Privacy Policy

Privacy Policy

Please read this privacy policy carefully by accessing or using the website, you agree to be bound by the terms described herein and all the terms incorporated by reference. If you do not agree to all of these terms, do not use the website.

  1. Content & Purpose
    a) This privacy policy (“Privacy Policy”) applies to your use of the domain name www.ujalacygnus.com, an internet based portal, and Ujala Cygnus, a mobile application, owned and operated by Cygnus Medicare Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “Ujala Cygnus Healthcare Services” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.
    b) We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we try our best to provide security that is commensurate with the industry standards, because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to us by you.c) For the purpose of providing the Services and for other purposes identified in this Privacy Policy, Ujala Cygnus Healthcare Services will be required to collect and host certain data and information of the Users. Ujala Cygnus Healthcare Services is committed to protecting the Personal Information of the Users and takes all reasonable precautions for maintaining confidentiality of the User’s Personal Information. This Privacy Policy has been designed and developed to help you understand the following:             I) The type of Personal Information (including Sensitive Personal Data or Information) that Ujala Cygnus                     Healthcare Services collects from the Users;
                II) The purpose of collection, means and modes of usage of such Personal Information by Ujala Cygnus                           Healthcare Services;
               III) How and to whom Ujala Cygnus Healthcare Services will disclose such information;
               IV) How Ujala Cygnus Healthcare Services will protect the Personal Information including Sensitive                                 Personal Data or Information that is collected from the Users; and
                 V) How Users may access and/ or modify their Personal Information.d) This Privacy Policy shall apply to the use of the Website by all Users. Accordingly, a condition of each User’s use of and access to the Website and to the other services provided by Ujala Cygnus Healthcare Services to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any Sensitive Personal Data or Information to Ujala Cygnus Healthcare Services, failing which they are required to leave the Website immediately.
    e) This Privacy Policy is published in compliance of the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

     

  2. What is the personal information?
    a)
    “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with Ujala Cygnus Healthcare Services, is capable of identifying the person concerned.
    b) “Sensitive Personal Data or Information” means Personal Information of any individual relating to password; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by Ujala Cygnus Healthcare Services for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as Sensitive Personal Data or Information.
  3. Types of personal information collected by “UJALA CYGNUS HEALTHCARE SERVICES”:
    a)
    A User may have limited access to the Website and utilize some of the Services provided by Ujala Cygnus Healthcare Services without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. As part of the registration process, Ujala Cygnus Healthcare Services may collect the following categories of Personal Information from the Users (hereinafter collectively referred to as “User Information”):
    i) Name;
    ii) Email address;
    iii) Address (including country and ZIP/postal code);
    iv) Gender;
    v) Age;
    vi) Phone Number; and
    vii) Other details as the User may volunteer.
    b) Internet use: Ujala Cygnus Healthcare Services may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the website as well as the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using as well as the name of User’s ISP. The Website uses temporary cookies to store certain data (that is not Sensitive Personal Data or Information) that is used by Ujala Cygnus Healthcare Services and its service providers for the technical administration of the Website, research and development, and for User administration.
    c) Ujala Cygnus Healthcare Services does not knowingly collect Personal Information from children.
    d) Ujala Cygnus Healthcare Services may in future include other optional requests for information from the User including through user surveys in order to help Ujala Cygnus Healthcare Services customize the Website to deliver personalized information to the User and for other purposes are mentioned herein. Such information may also be collected in the course of contests conducted by Ujala Cygnus Healthcare Services. Any such additional Personal Information will also be processed in accordance with this Privacy Policy.
  4. Purposes for which your information may be used by UJALA CYGNUS HEALTHCARE SERVICES:
    a)
    Ujala Cygnus Healthcare Services will retain User Information only to the extent it is necessary to provide Services to the Users. The information which Ujala Cygnus Healthcare Services collects from you may be utilized for various business and/or regulatory purposes including for the following purposes:
    i) Registration of the User on the Website;
    ii)Technical administration and customization of Website;
    iii) Ensuring that the Website content is presented to the Users in an effective manner;
    iv) Delivery of personalized information and target advertisements to the User;
    v) Improvement of Services, features and functionality of the Website;
    vi) Research and development and for User administration (including conducting user surveys);
    vii) Non-personally identifiable information, exclusively owned by Ujala Cygnus Healthcare Services may be used in an aggregated or non-personally identifiable form for internal research, statistical analysis and business intelligence purposes including those for the purposes of determining the number of visitors and Ujala Cygnus Healthcare Services may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates;
    viii) Communicate any changes in our Services or this Privacy Policy or the Terms of Use to the Users;
                 ix) Verification of identity of Users
    x) Investigating, enforcing, resolving disputes and applying our Terms of Use and Privacy Policy, either
    ourselves or through third party service providers.

