A. TERMS OF SERVICE AGREEMENT
LAST REVISION: [ 01.01.2018 ]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.surphy.in (the "Website"), SURPHY ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. SURPHY reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. SURPHY will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. SURPHY encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SURPHY for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct SURPHY sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations SURPHY and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: email@example.com
3. You may send a written remove request to N-1408,Amrapali Silicon City, Sector-76, Noida.
Proprietary Rights. SURPHY has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by SURPHY. SURPHY also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Taxes. If you purchase any Products/Services, you will be responsible for paying any applicable taxes.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. SURPHY does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that SURPHY does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. SURPHY does not endorse the contents on any such third-party websites. SURPHY is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; SURPHY is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Website by other users,
(3) not resell material on the Website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. By using this Website, you are granted a limited, non- exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from SURPHY or the applicable third party (if third-party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant SURPHY a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. SURPHY does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. SURPHY is not liable for any damage or harm resulting from any posts by or interactions between users. SURPHY reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content SURPHY deems objectionable, in SURPHY's sole discretion.
DIAGNOSTIC SERVICES :
1. Terms for use of the Diagnostic Services:
2. The Third Party Labs or Diagnostic centres may not access the Services if the Third Party Labs or Diagnostic centres are Surphy’s direct competitor, except with Surphy’s prior written consent. In addition, the Third Party Labs or Diagnostic centres may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3. Surphy will provide to the Third Party Labs or Diagnostic centres basic support for the Services at no or minimal additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Surphy’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Surphy will provide the Services only in accordance with applicable law(s) and government regulations.
4. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs or Diagnostic centres are permitted to make against Surphy’s application programming interface, and, other limitations dependent on the Third Party Labs or Diagnostic centres plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ or Diagnostic centres' plans. The Services provide real-time information to enable Third Party Labs or Diagnostic centres to monitor such Third Party Labs’ or Diagnostic centres' compliance with such limitations.
5. Notwithstanding anything to the contrary contained herein, Third Party Labs or Diagnostic centres alone shall be liable for Third Party Labs' or Diagnostic centres 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 Surphy shall have no liability or responsibility in this regard. Surphy 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 centres or any third party through the Website. The Services should not be used for emergency appointment purposes.
6. Notwithstanding anything to the contrary contained herein, Third Party Labs or Diagnostic centres alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Surphy shall have no liability or responsibility in this regard. Surphy 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 or Diagnostic centres.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Surphy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.) without limiting the generality of the foregoing, Surphy makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
Surphy entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website. surphy will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products/services purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless SURPHY, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to SURPHY. When SURPHY is threatened with suit or sued by a third party, SURPHY may seek written assurances from you concerning your promise to indemnify SURPHY; your failure to provide such assurances may be considered by SURPHY to be a material breach of this Agreement. SURPHY will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with counsel of SURPHY choice at its expense. SURPHY will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SURPHY against any claim, but you must receive SURPHY prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. SURPHY will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. SURPHY may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and SURPHY and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of SURPHY to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Gautam Buddha Nagar. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor SURPHY will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Uttar Pradesh. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. SURPHY reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SURPHY may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products/Services. If your access to the Website is terminated, SURPHY reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until SURPHY chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. SURPHY makes no representation that the Website or Products/Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. SURPHY may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR BOOKING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
B. TERMS AND CONDITIONS FOR DISCOUNTS AND CASHBACKS
1. USING YOUR DISCOUNT COUPON
1.2 By confirming your booking using the Discount Coupon you are accepting these terms and conditions. Any terms which you seek to impose in respect of the order for Discount through this site will not form part of any contract between us. Please read these terms and conditions carefully before confirming your order. If you have any queries on these terms please contact us before booking using a Discount Coupon.
• Promotional Surphy Discount Coupon terms and conditions;
• Product terms and conditions of sale
1.4 We recommend that you print a copy of these terms and conditions for your future reference.
2. TERMS RELATING TO THE REDEMPTION OF SURPHY DISCOUNT COUPON.
2.1 How To Redeem Discount Coupon - You must sign up and become a register user on our website, when placing your booking online.
2.2 Only one Discount Coupon can be used per order of Product/Service.
2.3 You cannot use a Discount Coupon in conjunction with any other sales discounts or promotional offers unless the specific terms relating to the Promotional Discount Codes state that you can combine the Promotional Discount code with other offers.
2.4 Generally, Discount Coupon can only be used for one order.
2.5 The Discount Coupon will expire on the date specified in the specific terms relating to the Discount Coupon, or before subject to availability of which we will notify you via the website. You cannot use the Promotional Discount coupon after this date.
2.6 Calculation of the discount will be based on the price of surgery/Package/Service quoted in Surphy dicount coupon. If final bill amount differs from the booked amount then the lowest amount will be taken for calculation of the discount.
2.7 Discount Coupon has no cash redemption value.
2.9 We reserve the right to vary or discontinue the Discount Coupon scheme at any time.
3. TERMS RELATING TO THE REDEMPTION OF CASHBACK.
3.1 In case of payment paid through cash/mediclaim/TPA/Government Panels at the hospital then Cashback will be transferred only to the bank account in the name of the patient undergone the procedure.
