MOST IMPORTANT TERMS & CONDITIONS
Specific Exclusion: “Children below 6 years” are specifically excluded from availing any Service as stated in the Terms of service.
1. Important terms and conditions:
1.1. This website (www.mydiagnostics.in) is owned and operated by [Pytheos Health Systems Pvt Ltd] (“company”, “we”, “us”, or “our”). We offer Athlete Performance Development Solution enabling our users, whether or not you register and become a subscriber (“users”, “you” or “yours”) which consists of the following components including but not limited to– (a) Diagnostics and assessments – Blood tests, Cardio-metabolic profile, Body composition scans, fitness assessments, nutrition & fitness genetics (b) Analysis and Program Design using our proprietary algorithm (for decision support) & experts . Please read these terms and conditions carefully, as by accessing this website you are agreeing to abide by the all of the terms and conditions set out below.
1.2. The company reserves the right to modify, alter or update these terms and conditions at any time and you agree to be bound by such modifications, alterations and updates. It is the responsibility of the user to check these terms and conditions for changes prior to use of the website or Services, and in any event your continued use of the website or Services following the posting of changes to these terms and conditions constitutes your acceptance of any changes. The company at its sole discretion may notify you of any such material changes by posting notice of the changes on the website, and/or, by email.
1.3. Certain Services available through our website may have their own terms and conditions that apply to your use of those Services. These terms and conditions do not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements you may have or will have with the company. To the extent that there is any conflict between these terms and conditions and any separate agreements entered with the company, the terms of the separate agreements with the company will govern.
1.4. In the event there is a change in the ownership of the company by the process of merger, acquisition or by any other substantial modification or alteration of the shareholding pattern, where the ownership of the company is changed, the company at its sole discretion may notify you of any such changes by posting notice of the changes on the website, and/or, by email. The terms and conditions including all liability shall bind any successor of the company, and any such successor shall be deemed substituted for all purposes for the "company" under the terms of Service.
1.5. If you do not agree to these terms and conditions, please discontinue using this website immediately.
2. Warranty and Liability Disclaimer
2.1. This website and the content herein is provided by the company in good faith on an "as is" and "as available" basis. The company makes no representation or warranty whether express or implied in respect of the website and/or the information, content, materials products, procedures, services provided by doctors, experts etc. which are included/ mentioned herein on the website. Specifically, the company does not inter alia make any warranties as to accuracy or completeness, quality, merchantability, fitness for a particular purpose, non-infringement of any rights, including intellectual property rights, in respect of any of the information, content, materials products, procedures, services provided by doctors, experts etc available or mentioned on the website.
2.2. The website may inter alia contain general information relating to Services as set out in this terms and conditions. All such information, recommendations / suggestions provided on this website are of a general nature and are not intended to be a substitute for detailed professional advice from experts. Further, prior to using any third party products/services if mentioned on the website, users should refer to the guidance documents and opinion from experts, provided by each such third party in connection with the product and /or consult the concerned representatives of such third parties/ experts wherever appropriate.
2.3. The information / recommendations provided on the website are partly based on the company’s experience in the field online personal wellness and diagnostics services, the expertise of employees and experts of the company and partly on information available in other literature sources and databases. While, the company uses reasonable endeavours to ensure that the aforesaid information is accurate and helpful, the use and reliance on the information provided on the website shall be at the sole risk of the user.
2.4. No Medical Advice: The information provided by the company is for purposes of facilitating Service only and is not intended to provide medical advice, diagnosis, or treatment. The company may engage third parties such as doctors or independent experts to render the Services. However, the Services perse do not create doctor-patient relationships with the user.
2.5. Medical Condition: Further, prior to using the Services or if you have a medical condition, the user may independently seek the advice of a physician or other qualified experts with regard to any concerns arising out of any health issues, including but not limited to any medical or psychiatric condition. User is advised to inform the concerned physician or other qualified experts regarding the advices or Services provided by the company. In the event, there is a conflict or confusion in the minds of the user, due to advice rendered by the company and advised rendered by any third party/expert, the user shall not ignore professional medical advice or delay in seeking it because of recommendations by the company. User shall consult independent physician or other qualified experts before starting any new Services or stopping any Services.