  5. Disclosure and transfer of your personal information:
    a)
    Ujala Cygnus Healthcare Services may need to disclose/ transfer User’s Personal Information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:
    i)
    To service providers appointed by Ujala Cygnus Healthcare Services for the purpose of carrying out services on Ujala Cygnus Healthcare Services’s behalf under contract. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
    ii)
    To our affiliates in India or in other countries who may use and disclose your information for the same purposes as us.
    iii)
    To government institutions/ authorities to the extent required a) under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority; b) to protect and defend the rights or property of Ujala Cygnus Healthcare Services; c) to enforce Ujala Cygnus Healthcare Service’s Terms of Use (to which this Privacy Policy is also a part) ; or d) when Ujala Cygnus Healthcare Services, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
    iv)
    If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
    b)
    Ujala Cygnus Healthcare Services makes all User Information accessible to its employees and data processors only on a need-to-know basis. All Ujala Cygnus Healthcare Services employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.
    c) Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. Ujala Cygnus Healthcare Services may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective, investors, strategic partners, sponsors and others in order to help growth of Ujala Cygnus Healthcare services’ business.
    d)
    Ujala Cygnus Healthcare Services may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets or business of Ujala Cygnus Healthcare Services corporation division or company. Any third party to which Ujala Cygnus Healthcare Services transfers or sells its assets will have the right to continue to use the Personal Information and/ or other information that a User provide to us.
  6. Retention of the information:
    a)
    All the information collected/ stored under this Privacy Policy and Terms of Use is maintained by Ujala Cygnus Healthcare Services in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Ujala Cygnus Healthcare Services will keep all User Information confidential and will use/ disclose it only the manner specified under the Privacy Policy and Terms of Use.
    b) Ujala Cygnus Healthcare Services will also ensure that User Information is not kept for a period longer than is required for the purposes for which it is collected or as required under any applicable law.
  7. Links to third-party advertisements:
    a)
    The links to third-party advertisements, third party websites or any third party electronic communication services (referred to as “Third Party Links”) may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with Ujala Cygnus Healthcare Services unless expressly specified on the Website.
    b) If you access any such Third Party Links, we request you review the website’s privacy policy. We are not responsible for the policies or practices of Third Party Links.
  8. Security practices and procedures:
    a)
    Ujala Cygnus Healthcare Services adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect the Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
    b)
    Ujala Cygnus Healthcare Services takes adequate steps to ensure that third parties to whom the Users’ Sensitive Personal Data or Information may be transferred adopt reasonable level of security practices and procedures to ensure security of Personal Information.
    c)
    You hereby acknowledge that Ujala Cygnus Healthcare Services is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
  9. User’s rights in relation to their personal information collected by UJALA CYGNUS HEALTHCARE SERVICES:
    a)
    All the information provided to Ujala Cygnus Healthcare Services by a User, including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
    b) Users can access, modify, correct and delete the Personal Information provided by them which has been voluntarily given by the User and collected by Ujala Cygnus Healthcare Services in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/ her information, Ujala Cygnus Healthcare Services may keep a copy of the information which User originally provided to Ujala Cygnus Healthcare Services in its archives for User documented herein. In case the User seeks to update or correct, his/ her Personal Information, the User may exercise these rights by emailing Ujala Cygnus Healthcare Services at info@ujalacygnus.com and communicate the change(s) for updating Ujala Cygnus Healthcare service’s records.
    c)
    If a User, as a casual visitor, has inadvertently browsed any other pages of this Website prior to reading the Privacy Policy and the Terms of Use, and such User does not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Ujala Cygnus Healthcare Services. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/ deletion, as Ujala Cygnus Healthcare Services cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
    d)
    If a User has inadvertently submitted any Personal Information to Ujala Cygnus Healthcare Services prior to reading the Privacy Policy and Terms of Use, and such User does not agree with the manner in which such information is collected, stored or used, then such User can ask Ujala Cygnus Healthcare Services, by sending an email to info@ujalacygnus.com containing the rectification required, whether Ujala Cygnus Healthcare Services is keeping Personal Information about such User, and every User is also entitled to require Ujala Cygnus Healthcare Services to delete and destroy all such information relating to such user (but not other Users) in its possession.
    e)
    In case the User does not provide his/ her information or consent for usage of Personal Information or subsequently withdraws his/ her consent for usage of the Personal Information so collected, Ujala Cygnus Healthcare Services reserves the right to discontinue the services for which the said information was sought. 
  10. Additional notes to the user:
    a)
    Ujala Cygnus Healthcare Services does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information from the Users, for which Ujala Cygnus Healthcare Services is not responsible or liable. Accordingly, Ujala Cygnus Healthcare Services does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Ujala Cygnus Healthcare Services guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. Ujala Cygnus Healthcare Services encourages the User to read the privacy policies of that website.
    b)
    Ujala Cygnus Healthcare Services shall not be responsible in any manner for the authenticity of the Personal Information or Sensitive Personal Data or Information supplied by the User to Ujala Cygnus Healthcare Services. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ujala Cygnus Healthcare Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ujala Cygnus Healthcare Services has the right to suspend or terminate such account at its sole discretion.
    c) Ujala Cygnus Healthcare Services shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ Personal Information or events that are beyond the reasonable control of Ujala Cygnus Healthcare Services including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
  11. Changes in the privacy policy:
    a)
    Ujala Cygnus Healthcare Services may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Ujala Cygnus Healthcare Services treats User’s Personal Information, Ujala Cygnus Healthcare Services will display a notice on the Website or send Users an email. If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/ her/ its consent to the changed practices.

