Terms of Use

This document constitutes an electronic record under the Information Technology Act, 2000 (“IT Act”) and the provisions related to electronic records in various statutes as amended by the IT Act. It is published in compliance with applicable laws, including the Consumer Protection (E-Commerce) Rules, 2020, which mandate the publication of rules, regulations, Privacy Policy, and terms and conditions for accessing or using the website. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Welcome to SJM-Unipath Laboratory, available at www.sjmunipath.in (hereinafter referred to as the “Website”), and/or on any mobile application or other digital platform developed or sourced by Dr. SANJAY MEHTA UNIPATH SPECIALITY LABORATORY PRIVATE LIMITED (collectively referred to as the “Platform”).

The content of this Platform is owned by Dr. SANJAY MEHTA UNIPATH SPECIALITY LABORATORY PRIVATE LIMITED, with its registered office located at 6 Ground floor, 49 BG Kher Marg, Malabar Hill, Mumbai 400006, operating under the brand name "SJM-Unipath Laboratory" (hereinafter referred to as “SJM-Unipath Laboratory” or “the Company,” which shall, unless the context requires otherwise, include its wholly owned subsidiaries, successors, and permitted assigns). SJM-Unipath Laboratory is home to some of the leading minds in pathology in India and offers home services, ensuring quality collection and testing through its extensive network of laboratories and a dedicated team of full-time phlebotomists.

By using the Platform, you affirm that you have read and agree to be bound by the terms of this Agreement, along with any guidelines, privacy policies, rules, and additional terms referenced herein. The Terms of Use (as defined below) outline the legally binding terms governing your access to and use of the Platform, as well as our provision of the Services (as defined below).

Please read these Terms of Use carefully. Your access to the Platform and/or use of the Services (as defined below) constitutes your acceptance of all provisions of these Terms of Use and the Privacy Policy. SJM-Unipath Laboratory reserves the right to modify these Terms of Use at any time without prior notice. You are encouraged to regularly review these Terms. If you do not agree with any of the Terms of Use or any amendments made, you must refrain from accessing the Platform and/or using the Services offered by SJM-Unipath Laboratory.

SJM-Unipath Laboratory reserves the right to change or modify these Terms of Use or any policy or guideline of the Platform, including the Privacy Policy, at any time and at its sole discretion. Any changes will take effect immediately upon posting on the Platform. Your continued use of the Platform signifies your acceptance of such changes; therefore, you should regularly review these Terms of Use and applicable policies to understand the terms and conditions governing your use of the Platform. By accessing, registering, or using the Services, you agree to be legally bound by these Terms of Use and consent to our use of information as outlined in our Privacy Policy.

General Terms

Your access to or use of the Platform, transactions conducted on the Platform, and the use of Services (as defined below), hosted or managed remotely through the Platform, are governed by the following terms and conditions, along with any additional service-specific terms and conditions, other applicable policies available on our Platform, and any disclaimers present on the Platform. These documents, collectively referred to as “Terms of Use,” constitute the terms governing your access to and use of the Platform and the Services. This Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You,” “Your,” or the “User”) on one side and Dr. SANJAY MEHTA UNIPATH SPECIALITY LABORATORY PRIVATE LIMITED (“SJM-Unipath Laboratory”) on the other side. “Third Party” refers to any individual(s), company, or entity other than the User and SJM-Unipath Laboratory.

Your use of our Services is contingent upon your compliance with these Terms of Use. These Terms of Use apply to all visits to the Platform and all other applications operating under the brand name “SJM-Unipath Laboratory” by Dr. SANJAY MEHTA UNIPATH SPECIALITY LABORATORY PRIVATE LIMITED, as well as all uses of our services. This includes, but is not limited to, all associated content, information, recommendations, and services provided to you by or through our Services, as outlined on the Platform.

Your right to use the Services is non-transferable. Any password or right granted to you for accessing information or documents from the Platform is also non-transferable. SJM-Unipath Laboratory reserves the right to transfer, assign, or delegate all or any part of these Terms of Use, along with any associated rights and obligations. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of both parties.

SJM-Unipath Laboratory reserves the right to activate or deactivate any offers and promotions related to the services at any time. You agree that we may send you text notifications and marketing offers. You acknowledge that your consent to receive such communications is not a condition for making any purchase.

Eligibility

By using the Platform and/or availing yourself of the Services, you represent and warrant that you have the right, authority, and capacity to agree to SJM-Unipath Laboratory's policies regarding the Services offered and to abide by all conditions set forth herein.

Services

Diagnostic Services

Collection of Sample and Generation of Report by SJM-Unipath Laboratory

Sample collection is scheduled on the booking date of the tests. You can also reschedule the sample collection based on available times and slots.