2.6. The company and/or any of its directors, officers, employees, agents and representatives shall in no event be liable for and hereby expressly exclude liability for any loss, damage or injury (including any special, exemplary, indirect, incidental, consequential damages, costs or associated legal fees) arising whether directly or indirectly, from the use of this website (including use of information and content provided thereon) including without limitation loss or revenue or profits.
3. Ownership of Content
3.1. The website is owned by the company. Unless otherwise indicated, all content on this materials, including illustrations, details of Service, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, "content") appearing on this website are owned or controlled by the company and/or its subsidiaries, affiliates and content suppliers and are protected by the India and worldwide design, trademark, trade dress, copyright and other intellectual property laws.
3.2. The content of this website and the website as a whole, are intended solely for commercial use. Users must not copy, modify, reproduce, publish, use or exploit in any way the content or any part thereof, or otherwise modify, obscure or delete any copyright or other propriety notices on this website without the company’s prior written consent. No right, title or interest in any materials or software, if applicable, on this website is transferred to you from your use of this website.
4.2. The security of your personally identifying information is important to the company. The company shall take reasonable steps to ensure the safety of the personal information. However, you understand and agree that such reasonable steps do not guarantee that use of the website is invulnerable to all security breaches, and that the company makes no warranty, guarantee, or representation that use of any of the website is protected from viruses, security threats or other vulnerabilities.
5. Third Party Content and Intellectual Property
5.1. The company respects the copyright of others, and requires that the users of the website, or the Services or features made available on or through the website, do the same. Images or photographs of third party products or services which may be available on the website are used as references for informational purposes only. The company hereby disclaims any sponsorship, affiliation or endorsement of or by any such third party. The company is not responsible for the copyright of any content that may be used on the website which may be uploaded by the users or freely available in the public domain e.g. content available on the internet with no source or copyright information.
5.2. Certain trademarks which are not owned by the company may be featured on the website as references and for informational purposes only. Such trademarks are the property of their respective third party owners, and the use of trademarks, logos or brand names in the website are for identification purposes only, and does not imply any endorsement by the company of the trademark owner, or vice-versa. 5.3. If you believe that any content appearing on the website infringes on your intellectual property rights, you must contact us immediately by emailing us at firstname.lastname@example.org with the following information and the necessary action in accordance with applicable law will be taken by the company:
i. your name, address, telephone number, and e-mail address;
ii. details of the intellectual property right that you claim to be infringed;
iii. the exact URL or a description of each place where alleged infringing material is located or, if multiple copyrighted works are infringed, a representative list of such works including the URL or description of each location;
iv. a statement by you that you that the disputed use has not been authorized by you, your agent, or the law;
v. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the owner of the intellectual property right or authorised to act on the owner’s behalf, with proof of such authorization.
6. Accuracy of information.
The company does not warrant that any information, pictures or graphic depictions, descriptions or other content of the website are accurate, complete, reliable, updated, current, or error-free. User agree to notify the company immediately if the user become aware of any errors or inconsistencies in the information or content provided through the website and comply with any corrective action taken by the company.
7. User Content:
In certain sections of the website, users may be allowed to post images, queries, messages and other information or content. Furthermore, by using this website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the website any of the following: 7.1. Unless specifically requested by the company, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions including physical, physiological and mental health conditions, passwords, social security numbers, biometric information, credit cards, debit cards, other payment instruments, bank accounts or other financial information, other information concerning trade union membership, sex life, sexual orientation, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters); 7.2. User content that is unlawful, blasphemous, pedophilic, racially or ethnically objectionable, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens relationships with our employees, partners, customers, suppliers or licensors, relates to or encourages money laundering, gambling or otherwise unlawful in any manner; 7.3. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User content, you represent and warrant that you have the lawful right to distribute and produce such User content; 7.4. User content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; 7.5. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; 7.6. User content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law; 7.7. Software viruses, spyware, Trojan horses, easter eggs or any other destructive files, computer codes or programs designed to interrupt destroy or limit the functionality of any computer resource; 7.8. User content that, in the sole judgment of the company, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of the company , other users or third parties; 7.9. User content that belongs to another person and to which the user does not have any right; 7.10. User content that harms or depraves minors in any way; 7.11. User content which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature; and 7.12. User content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
Subject to applicable law, the company has no obligation to screen, edit or monitor any of the user content posted on the website. The company also reserves the right, and has absolute discretion, to remove, screen or edit any user content on the website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any user content you post or store on the website at your sole cost and expense.