    Contact us
    You may contact us with any questions relating to this Privacy Policy by submitting your request here

     

    Terms of use
    Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet based platform.

  12. What is UJALA CYGNUS HEALTHCARE SERVICES
    a)
    The domain name www.ujalacygnus Healthcare.com, an internet based portal and Ujala Cygnus a mobile application, is owned and operated by Cygnus Medicare Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “Ujala Cygnus Healthcare Services” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
    b)
    By accessing or browsing the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
    c) The Website is a platform that facilitates (i) online medical consultancy services/ second opinion being offered by Ujala Cygnus Healthcare Services doctors (“Medical Experts”); and (ii) diagnostic services being offered by the laboratories operated by the Company (“Company Labs”). Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website.
    d)
    The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors).
    e)
    Ujala Cygnus Healthcare Services reserves the right to change or modify these Terms of Use or any policy or guideline of the Website 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 Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website 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 Website.
    f)
    As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Ujala Cygnus Healthcare Services that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
    g)
    These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
    the Indian Contract Act, 1872 (“Contract Act”);
    – the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
    The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
    Pharmacy Act, 1948 (“Pharmacy Act”) and
    the Consumer Protection Act, 1986.
    h)

    Ujala Cygnus Healthcare Services authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, and using only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the arrangement and assembly of content, contains in-house content provided by Ujala Cygnus Healthcare Services including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Ujala Cygnus Healthcare Services Content”) (collectively, “Content”). The Ujala Cygnus Healthcare Services Content is the property of Ujala Cygnus Healthcare Services and is protected under copyright, trademark and other applicable law(s). You shall not modify the Ujala Cygnus Healthcare Services Content or reproduce, display, publicly perform, distribute, or otherwise use the Ujala Cygnus Healthcare Services Content in any way for any public or commercial purpose or for personal gain.
    i) Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access the Website.
    j)
    These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
     

  13. ELIGIBILITY
    a) 
    Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Ujala Cygnus Healthcare Services for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Ujala Cygnus Healthcare Services may allow authorized third parties to place or recognize a unique cookie on the Your browser. Ujala Cygnus Healthcare Services does not store personally identifiable information in the cookies.

