PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Welcome to www.theths.com ("theths.com", "theths", "Website", “Site” or "we"). This Website is owned and operated by TheThs Technologies Pvt. Ltd, whose registered office is in New Delhi, India.
By accessing or using this website based service, you agree to be bound by the terms and conditions described herein and all terms and conditions incorporated by reference. This Terms & Conditions applies to the Site and all products and services offered by TheThs Technologies Pvt Ltd. If you do not agree to all the terms and conditions mentioned, do not use this website based services.
As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines :
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We allow You to open only one Account in association with the Registration Data provided by You.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
TheThs Technologies Pvt Ltd may collect and use Users personal information for the following purposes:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We may use feedback you provide to improve our products and services.
To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
TheThs provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website.
TheThs is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website.
Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the TheThs website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The Third Party Labs may not access the Services if the Third Party Labs are TheThs direct competitor, except with TheThs prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and TheThs shall have no liability or responsibility in this regard. TheThs does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and TheThs shall have no liability or responsibility in this regard. TheThs does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.
TheThs may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while TheThs investigates complaints or alleged violations of these Terms of Use, or for any other reason.
TheThs has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact TheThs immediately for such corrections. TheThs shall have no liability or responsibility in this regard.
In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold TheThs responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of TheThs.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. TheThs is in no way responsible for any of the taxes except for its own income tax.
You are also prohibited from :
Violating or attempting to violate the integrity or security of the Website or any TheThs Content.
Intentionally submitting on the Website any incomplete, false or inaccurate information.
Making any unsolicited communications to other Covenanters.
Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
Copying or duplicating in any manner any of the TheThs Content or other information available from the Website.
The Other Parties shall not hold TheThs responsible or liable in any way for any disclosures by TheThs under Regulation 6 of the SPI Rules.
TheThs does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the TheThs Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
TheThs shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; TheThs shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
The Other Parties further accept and acknowledge that TheThs does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the TheThs Content, Third Party Content, representations and warranties made by the Other Parties on the Website.
The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
Notwithstanding anything contained in this General Offer Terms, the total liability of TheThs and the Service Provider, shall not, in any circumstances, exceed the Rs. 1000/- (Rupees One Thousand only), irrespective of the nature of the claim which results in such liability and whether based on contract or tort or any other theory of law.
In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
Other Parties accept and acknowledge that TheThs shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of TheThs or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond TheThs’s reasonable control (“Force Majeure Event”).
The Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through TheThs to an Ambulance Driver on the TheThs network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, TheThs notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as TheThs may determine.
TheThs shall procure reasonable efforts to bring You into contact with an Ambulance Driver, subject to the availability of Ambulance in or around Your location at the moment of Your request for such services.
In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, TheThs on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle/Ambulance for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
You acknowledge and agree that Substitute Vehicle/Ambulance may not be necessarily of the same type as the original Vehicle/Ambulance booked by You from the Site.
TheThs bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
The images shown are for demonstration purposes only, the actual vehicle/ambulance can be different from the image shown.
You are aware of and shall comply with the Information Technology Act 2000, and the rules, regulations and guidelines notified thereunder.
All payments for TheThs Technologies Pvt Ltd need to be made in advance into the bank account through either a NEFT or via payment link or the online payment gateway on the TheThs website.
We will consider bookings confirmed only after payments have been made into the bank account and we receive a confirmation of the same. In case of a technical or bank related delay on this, we will do a full refund of the payment made.
By making a full/partial payment, you are agreeing to the rules that apply for each booking, maintain the sanctity and decorum during the trip to and from the location provided.
TheThs shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles/Ambulance at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform TheThs of the incorrect details immediately.
You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride.
In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by TheThs.
100% of cancellation charges applicable for regular booking.
Refund of any valid cancellation amount will take 10 working days and will attract 5% of payment gateway charges.
TheThs Technologies Pvt Ltd has the discretion to update this Terms & Conditions at any time. When we do, we will revise the updated date at the bottom of this page.
TheThs reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that TheThs will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Terms & Conditions periodically and become aware of modifications.
The customer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this Website / Application is for general information purposes only. The information is provided by TheThs and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TheThs. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Website / Application up and running smoothly. However, TheThs takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.