Following are the terms and conditions of using City Wide Lab website and for availing any of the services of City Wide Lab and any of its affiliates / partners / vendors (jointly called service providers). If you do not agree to these terms and conditions, please do not use City Wide Lab website and do not avail any of the services of City Wide Lab and all its affiliates / partners / vendors / service providers. |
1. Use of Website |
City Wide Lab is a marketplace to facilitate the users in availing medical services (like medical tests and health checkup packages) on our website. These services are provided by City Wide Lab partners on the website. 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. Availing Services at City Wide Lab |
City Wide Lab is a marketplace which lists the services of various service providers. Filling a form of a specific service or service provider on our website would mean that the person is interested in availing the service of City Wide Lab and of that service provider. |
3. Quality of Service |
All the services listed on City Wide Lab are provided by its service providers and City Wide Lab has no control over it. City Wide Lab is just listing them. Please do your own research and choose your service provider carefully. |
4. Payment and Refund |
The user agrees to pay all medical services fees or any other fees applicable to user's service and the user shall not circumvent the fee structure. The fee is dependent on the test / health checkup package that user purchases and not on actual usage of the services. |
5. Liability |
City Wide Lab 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 City Wide Lab, where the user has consented of making of disclosures. The User shall not hold City Wide Lab responsible or liable in any way for any disclosures by City Wide Lab under Regulation 6 of the SPI Rules. |
6. Indemnity |
User agrees to indemnify and hold harmless City Wide Lab, 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. City Wide Lab 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. Governing law and Dispute Resolution |
This Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto and shall be subject to the exclusive jurisdiction of the competent courts of Kolkata, India. |
CONDITIONS OF USE |
Your use of the Platforms is subject to the following terms: |
Term: These Terms shall be effective and remain in full force, and effect, at all times, while you are using the Platforms. |
Eligibility: Use of and registration with the Platforms shall be deemed to be void/ invalid where such use/ registration is prohibited, under these Terms or applicable law. By using the Platforms, you represent and warrant that your use of the Platforms does not violate any applicable law or regulation. |
Non-commercial Use by Users: The Platforms are only for the personal use of the users and may not be used in connection with any commercial endeavors except for those that are endorsed or approved by City Wide Lab. Illegal and/or unauthorized use of the Platform, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platforms, is prohibited. City Wide Lab reserves the right to pursue any and all remedies available at law or in equity in response to any illegal, threatened or unauthorized use of the Platform. |
Proprietary Rights in Content on City Wide Lab: All content, data, material, including images, sounds, videos, the identity of customers, sponsors and affiliates of City Wide Lab, the data/ material of City Wide Lab customers, sponsors and affiliates, accessible through/ on the Platform (collectively, "City Wide Lab Content") is protected by copyright, trademark, patent, trade secret, other intellectual property rights and other laws, and City Wide Lab owns or has the right to use and retains all rights in the City Wide Lab Content. |
Prohibited Activity: Activities, including as provided below, as may be determined by the Company from time to time shall be considered to be illegal or prohibited in relation to use of the Platforms ("Prohibited Activity"). City Wide Lab reserves the right to investigate and take appropriate actions, including deletion/modification of any of your content, restriction of your access or legal actions against any person if City Wide Lab believes (in its sole discretion) that such a person has violated these Terms, including without limitation reporting such violation to law enforcement authorities. Prohibited Activity includes but is not limited to: criminal or tortious activity, pornography, including child pornography, fraud, trafficking obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any user to buy or sell any products or services through the Platforms other than someone authorized by City Wide Lab. You may not transmit any chain letters or junk email to other users; any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or obstructing the operations of the Platforms, the networks, servers or services connected to the Platforms; using any information, including City Wide Lab Content, obtained from the City Wide Lab in order to harass, abuse, or harm another person; upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents; uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer/ or other devices; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or trace or seek to trace any information on any other user of or visitor to the Platforms, or any other customer, including any account not owned by you; Send unsolicited messages or messages in a language that is prohibitive, defamatory, vulgar, or such like or objectionable, obscene or pornographic communications, which are inconsistent with the established laws of India or which cause nuisance; Attempt to gain unauthorized access to any portion or feature of the Platforms or any other systems or networks connected to the Platforms or to any server by hacking or other means; Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or use someone else's credentials to access / use the Platforms; Breach of the security or authentication measures on the Platforms or any network connected to the Platforms; Use any device, program, algorithm or method to access, acquire, copy or monitor any portion of the Platforms to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platforms; Use any device or software to interfere or attempt to interfere with the proper working of the Platforms or any transaction being conducted on the Platforms, or with any other person's use of the Platforms; "Frame" or "mirror" or "scrape" any content or information contained on or accessible from the Platforms without the prior written approval of City Wide Lab, as may be appropriate; and using the Platforms in a manner inconsistent with these Terms and any, and all, applicable laws and regulations; Attempt any of the above acts or permit another person to do any of the above acts. |
Trademarks and Copyright Policy: |
All trademarks, services marks, trade names, logos, and icons are proprietary to City Wide Lab. Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platforms without the written permission of City Wide Lab. Your use of the trademarks displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited. |
You shall not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of City Wide Lab to terminate access of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to City Wide Lab by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platforms in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Platforms; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. City Wide Lab's Copyright Agent for notice of claims of copyright infringement can be reached at info@citywidelab.com City Wide Lab has the right to remove from the Platforms any content that is alleged to infringe third party's intellectual property rights. |