Terms & Condition | Hitech

Terms of Use

These terms and conditions of use (“Terms of Use “) of the Website/Apps (as defined below) between Hitech Diagnostic Centre (Hitech), a brand of Metropolis Healthcare Limited (hereinafter referred to as “Hitech Diagnostic Centre” or “Hitech”,) and the users/ registrants of the Website/Apps (“You” or “Your” or “Yourself” or “User “) describe the terms on which Metropolis offers You access to the Website/Apps and the Services (as defined below) through the Website/Apps.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/APPS OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE/APPS. YOUR USE OF THE WEBSITE/APPS OR THE SERVICES PROVIDED BY THE WEBSITE/APPS SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. YOUR USE OF THE WEBSITE/APPS IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

1. General

1.1

www.hitechlabsindia.in/ (“Website/Apps “) is an Internet based portal owned and operated by Metropolis Healthcare Limited, a company incorporated under the laws of India, with its registered office at 250D, Worli Udyog Bhavan Hind Cycle Road, Worli, behind Glaxo, Mumbai, Maharashtra 400030 and having CIN L73100MH2000PLC192798. Use of the Website/Apps is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Metropolis at its sole discretion and posted on the Website/Apps, including by way of imposing an additional charge for access to or use of a Service.

1.2

Hitech shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website/Apps. Your use of the Website/Apps and the Services is subject to the most current version of the Terms of Use made available on the Website/Apps at the time of such use. You are requested to regularly visit the home page www. Hitechindia.com to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. Hitech may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website/Apps and the Services is provided on the Website/Apps. If no such separate consent is sought, Your continued use of the Website/Apps, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3

By (i) using this Website/Apps or any facility or Service provided by this Website/Apps in any way; or (ii) merely browsing the Website/Apps, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website/App’s Privacy Policy available at the homepage, www.hitechlabsindia.in

1.4

Hitech agrees to deliver the Services ordered by you only at such locations as per the Service Order Confirmation Form. Hitech shall not be liable to deliver any Services purchased by Users for delivery in locations which does falls not serviceable areas of the Hitech., However Hitech may at its option, obtain orders services for location outside India, where it holds presence through its affiliates.

2. Services

2.1

The Website/Apps is a platform that facilitates the avail online purchase of services offered by Hitech including but not limited to various Health Packages, Testing Services and Other Offered Services being offered on the Website. i.e Home collection requests, customer feedback form etc (“Services“).

2.2

The purchase of services on the Website/Apps shall be governed by this Terms of Use, which shall be subject to change only at the discretion of Hitech only. Hitech shall be entitled to introduce additional terms of services alognwith the Testing Services/ Health Package, which shall prevail for this terms at the point of service.

2.3

Hitech expects that you have reviewed and understood the instruction / guideline in relation to the Services or attached to its Testing services and Health packages purchased by you on this Website /App.

2.4

The Services obtained from the Website/ App are non-transferable and the same will be services to the Person whose details are provided at the time of booking, shall be will be entitled for those Services at the lab or through home collection.

2.5

You agree that for the services booked through this Website / App; Hitech shall be entitled to obtain the necessary KYC verification from any Government issued ID proof alongwith a copy of the invoice and Order ID or the transaction number at the time of visit to the Lab or when availing Home Service.

3. Eligibility to Use

3.1

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Hitech system by Hitech 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/Apps. 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 Hitech through Your legal guardian in accordance with the applicable laws.

3.2

Hitech reserves the right to refuse access to use the Services offered at the Website/Apps to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3

You shall not have more than one active Account on the Website/Apps. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. User Account, Password, and Security

4.1

Hitech makes the Services available to You through the Website/Apps only if You have provided Hitech certain required User information and created an account (“Account“) through Hitech ID and password or other log-in ID and password, which can include a Facebook, Gmail, yahoo ID or any other valid email ID(collectively, the “Account Information“). The Services may also be subject to procedures for use of the Website/Apps, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms“). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service

4.2

The Website/Apps requires You to register as a User by creating an Account in order to avail of the Services provided by the Website/Apps. 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 Hitech 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. Hitech 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 Hitech or any other user of or visitor to the Website/Apps due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential

4.3

The Website/Apps also allows restricted access to the Services for unregistered Users

4.4

You shall ensure that the Account Information provided by You in the Website/App’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 Hitech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hitech has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website/Apps (or any portion thereof).