You may experience delays in scheduled sample collection due to factors beyond SJM-Unipath Laboratory's reasonable control, including but not limited to acts of God and other causes such as fires, floods, strikes, lockouts, lockdowns, curfews, riots or civil commotion, epidemics, pandemics, COVID-related restrictions, war, changes in the legal or regulatory environment, acts of government, technical failures, political rallies, VIP movements, weather conditions, etc. Any delay or cancellation will be promptly communicated to you by SJM-Unipath Laboratory. Please check your messages, WhatsApp, and emails regularly for updates.

After sample collection, reports are typically generated within the timeline communicated to you at the time of booking; however, some tests may have longer turnaround times, which will be disclosed to you during sample booking or collection. In exceptional cases due to unforeseen circumstances, there may be delays in the release of test results. You hereby agree to accept any delays you may encounter. As such, the diagnostic Services should not be utilized in emergencies.

The turnaround time for each test mentioned on the website/app is contingent upon full payment by you to SJM-Unipath Laboratory for the tests availed. For clarification, the sample will only be processed by SJM-Unipath Laboratory upon receipt of complete payment for the tests. Any delay resulting from your failure to make complete payment will be solely your responsibility, and SJM-Unipath Laboratory shall not be liable for such delays.

SAMPLE COLLECTION AND TRANSPORATION CHARGES (C&T):-

Other Services

Radiology

Payment

Personal Information

Cancellation Policy

Retesting Policy

Refund Policy

No Liability of SJM-Unipath Laboratory

SJM-Unipath Laboratory does not represent or warrant that the content or information provided through our Services is accurate, complete, or current, nor that our services will be uninterrupted or error-free. We do not guarantee that any defects in our Services will be corrected, or that our Services or the server hosting them are free of viruses or other harmful components. SJM-Unipath Laboratory makes no warranties or representations regarding the use of materials in our Services concerning their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, to the fullest extent permitted by applicable law. Information available via our Platform and Services may reference products, programs, or services not available in your region. You understand and acknowledge that your sole and exclusive remedy for any defect in or dissatisfaction with our services is to cease using them.

Without limiting the foregoing, everything on the Platform and in the Services is provided to you "AS IS," without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SJM-Unipath Laboratory shall have no liability in connection with the Services, including but not limited to any liability for damage or injury to you or damage to your computer hardware, data, information, and business resulting from the materials or lack thereof available on the site.

Additionally, SJM-Unipath Laboratory shall not be liable for:

No Medical Advice

We Do Not Provide Medical Advice

The information you obtain or receive from SJM-Unipath Laboratory, including from its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Platform, is for informational and scheduling purposes only. THE INFORMATION ON THIS WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFORM. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF ANY INFORMATION PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE CONSTRUED AS, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Platform. If you choose to rely on any information provided by the Platform, you do so solely at your own risk.

No Doctor-Patient Relationship

The use of information provided by or through the Platform does not create a licensed medical professional/patient relationship, including but not limited to features such as "find a test," links to other sites, or any assistance we provide in helping you locate an appropriate medical professional, diagnostic center, or specialist. SJM-Unipath Laboratory makes no guarantees, representations, or warranties, whether expressed or implied, regarding the professional qualifications, expertise, quality of work, or any other information provided herein. Additionally, SJM-Unipath Laboratory does not endorse any individual mentioned in this context. In no event shall SJM-Unipath Laboratory be liable to you or any other party for any decisions made or actions taken in reliance on such information. SJM-Unipath Laboratory has no control over, and cannot guarantee the availability of, any diagnostic center at any given time. SJM-Unipath Laboratory will not be liable for canceled or unfulfilled appointments, any resulting injuries, or for any other injuries arising from the use of the Platform or Services. You are strongly advised to conduct your own investigation prior to selecting a healthcare diagnostic center, including confirming details directly with the relevant center. Any engagement with third parties, including diagnostic centers, will be on a principal-to-principal basis, based solely on your best judgment.

Indemnification

You agree to indemnify, defend, and hold harmless SJM-Unipath Laboratory and its directors, officers, employees, representatives, agents, shareholders, and affiliates (collectively, the “Indemnified Parties”) from any losses, claims, expenses, or damages incurred or anticipated as a result of:

Notification of Liability

The Indemnified Parties shall notify You as soon as reasonably practicable of any circumstance that may result in liability. However, this provision does not waive any claims by the Indemnified Parties if they fail to provide such notification, nor does it restrict them from taking necessary steps in good faith to protect themselves against potential liability or sanctions.

