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TERMS AND CONDITIONS

All the terms and conditions inscribed hereunder, together with the privacy policy available at https://Swasthh.com/privacy (“Privacy Policy”), voucher-specific terms and conditions (“Voucher T&Cs”), any other policies that may be notified from time to time and any disclaimers that may be available on the websitehttps://www.swasthh.com/(“Swasthh Website”),  shall constitute the agreement (the “Agreement” or “Terms of Use”) between Swasthh Medical Services, a Partnership firm,having its registered office at D-47, Kaushambi, Ghaziabad, Uttar Pradesh -201010 and the registered individual user who has a valid and existing membership  of Swasthh/Swasthh  or any other service provided by the firm (“Services”)  (“ Member” or “you”). “Swasthh” / “Swasthh” service/ plan/ membership is brought to you by Swasthh Medical Sevices. If you are accessing and using the Services through Swasthh by Swasthh mobile Website, then this Agreement will continue to apply to such access and use as well. In addition, there may be additional terms (which includes but not limited to the terms imposed by mobile application stores and/or the terms updated on the Swasthh which will govern the use of the mobile application.  Firm and you may also be referred to together as “Parties” or individually as “Party” in course of the Agreement.

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  1. By using any of the Services, you agree to these Terms of Use and you agree to be bound by these Terms of Use and use the Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OR ALL OF THE TERMS OF THE AGREEMENT, DO NOT CHECK/CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO ACCESS OR USE ANY SERVICES. You expressly represent and warrant that you will not use these Services if you do not understand, agree to become a party to, and abide by all of the Terms of Use. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any right(s) to any third party or any other person.

  2. Swasthh helpdesk can be contacted anytime from 8 am till 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays. The helpdesk contact number is +91-9667785867.

  3. It is hereby declared that the firm is not a merchant, manufacturer, or provider of medical services, save for its provision of virtual health services. Firm makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Firm also does not authorize anyone to make any warranty on Firm’s behalf. Firm and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time. SERVICES OFFERED BY The firm ARE NOT HEALTH INSURANCE POLICIES. The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.

  1. The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of the firm and/or its parents, subsidiaries or affiliates. The firm does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, the firm does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The firm shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.

  2. You shall not deliberately use the Services in any way that is unlawful or harms the firm or Medical Service Providers, Firm’s directors, employees, affiliates, distributors, partners, service providers and/or other Members. If the firm suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights the firm may have, the firm reserves the right to inform the relevant government or law enforcement authorities. The firm will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

  3. The firm reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Firm and update information from time to time.

  4. By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Firm or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. Further, you hereby unconditionally give your consent to Firm or its representatives to send you welcome kit via SMS/Email/Whatsapp/Physical mode or any other mode at the sole discretion of the firm and You have no objection to the same. You agree that your mobile number as provided by You shall be used as your default mobile number for receiving welcome kit whether through SMS/Whatsapp. It is your responsibility to ensure that the contact details provided by you is correct.

  5. Coupons / voucher /offers / services issued to you by Firm as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME.

  6. Any voucher offered by Firm may be issued in such manner and form, whether paper, electronic or otherwise, as Firm deems fit. The right to utilize the voucher shall vest with an active member, subject to a condition that the voucher is utilized before its expiry date. In exceptional cases, some vouchers/ offers/services may be redeemed by/ made available by customers who are not Members; subject to the sole discretion of Firm. In such case, the non Member is deemed to have agreed and accepted the terms and conditions of the Agreement.

  7. Any advice provided by any Medical Service Provider or the virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither Firm nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or virtual health service to you.

  8. The Service offered by Firm and Medical Service Provider are provided on “As Is” and “As Available” basis and  may be subject to certain limitations Consequently in no event shall Firm and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Firm in any manner whether or not Firm has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Firm for the Services in the 12 months preceding the cause of action. You specifically agree and understand that neither Firm nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm.

  9. The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Firm. Firm shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or nonmedical, professional or non-professional of any Medical Service Provider for any reason whatsoever.

  10. Firm is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Firm may deem fit.

  11. Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.

