• This Privacy Policy is published in compliance with, inter alia:
• Section 43A of the Information Technology Act, 2000 (“IT Act”);
• Rule/Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
• Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
• Consumer Protection (E-Commerce) Rules, 2020
• This document is an electronic record of the Privacy Policy and terms and conditions for access or usage of the website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
• Welcome to mend.zone (hereinafter referred to as the “Website”) and/or on a mobile application platform or any other digital platform developed or sourced by Adinid Digital Automation Private Limited (hereinafter collectively referred to as the “Platform”).
• If we say ‘policy’ we’re talking about these Terms & Conditions. If we say ‘user terms’ we’re talking about the rules for using each of the Sites. The rules vary by product and each product makes them separately available and seeks consent to them separately to this policy.
• The content of this Platform pertains to mend.zone and is the property of Adinid Digital Automation Private Limited having its registered office at 301, RPS Savana, Sector-88, Faridabad, Haryana, India – 121002 operating under the brand name mend.zone (hereinafter referred to as mend.zone, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its wholly owned subsidiaries, successors and permitted assigns). Mend.zone is India’s largest diagnostic marketplace connecting the Lab & Radiology service providers to customers.
• By using the Platform, You represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein. The Terms of Use (defined hereinafter) sets out the legally binding terms with respect to your access and use of the Platform and our provision of the Services (as defined below).
• Please read these Terms of Use carefully. Your access to the Platform and/or use of the Service (defined hereinafter) constitutes your acceptance of all the provisions of these Terms of Use and Privacy Policy. mend.zone reserves the right to modify these Terms of Use without any prior notice. You are advised to review and access these Terms of Use regularly. If you do not agree with any of the Terms of Use and any amendments thereto, you must not access the Platform and/or use the Services offered by us.
• Mend.zone reserves the right to change or modify these Terms of Use or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. Your continued use of the Platform will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Platform. By accessing, registering or using the Services you agree to be legally bound by these Terms of Use/agreement and consent to our usage of information as outlined in our Privacy Policy.

The type of personal information we collect

• We collect certain personal information about visitors and users of our Sites.
• Mend.zone may collect some of Your personal information, including sensitive personal data or information to provide facilitation Services including scheduling appointments, etc. This may include records of any such communications exchanged between You and mend.zone along with the data that You recorded on the Platform which shall be collected and stored by mend.zone or its affiliate’s servers.
• Mend.zone may use Your information to provide you with the Services, important information, required notices and marketing promotions. In order to make the best use of the Platform and enable Your information to be captured accurately on the Platform. Mend.zone will, at all times, provide the option to You, to not provide the personal information or sensitive personal information, that mend.zone seek from You. Additionally, You have the right to withdraw Your consent to use such information at any time while using the Platform by sending a written request to the contact details provided below in this Terms of Use. However, if You choose to withdraw Your consent or not provide the personal information or sensitive personal information, that may be required for accessing the Platform and rendering of Services, mend.zone reserves the right to deny further usage and access to the Platform.
• Further, use of the Platform and/or the Services is also governed by our Privacy Policy.

How we collect personal information

• We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or other people when you use services associated with the Sites.
• ⦁ We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, or email list, submit feedback, enter a contest, fill out a survey, or send us a communication.

Do We Share the Information We receive?

• Information about You and the other Users of the Platform forms an integral part of Our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site or the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information by third parties. We have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, Retail Pharmacies, payment gateways, and logistics partners who are the intended recipients and may have access to the personal information but shall not disclose such information including further to any other individual/entity. Some of the third parties include:
• Retail partners: Some of Your personal information will be shared with Lab/Radiology partners. You can identify when a third party is involved in Your transactions, and We share customer information related to those transactions with that third party;
• Third-Party Service Providers: Some of Your personal information may be shared with third-party service providers, such as diagnostic service providers (including but not limited to labs, collection agents etc.), retailers, and logistics providers for the fulfilment of Services and delivery of Your order(s). Examples include fulfilling orders, facilitating and conducting diagnostic tests, including sample collection and processing, delivering packages, sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, consultation with Medical Practitioners, providing search results and links (including paid listings and links), processing card payments and providing customer service. They have access to personal information needed to perform their functions including but not limited to performing quality checks on Your testing, for teaching purposes, or for developing normal reference ranges for the diagnostic tests performed. The tools used by such third-party service providers to provide the Services may also collect Your personal information during the process of providing such Services. Further, they must process the personal information following this Privacy Policy and as permitted by applicable law. It is clarified that We will not be responsible and liable for the acts of omissions and commissions of such third parties associated with Us. However, We may facilitate resolving any issue You may face with such third parties;
• Our Legal obligations: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of Our Users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;
• Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate, will have the right to continue to use the information provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregated manner, so that they too may understand how Users use Our Site or App and enable Us to create a better overall experience for You; and
• Improving Our business: You acknowledge that We have a right to use a recorded copy of Your telephonic conversation, and e-prescription with Your Medical Practitioner, and Your diagnostic test reports for improving Our Services, marketing and promotional efforts, customize Your experience and aiding You in procuring targeted consultation for any underlying medical condition. These uses improve the Site, the App, and the Services, and better tailor it to meet Your needs, to provide You with an efficient, safe and customized experience. We may transfer such personal Information to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered to by Us.