  14. USE OF SERVICES AND THE WEBSITE
    a) Editorial Policy for the Website –
    i)
    As part of the Services, Ujala Cygnus Healthcare Services provides Ujala Cygnus Healthcare Services Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Ujala Cygnus Healthcare Services Content is subject to the following rules/ information:
    1.
    Ujala Cygnus Healthcare Services Content is original and is relevant to the general public;
                  2. Topics for Ujala Cygnus Healthcare Services Content are chosen on the basis of current health news,                          drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals;
                  3. Ujala Cygnus Healthcare Services maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
                  4. Ujala Cygnus Healthcare Services holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
    b) Terms for use of the Online Doctor Consultancy Services:
    i)
    Ujala Cygnus Healthcare Services is an online health platform that provides a variety of online and online-linked health services to the Users for health related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Ujala Cygnus Healthcare services’ Medical Experts are not “Your” physician or healthcare provider.
         ii) You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession.
    iii)
    Ujala Cygnus Healthcare Services is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Ujala Cygnus Healthcare Services You can ask and find informational questions and related educational answers by Medical Experts. Medical Experts on the Website can be a resource for reliable, relevant general health information.
    iv)
    The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are the individual and independent opinions and statements of such Medical Experts and reflect the opinions of Ujala Cygnus Healthcare Services.
    v)
    Ujala Cygnus Healthcare Services (the owners and the employee staff of Ujala Cygnus Healthcare Services) and Medical Experts who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
    vi)
    Ujala Cygnus Healthcare Services makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Ujala Cygnus Healthcare Services employees. Ujala Cygnus Healthcare Services is not responsible for transmission errors, corruption of data.
       vii) Ujala Cygnus Healthcare Services is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
    viii)
    The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Ujala Cygnus Healthcare Services profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
         ix) Your right to use the Services is not transferable.
          x) Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Ujala Cygnus Healthcare Services shall have no liability or responsibility in this regard. Ujala Cygnus Healthcare Services does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website.
    xi)
    The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) would be accessible to Ujala Cygnus Healthcare Services for the purposes of monitoring the quality of the consultation.
       xii) Ujala Cygnus Healthcare Services may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while Ujala Cygnus Healthcare Services investigates complaints or alleged violations of these Terms of Use, or for any other reason. Ujala Cygnus Healthcare Services has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.
        xiii) Risks of using Ujala Cygnus Healthcare service’s Services
    1)
    As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:
    a)
    While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Ujala Cygnus Healthcare Services strongly encourages You to be in touch with an on-ground physician and share the Ujala Cygnus Healthcare services’ opinion with him/her.
    b) By requesting a medical opinion through the Website, You acknowledge and agree that:
                                  i. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
                                 ii. the medical opinion is not intended to replace a face-to-face visit with a physician and it does not replace an actual doctor-patient relationship;
                                 iii. in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
                                iv. the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
                                v. in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
    vi.
    in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
    vii.
    delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.

     

      1. OTHER TERMS
        a) Your Profile, Collection, Use, Storage and Transfer of Personal Information:
        i.
        Your Ujala Cygnus Healthcare Services profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
        ii.
        Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Ujala Cygnus Healthcare Services record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Ujala Cygnus Healthcare Services reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Ujala Cygnus Healthcare Services’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
              iii. For additional information regarding use of information about You, please refer to the Privacy Policy.
        iv.
        The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
        1.
        The Privacy Policy sets out:
                               a. the type of information collected from Users, including sensitive personal data or information;
                               b. the purpose, means and modes of usage of such information; and
        c.
        how and to whom Ujala Cygnus Healthcare Services will disclose such information.
        2.
        The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
        a.
        the fact that the information is being collected;
                              b. the purpose for which the information is being collected;
        c.
        the intended recipients of the information;
        d.
        the name and address of the agency that is collecting the information and the agency that will retain the information; and
        e.
        the various rights available to such Users in respect of such information.
        v)

        Ujala Cygnus Healthcare Services shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Ujala Cygnus Healthcare Services or any other person acting on behalf of Ujala Cygnus Healthcare Services.
        vi) If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ujala Cygnus Healthcare Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ujala Cygnus Healthcare Services shall have the right to suspend or terminate such account at its sole discretion.
        vii)
        By accepting these Terms of Use on the Website, you consent to be contacted by Us and You further consent to receive emails and messages (SMS) notifications and information at any time from Us.
        b.

        Payment, Fees and Taxes:
        i)
        Registration on the Website and the access to the information provided on the Website is free. Ujala Cygnus Healthcare Services does not charge any fee for accessing and browsing through the Website.
        ii)
        Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Ujala Cygnus Healthcare Services is in no way responsible for any of the taxes except for its own income tax.
            iii) The subscription fees for the Services, if any charged by Ujala Cygnus Healthcare Services, could be paid online through the facility made on the Website.
        iv)
        All fees are exclusive of applicable taxes.
             v)  Ujala Cygnus Healthcare Services reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
        c.

        Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users)
        i.
        Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
                   1. belongs to another person and to which the such Covenanter does not have any right;
                   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        3.
        infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
                  4. violates any law for the time being in force;
        5.
        impersonates another person;
                  6. harms minors in any way;
                  7. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing in nature;
                   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
        9.
        is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
                   10. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
         ii) You are also prohibited from:
        1.
        violating or attempting to violate the integrity or security of the Website or any Ujala Cygnus Healthcare Services Content;
                     2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Ujala Cygnus Healthcare Services;
                     3. intentionally submitting on the Website any incomplete, false or inaccurate information;
        4.
        making any unsolicited communications to other Covenanters;
        5.
        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;
        6.
        attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
        7. 
        copying or duplicating in any manner any of the Ujala Cygnus Healthcare Services Content or other information available from the Website; and
        8.
        framing or hotlinking or deep linking any Ujala Cygnus Healthcare Services Content.