5. Pricing Information & Payment terms

5.1

Hitech strives to provide You with the best prices possible on services, which is subject to change from time to time at the sole discretion of Hitech. You buy or avail of from the Website/Apps. The pricing details for purchase of products and services from the Website/Apps are detailed under the Terms of Use.

5.2

Customer will be provided with the facilities to pay the Fee through the affiliated payment options credit cards, debit cards, cash cards , UPIs and internet banking, which shall be subject to change any time, without any separate intimation to users. Hitech shall not be responsible for malfunctioning or system security of the said Merchant Payments services and that services shall begin post receipt of the credit for the services booked or purchased through this Website/App. User/Customer understands that payment mechanisms may be governed by separate/additional terms of the Service Provider.

5.3

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website/Apps.

5.4

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. Hitech expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

5.5

Hitech 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 pre-set limit mutually agreed by Hitech with our acquiring bank from time to time.

5.6

The Company reserves the right to refuse or cancel any order placed for a product/package with / without any obligation to disclose the reason. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by the Company, the same shall be credited to your credit card account within 7-14 working days and duly notified to you by email. Once the order has been placed and in case You wish to cancel/modify the same You may do so subject to cancellation/modification charges as prescribed.

6. User Obligations

6.1

Subject to compliance with the Terms of Use, Hitech grants You a non-exclusive, limited privilege to access and use this Website/Apps and the Services provided therein.

6.2

You agree to use the Services, Website/Apps and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.3

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/Apps in accordance with Terms of Use.

6.4

You agree not to access (or attempt to access) the Website/Apps and the materials or Services by any means other than through the interface that is provided by Hitech. 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/Apps or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website/Apps, 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/Apps.

6.5

You acknowledge and agree that by accessing or using the Website/Apps or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Hitech disclaims all liabilities arising in relation to such offensive content on the Website/Apps. Further, you may report such offensive content in the manner prescribed under herein.

6.6
If Website/Apps allows You to post and upload any material on the Website/Apps, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
  1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword.
  3. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents.
  4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Apps or another’s computer.
  5. Engage in any activity that interferes with or disrupts access to the Website/Apps or the Services (or the servers and networks which are connected to the Website/Apps).
  6. Attempt to gain unauthorized access to any portion or feature of the Website/Apps, any other systems or networks connected to the Website/Apps, to any Hitech server, or to any of the Services offered on or through the Website/Apps, by hacking, password mining or any other illegitimate means.
  7. Probe, scan or test the vulnerability of the Website/Apps or any network connected to the Website/Apps, nor breach the security or authentication measures on the Website/Apps or any network connected to the Website/Apps.
  8. You shall not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Apps, or any other customer of Hitech, including any Hitech Account not owned by You, to its source, or exploit the Website/Apps or Service or information made available or offered by or through the Website/Apps, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Apps.
  9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Apps, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Apps or any affiliated or linked sites; Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  10. Use any device or software to interfere or attempt to interfere with the proper working of the Website/Apps or any transaction being conducted on the Website/Apps, or with any other person’s use of the Website/Apps.
  11. Use the Website/Apps or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hitech or other third parties.
  12. Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  13. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  14. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
  15. Violate any applicable laws or regulations for the time being in force within or outside India; Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website/Apps contained herein or elsewhere.
  16. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/Apps.
6.7

You agree that You are solely responsible to Hitech and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Hitech or its affiliates or its vendors may suffer) for any such breach.

6.8

You agree that Hitech may, at any time, modify or discontinue all or part of the Services Website/Apps, charge, modify or waive fees required to use the Website/Apps, or offer opportunities to some or all Website/Apps Users.