Indemnity and Liability

• 1) You agree and undertake that you shall, on demand, indemnify, defend and hold harmless, mend.zone, its directors, officers, employees, representatives, agents, shareholders or affiliates (“Indemnified Parties”) from all loss, demand, claims, expense or damage incurred or anticipated to be incurred by the Indemnified Parties for any consequence arising out of
• use of the Platform or the Services by You,
• any breach by You of any of the terms of the Terms of Use,
• any breach of applicable laws, rules, regulations or guidelines by You in the course of Your use of the Platform and/or Services.
• 2) The Indemnified Parties shall notify You, as soon as reasonably practicable, of any circumstance that could lead to a liability. Nothing herein shall act as a waiver of claims by the Indemnified Parties should they fail to provide any notification and/or restriction against taking any steps in good faith to protect themselves against any liability or sanction that may inure upon them if not for having taken such steps.
• 3) In no event, to the fullest extent permissible pursuant to applicable law, including but not limited to negligence, shall mend.zone, its directors, officers, employees, representatives, agents, shareholders, affiliates or any other party involved in creating, producing, or delivering the Services (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, the provision of information via the Platform, lost business even if such mend.zone has been advised of the possibility of such damages. Notwithstanding the preceding sentence, in no event shall the total aggregate liability of the mend.zone to You for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or a Your use of the Platform or the Services exceed, in the aggregate the Fee paid by You for the Services availed by You in respect of which the claim is made.
• You agree to indemnify and hold harmless mend.zone, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Platform, violation of this Terms of Use, or infringement by user of any intellectual property or other right of mend.zone or any person or entity. mend.zone will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost. The obligation to indemnify shall be effective and shall extend to all such claims or losses in their entirety. This shall further include any third-party claims made against mend.zone in respect of any infringement of the Terms of Use or claims made on account of any negligence, default or breach by You arising out of or in respect of the performance of these Terms of Use.
• 5) Further, under no circumstances, mend.zone shall be liable for any defamatory, offensive or illegal conduct of any user/customer. If You are dissatisfied with any of the services provided by mend.zone, You may approach such diagnostic lab and/or discontinue using the Platform and the Services provided/listed on the Platform.

General Terms

• Your access or use of the Platform, transaction on the Platform and use of Services (as defined herein below) hosted or managed remotely through the Platform, are governed by the following terms and conditions together with any additional Service-specific terms and conditions, other policies which may be applicable and/or available on our Platform and any disclaimers which may be present on the Platform including the applicable policies which are incorporated herein by way of reference are jointly referred to as “Terms of Use” and constitute the terms of your access and use of the Platform and the Services. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Adinid Digital Automation Private Limited (mend.zone) on the other Part. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and mend.zone.
• Your use of our Services is subject to your compliance with these Terms of Use. These Terms of Use apply to all visits to the Platform and all other applications operating under the brand name “mend.zone” by Adinid Digital Automation Private Limited, and all uses of our services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services, as detailed on the Platform.
• Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the Platform is not transferable. Mend.zone may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
• Mend.zone reserves the right to activate or deactivate any offers and promotions on the service provided at any time. You agree that we may send you text notifications and marketing offers. You acknowledge that consent is not a condition for any purchase.

Eligibility

• By using the Platform and/or availing the Services, You represent and warrant that You have the right, authority, and capacity to agree with the policies of mend.zone, in respect of the Services being offered and to abide by all of the conditions set forth herein.
• You are responsible for all the transactions you make under your name or account.
• You are 18 years of age or over and have the legal right to agree with the form of the binding contract in your jurisdiction.
• You signify and warrant to the Company that you will use the Services in a manner dependable with all the pertinent rules and regulations.

Services

• 1) The use of this Platform entitles You, to avail certain services as provided in the following clauses and interpretation of the term Services shall be done accordingly depending upon the context.
• 2) The following services are offered by mend.zone through its Platform:
• a) Health investigations/test services at home (sample collection from Your doorstep).
• b) Health investigations/diagnosis/scan services from test centres/laboratories.
• Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
• c) Any other services/goods that may be offered by the Company through its Platform
• (all collectively hereinafter referred to as the “Services”)3) The Company reserves the right to change the nature or price payable in connection with Services at its sole discretion. Such change may be notified by publishing the same on the Platform.

