PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES AVAILED EITHER DIRECTLY OR INDIRECTLY FROM 32INTACT HEALTHCARE PRIVATE LIMITED OR ITS AUTHORISED REPRESENTATIVES OR ITS SUBSIDIARIES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Last Updated: 13/07/2021
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.32intacthealthcare.com, https://dentistonwheels.co.in (including subdomains), and www.32intact.in (collectively called the “Website”), and its mobile application (“Application”) and any sites that are automatically redirected to them (collectively, the “Sites”) are owned and operated by 32INTACT HEALTHCARE PRIVATE LIMITED. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. 32INTACT HEALTHCARE PRIVATE LIMITED reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. 32INTACT HEALTHCARE PRIVATE LIMITED will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. 32INTACT HEALTHCARE PRIVATE LIMITED encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with 32INTACT HEALTHCARE PRIVATE LIMITED for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products and services (collectively called the “Products”). By placing an order for products or services through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct 32INTACT HEALTHCARE PRIVATE LIMITED sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations 32INTACT HEALTHCARE PRIVATE LIMITED and its designated in house or third party call team(s).
Opt-Out Procedure: We provide 2 easy ways to opt-out of future solicitations.
- You may use the opt-out link found in any email solicitation that you may receive.
- You may also choose to opt-out, via sending your email address to email@example.com
Property Rights: 32INTACT HEALTHCARE PRIVATE LIMITED has proprietary rights and trade secrets in the products and services. You may not copy, reproduce, resell or redistribute any Product or service manufactured and/or distributed by 32INTACT HEALTHCARE PRIVATE LIMITED. 32INTACT HEALTHCARE PRIVATE LIMITED also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Sales Tax: If you purchase any Products, or book an appointment you will be responsible for paying any applicable sales tax or other applicable tax.
Content: Intellectual Property; Third-Party Links. In addition to making Products and services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. 32INTACT HEALTHCARE PRIVATE LIMITED does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that 32INTACT HEALTHCARE PRIVATE LIMITED does create the content on this Website, such content is protected by the intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. 32INTACT HEALTHCARE PRIVATE LIMITED does not endorse the contents on any such third-party websites. 32INTACT HEALTHCARE PRIVATE LIMITED is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: 32INTACT HEALTHCARE PRIVATE LIMITED is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will:
- abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
- not interfere with or disrupt the use and enjoyment of the Website by other users,
- not resell material on the Website,
- not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
- not defame, harass, abuse, or disrupt other users of the Website
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from 32INTACT HEALTHCARE PRIVATE LIMITED or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant 32INTACT HEALTHCARE PRIVATE LIMITED a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. 32INTACT HEALTHCARE PRIVATE LIMITED does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. 32INTACT HEALTHCARE PRIVATE LIMITED is not liable for any damage or harm resulting from any posts by or interactions between users. 32INTACT HEALTHCARE PRIVATE LIMITED reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content 32INTACT HEALTHCARE PRIVATE LIMITED deems objectionable, at its sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS AND/OR SERVICES AND/OR ARE AT YOUR SOLE RISK. THE WEBSITE, PRODUCTS AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 32INTACT HEALTHCARE PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 32INTACT HEALTHCARE PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SERVICES AND/OR PRODUCTS SOLD WITH LIMITED WARRANTY ARE SUBJECT TO A MAXIMUM OF 1 FREE RESTORATION/REPLACEMENT THEREAFTER PREVAILING CHARGES AS PER COMPANY POLICY WOULD BE APPLICABLE.
IV. LIMITATION OF LIABILITY
32INTACT HEALTHCARE PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
32INTACT HEALTHCARE PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; OR
(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; OR
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU;
5) ANY DAMAGES CAUSED DUE TO EXPOSURE TO THE X-RAY RADIATION.
You will release, indemnify, defend and hold harmless 32INTACT HEALTHCARE PRIVATE LIMITED, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; or
(2) the Website content or your use of the Website content; or
(3) the Products or your use of the Products (including Trial Products); or
(4) any intellectual property or other proprietary rights of any person or entity; or
(5) your violation of any provision of this Agreement; or
(6) any information or data you supplied to 32INTACT HEALTHCARE PRIVATE LIMITED; or
(7) any treatment or procedure is done by 32INTACT HEALTHCARE PRIVATE LIMITED; or
(8) any services and/or products supplied and/or sold to you by 32INTACT HEALTHCARE PRIVATE LIMITED.