7. Use of Materials

7.1

Except as expressly indicated to the contrary in any applicable Additional Terms, Hitech hereby grants You a non-exclusive, freely revocable (upon notice from Hitech), non-transferable access to view, download and print Service catalogues or any other materials available on the Website/Apps, subject to the following conditions; (i) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use; (ii)You may not modify or alter product catalogues or any other materials available on the Website/Apps; (iii) You may not distribute or sell, rent, lease, license or otherwise make the Service catalogues or any other materials available on the Website/Apps available to others; and (iv) You may not remove any text, copyright or other proprietary notices contained in the Service catalogues or any other materials available on the Website/Apps

7.2

The rights granted to You in the Service catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website/Apps. Such elements of the Website/Apps are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Service catalogues or any other materials available on the Website/Apps may be copied or retransmitted unless expressly permitted by Hitech.

7.3

Any software that is available on the Website/Apps is the property of Hitech or its vendors. You may not use, download or install any software available at the Website/Apps, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Hitech.

7.4

Delivery of the Services at Your address, pin code will be verified with the database of Hitech before You proceed to pay for Your purchase. In the event case your order is not serviceable area by us or the area is not covered, we would request you to provide us with an alternate address which we expect to have on our serviceable area list. In case there is any dispute regarding the serviceable area ofrservices for the area not covered by Hitech, in such cases Hitech will not be responsible for the non-delivery of the Services.Hitech. HitechIf You purchase multiple Services in single transaction, then all the Services would be provided to a address given by You. If You wish to avail services to different addresses, then You should book the orders separately based on the Services addresses.

8. Usage Conduct

8.1

You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website/Apps.

8.2

You are also under an obligation to use this Website/Apps for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website/Apps.

8.3

You shall use this Website/Apps, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

8.4

Hitech 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 pre-set limit mutually agreed by Hitech with our acquiring bank from time to time.

9. Intellectual Property Rights

9.1

The Website/Apps 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/Apps is owned and controlled by Hitech 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.

9.2

The trademarks, logos and service marks displayed on the Website/Apps (“Marks”) are the property of Hitech or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Hitech, the vendor or the third party that may own the Marks.

9.3

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Hitech Healthcare owns all intellectual property rights to and into the trademark “Hitech”, and the Website/Apps, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4

9.4. 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 Hitech or thirty party owner of such Content.

10. Third Party Content

10.1

The Website/Apps may makeavailable general third party information such as, Service catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs 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 Hitech. The provision of Third Party Content is for general informational purposes only.

10.2

You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Hitech does not provide any guarantee with respect to any the Third Party Content and Hitech shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

11. Disclaimer of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1

THE WEBSITE/APPS, SERVICES AND OTHER MATERIALS ARE PROVIDED BY HITECH ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HITECH MAKES NO WARRANTY THAT (I) THE WEBSITE/APPS OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE/APPS OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE/APPS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE/APPS, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE/APPS, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITECH OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

11.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HITECH WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HITECH ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

11.3

HITECHHITECH WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE/APPS OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HITECH HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE/APPS IS CORRECT, BUT HITECH NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, SERVICE. HITECH SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE/APPS OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE/APPS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE/APPS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, HITECH SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE/APPS DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE/APPS THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND HITECH CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APPS IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. HITECH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. HITECH ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11.4

HITECH SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/APPS WITH RESPECT TO THE THIRD PARTY WEBSITE/APPS OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

12.1

You agree to indemnify, defend and hold harmless Hitech including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Hitech that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Hitech harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/Apps, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

12.2

Notwithstanding anything to contrary, Hitech entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or service, under which the unlikely liability arises.

12.3

In no event shall Hitech, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Hitech has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website/Apps, Services or materials.

12.4

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

13. VIOLATION OF THE TERMS OF USE

13.1

You agree that Hitech may, in its sole discretion and without prior notice, terminate Your access to the Website/Apps and block Your future access to the Website/Apps if Hitech determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hitech, for which monetary damages would be inadequate, and You consent to Hitech obtaining any injunctive or equitable relief that Hitech deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hitech may have at law or in equity.

13.2

You agree that Hitech may, in its sole discretion, and without prior notice, terminate Your access to the Website/Apps, 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/Apps or any service offered on or through the Website/Apps; or (4) unexpected technical issues or problems.

13.3

If Hitech does take any legal action against You as a result of Your violation of these Terms of Use, Hitech will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hitech.