        iii. Ujala Cygnus Healthcare Services, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. Ujala Cygnus Healthcare Services shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
        iv)
        In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Ujala Cygnus Healthcare Services has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

        d. Liability
        i.
        Ujala Cygnus Healthcare Services does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services.
        ii.
        To the maximum extent permitted by applicable law(s), Ujala Cygnus Healthcare Services, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
        iii.
        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 service to any User; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
        iv.
        Ujala Cygnus Healthcare Services disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts will be of the concerned Medical Expert.
        v.
        The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Ujala Cygnus Healthcare Services reserves the right to retain such information for the purpose of providing Services to the Users.
        vi.
        With respect to the Consultation Services, after selection of the type of treatment along with the specification of the disease by the patient, Ujala Cygnus Healthcare Services will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided by the Medical Expert by using the interface of online medical consultancy.
        vii.
        The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
        viii.
        In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Ujala Cygnus Healthcare Services accepts no liability for any errors or omissions on behalf of the Other Parties.

        e. Indemnity
                  The Covenanters agree to defend, indemnify and hold harmless Ujala Cygnus Healthcare Services, the Protected Entities, independent contractors, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

        f. Modification of Website
                Ujala Cygnus Healthcare Services 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 Ujala Cygnus Healthcare Services will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

        g. Intellectual property rights
                    All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

        h. Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Ujala Cygnus Healthcare Services)
        i.
        The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
                          1. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
                                     a. not accessing the Website;
        b.
        or closing their accounts for all of the Services that they use.

                          2. Ujala Cygnus Healthcare Services reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users, if there is:
                                    a. breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
                                   b. Ujala Cygnus Healthcare Services is unable to verify or authenticate any information provided to Ujala Cygnus Healthcare Services by Other Party(s);
                                  c. or Ujala Cygnus Healthcare Services believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Ujala Cygnus Healthcare Services (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
        d.
        Ujala Cygnus Healthcare Services is required to do so by law; or
        e.
        if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Ujala Cygnus Healthcare Services to provide the Services to the Other Party(s); or
        f.
        The provision of the Services to the Other Party(s), or to the general public, is in Ujala Cygnus Healthcare Serivces’s opinion, no longer commercially viable; or
        g.
        Ujala Cygnus Healthcare Services has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

        3. Ujala Cygnus Healthcare Services may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.

        4. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
        5.
        Upon termination of these Terms of Use, Ujala Cygnus Healthcare Services shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
        6. The right to terminate/ suspend the account is in addition to, and without prejudice to, Ujala Cygnus Healthcare Services’s right to initiate action against the Other Party(s), in accordance with applicable law.

        i. Force Majeure
        
Other Parties accept and acknowledge that Ujala Cygnus Healthcare Services 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 Ujala Cygnus Healthcare Services or any other delay or default or deficiency or failure which arises from causes beyond Ujala Cygnus Healthcare Services’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Ujala Cygnus Healthcare Services, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

        j. Governing Law and Dispute Resolution
                  
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by Ujala Cygnus Healthcare Services under the Arbitration and Conciliation Act, 1996.

        k. Survival
                  
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

        l. Severability
              If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

         

        m. Waiver
               
        
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Ujala Cygnus Healthcare Services. Any consent by Ujala Cygnus Healthcare Services to, or a waiver by Ujala Cygnus Healthcare Services of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.n. Headings

        The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use. 

        o. Contact Information
                     
        If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@ujalacygnus.com. If any Other Party(s) has any questions concerning Ujala Cygnus Healthcare Services, the Website, these Terms of Use, or anything related to any of the foregoing, Ujala Cygnus Healthcare Services can be reached at the following email address – info@ujalacygnus.com or via the contact information available from the following hyperlink: Contact us.

  UJALA CYGNUS HEALTHCARE SERVICES Return & Refund Policy

ONLINE CONSULTATION:
In case of online consultation, a customer will be eligible to raise a request for Refund only in case the consultation query is not replied within specified timeline.

The customer is required to raise the Refund request with Ujala Cygnus Healthcare Services customer care within 72 (seventy-two) hours from the time of submission of query or receiving of response. The request for the Refund will be validated by Ujala Cygnus Healthcare Services customer care team.

In case of valid Refund, the same will be done by crediting the bank account of the customer. Refund process shall be completed within 30 (thirty) days from the date of submission of the request for Refund.

 

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Kaithal : 9996117722

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Rewari : 01274-258556

Varanasi : 7080602222