Terms of Use
1. General
- The services shall be as set out in the services list.
- By ordering a service hereunder, the customer accepts these terms and conditions. The terms and conditions may be subject to change at any time. The Customer must check the terms and conditions before ordering such services for any amendments and/or alterations.
- All orders placed by a customer shall be subject to written acceptance from the company in accordance with clause 1(e) below and service availability.
- The customer shall submit their full name, address, and telephone details to the company. Please see the company’s TruDiagno – Privacy Policy for further information about our information gathering and usage practices.
- On receiving the order from the customer, the company shall confirm acceptance of the order in writing or by e-mail.
- The company will use its reasonable endeavours to deliver the services to the customer as soon as possible within seven days of the date of payment. For the avoidance of doubt, the company will not be in breach of these conditions or have any liability whatsoever for failing to deliver the services to the customer by this date.
- Unless otherwise explicitly agreed in writing by the company, these conditions shall govern all contracts between the company and the customer for the sale of any of the services and shall prevail over any conditions or terms stipulated, referred to or incorporated by the customer in their order or negotiations.
2. Price
- The prices of the services (“Price”) shall be as set out in the price list and are correct at the time of entering the information. However, the company reserves the right to change the price without prior notice.
- All prices quoted are in Indian Rupees (“INR”).
- All prices quoted include all taxes or charges the customer shall pay for the services.
3. Payment and Delivery
- Unless otherwise agreed in writing by the company, payment of the full price (including any VAT) and any additional costs (including but not limited to postage/packaging/carriage costs) will be made by the customer in full before delivery shall be effected.
- The customer hereby agrees to effect payment to the company by way of credit card/debit card/net banking (India only).
- In the case of home visits/home delivery, convenience charges will be charged from the customer.
4. Cancellation
- Whilst every effort will be made to meet the customer’s individual requirements, the company shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the company, any costs or expenses incurred by the company up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the customer.
- The company shall be entitled to cancel any contract(s) with the customer (subject to refunding the price previously paid by the customer) without penalty at any time by giving written notice to the customer.
5. Liability
- Notwithstanding anything in these conditions to the contrary and save for the liability of the company for death and personal injury caused by its negligence, the liability of the company under these conditions (whether by reason of breach of contract, tort, delict or otherwise) shall be limited to the price paid by the customer for the relevant services.
- In no event shall the company be liable for any indirect damages including but not limited to damages for loss of business or revenue, loss of profits or loss of goodwill or other damages consequential upon the same regardless of whether or not the company has been informed of the possibility of such damages or is negligent.
6. Quality Control
- The company will comply with all applicable regulations and legal requirements.
7. Termination
- The company may defer or suspend the performance of the contract and or treat these conditions as determined if the customer:
- Breaches any of these conditions; undergoes insolvency proceedings of any nature or enters into any arrangement with its creditors.
- Termination for whatever reason shall not affect the rights and remedies accrued by the parties as at the date of such termination or any rights or obligations which due to the nature thereof are intended to survive termination.
8. Miscellaneous
- If the company is delayed or prevented from delivering the services due to circumstances beyond its control, the company may cancel or suspend the contract without any liability (subject to providing the customer with the appropriate refund in the event that such delay or prevention is not due to an act or omission of the customer).
- These conditions shall be governed by and construed in accordance with Indian Law. The customer hereby submits itself to the non-exclusive jurisdiction of the Indian courts.
- The headings in these conditions are inserted for convenience only. They do not affect their interpretation or construction.
- If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining conditions shall not be affected.
- Failure or omission by the company to enforce strict compliance with these conditions by the customer shall not constitute a waiver of any of these conditions.
- Notices must be in writing to the company’s or the customer’s address and shall be deemed delivered on the first working day after sending by hand or (subject to confirmation of the transmission) by telex or facsimile or, on the third working day after being placed prepaid in the first class post to the company’s or the customer’s address.