When 32INTACT HEALTHCARE PRIVATE LIMITED is threatened with suit or sued by a third party, 32INTACT HEALTHCARE PRIVATE LIMITED may seek written assurances from you concerning your promise to indemnify 32INTACT HEALTHCARE PRIVATE LIMITED; your failure to provide such assurances may be considered by 32INTACT HEALTHCARE PRIVATE LIMITED to be a material breach of this Agreement. 32INTACT HEALTHCARE PRIVATE LIMITED will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of 32INTACT HEALTHCARE PRIVATE LIMITED choice at its expense. 32INTACT HEALTHCARE PRIVATE LIMITED will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend 32INTACT HEALTHCARE PRIVATE LIMITED against any claim, but you must receive 32INTACT HEALTHCARE PRIVATE LIMITED prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, or availing services you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. 32INTACT HEALTHCARE PRIVATE LIMITED will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, lockdown or boycott.
Cessation of Operation. 32INTACT HEALTHCARE PRIVATE LIMITED may at any time, in its sole discretion and without advance notice to you, cease operation of the Website, services and distribution of the Products and/or services.
Entire Agreement. This Agreement comprises the entire agreement between you and 32INTACT HEALTHCARE PRIVATE LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of 32INTACT HEALTHCARE PRIVATE LIMITED to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Lucknow, Uttar Pradesh, India. This Agreement will be governed by the laws of the State of Lucknow without regard to its conflict of law principles to the contrary. Neither you nor 32INTACT HEALTHCARE PRIVATE LIMITED will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Lucknow. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or Services or this Agreement must be filed within 3 months after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. 32INTACT HEALTHCARE PRIVATE LIMITED reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and 32INTACT HEALTHCARE PRIVATE LIMITED may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, 32INTACT HEALTHCARE PRIVATE LIMITED reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until 32INTACT HEALTHCARE PRIVATE LIMITED chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. 32INTACT HEALTHCARE PRIVATE LIMITED makes no representation that the Website or Products or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. 32INTACT HEALTHCARE PRIVATE LIMITED may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
IX. UP MEDICAL PROTECTION ACT 2013
This act states that any violence towards doctors affiliated with institutions as well as independent practitioners, outlaws attacks against physicians, and damage to their property. Offenders can get a jail term of up to three years and a fine of Rs 50,000.
X. Cancellation Policy
Sorry! We do not offer any refund for the products or services offered by this website or by 32INTACT HEALTHCARE PRIVATE LIMITED.
However, on request we do offer a refund as per the details provided below:
(i) Cancellation on our consultation services after deduction of cancellation fee and other applied charges paid by the customer as per the data provided below:
(a) 24 hours before booked time slot: Full Refund.
(b) 12 hours before booked time slot: 25% Deduction on the booking amount.
(c) 6 hours before booked time slot: 50% Deduction on the booking amount.
(d) 0-6 hours before booked time slot: NO REFUND.
Please note that the refunded amount would take 5-6 working days after it has been issued by 32INTACT HEALTHCARE PRIVATE LIMITED to reflect in the consumer’s original payment method.
(ii) Advance Payment and Pre-Procedure Booking Amount:
No refund would be provided against any advance payment or booking amount received directly by 32INTACT HEALTHCARE PRIVATE LIMITED or by its authorized representatives.
Note: 32INTACT HEALTHCARE PRIVATE LIMITED RESERVES THE RIGHT TO DENY ANY REFUND AT ITS SOLE DISCRETION.
For Complaints Relating to payment, please mail to firstname.lastname@example.org
XI. INTELLECTUAL PROPERTY RIGHTS
The contents of this Website are protected by applicable intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on this Website is prohibited. The logos, service marks, and trademarks (“IP Marks”) displayed on the Website are the property of 32INTACT HEALTHCARE PRIVATE LIMITED or have been licensed to 32INTACT HEALTHCARE PRIVATE LIMITED by the relevant owners for use on this WebSite. Nothing on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without 32INTACT HEALTHCARE PRIVATE LIMITED written permission. You are prohibited from using any IP Marks for any purpose without the written permission of 32INTACT HEALTHCARE PRIVATE LIMITED, or the relevant owners thereof.