If you are viewing the website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off from the website and the computer system you are using to prevent unauthorized access to or uploading of user content.
8. Virus protection:
While the company makes reasonable efforts to ensure that the website is free from viruses and other malware, users are requested to take appropriate measures against viruses and other malware and malicious objects. Except to the extent as provided by the applicable laws, the company disclaims all liability (whether direct, indirect, consequential or otherwise) with respect to the any such inadvertent transmission of viruses and malware resulting from use of the website.
You agree to defend, indemnify and hold the company harmless from and against any and all actions claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this website, any content that you may upload on the website, your access to, or inability to access this website or from your reliance upon any information contained on this website.
10. Applicable Law
10.2. Except for any separate agreements between you and the company, these terms and conditions constitute the entire and exclusive and final statement of the agreement between you and the company with respect to the subject matter hereof, and governs your access to the website and your use of the Services, superseding any prior agreements or negotiations between you and the company with respect to the subject matter hereof.
10.3. The validity, interpretation, construction and performance of these terms and conditions will be governed by the laws of India, without giving effect to the principles of conflict of laws. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Bangalore, for any action related to these terms and conditions.
10.4. Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these terms and conditions remain in full force and effect.
10.5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or Services or these terms and conditions must be filed within six (6) months after such claim or cause of action arose or be forever barred.
10.6. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in these terms and conditions creates an agency or partnership. You may not assign your rights under these terms and conditions without our prior written consent, and any attempted assignment will be null and void.
11.1. You may delete your account and end your registration at any time, for any reason by clicking at the “cancel my account” button in your “account” of your digital dashboard or by sending an email to email@example.com. The company may terminate the use of the website, access to user’s account and/or registration for any reason at any time. When closing an account, the company shall remove all personal information provided by you with in thirty (30) days of our receipt of your request. However, any personal information that you have previously provided and have been used by the company for the purpose of any ongoing or completed studies or business activities that use the information (such as anonymized statistical information) shall not be removed. The company may retain certain personal information if required under any law and the company may retain backup copies for a limited period of time pursuant to company’s data protection policies. In addition, the company may retain limited registration information related to your order history (e.g., name, contact, and transaction data) for accounting and compliance purposes.
11.2. You understand that termination of the agreement with the company pursuant to these terms and conditions and your account will not entitle you to any refund and may involve deletion of your information from the company’s databases as well as any content that you uploaded to the website using such account. You agree that the company will not be liable to you or any other party for any termination of your access to the site or services or deletion of your account or content uploaded by you.
At the company we are committed to respecting the privacy rights of our customers and all uses of our website. We respect and safeguard the personally identifiable information which we may receive and collect from you on our website. 12.1. Information collected: The company may collect the following types of personal Information from you when you register for any of the services offered via the website / mobile application or otherwise voluntarily provide such information.
a) Name (including first name and last name)
c) E-mail address
d) Phone number (mobile number / landline number)
g) Payment related information through our payment gateway (operated by Razor Pay)
Your diagnostics information
a) Blood biomarkers as per selected goals and parameters
b) Cardio-metabolic indicators such as VO2, Max Heart Rate, Lactate threshold etc
c) Body composition & anthropometric data such as BMI, % body fat, Weight etc
d) Nutrition & Fitness Genetics
e) Self reported questionnaire data
f) Web-analytics information such as cookies, web-beacons etc 12.2. Use and disclosure of personal information: The company may use personal information and other information received and collected from you to provide the Services you have requested, including providing information/ advice/ recommendations in the context of your query and to contact you upon your request and when otherwise necessary. The company shall share such personal information with third parties such as doctors or independent experts to render the Services requested by you. 12.3. The company may also use personal information for auditing, research and analysis, and to operate and improve our Services. In certain circumstances, we may share aggregated non-personal information with third parties such as doctors or independent experts. When we use third parties such as doctors or independent experts to assist us in processing your personal Information, we require that they comply with the terms and conditions of this agreement or any other company policy and any other appropriate confidentiality and security measures. 12.4. The company may also share or disclose such information, including sensitive personal data or information with Government agencies in limited circumstances, including when complying with legal process, for verification of identity, or for preventing, detecting, investigating and for prosecution and punishment of incidents including cyber incidents, fraud or imminent harm, and ensuring the security of our network and services.
