All the terms and conditions inscribed hereunder, together with the privacy policy (“Privacy Policy”), specific terms and conditions (“ T&Cs”), any other policies that may be notified from time to time and any disclaimers that may be available on the website siddhivinayaklifeline.com. shall constitute the agreement (the “Agreement” or “Terms of Use”) between Siddhivinayak Care Solutions Private Limited, (CIN … a company incorporated under the Companies Act, 1956 of India, having its registered office at 8, Anand Chaya Shopping Centre, Near Dnyanasadhana College, Wagle Estate Thane West -400604 and the registered individual user who has a valid and existing membership of Siddhivinayak or any other service provided by the Company (“Services”) (“ Member” or “you”). “Siddhivinayak” service, plan/ membership is brought to you by Siddhivinayak care solutions Pvt Ltd. Company and you may also be referred to together as “Parties” or individually as “Party” in course of the Agreement.
- By using any of the Services, you agree to these Terms of Use and you agree to be bound by these Terms of Use and use the Services in compliance with these Terms of Use. You expressly represent and warrant that you will not use these Services if you do not understand, agree to become a party to, and abide by all of the Terms of Use. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any right(s) to any third party or any other person.
- Siddhivinayak helpdesk can be contacted anytime from 10 am till 7 pm from Monday to Saturday, except National holidays. It may be noted that some of the Services may not be available on Sundays. The helpdesk contact number is 8585857091
- The main business of the company is to create members through subscription model offering them various plans asdeclared by the company from time to time. By which Company will offer various discount schemes for medical as well as hospitalisation services, Ambulance services in the case of emergencies ,, and or various discount schemes from various chemist and shops, Laboratories etc
- The Company offers such services to its eligible members only. Eligible members means Members who has paid subscription for particular period under various plans offered from time to time and whose membership has not been terminated otherwise than a completion of subscription period and excludes all the members who has failed to renew its subscription before completion of subscription period.
- It is hereby declared that the Company is not a merchant, manufacturer, or provider of medical services,. Company makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Company also does not authorize anyone to make any warranty on Company’s behalf. Company and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time. SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES. The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
- Healthcare services means and includes, Ambulance services, Hospitalisation services, Health check up laboratories, Pathology, Chemist, Pharmacy etc.
- The Medical Service Providers, ambulance service providers, chemist shop, Health care laboratories etc. are independent entities / professionals in private practice and are neither employees nor agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, the Company does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The Company shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
- You shall not deliberately use the Services in any way that is unlawful or harms the Company or health care Service Providers, Company’s directors, employees, affiliates, distributors, partners, service providers and/or other Members. If the Company suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights the Company may have, the Company reserves the right to inform the relevant government or law enforcement authorities. The Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services by Company and update information from time to time.
- By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. You agree that your mobile number as provided by You shall be used as your default mobile number for receiving all the communication It is your responsibility to ensure that the contact details provided by you is correct.
- Any benefits offered by Company may be issued in such manner and form, whether paper, electronic or otherwise, as Company deems fit.
- Any advice provided by any healthcare service provider shall depend solely on the completeness and accuracy of the information provided by you. Neither Company nor any health Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Healthcare Service Provider to you.
- The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and may be subject to certain limitations Consequently in no event shall Company and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business / revenue / profit / goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Company in any manner whether or not Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. You specifically agree and understand that neither Company nor any Medical Service Provider or ambulance service provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm.
- The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Company. Company shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or nonmedical, professional or non-professional of any Medical Service Provider for any reason whatsoever.
- Company is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Company may deem fit.
- Not with standing the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
- The Terms of Use, any Specific Service Terms, the Medical Service Providers’ own terms of service and the Services may periodically change, thus you are hereby requested to call our customer service call centre or visit our website to check these before making an appointment.
- MEMBERSHIP TERM: i) Once, as per the selected plan option, the initial membership fee and any enrollment, processing or other fee as specified in particular plan for which you have applied, is paid by you and received by Company, you will become a Member and will be entitled to the Services as described in that particular plan, during from such date until the date of expiry stated on the Company’s membership card which will be sent to you.
ii ) Once you opted for the membership and switchover the plan you can move to higher plan only. Downward movement is not allowed.
- CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the Company or sending an email within first 14 days of receiving the welcome kit from the Company. But amount paid by the company shall not be refunded by the company at any cost.
- RENEWAL OF MEMBERSHIP: Members may be informed by Company about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Company receives the payment for renewal of membership at least two weeks prior to the membership expiry date. Company is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Company is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership until Company receives full payment for your membership for the next term.
- RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
- COMPLAINTS: Members are advised to address their complaints, if any, to our representatives through the contact number or email id provided on the Company’s Website. However if you are not satisfied with the representatives response(s), you may write to us at our registered office address or mail us at customer service siddhivinayakamb99@gmail.com. Member’s rights or duties under these Terms of Use may not be assigned or delegated without the prior express written consent of the Company.
- Company reserve the right to modify the Terms of Use at any time without giving you any prior notice. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services or to particular Services are also considered part of these Terms of Use. By agreeing to these Terms of Use, you also agree to the specific terms of use of the specific Services, which are available at https://.siddhivinayaklifeline.com.
- INTELLECTUAL PROPERTY: Company respects the intellectual property rights of others, and it expect the same from you. All the content on Company’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the Company’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Company or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Company to you in respect of such works. Company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package.
- REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that
- You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will
- ensure that the minor person observes and complies with the Terms of Use and
- assume full liability for any non-compliance or violation of the Terms of Use by the minor in a way that any non-compliance or violation by the minor person shall be deemed to have been committed by You.
- All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;
- You will use the Services solely for your personal and non-commercial use; and
- You will not use the Services in any way that is unlawful, or harms any person or entity.
- Services offered to the members are not transferable and encashable.
- INDEMNIFICATION: You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.
- TERMINATION: Company reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the Company’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Company shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Company in connection with such suspension or termination.
- GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. However, the Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
- GENERAL PROVSIONS:
- If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company: at Company’s service email id
i.e. siddhivinayakamb99@gmail.com
if to you: at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the Company.
- No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Complete Understanding. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- Force Majeure. Company shall not be liable for any deficiency or delay in Service caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, Voucher T&Cs and any other policies applicable to Services, the following order of prevalence shall apply: (i) the Terms of Use (ii) the Privacy Policy (iii) Voucher T&Cs (iv) any other policies applicable to Services.
- Company has undertaken basic due diligence at the time of engaging a healthcare practitioner, Ambulance service provider, for its health service such as checking his/her medical council registration. Company does not warrant that the healthcare practitioners engaged for the purpose of providing health services shall be possessed of any particular skill or qualification other than what is expressly communicated to you by the Company.
- You shall inform, or arrange to inform, help desk as soon as possible if a medical emergency develops or in the unfortunate event of death.
- Company disclaims any representation and/or warranty and/or liability for i) The security, reliability, quality, timeliness, and performance of the hospital services provided by medical professionals OR completeness of the professional opinion of the healthcare professionals who interact with members as a part of membership program.
- Company expressly disclaims any liability arising out of any preexisting medical condition, any adverse drugs reaction, medical procedure related condition that is not connected to company, negligence or misconduct of healthcare professionals, practitioner who is associated of the company.
Terms of Use : Diagnostic services
For availing certain health check facilities you need to comply with certain conditions as directed.
- Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.
- Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile. The responsibility of collecting the test reports shall be on you, and the same shall be collected from the concerned laboratory, where the test was conducted.
- It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service Provider. In the event of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk.
Terms of Use: Pharmacy Discounts
- For availing pharmacy discount benefits you need to comply with T&Cs and terms as detailed below.
- The pharmacy discount shall entitle you to order medicines ONLY and not the toiletries, cosmetics, FMCG products or the products of similar kind.
The pharmacy discount is applicable only at specific retail pharmacy outlets and not on all Retail shops.
- For prescription based medicine orders, a valid prescription from an authorised doctor is required for the fulfilment of the order.
- The delivery and/or COD charges shall be borne by you and shall vary from pharmacy to pharmacy.
- Any sale of the medicines by the pharmacy will be as per the applicable Indian Drugs and Cosmetic Act 1940.
- Company holds no responsibility for any misrepresentation and/or over-charging of any amount in excess of Maximum Retail Price (MRP) of products and/or for any direct or indirect damage, loss, or health problems that may arise from the use of any products offered by the pharmacy.
Fulfilment of orders is subject to availability of product(s) at the time of processing the order.
Terms of Use of : Ambulance services.
- Ambulance services will be available on call.
- Generally ambulance services will reach as early as possible to destination within local municipal boundaries. Some time due to traffic condition it may take more time than in that case Members do not have any right to claim any loss of life or any other compensation claimed for such delays.
- Members will not misuse the ambulance services other than medical emergencies.
- Ambulance services are not available for any non medical emergencies.
- Base Ambulance service will consist of one driver and one helper.
- ICU ambulance services are accommodated by one paramedic staff with emergency medical oxygen facility.
- The type of ambulance services will be as per selected plan by the members.
- Ambulance services avail in package will be within range of 25 km from Thane city.