  12. The Terms of Use, any Specific Service Terms, the Medical Service Providers’ own terms of service and the Services may periodically change, thus you are hereby requested to call our customer service call center or visit our website to check these before making an appointment.

  13. MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Firm, you will become a Member and will be entitled to the Services during from such date until the date of expiry stated on the firm’s membership card which will be sent to you.

  14. CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the firm or sending an email within first 14 days of receiving the welcome kit from the firm and the amount paid by the member shall be refunded by the way of electronic transfer or account payee cheque. Post the expiry of the 14 days, from the date of receipt of welcome kit by the Member, no refund shall be made to the Member, in any case whatsoever.

  15. RENEWAL OF MEMBERSHIP: Members may be informed by Firm about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Firm receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Firm is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Firm is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Firm receives full payment for your membership for the next term.

  16. RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.

  17. LOST CARD: In case of loss of membership card, for any reason whatsoever, Firm will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card.  You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to help desk.

  18. COMPLAINTS: Members are advised to address their complaints, if any, to our representatives through the contact number or email id provided on the firm’s Website. However if you are not satisfied with the representatives response(s), you may write to us at our registered office address or mail us at infoswasthh@gmail.com. Member’s rights or duties under these Terms of Use may not be assigned or delegated without the prior express written consent of the firm.

  19. Firm reserve the right to modify the Terms of Use at any time without giving you any prior notice. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services or to particular Services are also considered part of these Terms of Use. By agreeing to these Terms of Use, you also agree to the specific terms of use of the specific Services, which are available at https://www.swasthh.com/

  20. THIRD PARTY LINKS: You may be provided with links on the firm’s website that directs you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should you decide to click on the links to visit such Third Party Website, you do so of your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Firm is not responsible for your use of any Third Party Websites. Firm does not endorse any Third Party Websites that you may be directed to from the firm’s Website.

  21. INTELLECTUAL PROPERTY: Firm respects the intellectual property rights of others, and it expect the same from you. All the content on Firm’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the firm’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Firm or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Firm to you in respect of such works. Firm and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package.

  22. “Swasthh”, “Swasthh by Swasthh Medical Services are the trademark and copyright (or any other intellectual property right) of the firm and/or its Parent Entity. Any use of these trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Firm and may be actionable under the applicable laws. When you use the firm’s website in accordance with this Agreement, a limited royalty-free right is granted to you by Firm for personal and non-commercial use in India for the time that you are Member. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise. You hereby agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the firm, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership on Firm’s website as well as the product/coupon/voucher/package.

  1. REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that 

    1. You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will 

      1. ensure that the minor person observes and complies with the Terms of Use and 

      2. assume full liability for any non-compliance or violation of the Terms of Use by the minor in a way that any  non-compliance or violation by the minor person shall be deemed to have been committed by You.

    2. All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;

    3. You will use the Services solely for your personal and non-commercial use; and

    4. You will not use the Services in any way that is unlawful or harms any person or entity.

  1. INDEMNIFICATION: You hereby indemnify, defend, and hold Firm, Firm’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.

  2. TERMINATION: Firm reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and/or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the firm’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Firm shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Firm in connection with such suspension or termination.

  3. GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator appointed by the firm. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. However, the Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

  4. GENERAL PROVISIONS:

    1. If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

    2. All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

    3. If to the firm:

      1. at Firm’s service email id i.e. infoswasthh@gmail.com;  ii. by sending physical mails at D-47, Kaushambi,Ghaziabad, Uttar Pradesh

    4. If to you: 

      1. at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the firm.

    5. No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

    6. Complete Understanding. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

    7. Force Majeure. Firm shall not be liable for any deficiency or delay in Service caused by circumstances beyond Firm’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

    8. In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, Voucher T&Cs and any other policies applicable to Services, the following order of prevalence shall apply: (i) the Terms of Use (ii) the Privacy Policy (iii) Voucher T&Cs (iv) any other policies applicable to Services.

Terms of Use: Tele / Video Consultation services (Virtual health services)

  1. Firm may have to collect your identifiable health information including physical, physiological and mental health condition, and medical records and history as part of Firm’s virtual health services. The use of your sensitive personal information which includes your health information will be governed by Firm’s Privacy Policy. When you click or check on the ‘I accept’/ ‘I agree’ tab at the time of registering or otherwise provide your personal information, you specifically consent to Firm’s Privacy Policy.

