Introduction
Welcome to Alinea
Healthcare Private Limited
(“AHPL”). In using the website service, of AHPL you are deemed to have
accepted the terms and conditions listed below
All
products/services/ treatment/ content and/or information displayed on AHPL
recommended websites constitute an ‘invitation to offer’. Your request for
purchase constitutes your ‘offer’ which shall be subject to the terms and
conditions as listed below. AHPL reserves the right to accept or reject your
request. If you have supplied us with your email address, we will notify you by
email as soon as possible to confirm receipt of your request and email you again
to confirm details and therefore process the request. Our acceptance of your
request will take place upon processing your request(s). No act or omission of
AHPL prior to the actual processing of your request will constitute acceptance
of your offer.
Membership
Eligibility
Use of the Site
is available only to persons who can form legally binding contracts under
applicable law.
Persons who are
‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872
including un-discharged insolvents etc. are not eligible to use the Site. If you
are a minor i.e. under the age of 18 years you may use this Site only under the
supervision of a parent or legal guardian who agrees to be bound by these Terms
of Use.
You are
prohibited from purchasing any material which is for adult consumption the sale
or purchase of which to/by minors are strictly prohibited. AHPL reserves the
right to terminate your membership and refuse to provide you with access to the
Site if AHPL discovers that you are under the age of 18 years.
The Site is not
available to persons whose membership has been suspended or terminated by AHPL
for any reason whatsoever. If you are registering as a business entity, you
represent that you have the authority to bind the entity to this User Agreement.
AHPL makes no representation that any products or services referred to in the
materials on this website are appropriate for use, or available outside India.
Those who choose
to access this Site from outside India are responsible for compliance with local
laws if and to the extent local laws are applicable. AHPL will deliver the
services only within India and will not be liable for any claims relating to any
services outside India.
Except where
additional terms and conditions are provided which are product specific, these
terms and conditions supersede all previous representations, understandings, or
agreements and shall prevail notwithstanding any variance with any other terms
of any request submitted. By using the services of AHPL you agree to be bound by
the Terms and Conditions.
Account and
Registration Obligations
‘Your
Information’ is defined as any information you provide to us in the
registration, requesting or listing process, in the feedback area or through any
e-mail feature. We will protect your information in accordance with our privacy
policy. If you use the Site, you are responsible for maintaining the
confidentiality of your account and Password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or Password. AHPL shall not be liable to any person for any
loss or damage which may arise as a result of any failure by you to protect your
password or account. If you know or suspect that someone else knows your
password you should notify us by contacting us immediately through the address
provided below. If AHPL has reason to believe that there is likely to be a
breach of security or misuse of the Site, we may require you to change your
password or we may suspend your account without any liability to AHPL.
You also agree
to:
1. Provide true,
accurate, current and complete information about yourself as prompted by AHPL's
registration form (such information being the ‘Registration Data’)
2. Maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, incomplete,
or not current or if AHPL has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or not in accordance with the
User Agreement, AHPL has the right to indefinitely suspend or terminate your
membership and refuse to provide you with access to the Site.
Pricing
Information
While AHPL
strives to provide accurate product and pricing information, pricing or
typographical errors may occur. AHPL cannot confirm the price of a service until
after you submit your request. In the event that a service is listed at an
incorrect price or with incorrect information due to an error in pricing
information, AHPL shall have the right, at our sole discretion, to refuse or
cancel any request(s) placed for that service, unless the service has already
been received/availed by the member. Unless the /service requested by you has
been received by you, your offer will not be deemed accepted and AHPL will have
the right to modify the price of the product and contact you for further
instructions using the e-mail address provided by you during the time of
registration, or cancel the order and notify you of such cancellation.
The payment may
be processed prior to AHPL’s rendering of the service that you have requested.
If we have to cancel the request after we have processed the payment, the said
amount will be reversed back to your credit/debit card/ bank account, in
accordance to our ‘refund policy.’