14. TERMINATION

14.1

The Terms of Use will continue to apply until terminated by either You or Hitech as set forth below. If You want to terminate Your agreement with Hitech, You may do so by (i) not accessing the Website/Apps; or (ii) closing Your accounts for all of the Services that You use, where Hitech has made this option available to You.

14.2

Hitech may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if: You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); Hitech is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); The provision of the Services to You by Hitech is, in Hitech’s opinion, no longer commercially viable; Hitech has elected to discontinue, with or without reason, access to the Website/Apps, the Services (or any part thereof); or

14.3

Hitech may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website/Apps or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

14.4

You agree that all terminations shall be made in Hitech’s sole discretion and that Hitech shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website/Apps and Services.

14.5

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Hitech chooses to terminate them.

14.6

If You or Hitech terminates Your use of the Website/Apps, Hitech may delete any content or other materials relating to Your use of the Website/Apps and Hitech will have no liability to You or any third party for doing so.

15. CONFIDENTIALITY

15.1

'Confidential Information' means all information in relation to the services or otherwise of the Company through this Website /App (including any information relating to the Account, username or password etc.) and other such details (the 'Disclosing Party') or, which may be supplied to or may otherwise come into the possession of the other (the 'Receiving Party'), whether visually, orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

15.2

All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms of Use. Notwithstanding anything contained in the Terms of Use, the User/Customer gives his unconditional consent to the Company that it may sell or license or permit third parties to use such data or information, on payment of consideration or otherwise.

15.3

The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.

15.4

Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

15.5

All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

16. CONFIDENTIALITY

16.1

These Terms of Use and all transactions entered into on or through the Website/Apps and the relationship between You and Hitech shall be governed in accordance with the laws of India without reference to conflict of laws principles.

16.2

1You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/Apps, the Terms of Use or any transactions entered into on or through the Website/Apps or the relationship between You and Hitech shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts.

17. REPORT ABUSE

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website/Apps, please report to Hitech customer support.

18. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Hitech in respect of the Website/Apps. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

19. Communications

You hereby expressly agree to receive communications from Hitech by way of SMS, e-mails and other mediums related to the services provided.

20. Feedback and Information

Any feedback You provide to this Website/Apps shall be deemed to be non-confidential. Hitech shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that
  1. Your feedback does not contain confidential or proprietary information of You or of third parties;
  2. Hitech is not under any obligation of confidentiality, express or implied, with respect to the feedback;
  3. Hitech may have something similar to the feedback already under consideration or in development; and
  4. You are not entitled to any compensation or reimbursement of any kind from Hitech for the feedback under any circumstances.

21. Hitech reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.

21.1

Hitech reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, with any feature, whether similar to this or not, or to withdraw it altogether.

21.2

Hitech reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer. Copyright © The Copyright Act, 1957. Terms Of Offer For Sale These terms of offer for sale (“Terms of Offer For Sale“) between Hitech and the users of the Website/Apps (“You” or “Your” or “Yourself” or “User“) describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons (“Voucher/s“) or otherwise on the Website/Apps, www. hitechlabsindia.com (“Website/Apps“)

22. General Provisions

22.1

Notice: All notices of Hitech will be served by email or by general notification on the Website/Apps. Any notice provided to Hitech pursuant to the Terms of Use should be sent to Hitech customer support.

22.2

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Hitech’s rights under the Terms of Use are freely transferable by Hitech to any third parties without the requirement of seeking Your consent.

22.3

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

22.4

Waiver: Any failure by Hitech to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Hitech of that provision or right.

22.5

Force Majeure: Failure to provide any services / merchandise order with Hitech on account of result of Acts of God (including fire, flood, earthquake, or other similar disaster), war, terrorist activities, , government sanction, blockage, labor dispute, strike, lockout or any interruption or any failure of utility services for provision services by the Company and such other events not under control of Hitech, Then in all such cases Hitech shall be liable to perform any obligation arising out of this terms of use.

22.6

Grievance Redressal: ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of Hitech’s Terms of Use, Term of Offer for Sale and other polices or questions are published as under:

Grievance Officer Name: Ravikumar Pillay
Designation: Head, Customer Experience
Email Address: support@metropolisindia.com
[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]

The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.