  2. Firm does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic

  3. You understand and agree that any interactions and associated issues with the healthcare practitioners over an audio-visual medium, such as in the case of Firm’s virtual health services, has inherent limitations as compared to physical consultation such as: without limitation:

    1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.) ;

    2. There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;

    3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;

    4. The health care practitioner may, in his or her sole discretion and professional judgment, determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through Firm’s virtual health service.

If you decide to use Firm’s virtual health service, you do so in full awareness of such limitations.

  1. Firm has undertaken basic due diligence at the time of engaging a healthcare practitioner for its virtual health service such as checking his/her medical council registration.

  2. Firm does not warrant that the healthcare practitioners engaged for the purpose of providing virtual health services shall be possessed of any particular skill or qualification other than what is expressly communicated to you by the firm.

  1. You hereby agree that you shall strictly adhere to the advise and instruction received by you under the virtual health services.

  2. You shall inform, or arrange to inform, help desk as soon as possible if a medical emergency develops or in the unfortunate event of death.

  3. You agree that Firm may record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law or as allowed under the Privacy Policy

  4. Before using virtual health services, you agree that you are aware and understand that:

    1. Virtual health services are not intended to replace existing primary physician relationship.

    2. Medical services rendered by health care practitioners under virtual health service are subject solely to their professional judgment.

    3. It is not necessary that medication will be prescribed to you. The health care practitioner may prescribe medications when medically indicated in their sole professional judgment..

    4. No Schedule X drugs (i.e. psychotropic and other mind altering drugs) shall not be prescribed to you because of their potential for abuse. 

    5. Use of Firm’s virtual health service is not for emergencies. You will not use Firm’s virtual health services for medical emergencies except when no other alternative is available. Firm hereby clarifies that its virtual health services is not intended to support medical emergency cases.

    6. Certain treatments and services are not suitable for virtual health services or might not be available or may be limited under the applicable telemedicine practice guidelines, laws and regulations. Moreover, Medical Services Provider may, at their own professional discretion, advise you that a condition, treatment or medication may not be suitable for virtual health services.

    7. In certain cases, the Medical Services Provider may require seeing the patient, whether physically or virtually (i.e. via video), before diagnosing, providing treatment and/or prescribing certain medicines. In the event the Medical Service Provider is unable to see the patient, the Medical Service Provider may discontinue the consultation and/or the service.

    8. Members or any third party(ies) agree that they shall not make the firm or the concerned Medical Service Provider liable for such actions.

  1. Firm DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY AND/OR LIABILITY FOR (I) THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF THE VIRTUAL HEALTH SERVICES (II) ACCURACY OR

  2. COMPLETENESS OF THE PROFESSIONAL OPINION OF HEALTHCARE PRACTITIONERS WHO INTERACT WITH MEMBERS AS PART OF VIRTUAL HEALTH SERVICES (III) TIMELY TRANSMISSIONS OF DATA.

  1. Firm EXPRESSLY DISCLAIMS ANY LIABLITY ARISING OUT OF ANY PREEXISTING MEDICAL CONDITION, ANY ADVERSE DRUG REACTION, MEDICAL

  2. PROCEDURE RELATED CONDITION THAT IS NOT CONNECTED TO Firm, NEGLIGENCE OR MISCONDUCT OF HEALTHCARE PRACTITIONER ENGAGED BY Firm FOR VIRTUAL HEALTH SERVICES.

Terms of Use : Diagnostic services

  1. For availing certain health check facilities you need to comply with certain conditions as directed.

  2. Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Firm shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.

  3. Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the

  4. profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile voucher as A or B. The responsibility of collecting the test reports shall be on you pursuant to the redemption of voucher, and the same shall be collected from the concerned laboratory, where the test was conducted.

  1. It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service

  2. Provider. In the event of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk. 

Terms of Use : Pharmacy Vouchers/e-vouchers

  1. For availing pharmacy voucher/e-voucher benefits you need to comply with Voucher T&Cs and terms as detailed below.

  2. The pharmacy voucher/e-voucher shall entitle you to order medicines ONLY and not the toiletries, cosmetics, FMCG products or the products of similar kind. 