Cancellation by
AHPL
Please note that
there may be certain requests that we are unable to accept and must cancel. We
reserve the right, at our sole discretion, to refuse or cancel any request for
any reason. Some situations that may result in your offer being rejected include
limitations on quantities available for purchase, inaccuracies or errors in
product or pricing information, or problems identified by us. We may also
require additional verifications or information before accepting any request. We
will contact you on the email id provided at the time of registration if all or
any portion of your request is cancelled or if additional information is
required to accept your request. If we have to cancel the request after we have
processed the payment, the said amount will be reversed back to your
credit/debit card/ bank account, in accordance, in accordance with our refund
policy.
Cancellations by
the customer
In case we
receive a cancellation notice and the request has not been processed/approved by
us, we shall cancel the coupon. On cancellation of a request after it has been
processed / approved by AHPL, the cancellation charges of Rs. 300/- (Rupees
Three Hundred Only) will become applicable as per the scope defined in specific
agreement. AHPL has the full right to decide whether a request has been
processed prior cancellation. The customer agrees not to dispute the decision
made by AHPL and accept AHPL decision regarding the cancellation.
Third Party
Products
Along with the
other terms and conditions, these additional terms are applicable in case you
have availed any services not approved by AHPL. In other words these additional
terms and conditions are applicable in case you avail services offered by AHPL
or by its third party vendors.
You understand
and agree that there may be certain products, which will be sold on the Site by
third party vendors (‘Vendors’). AHPL may not be able to control the
transactions or the acts and omissions of the Vendors in such transactions. When
you buy such products from Vendors on the Site the following additional terms
and conditions will become applicable:
AHPL is not
responsible for any non-performance or breach of any contract entered into
between you and the Vendor. AHPL cannot and does not guarantee that the Vendors
will perform any transaction concluded on the Site.
AHPL does not
make any representation or warranty as to the attributes (such as quality,
worth, marketability etc.) of the items or services proposed to be sold on the
Site by the Vendor. In particular, AHPL does not implicitly or explicitly
support or endorse the sale of any items or services on the Site.
AHPL accepts no
liability for any errors or omissions, whether on behalf of itself or third
parties. You release and indemnify AHPL and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Vendors on the Site and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, AHPL cannot control the information provided
by other Vendors, which is made available on the Site. You may find other
Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and practice safe trading when using the Site. Please
note that there are also risks of dealing with foreign nationals, underage
persons or people acting under false pretence. All other terms and conditions of
this User Agreement are applicable to such transactions.
Credit/debit card
Details
You agree,
understand and confirm that the credit/debit card details provided by you for
availing of services on AHPL will be correct and accurate and you shall not use
the credit/debit card which is not lawfully owned by you. I.e. in a credit/debit
card transaction, you must use your own credit/debit card. You further agree and
undertake to provide the correct and valid credit/debit card details to AHPL.
Further the said information will not be utilized and shared by AHPL with any of
the third parties unless required by law, regulation or court order. AHPL will
not be liable for any credit/debit card fraud. The liability for use of a card
fraudulently will be on you and the onus to 'prove otherwise' shall be
exclusively on you. You may please note that AHPL does not store any information
of your credit/debit card neither in its systems nor its applications nor its
databases and neither AHPL nor its employees have any access to this
information.
Fraudulent
/Declined Transactions
AHPL reserves the
right to recover the cost of product/service, collection charges and lawyers’
fees from persons using the Site fraudulently. AHPL reserves the right to
initiate legal proceedings against such persons for fraudulent use of the Site
and any other unlawful acts or acts or omissions in breach of these terms and
conditions.
Electronic
Communications
When you visit
the Site or send emails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate
with you by email or by posting notices on the Site. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
You agree and
confirm
• That in the
event that a non-delivery occurs on account of a mistake by you (i.e. wrong name
or address or any other wrong information) any extra cost incurred by AHPL for
redelivery shall be claimed from you.