Limitation of Liability

To the fullest extent permitted by applicable law, SJM-Unipath Laboratory and its directors, officers, employees, representatives, agents, shareholders, affiliates, or any other parties involved in creating, producing, or delivering the Services (collectively, the “Protected Entities”) shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to Your use of, or inability to use, the Platform, its content, materials, or functions, or the Services, including any lost business, even if SJM-Unipath Laboratory has been advised of the possibility of such damages. In no event shall SJM-Unipath Laboratory's total aggregate liability to You for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the total Fee paid by You for the Services in question.

Third-Party Claims

You agree to indemnify and hold harmless SJM-Unipath Laboratory and its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any third-party claims, losses, liabilities, damages, or costs (including reasonable attorney fees) arising from Your access to or use of the Platform, violations of the Terms of Use, or infringement of any intellectual property rights of SJM-Unipath Laboratory or others. SJM-Unipath Laboratory will promptly notify You of any such claims, and in addition to Your obligations, You agree to provide reasonable assistance, at Your own expense, in defending against any such claims. The obligation to indemnify extends to all claims or losses in their entirety, including those related to breaches of the Terms of Use or negligence on Your part.

Conduct of Users

Under no circumstances shall SJM-Unipath Laboratory be liable for any defamatory, offensive, or illegal conduct of any user or customer. If You are dissatisfied with any Services provided by SJM-Unipath Laboratory, you may contact the relevant diagnostic lab or discontinue your use of the Platform and the Services offered therein.

Intellectual Property Rights

a) Copyright Infringement Policy

The Company has established the following general policy regarding copyright infringement.

b)

If the Company believes in good faith that any material on its Platform has been illegally copied, posted, uploaded, or made accessible through the Platform or Services by any advertisers, affiliates, content providers, members, or users, it will send an infringement notice and may remove or discontinue Services to the offending party.

c)

If the offender does not take the required corrective action after receiving the infringement notice, SJM-Unipath Laboratory reserves the right to take legal action by filing a suit in the appropriate court based on such infringement.

d)

The Platform, including its processes and the selection and arrangement of all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively referred to as the “Content”), is owned and controlled by SJM-Unipath Laboratory. The design, structure, selection, coordination, expression, look and feel, and arrangement of this Content are protected by copyright, patent, trademark laws, and other intellectual property rights.

e)

The Content on the Platform is owned and controlled by SJM-Unipath Laboratory, and the design and arrangement of such Content are protected by applicable laws.

f)

Unless otherwise specified or explicitly stated, SJM-Unipath Laboratory owns all intellectual property rights related to the trademark “SJM-Unipath Laboratory” and the Platform. This includes, but is not limited to, all rights, title, and interest in copyrights, patents, utility models, designs, trade secrets, inventions (including those pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

g)

Except as expressly provided herein, you acknowledge and agree not to copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from SJM-Unipath Laboratory or the respective third-party owner of such Content.

Miscellaneous

Suspension of Services

SJM-Unipath Laboratory reserves the right to suspend or withdraw all or any part of our Services at any time, without prior notice and without incurring any liability.

Governing Law and Dispute Resolution

Any disputes arising under these Terms of Use or in relation to the Services shall be governed by the laws of India, with the courts in Ahmedabad, Gujarat, having exclusive jurisdiction. All disputes will be subject to arbitration by a sole independent arbitrator, mutually appointed by the Parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the rules made thereunder, as amended. The seat of arbitration shall be Ahmedabad, Gujarat, and the language of the proceedings shall be English or Gujarati.

Survival

Even after termination, the terms of these Terms of Use shall survive such termination of Your profile/account, including obligations under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution.

Assignability

SJM-Unipath Laboratory may assign any of its duties or obligations to any other person without prior notice to You, at its sole discretion. However, you may not assign, sublicense, or otherwise transfer any of your rights under these Terms of Use to a third party without obtaining written permission from SJM-Unipath Laboratory.

Severability

If any provision of these Terms of Use is found to be unlawful, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Waiver

The failure of SJM-Unipath Laboratory to enforce any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Force Majeure

SJM-Unipath Laboratory shall be relieved of all obligations and responsibilities under these Terms of Use if the performance of its obligations is wholly or partially prevented or delayed by acts of God or causes beyond its control, including but not limited to fires, floods, strikes, lockouts, lockdowns, curfews, riots, civil commotion, epidemics, pandemics, COVID-19 restrictions, conflicts, wars, changes in the legal/regulatory regime, acts of government, or technical failures. During the period of force majeure, SJM-Unipath Laboratory’s obligations shall be suspended to the extent necessary.

Grievance Handling

SJM-Unipath Laboratory is committed to addressing your grievances or complaints to the best of its ability. To facilitate this, SJM-Unipath Laboratory has established a Grievance Redressal Cell, which can be contacted via the phone number provided on the Platform or by emailing info@sjmunipath.in.