  3. The pharmacy voucher/e-voucher is applicable only at retail pharmacy outlets and not acceptable on at Hospital based pharmacies.

  4. For prescription based medicine orders, a valid prescription from an authorised doctor is required for the fulfilment of the order. 

  5. Payments for the order value exceeding the denomination value of the voucher/e-voucher shall be paid by you at the time of availing the voucher/e-voucher. If the order value is less than the denomination value of the voucher/e-voucher, then the balance amount shall be forfeited and cannot be refunded or adjusted in any manner whatsoever. The voucher/ evoucher is valid for single transaction only and cannot be clubbed with any other offer or discount.

  6. The delivery and/or COD charges shall be borne by you and shall vary from pharmacy to pharmacy.

  7. All orders shall be placed at least 7 working days before the end of the validity period of the voucher/e-voucher.

  8. The usage of the voucher/e-voucher is at your sole discretion. The voucher /e-voucher is not redeemable for cash or credit. 

  9. Any sale of the medicines by the pharmacy will be as per the applicable Indian Drugs and Cosmetic Act 1940.

  10. Firm holds no responsibility for any misrepresentation and/or over-charging of any amount in excess of Maximum Retail Price (MRP) of products and/or for any direct or indirect damage, loss, or health problems that may arise from the use of any products offered by the pharmacy. 

  11. Fulfilment of orders is subject to availability of product(s) at the time of processing the order. 

Terms of Use : Healthcare @ Home services

  1. The Healthcare@home services shall enable you to avail certain healthcare related services at your doorstep depending upon your requirements and/or medical diagnosis as well as the type of the medical services being provided by the Service Provider, subject to the  availability of services by the Service Provider (hereinafter collectively referred to as “Services”).

  2. Nursing pricing shall be based on the gravity of the case/ illness and the level of severity.

  3. To avail of the firm’s Healthcare@home services, you shall be required to contact Firm by calling the relevant help-desk number (“Helpdesk”) between 8 am and 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays.

  4. You hereby agree that the payment shall be made through debit card/ credit card to the Service Provider, and the same shall be credited into the bank account designated by the Service Provider before availing the services.

  5. Once the request for the appointment is generated by you, Firm’s representative shall call you to confirm the appointment within 24 (twenty four) [working] hours from the receipt of the request for such appointment with the concerned Specialist. Once the appointment is confirmed, the Specialist shall visit at the address provided by you to Firm’s representative while fixing the said appointment.

  6. Any of the offers for availing of the Services cannot be clubbed with any existing offers and schemes or with any other offers or schemes provided by the firm, at any given point of time. It is hereby clarified that the confirmation for the appointment for availing the Services shall at all times be subject to the availability of the Specialist(s).

Terms of Use : EMI Facility

  1. Interest rate/ processing fee charged by the credit card holder’s credit card issuing bank is to be borne by the credit card holder only.

  2. All applicable interest/processing fee charges are levied by the credit card’s transactional bank, Firm has no accountability whatsoever, on the levied charges.

  3. In case of cancellation, Firm’s cancellation policy will be applicable, and in case of approval of cancellation, Firm shall only refund the Swasthh Firm product’s standard amount & shall not be responsible for reversing or refunding any interest /processing fee charged by the credit card holder’s credit card issuing bank.

  4. The EMI amounts displayed / indicted for the membership is of tentative nature in lieu of approximate calculation. The actual EMI amount as per selected tenure might vary as per interest charged by the credit card issuing bank(s), & Firm shall not bear any and all accountability for any such change in interest / processing fees charged by the credit card issuing bank for any transaction done for purchase of Firm’s product(s).

 

Terms & Conditions: Referral Campaign

 

  1. Swasthh Medical Services (hereinafter referred to as "Swasthh”, which expression shall mean and include its successors and permitted assigns) has come up with a Referral Campaign for all existing Swasthh Customers and Swasthh Employees (hereinafter referred to as ‘Participant’ or ‘You’).