• That you will
use the services provided by AHPL, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and
regulations while using the Site and transacting on the Site.
• You will
provide authentic and true information in all instances where such information
is requested of you.
AHPL reserves the
right to confirm and validate the information and other details provided by you
at any point of time. If upon confirmation your details are found not to be true
(wholly or partly), AHPL has the right in its sole discretion to reject the
registration and debar you from using the Services of AHPL and / or other
affiliated websites without prior intimation whatsoever.
• That you are
accessing the services available on this Site and transacting at your sole risk
and are using your best and prudent judgment before entering into any
transaction through this Site.
That the address
at which delivery of the product/service ordered by you is to be made will be
correct and proper in all respects.
• That before
placing a request you will check the product description carefully. By placing
an order for a product you agree to be bound by the conditions of sale included
in the item's description.
You may not use
the Site for any of the following purposes:
1. Disseminating
any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
2. Transmitting
material that encourages conduct that constitutes a criminal offence results in
civil liability or otherwise breaches any relevant laws, regulations or code of
practice.
3. Gaining
unauthorized access to other computer systems.
4. Interfering
with any other person's use or enjoyment of the Site.
5. Breaching any
applicable laws;
6. Interfering or
disrupting networks or web sites connected to the Site.
7. Making,
transmitting or storing electronic copies of materials protected by copyright
without the permission of the owner.
Display Colours
and Appearances
We have made
every effort to display the colours of our products that appear on the Site as
accurately as possible. However, as the actual colours you see will depend on
your monitor, we cannot guarantee that your monitor's display of any colour will
be accurate
Modification of
Terms and conditions of Service
AHPL may at any
time modify the User Agreement without any prior notification to you. You can
access the latest version of the User Agreement at any given time on
www.AHPLndia.com. You should regularly review the User Agreement on
www.AHPLndia.com. In the event the modified User Agreement is not acceptable to
you, you should discontinue using the service. However, if you continue to use
the service you shall be deemed to have agreed to accept and abide by the
modified User Agreement.
Governing Law and
Jurisdiction
This User
Agreement shall be construed in accordance with the applicable laws of India.
The Courts at Mumbai shall have exclusive jurisdiction in any proceedings
arising out of this agreement.
Any dispute or
difference either in interpretation or otherwise, of any terms of this User
Agreement between the parties hereto, the same shall be referred to an
independent arbitrator who will be appointed by AHPL and its decision shall be
final and binding on the parties hereto. The above arbitration shall be in
accordance with the Arbitration and Conciliation Act, 1996 as amended from time
to time. The arbitration shall be held in Mumbai. The Courts at Mumbai alone
shall have the jurisdiction and the Laws of India shall apply.
Reviews,
Feedback, Submissions
All reviews,
comments, feedback, , suggestions, ideas, and other submissions disclosed,
submitted or offered to AHPL on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively, the
‘Comments’) shall be and remain AHPL property. Such disclosure, submission or
offer of any Comments shall constitute an assignment to AHPL of all worldwide
rights, titles and interests in all copyrights and other intellectual properties
in the Comments.
Thus, AHPL owns
exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments.
AHPL will be
entitled to use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way. AHPL is
and shall be under no obligation
(1) To maintain
any comments in confidence;
(2) To pay you
any compensation for any comments; or
(3) To respond to
any comments.
You agree that
any comments submitted by you to the Site will not violate this policy or any
right of any third party, including copyright, trademark, privacy or other
personal or proprietary right(s), and will not cause injury to any person or
entity.
You further agree
that no Comments submitted by you to the Site will be or contain libellous or
otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings or any form of ‘spam’. AHPL does not regularly review posted
Comments, but does reserve the right (but not the obligation) to monitor and
edit or remove any Comments submitted to the Site. You grant AHPL the right to
use the name that you submit in connection with any Comments. You agree not to
use a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of any Comments you submit. You are and shall remain
solely responsible for the content of any Comments you make and you agree to
indemnify AHPL and its affiliates for all claims resulting from any Comments you
submit. AHPL and its affiliates take no responsibility and assume no liability
for any Comments submitted by you or any third party.
