Modifications and Refunds
Once an online booking is made on the Website, you will not be able to make any modifications to it but can only cancel it only through the Website. Refunds through credit/debit cards will be only in accordance with credit/debit card refund procedures. Please refer to our Refund Policy (as provided hereinafter) for more information.
Mode of Payment
- Payments are accepted by means of Net Banking, Credit Card or Debit Card.
- Credit Card: Payment for online booking is accepted by Credit Card (MasterCard and VISA only). We accept all major Credit Cards.
- Debit Card: Payment of online booking is also accepted by Debit Card (MasterCard and VISA only).
Exclusions to Online Payment Facility
Thynksight Technologies Private Limited may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment by Users to the channel partners, third party service providers and or suppliers and other charges, if applicable. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Thynksight Technologies Private Limited shall not in any way be liable for any delay, disruption or defects in the services offered by these third party payment service providers or such payment facility facilities.
You acknowledge that you assume all the risks involved in using our online payment facility and we shall not be in any way liable for any damage, loss, expense or detriment caused (directly or indirectly) by a defect in the online payment facility purported to have been caused or caused by reason of your use of such online payment facility or for whatsoever reason. We 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 or on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
Cancellation & Refund Policy
Cancellation of the health check appointment once payment is made should be done by raising a request from our website by giving the Appointment ID and refund in such case will be made to the payee after deducting 3% of the transaction amount not exceeding Rs. 300/- (Rupees three hundred only). Please note that the refund process may take 10 working days from the date of appointment cancellation
Cancellation of Pharmacy Order shall l not be accepted once you confirm the order on call. Pharmacy orders are not eligible for exchange. A maximum of three (3) re-schedule requests shall be permitted for Pharmacy order within a span of 10 days reckoned from the date of booking of the order on the Website.
Credit Card Authentication
Effective 1 August 2009, Reserve Bank of India has made it mandatory for all banks to implement additional verification and validation procedures in all cases of "card not present transactions". All card holders have to register with their card issuing banks and create a Verified By Visa or MasterCard secure code password which has to be entered whilst making online payment.
Security
Website will take all reasonable measures to ensure that information you transmit to Website, will remain confidential and protected from unauthorized access but Website does not warrant against unauthorized access and will not be liable for any unauthorized access by any means to that information.
Your Credit Card details are transmitted directly to the payment gateway provider and Website does not see any of its information at any time.
Taxes
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Restrictions on Use
As mandated by Regulation 3(2) of the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011, Thynksight Technologies Private Limited hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Thynksight Technologies Private Limited or otherwise engage in any conduct or action that might tarnish the image or reputation, of Thynksight Technologies Private Limited or sellers on platform or otherwise tarnish or dilute any Thynksight Technologies Private Limited's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Thynksight Technologies Private Limited's systems or networks, or any systems or networks connected to Thynksight Technologies Private Limited.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
Trademark, Copyright and Restriction
This site is controlled and operated by Thynksight Technologies Private Limited and the services and products are sold by respective third party service providers, suppliers and channel partners. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Intellectual Property Rights
It is hereby specifically recorded that the copyright and other Intellectual Property in the products and services available on the Website is the sole and exclusive property of third parties. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights.. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
Breach
Without limiting other rights and remedies, Thynksight Technologies Private Limited may limit your activity, immediately remove your information or your purchases or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If you breach the User Agreement or any terms or policies of the Website.
- If your actions may cause legal liability for you, other users or Thynksight Technologies Private Limited.
Thynksight Technologies Private Limited may at any time at its sole discretion reinstate suspended users. Thynksight Technologies Private Limited reserves the right to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
No Warranty and Disclaimers
Thynksight Technologies Private Limited and its affiliates, third party service providers, third party channel partners provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk. Thynksight Technologies Private Limited, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
Indemnity
You shall fully indemnify, keep indemnified, defend and hold harmless Thynksight Technologies Private Limited and Thynksight Technologies Private Limited’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
Limitation of Liability
The Website is solely an online Cashless Outpatient Services Network where various channel partners offer their services. Thynksight Technologies Private Limited in no manner is to be construed as the service provider, supplier or the like. You hereby release Thynksight Technologies Private Limited, your employer (if applicable) from all liability (of whatsoever nature) arising from your availing of any of the services and / or products on offer on the Website. The channel partners, third party service providers, suppliers are wholly liable to ensure delivery & quality of the services and / or products on offer on the Website.
In no event shall Thynksight Technologies Private Limited or its affiliates or your employer (if applicable) or service providers be liable to the User for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy). Thynksight Technologies Private Limited or your employer (if applicable) shall in no manner whatsoever be liable to the User for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from User’s use of the Website or the Services.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Thynksight Technologies Private Limited and you shall have no authority to bind Thynksight Technologies Private Limited in any manner whatsoever nor shall Thynksight Technologies Private Limited have any authority to bind you in any manner whatsoever. All the services provided by the Thynksight Technologies Private Limited shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This Agreement sets forth the entire understanding and agreement between you and Thynksight Technologies Private Limited with respect to the subject matter hereof.
In Thynksight Technologies Private Limited's sole discretion, Thynksight Technologies Private Limited may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Thynksight Technologies Private Limited on reasonable efforts basis and if practicable may provide you with an advance intimation of any such acts.
Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of your personal sensitive information as governed by the Website’s Privacy Policy is:
Grievance Officer:
contact@thynksight.com
Thynksight Technologies Private Limited
392 A, Mahale Plot,
3rd Floor Gokhalenagar, Pune
Maharashtra, India - 411016
Other Complaints
In the event you have any complaints or concerns with respect to the website or our services, please contact us at contact@thynksight.com
Governing Law
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Thynksight Technologies Private Limited shall be governed and construed in accordance with the laws of India.
Arbitration
If any dispute arises between you and Thynksight Technologies Private Limited during your use of the Website or your dealing in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Thynksight Technologies Private Limited. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Pune.