  2. By participating in this Referral Campaign, You agree to be legally bound by and abide by the below stated terms & conditions (T&Cs). These T&Cs are a binding agreement between Swasthh and You. You confirm and acknowledge that you have read, understood and agreed to conform to these T&Cs.

  3. If you do not agree to these T&Cs, please do not participate in this Referral Campaign. Swasthh reserves the right to amend, modify, change, add or terminate these T&Cs or discontinue this Referral Campaign without any further notice.

  4. This Referral Campaign is valid from 3rd Dec , 2020 at 00:00:00 hours till 31st Jan 2021 at 23:59:59 hours (both days included) for Swasthh Members and from 3rd Dec, 2020 at 00:00:00 hours till 31st Dec 2020 at 23:59:59 hours (both days included) for Swasthh Employees, (hereinafter referred to as ‘Referral Campaign Period’). The participation in the Referral Campaign is open only for the Referral Campaign Period.

  5. This Referral Campaign is exclusively for existing Swasthh Members and Swasthh Employees (‘Participants’) as on date of start of the Referral Campaign.

  6. In the Referral Campaign, the Participants who wish to participate shall give referrals to Swasthh who in turn will follow up with such referrals. The top 3 Swasthh Members and top 3 Swasthh Employees whose maximum referrals converts into Qualified Referrals (defined hereinafter) becomes eligible for Incentive. Any such top 3 Swasthh Members and top 3 Swasthh Employees shall be shortlisted by Swasthh purely on the basis of highest number of conversion of their referrals. The referrals to be shared by the Participants needs to be of non Swasthh Members (hereinafter referred to as ‘Campaign’ or ‘Referral Campaign’).

  7. The Qualified Referrals means any conversions from referral to lead i.e. any referral who becomes member of Swasthh within Referral Campaign Period and which surpasses 14 days’ of cancellation period as per the Terms of Use which are to be complied with by all such Qualified Referrals.

  8. Swasthh shall in no case whatsoever be liable to any Participant for not being able to avail the Campaign due to any circumstances whatsoever.

  9. The Incentive to be given to the top 3 Swasthh Members and top 3 Swasthh Employees will be announced by 15th February, 2021 The winners shall be announced by Swasthh in its sole discretion. The top 3 winners from Swasthh Members and Swasthh Employees shall be entitled to reward worth INR 5,000, INR 3,000 and INR 1,000 respectively. The reward will be in form of Vouchers or any utility item of similar price range but not cash (hereinafter referred to as “Incentive/Referral Reward”).

  10. Post selection of winners, the results will be announced via email or any other mode of communication and winners will be contacted by Swasthh executive.

  11. Swasthh reserves the right to disqualify any Participant from participation in this Campaign without any obligation to furnish any notice and/or reason.

  12. The Incentive/Referral Reward is not transferable, exchangeable for cash or any other items.

  13. By participating in the Campaign, the Participant is deemed to have accepted and agreed to be bound by these T&Cs and any other instructions, terms and conditions that Swasthh may issue from time to time.

  14. After announcement of winners, Swasthh shall make 1st (First) attempt within 48 working hours after completion of announcement period to contact the winner on their registered mobile number (as per Swasthh’s records) to inform about the Incentive/Referral Reward and the process of claiming the Incentive/Referral Reward. Swasthh shall make total of two attempts to contact the winners.

  15. The Incentive/Referral Reward will be forfeited and the winner agrees to surrender the Incentive/Referral Reward if:

    1. The winner does not get contacted after two attempts; or

    2. The winner does not claim the Incentive/Referral Reward.

  1. The Qualified Referrals shall comply with the Terms of Use as available on https://www.swasthh.com/Terms

  2. By participating in this Referral Campaign, You have given Swasthh the right to contact your referral by any means of communication including whatsapp as per the contact details shared by You.

  3. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the all material or content related to the Referral Campaign shall remain, at all times, owned by Swasthh. All such material or content contained is made available for Participant’s personal and non-commercial use only.