3.2 In cases of payment through credit card/debit card cashback will be transferred back to the same account.
3.3 Calculation of cashback will be based on the price of Surgery/Package/Service quoted in Surphy discount coupon. If final bill amount differs from the booked amount , then the lowest amount will be taken for calculation of the cashback.
3.4 Cashback will be awarded only after NOC (regarding payments) from the concerned hospital.
3.5 All disputes relating to Cashback shall be finally determined by Surphy at its sole discretion. Decisions by Surphy shall be final and binding on users of this Promotion.
4. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
4.1 We have the right to revise and amend these terms and conditions of sale from time to time including reflecting changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.
4.2 You will be subject to the policies and terms and conditions of sale in force at the time that you use your Discount Coupon, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
4.3 All disputes relating to this Promotion or its Terms & Conditions shall be finally determined by Surphy at its sole discretion. Decisions by Surphy shall be final and binding on users of this Promotion.
5. LAW AND JURISDICTION
These terms and conditions will be governed by INDIAN laws. Any dispute or claim arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the courts of Gautambudhha Nagar.
We care for Your Privacy!
This is to bring to your notice that the website (www.surphy.in), its sub-domains and all related application and services are owned and operated by Surphy Healthcare Private ltd.
• A healthcare service provider who agrees to be listed with surphy.in
• Users(You) or his relative/attendant who use our services.
• Anyone who uses our services in any form (Users or You).
Surphy.in is committed to protect the privacy of its Users, including all personal information. We will only reveal personal information whenever required to do so by the law, by the order of court, government law or statutory authority or similar requirements or to safeguard any assets or damage.
Personal Information, Data Shared/ Information disclosed:
Personal information that we collect, process and use in connection with the services include not only the information that we collect via various forms, but also the information that you voluntarily provide us in various contexts. Information collected by us from you may include (but is not limited to) the following:
• Login ID and password;
• Contact information (such as your email address, addresses, phone numbers);
• Demographic data (such as your gender, your date of birth and your pin code)
• IP address, operating system, browser type, browser version, browser configuration, name of
• Internet service provider, and other types of computer and connection related information
• Relevant to identifying your type of device, connecting to the website, enabling data exchange
• With you and your device, and ensuring a convenient use of the website;
• Historic data regarding your usage of our services;
• Search terms entered;
• Information collected by cookies or similar technologies;
• Newsletter subscriptions, enrolment for promotions, use of special offers, etc.
• Survey answers, reviews, ratings and other types of feedback provided;
• Medical credentials, visiting hours of a healthcare provider, fees, locations (in relation to healthcare providers);
• Medical information;
• Financial and payment related data for payment of subscription amount and charges;
• Geo-location information when permitted by you on your device; and
• Information collected through the registration form
• Any other information that you enter on, or upload is voluntarily.
Surphy.in reserves the right to use information provided by you for the following:
• Publishing on the website/mobile application etc.
• Contacting you for offering new products/services;
• Contacting you to offer new products/services by our partners;
• Contacting your for feedback;
• Analysis and reporting
You hereby consent to use of such information by surphy.in.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or surphy.in suspects that the information provided by you is untrue, inaccurate, out of date or incomplete, it may, at its sole discretion, discontinue your usage of its services.
If you do not want to receive any form of communication from us, please intimate us on firstname.lastname@example.org
Surphy.in does not exercise control over the sponsored content or links. And hence, it is not liable for any type of information shared on any website.
Surphy.in may disclose personal information to the following:
• Surphy.in’s partners: We may share your personal information with our business partners if there is a legitimate reason to do so.
• Third party service providers: We may employ third party service providers (i.e., companies or individuals engaged by us) to perform certain functions on our behalf and under our instructions.
• Courts, law enforcement authorities and regulators: We may share personal data when we believe it necessary to comply with the law, to protect the rights or safety of our website, other users, or third parties (e.g., for fraud protection purposes).
Recipients of your personal data may be located in any country. This may include countries where applicable data protection laws provide a lesser degree of protection than your home country.
Storing your personal data securely:
As we are the ones, who use your data for the said purpose, we take all necessary precautions to protect your personal information. Though it is imperative for you to protect against unauthorized access by sharing password etc.
Surphy.in is not responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of surphy.in.
Disclosure of your personal information:
we may reveal your personal information to any associate of our group (our subsidiary, our holding company and its subsidiaries). We may divulge your Personal information to our employees, officers, manager, associates and any other third party service providers with whom we have an arrangement.
D. DISCLAIMER : Actual Cost of the procedure may vary depending on medical condition of the patient. SURPHY is not responsible for any change in the cost of the procedure. Cost of procedure and package details are provided by the Hospital. Please re-confirm the inclusions and exclusions with the hospital.
The cost of the procedures/packages mentioned at surphy.in are for the Indian citizens only. Patients from other countries, kindly email us on email@example.com for various packages and discounts available.