Copyright and
Trademark
AHPL and its
suppliers and licensors expressly reserve all intellectual property rights in
all text, programs, products, processes, technology, content and other
materials, which appear on this Site.
Access to this
Site does not confer and shall not be considered as conferring upon anyone any
license under any of AHPL or any third party's intellectual property rights. All
rights, including copyright, in this website are owned by or licensed to AHPL.
Any use of this website or its contents, including copying or storing it or them
in whole or part, other than for your own personal, non-commercial use is
prohibited without the permission of AHPL. You may not modify, distribute or
re-post anything on this website for any purpose.
The AHPL names
and logos and all related product and service names, design marks and slogans
are the trademarks or service marks of Alinea Healthcare Private Limited [Formerly known
as Alinea Healthcare India Private Limited]. All other marks are the property of
their respective companies. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does
not authorize anyone to use any name, logo or mark in any manner.
References on
this Site to any names, marks, products or services of third parties or
hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply AHPL endorsement,
sponsorship or recommendation of the third party, information, product or
service.
AHPL is not
responsible for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such sites. If
you decide to link to any such third party websites, you do so entirely at your
own risk.
All materials,
including images, text, illustrations, designs, icons, photographs, programs,
music clips or downloads, video clips and written and other materials that are
part of this Site (collectively, the ‘Contents’) are intended solely for
personal, non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Site for your personal use only. No
right, title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in any way,
in whole or in part, any of the Contents, the Site or any related software. All
software used on this Site is the property of AHPL or its suppliers and
protected by Indian and international copyright laws. The Contents and software
on this Site may be used only as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display, or performance, of the Contents on this Site is strictly prohibited.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned, controlled or licensed by AHPL, one of
its affiliates or by third parties who have licensed their materials to AHPL and
are protected by Indian and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on this Site
is the exclusive property of AHPL and is also protected by Indian and
international copyright laws.
Objectionable
Material
You understand
that by using this Site or any services provided on the Site, you may encounter
Content that may be deemed by some to be offensive, indecent, or objectionable,
which Content may or may not be identified as such. You agree to use the Site
and any service at your sole risk and that to the fullest extent permitted under
applicable law, AHPL and its affiliates shall have no liability to you for
Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to
defend, indemnify and hold harmless AHPL, its employees, directors, officers,
agents and their successors and assigns from and against any and all claims,
liabilities, damages, losses, costs and expenses, including attorney's fees,
caused by or arising out of claims based upon your actions or inactions, which
may result in any loss or liability to AHPL or any third party including but not
limited to breach of any warranties, representations or undertakings or in
relation to the non-fulfilment of any of your obligations under this User
Agreement or arising out of the your violation of any applicable laws,
regulations including but not limited to Intellectual Property Rights, payment
of statutory dues and taxes, claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the expiry or
termination of this User Agreement.
Termination
This User
Agreement is effective unless and until terminated by either you or AHPL. You
may terminate this User Agreement at any time, provided that you discontinue any
further use of this Site. AHPL may terminate this User Agreement at any time and
may do so immediately without notice, and accordingly deny you access to the
Site, Such termination will be without any liability to AHPL. Upon any
termination of the User Agreement by either you or AHPL, you must promptly
destroy all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the User Agreement or
otherwise. AHPL’s right to any Comments shall survive any termination of this
User Agreement. Any such termination of the User Agreement shall not cancel your
obligation to pay for the service already availed from the Site or affect any
liability that may have arisen under the User Agreement.
Limitation of
Liability and Disclaimers
The Site is
provided without any warranties or guarantees and in an ‘As Is’ condition. You
must bear the risks associated with the use of the Site.