  4. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but  not  limited  to,  meeting  of  the  Participant's  requirements or aspirations, timeliness, security, the results or reliability of the Referral Campaign, delay in sending or receiving the communication by any means for participating in the Referral Campaign, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Referral Campaign or any transactions effected through the Referral Campaign; (b) The Participant expressly agree that his/her participation in the Referral Campaign is at his/her sole risk and is governed by the T&Cs herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS/emails/ whatsapp/App, as applicable, shall be construed to mean the giving of any warranty of any kind.

  5. The Incentive/Referral Reward under this Campaign are neither assignable nor transferable under any circumstance, unless specifically provided hereunder.

  6. The Incentive/Referral Reward to the winners shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Incentive/Referral Reward and on production of all such documents/papers as may be required by Swasthh. Any failure on the part of the winner(s) to comply with directions issued by Swasthh for claim of Incentive/Referral Reward shall entitle Swasthh to forfeit the Incentive/Referral Reward.

  7. Any Participant providing any incorrect information or concealing/withholding any information from Swasthh with intent to participate and/or be chosen as the winner(s) of the Referral Campaign will automatically be disqualified from participating in it.

  8. The Participants shall indemnify and keep indemnified Swasthh and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Swasthh may incur, pay or become responsible as a result of breach or alleged breach of the obligations of the Participants under the T&Cs hereunder, any failure by the Participants to comply with applicable law and any third party claim in respect of misuse of any information of a third party by the Participants. Swasthh shall have the right to defend itself, pursuant to this clause, at the cost of the Participants. Swasthh and its respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Participant(s) and/or winner(s) or any third party, in connection with the Referral Campaign.

  9. It is expressly provided that any person who is not a party to these T&Cs shall have no right to enforce or receive any benefit of these T&Cs.

  10. All incidental costs, taxes or levies related to the Incentive/Referral Reward, if any, shall be exclusively borne by the winners, including but not limited to TDS, gift tax (if any), and any other taxes applicable by the Central, State or Municipal government.

  11. By participating in the Referral Campaign, Participants confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages via SMS / Email / Call/ Whatsapp for current and future Referral Campaigns from Swasthh.

  12. This Referral Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of Swasthh (“Force Majeure Event”). Swasthh shall not be liable for any delay or adverse effect caused to this Referral Campaign as a result of a Force Majeure Event. Swasthh shall intimate the suspension of Referral Campaign caused as a result of such Force Majeure Event to the Participants within reasonable time.

  13. This Referral Campaign is subject to guidelines/ directions issued by any applicable competent authority (Government or otherwise) from time to time.

  14. Swasthh shall not be responsible for any claims arising out of technical failures before or during the Referral Campaign or after the completion including but not limited to any technical failures causing delay in sending or receiving the communication for participating in the Referral Campaign and/or regarding declaration of winners, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct updates or any failures arising out of technical snags or resultant inability of the Participants.

  15. Swasthh reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Referral Campaign or any part thereof including the eligibility criteria, the T&Cs and Incentive/Referral Reward at its sole discretion, at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond its control and the same shall be binding on the Participants.

  16. Failure by Swasthh to enforce any of its rights at any stage does not constitute a waiver of those rights. Further, Swasthh may assign any of its rights within the Referral Campaign to any party without prior intimation to Participants.

  17. Swasthh does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants.

  18. The winners understand and agree that Swasthh, its directors, members and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a winner and/or any third party, directly or indirectly, by use or non-use of the Incentive.

  19. Apart from the entitlement to the Incentive/Referral Reward, the winners or their legal heirs/successors/representative will have no other rights or claims against Swasthh. Maximum aggregate liability of Swasthh shall not exceed value of the Incentive/Referral Reward that a winner is entitled to in case of any dispute with said winner in pursuance to the T&Cs herein.

  20. The Participant/winner hereby provides his/ her irrevocable consent for sharing /submission of his/her personal information and of their referrals to Swasthh, and subsequent use by Swasthh of such information for lawful purposes as per its discretion.

  21. Post winners declaration and completion of their announcement and further process, as the case may be, if Swasthh finds that the declared winners are wrongly stated, then Swasthh reserves the right to declare the correct winners again and cancel the Incentive/Referral Reward of winners declared earlier.

  22. You can refer to Firm’s Privacy Policy here

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