XII. PRESS RELEASES
All press releases and other materials contained on the Website are, to the best of 32INTACT HEALTHCARE PRIVATE LIMITED knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. 32INTACT HEALTHCARE PRIVATE LIMITED has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained on the WebSite.
XIII. VIOLATIONS OF RULES AND REGULATIONS
32INTACT HEALTHCARE PRIVATE LIMITED reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from or to a particular Internet address to the WebSite.
XIV. JURISDICTION AND GOVERNING LAW
The use of this Website by anyone is subject to its terms and conditions, applicable Indian laws and government notifications, rules, regulations, and guidelines issued by the 32INTACT HEALTHCARE PRIVATE LIMITED. Users of this WebSite agree to submit to the exclusive jurisdiction of courts at the Lucknow, Uttar Pradesh alone in respect hereof.
If any provision of the 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 this 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.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by 32INTACT HEALTHCARE PRIVATE LIMITED. Any consent by 32INTACT HEALTHCARE PRIVATE LIMITED to, or a waiver by 32INTACT HEALTHCARE PRIVATE LIMITED of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
XVII. Disclaimer for Tele- consult and online VIDEO consultation
- 32INTACT HEALTHCARE PRIVATE LIMITED is offering telemedicine or video consults where patients are not being able to reach the clinic.
- A video or telemedicine consult can never be compared to a normal in-clinic consult where the doctor is able to physically examine the patient.
- You are advised to come to the clinic for consults whenever you are in a position for the same. If the consult cannot wait, then only you should opt for a telemedicine or video consult.
- You are advised to confirm the diagnosis, treatment, and prescription whenever you are able to come to the clinic for a physical consult. In case your symptoms/condition does not improve, immediately reach the nearest hospital.
- By accepting telemedicine consultation, you agree and accept that the tele-consultants/doctors and all personnel directly or indirectly involved with any part of the Telemedicine set up shall not be held responsible in the unlikely event of an error in diagnosis or management due to the occurrence of sub-optimal technical conditions. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
- 32INTACT HEALTHCARE PRIVATE LIMITED and/or its doctors shall not be responsible for complete accuracy of telemedicine consultation, limited in its scope as it is, with no physical examination of the patient being possible. While every attempt will be made to ensure the comprehensiveness of the consultation, unforeseen situations may arise. Your accepting telemedicine consultation will be taken as your consent for a telemedicine consult with its ingrained limitations.
XVIII. NO DOCTOR-PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
- Some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical and dental profession. The provision of such Information does not create a licensed medical and dental professional/patient relationship, between 32INTACT HEALTHCARE PRIVATE LIMITED and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
- It is hereby expressly clarified that the Information that you obtain or receive from 32INTACT HEALTHCARE PRIVATE LIMITED, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is for informational purposes only. In no event shall 32INTACT HEALTHCARE PRIVATE LIMITED be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services offered by 32INTACT HEALTHCARE PRIVATE LIMITED are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor, or appropriate medical professional directly.
XX. ADDITIONAL TERMS OF SERVICE AGREEMENT FOR DENTFIT PLANS
(a) Any surgical procedure or surgical treatment unless specified.
(b) Any stain removal in teeth other than normal.
(a) Warranty for all products & treatment done under discounted rate shall be limited only to the duration of the Dentfit Plan. Incase validity of the Dentfit plan cease to exist then warranty shall also be considered null & void. Such renewals shall be done before the expiry of the ongoing Dentfit Plan.
(b) Any physical or accidental damage to the products and/or appliances.
All DentFit Plans are valid only for one year.
XXI. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to 32INTACT HEALTHCARE PRIVATE LIMITED that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE OR SERVICES AVAILED EITHER DIRECTLY OR INDIRECTLY FROM 32INTACT HEALTHCARE PRIVATE LIMITED YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.