Welcome to the portal www.zealthy.in, (the "Website"). The Website is operated and maintained for your personal information, education and communication by ZUDDY HEALTHTECH PRIVATE LIMITED, India, a company incorporated under the laws of India with its registered office at SJR Watermark, Shubh enclave, Bangalore, India.
The terms 'You' or 'Your' refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or an Healthcare Practitioner (HCP) or Doctor or Expert) and the terms 'Zealthy' ,'We', 'Us', 'Company', and 'Our' refer to Zuddy Healthtech private limited, India.
If You are accessing the Zealthy mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the Zealthy mobile application.
The features / services of this Website are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
IN THE EVENT OF A MEDICAL EMERGENCY. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.
www.zealthy.in("Website") is an Internet based portal. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Zealthy at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
Zealthy agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Zealthy shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Zealthy's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale"). Our website/portal is only operating as a ‘platform’ and it does not in any manner provide any services related to medical healthcare or lifestyles issues
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Zealthy system by Zealthy for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Zealthy through Your legal guardian in accordance with the applicable laws.
Zealthy reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Zealthy of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Zealthy cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Zealthy or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
The Website also allows restricted access to the Services for unregistered Users.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. 4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Zealthy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zealthy has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
Zealthy strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Zealthy expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
Zealthy shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Zealthy with our acquiring bank from time to time.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Zealthy. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Zealthy disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
You agree that Zealthy may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Zealthy.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, noncommercial use only and shall not re-sell the same to any other person.
Zealthy shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Zealthy with our acquiring bank from time to time
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Zealthy and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Zealthy or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Zealthy, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Zealthy owns all intellectual property rights to and into the trademark "Zealthy", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, knowhow, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Zealthy or thirty party owner of such Content.
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Zealthy. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Zealthy does not provide any guarantee with respect to any the Third Party Content and Zealthy shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
Interaction with HCP on the Website:
You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold Zealthy responsible for any such interactions and associated issues. Zealthy is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.
Zealthy shall not be responsible for any breach of service or service deficiency by any HCP.
We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
Interaction with Labs on the Website:
You understand and agree that any interactions and associated issues with the Lab(s) on the Website, is strictly between You and the Lab(s). You shall not hold Zealthy responsible for any such interactions and associated issues. Zealthy is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Lab You interact with. If You decide to engage with a Lab to provide lab or diagnostic services to You, You do so at Your own risk.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab.
Zealthy shall not be responsible for any breach of service or service deficiency by any Lab.
We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of a Lab to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.
Clinical Support Information: We may provide information to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HCP Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Zealthy is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website
Information regarding HCP/Lab and practice information: Information regarding HCP/Lab and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Zealthy provides any advice or qualification certification about any particular HCP or Lab. You are encouraged to independently verify any such information You see on the Website with respect to a HCP or Lab that You seek to make an appointment with.
No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs or Labs. The provision of such content to You by Zealthy does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Zealthy and You.
No Medical Advice Provided: The content provided by the Website, either by Zealthy or by HCP, should not be construed under any circumstances to be 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.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Zealthy, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through Zealthy is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Zealthy shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests by Labs, for any reason whatsoever.
ZEALTHY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTYFOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) HCP WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HCP CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY LAB CONTENT INCLUDING LAB TEST RESULTS (VII)ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.
ZEALTHY MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
ZEALTHY ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, LAB CONTENT OR HCP CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR ZEALTHY TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR HCP CONTENT. ZEALTHY IS NOT RESPONSIBLE FOR ANY USER CONTENT OR HCP CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER ZEALTHY NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER ZEALTHY NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, LAB CONTENT OR HCP CONTENT, ZEALTHY CONTENT OR YOUR PERSONALIZATION SETTINGS.
ZEALTHY DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
Neither the HCPs, Labs nor Zealthy shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / Zealthy or due to technical reasons or third party actions.
You hereby indemnify, defend, and hold Zealthy, the Zealthy's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all 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 Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
You agree that Zealthy may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
Zealthy reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or Zealthy Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Zealthy shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
You hereby expressly agree to receive communications by way of SMS, e-mails from Zealthy relating to Services provided through the Website.
A User can unsubscribe/ opt-out from receiving communications from Zealthy through SMS and e-mail anytime by: Email email@example.com to unsubscribe from messages/ SMS; and Newsletters sent daily at the registered email address by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
Any feedback You provide to this Website shall be deemed to be non-confidential. Zealthy shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Zealthy is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Zealthy may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Zealthy for the feedback under any circumstances.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed through email signed with the electronic signature to firstname.lastname@example.org
The company shall not be responsible for any communication, if it is addressed, to any non-designated person in this regard.