosures made by the Company, where the User has consented to the making of such disclosures.
9.2 The User further shall not hold the Company responsible or liable in any way for any disclosures by the Company in as much as it is in compliance of applicable laws and as per the Privacy Policy.
9.3 The Services provided by the Company and the other users on the platform or any of its licensors, members or SERVICE PROVIDERs are provided “as is”, as available, and without any warranties or conditions.
9.4 The Company does not provide any representation, warranty or guarantee, express or implied, about the Mobile App or Website or Services or Products on offer.
9.5 The Company does not verify any content or information provided by the Users / labs on the Dello+ For Labs / Website and to the fullest extent permitted by the law, disclaims all liability arising out of User’s reliance on the Mobile App, Website, the Services, the Content, etc.
9.6 The Company may link the Dello+ For Labs to the website of third parties, affiliates, partners, SERVICE PROVIDERs, etc.
9.7 The Company has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such website or made available by / through the Dello+ For Labs. Inclusion of any link on the Dello+ For Labs does not imply that the Company endorses the linked site. The User may use the links and these services thereof at one’s own risk.
9.8 The Company is not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. The Company encourage the USERs to read the privacy statements and other instructions of every website that collects personally identifiable information.
9.9 The Company is not responsible for the quality and adequacy of the services and products offered through the Dello+ For Labs.
9.10 The Company is not responsible for any damages to or viruses that may infect the USER’s equipment.
9.11 In no event, the Company or any of its directors, officers, employees, agents or content or SERVICE PROVIDERs (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.
9.12 In no event shall the total aggregate liability of the protected entities to a USER for all damages, losses or causes of action arising from the terms and conditions or as USER’s use of the Dello+ For Labs or services or products, exceed in the aggregate INR. 2,000/-.
9.13 In no event shall the protected entities be liable for failure on the part of the SERVICE PROVIDERs including the doctors and the labs to provide agreed services or to make provisions for the carrying out the Services.
9.14 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 doctors / labs.
9.15 The listing of doctors and labs on the Dello+ For Labs is based on numerous factors including the User’s comments, reviews and feedbacks.
9.16 In no event shall the protected entities be liable for the listing order or the display of a particular SERVICE PROVIDER on the Dello+ For Labs.
9.17 The use of Dello+ For Labs may take the USER to links to other websites, application or mobile applications on the Internet which are owned and operated by third parties. The Company is not responsible or liable for the content or operation of such third party application.
- Indemnity
10.1 The User agrees to indemnify the Company and the protected entities from any and all third party claims, losses, liability, damages, and/or costs including attorney fees and costs arising from access to or use of Website, violation of the Terms of Use, or infringement by USER of any IP or other right of the Company or protected entities.
10.2 The Company will promptly notify any such occurrence of third party claim, loss, liability, or demand, and the USER agrees to provide us with reasonable assistance, at own expense, in defending any such a claim, loss, liability, damage, or cost.
10.3 Under no circumstances, the Company shall be liable for any defamatory, offensive or illegal conduct of any USER/customer. If any USER/customer is dissatisfied with any of the services provided by any of the doctors / labs, the USER/customer may approach such doctor / lab and / or discontinue using the Dello+ For Labs and the services and products provided / listed on the Dello+ For Labs.
- Term and Termination
11.1 The Terms and Conditions of Use / this Agreement will remain in full force and effect while the user is a USER of the services and products offered through the Dello+ For Labs, in any form or capacity.
11.2 The Company reserves the right to terminate the access to the Dello+ For Labs and account of the USER, in case, including but not limited to:
11.2.1 A User breaches any terms and conditions of this Agreement
11.2.2 The Company is unable to verify or authenticate any information provided by the USER; or
11.2.3 The Company believes in its sole discretion that User’s actions may cause legal liability for such User or other Users or for the Company or are contrary to the interests of the Dello+ For Labs.
11.3 The Company reserves the right to suspend, restrict or terminate the profile or account of the USER on the Dello+ For Labs without stating any reasons whatsoever. Similarly, the USER may remove own account from the Dello+ For Labs at any time. Such termination shall not release the USER from any liability or claim which at the time of termination has already accrued to it or which thereafter may accrue in respect of any act or omission prior to such termination or which has accrued in consequence of this clause.
11.4 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 Dello+ For Labs by such User.
11.5 The Company 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 Dello+ For Labs with or without ability to access the Dello+ For Labs and other Services, upon any breach by the User of these Terms and Conditions of Use / Agreement or if the Company is unable to verify or authenticate any information the User submits to the Company, or if the User fails to provide or after providing such consent, later revokes, the consents necessary or desirable for the Company to provide the Services to the User.
- Severability
12.1 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability, of that provision in any other jurisdiction.
- Waiver
13.1 A waiver by the Company, whether express or implied, of any of the provisions of this Agreement or of any breach of or default by the USER in complying with any of those provisions shall not constitute a continuing waiver and that waiver shall not prevent the Company from subsequently enforcing any of the provisions of this Agreement not waived in writing or from acting on any subsequent breach of or default by the USER under any of the provisions of this Agreement.
- Amendments, Changes & Modifications
14.1 This Agreement may be amended in whole or in part at the sole discretion of Dello+ For Labs.
14.2 Neither party may assign its rights under this Agreement without the prior written consent of Dello+ For Labs.
- Entire Agreement
15.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this Agreement except as specifically set out in this Agreement.
- Dispute Resolution
16.1 The Terms of Use and other contractual obligations between the Company and User are subject to laws of India. The Courts in Mysuru and Karnataka will have the sole jurisdiction.
16.2 All and any disputes relating to this Agreement will be subject to pre-trial mediation and thereafter negotiations, failing which Arbitration at Mysuru in English. The Arbitration shall be conducted by a Sole Arbitrator who shall be a current or former legal practitioner / Judge to be appointed by the Company in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.
- Acknowledgement
17.1 The parties acknowledge that they have read and understood these Terms and Conditions, and agree to be bound by the same.