The Site provides
content from other Internet sites or resources and while AHPL tries to ensure
that material included on the Site is correct, reputable and of high quality, it
cannot accept responsibility if this is not the case. AHPL will not be
responsible for any errors or omissions or for the results obtained from the use
of such information or for any technical problems you may experience with the
Site. This disclaimer constitutes an essential part of this User Agreement. To
the fullest extent permitted under applicable law, AHPL shall not be liable for
any indirect, incidental, special, incidental, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses arising out of or in connection with the
Site, its services or this User Agreement.
Without prejudice
to the generality of the section above, the total liability of AHPL to you for
all liabilities arising out of this User Agreement is limited to the value of
the service offered to you. AHPL, its associates and technology partners make no
representations or warranties about the accuracy, reliability, completeness,
correctness and/or timeliness of any content, information, software, text,
graphics, links or communications provided on or through the use of the Site or
that the operation of the Site will be error free and/or uninterrupted.
Consequently, AHPL assumes no liability whatsoever for any monetary or other
damage suffered by you on account of the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are
prohibited from violating or attempting to violate the security of the Site,
including, without limitation,
(a) Accessing
data not intended for you or logging onto a server or an account which you are
not authorized to access;
(b) Attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
(c) Attempting to
interfere with service to any other user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
‘flooding,’ ‘spamming,’ ‘mail bombing’ or ‘crashing;’
(d) Sending
unsolicited email, including promotions and/or advertising of products or
services; or
(e) Forging any
TCP/IP packet header or any part of the header information in any email or
newsgroup posting.
Violations of
system or network security may result in civil or criminal liability. AHPL will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site other than the search engine
and search agents available from AHPL on this Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
Entire Agreement
If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and AHPL with respect to
the AHPL sites/services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and AHPL with respect to the AHPL sites/services. AHPL's failure to act with
respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.
Privacy Policy
We do not sell or
rent your personal information to third parties for their marketing purposes
without your explicit consent and we only use your information as described in
the privacy policy. We view protection of your privacy as a very important
community principle. We understand clearly that you and Your Information is one
of our most important assets. We store and process Your Information on computers
located in India that are protected by physical as well as technological
security devices. We use third parties to verify and certify our privacy
principles. If you object to your Information being transferred or used in this
way please do not use the Site.
The medical
reports, test reports, scan copies etc. uploaded on this
https://www.carenine.in/ domain by the member/ user who entitles to avail the
CareNine Program (a pregnancy care program which assists members with
information and access to pregnancy-related counselling services). These reports
are uploaded for the reference and information purpose for the experts to
evaluate the medical condition of the member/user and counsel the member.
Neither Alinea Healthcare Private Limited (“AHPL”), nor any its employees,
officers, directors, contractors, experts, subcontractors, consultants or their
respective employees or representatives, makes any warranty, express or implied,
or assumes any legal liability or responsibility for the accuracy, completeness,
of aforementioned reports. A member/user is and continues to remain liable for
the accuracy, completeness of the reports uploaded. Any claim arising out of
incorrect reports and its scan copies / information contained therein, is sole
responsibility of a member. AHPL shall not be held accountable or liable for
information in the reports. The member/ user hereby waive his/her rights to
forward any claim, suit, litigation or damages against AHPL for any reason or
concerning any matter whatsoever.
Call Recording:
You consent to recording of the calls by AHPL for all communications pertaining
to the services; this is for quality and internal training/monitoring purpose.
We do not share your personal information to third parties without your explicit
consent and we only use your information as described in the privacy policy.
However, you can, at your option, withdraw the consent by communicating in
writing at any time during the Program.
Contact Details:
You may contact
us at:
Alinea Healthcare Private Limited,
Unit 5, 4th floor, Awfis,
Skyline Icon, Andheri - Kurla Road,
Chimatpada, Marol, Andheri East,
Mumbai, Maharashtra- 400059, India.