13. Confidentiality and Security
13.1. We will keep confidential and protect your personal information except where disclosure is required or permitted by law or third parties such as doctors or independent experts. We limit access to personal information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. 13.2. We will take reasonable steps to ensure that any third parties such as doctors or independent experts who may have access to the personal information are obligated to protect personal information on our behalf through confidentiality agreements and otherwise. 13.3. The company adopts reasonable security practices and procedures to protect information from unauthorized access, damage, use, modification, disclosure or impairment as required by applicable privacy laws.
14. Risks and considerations regarding Services
14.1. Learning the unexpected: Information contained in or provided to you under the scope of Service has the potential to alter your lifestyle, including but not limited to way of life, way of living, manner of living or your life. . Also, there is a likelihood of getting strong emotions and revelation of new things about oneself. . Various other known and unknown factors such as unknown genes, or environmental factors and lifestyle choices of which the company may or may not be familiar with may contribute towards the result of Services. 14.2. No assumption of contents: Information contained in or provided to you under the scope of Service must not be considered and construed as a favorable and optimistic.. You understand that you may be in need of additional Services from us or from any doctors or any third party experts in order for you to further evaluate the laboratory test results provided by the Company. You understand that that the company shall not return any biomaterials once it is submitted for the purpose of Services.
14.3. Re-obtaining of biomaterial: In the event that, where the company collects biomaterials which is insufficient or where there is a requirement of additional biomaterials, which is insufficient for procuring the results, the company reserves the option of re-obtaining biomaterials and/or re-processing your data again as mutually agreed and reasonably possible for you and the company. 14.4. Consultation of independent experts/doctors: By accepting the terms of Service, you agree that you should not rely solely on the recommendations provided by the company for determination of options which may affect your health, directly or indirectly. The company specifically state that the company do not involve in the services of diagnosis of diseases, or making recommendations for any disease or condition beyond those generally accepted as well-established within the scope of Services. Also, the companies do not report any genetic variants or associated with diagnosis of diseases or conditions beyond the scope of Services. It is specifically suggested that, opinion from independent experts or doctors should be taken for determination of options which may affect your health, directly or indirectly. It is specifically denied by the company that use of Services is not a replacement for medical care. You may be referred to experts/doctors/ external medical professionals for medical related queries by the company on requirement basis.. The scope of Services are limited to providing ongoing personal and clinically-based support to help optimize your wellness only.
To the extent that you do provide us with personal information, we wish to maintain accurate and current personal information. Should you need to update or correct any personal information provided by you on the website, please contact us at the following e-mail address firstname.lastname@example.org and we will make reasonable efforts to incorporate the changes in your personal information that we hold as soon as practicable.
16. Intended Audience:
The website is maintained by the company from its offices within India. The company makes no representation that materials in the website are appropriate or available for use in other locations other than India. Users accessing this website or availing any Services from any other locations than that of India do so on their own initiative and are responsible for compliance with local or national laws, as applicable.
17. Limitation of Use:
17.1 Users must not copy, modify, reproduce, publish, use or exploit in any way the content or any part thereof, or otherwise modify, obscure or delete any copyright or other propriety notices on this website without the company’s prior written consent.
17.2 No software, technology or other information from this website may be downloaded or otherwise exported or re-exported to any person or entity without the company’s prior written consent and compliance with the respective national laws.
18. Grievances and Complaints
In case of any grievances or complaints in relation to the processing of your information by the company, the same may be addressed to the grievance officer at the following address: email@example.com.
Disclaimer: Any third party trademarks and/ or images of third party products published on the website are used as references for informational purposes only. The use of trademarks and images relating to third party products, does not imply any relationship between the company and any such third party including endorsement, sponsorship, affiliation of or by any third party.