Sample Collection and Processing

• Sample collection is scheduled on the booking date of tests. You can also reschedule the sample collection as per the available time and slot.
• You may experience a delay in a scheduled sample collection due to factors beyond the reasonable control of mend.zone including but not limited to any act of God and any other cause(s) beyond the control of mend.zone such as fires, floods, strikes, lockouts, lockdowns, curfews, riots or civil commotion, epidemics, pandemics, COVID restrictions, war, change in the legal/regulatory regime and acts of government, technical failure, political rallies, VIP movements, weather conditions etc. Any delay or cancellation will be timely informed to you by mend.zone. Kindly keep a check on messages, WhatsApp and emails regularly for recent updates.
• Post sample collection, reports are usually generated as per the timeline as communicated to You at the time of booking, however, some tests may have a longer turnaround time and the same shall be informed to You at the time of sample booking/collection. In exceptional cases due to unforeseen circumstances, there are chances that You may experience a delay in the release of test results. You hereby agree to bear the delay that You may have to experience. As such, the diagnostic Services should not be availed by You in case of emergency.

Cancellation Policy

• mend.zone reserves the right to reschedule or cancel an appointment with prior intimation to You. The time provided for conducting the test is indicative and the actual time for availing the Services may change depending on the availability of the phlebotomists. Mend.zone shall not be held responsible, in case of any rescheduling or cancellation due to circumstances beyond the reasonable control of mend.zone including but not limited to any act of god and any other cause(s) beyond the control of mend.zone such as fires, floods, strikes, lockouts, lockdowns, curfews, riots or civil commotion, epidemics, pandemics, COVID-restrictions, war, change in the legal/regulatory regime and acts of government, technical failure, political rallies, VIP movements, weather conditions etc.
• mend.zone holds all the rights to reschedule or cancel a test booking Service with prior intimation to You in writing. The time provided for consultation or performing tests is analytical and the actual time for providing such services may get modified depending on the availability of the phlebotomists or field specialists. You can also reschedule or cancel the bookings of the Services as per your convenience by the procedure provided on the Platform.
• In case of cancellation or non-confirmation of the booking by mend.zone due to any reason, You may contact mend.zone to reschedule the booking within 7 (Seven) days of cancellation and if You fail to do so, then You will not be allowed to get a refund or cancellation of the Fee payment as may be made to mend.zone.
• mend.zone shall not be responsible in any way for any hassle or loss caused to You as a result of such rescheduling or cancellation of the booking. Further mend.zone reserves the right to reject service at any time without offering any reasons.

Payment & Refund Policy

• Mend.zone shall endeavour to provide You with facilities/gateways to pay the fee in consideration of the Services (“Fee”) on the Platform through credit cards, debit cards, cash cards, UPI and internet banking.
• It is understood and agreed by You that the Services shall only commence after realization of money by mend.zone in case online payment is being opted for by them.
• It is understood and agreed by You that payment mechanisms may be governed by separate/additional terms prescribed by Us.
• mend.zone reserves the right to refuse or cancel any order placed for a product/package that is listed at an incorrect price. This shall be regardless of whether the order/booking has been confirmed and/or payment has been made. In the event the payment has been processed by Mend.zone, the same shall be credited back to You in the same facility accessed by You to make the payment, within 7-14 working days, which shall be duly notified to You in writing by mend.zone .
• 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 by mend.zone.
• You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Platform. Further, mend.zone reserves the right to change the Fees at its sole discretion without any prior notice to You.
• You understand and agree that payment mechanisms on the Platform would be routed through third-party vendors who provide facilities for such payment mechanisms, as such the terms of use of the same shall be governed as per the terms and conditions/terms of use of such third-party vendors. You are requested to review the terms and conditions/terms of use and the privacy policy of such third-party vendors. The use of the payment mechanism of such third-party vendor shall be construed as Your consent to such terms and conditions and privacy policy.
• You understand and agree that in no event whatsoever, mend.zone shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fee shall be Your sole responsibility. You agree that in case of any dispute, error or concern with regard to the payment mechanism, shall be dealt with by You with such third-party vendor and mend.zone shall not have any responsibility for the same.

Medical Advice

• We Do Not Provide Medical Advice: The information that you obtain or receive from mend.zone, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFORM. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Platform. If you rely on any of the information provided by the Platform, You do so solely at Your own risk.

Cookies and Other Tracking Technologies:

• We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site or the App. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile applications to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications.
• Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site or App is accessed. Our use of cookies and other tracking technologies allows Us to improve Our Site or the App and Your experience.
• At all times, You may refuse all cookies on Your browser or the App by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile’s “help” file or the browser.