Terms and Conditions
Please read our Terms of Use carefully, to understand the different features of our services and information about our website.
Acceptance These "Terms & Conditions" govern
Your use of the “recordxpert” Service and Website (www.recordxpert.com) herein after referred to as "Service".
The Service is owned and operated by recordxpert. (Hereinafter referred to as recordxpert)
and is offered to You (hereinafter referred to as "End User" or “You”)
as per Your agreement with and acceptance of this document (hereinafter referred
to as "Subscription"). By clicking the box entitled "I Agree to the
Terms and Conditions" as part of the registration process, You accept all items
in the Terms and Conditions and agree to abide by and be legally bound by the Terms
& Conditions. By browsing, visiting and using the recordxpert website, You accept
and agree to abide by all of these Terms & Conditions. If You do not agree to
any of these Terms & Conditions, You should not use the recordxpert service
including website. These Terms & Conditions are an ongoing contract between
You and recordxpert and apply to Your use of the recordxpert service and website.
These Terms & Conditions affect Your rights and You should read them carefully.
Changes to Terms and Conditions recordxpert reserves the right,
from time to time, with or without prior notice to You, to change these Terms &
Conditions in recordxpert’s sole and absolute discretion.
These Terms constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter. No waiver by Record Expert of any breach
or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. If any provision of these Terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from the
Terms and shall not affect the validity and enforceability of any other provisions
of the Terms.
Record Expert shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Service Details recordxpert offers a secure maintenance of
health records online services to End Users. recordxpert service includes storage
of X number of Health Records and N number of free trips to End Users. There are
multiple services packages available for End User to purchase. Service will be offered
on annual subscription basis and End User has to renew the account by making payment
to continue to use the service beyond expiry of Subscription of service with recordxpert.
After free N trips exhaust, End User has to pay according to the distance as per
recordxpert fixed charges to use more trips. If Health Records stored with recordxpert
exceed X number of storage capacity, End User will be charged for the additional
storage space. Free N trip is renewed every year, so every year End User will get
free N more trips for document collection and document delivery.
Once the End User select one package plan will not be able to switch to another
package plan in the mid of the plan period. No refund and switch from one package
to another package or transfer of End User Plan to the End User family members,
relatives, friends, and colleagues will be allowed
Document definition For physical document count, if document
submitted is less than 5 pages it will be counted as one document however for documents
with more than 5 pages, every 5 pages of physical document submission are considered
one document. recordxpert will count the no. of documents on the following basis:
One – Transparency - (X Ray/MRI)-1 Document
One – Prescription - (5pages or less)-1Document
One - Test Report - (5pages or less)-1Documents
Trip definition Any packet pickup and delivered from End User’s
location (home/office or any other address) with less than 5 documents will be treated
as one trip. Any packet with more than 5 documents will be treated multiple
trips with each bundle of 5 documents counted as one trip.
Changes to Website and Services recordxpert reserves the right,
from time to time, with or without notice to You, to change the definition of service
and website. However the information shared by End User and content shared with
recordxpert will not be affected by such changes. Information about the definition
of Service and website changes can be accessed from recordxpert website.
Privacy Any information submitted on the recordxpert Website is
subject to our Privacy Policy, the terms of which can be viewed at Privacy Policy
section of the website.
Information required from end user Once End User becomes subscriber of the
service recordxpert would request End User for certain basic information for registration.
Once End User provides us with the details, recordxpert would request for additional
services in order to provide the services. All information provided form End User
will be treated as private and confidential. The same is more fully detailed under
Privacy Policy section on website.
Registration and Use End user agrees and understand that End
User is responsible for maintaining the confidentiality of all information provided
to the recordxpert while registering himself / herself, which includes login ID,
e- mail address and the passwords for the same. End user is fully responsible for
all activities that occur under his/her e mail address password or account and he
/ she shall ensure that End User will exit from his / her account at the end of
each session. recordxpert will send all correspondences, notices and any other communication
to the e-mail address furnished by End User. In case of any change in the said e-mail
address, it is End User’s duty to update or change the same. recordxpert shall
maintain secrecy and use all reasonable security measures to ensure that the information
is not misused by any third party. In the event of End User becoming aware of any
unauthorized or misuse of the information provided by End User to the Company, End
User is requested to forthwith contact the Company at
customercare@recordxpert.com. recordxpert cannot and will not be liable
for any loss or damage arising from
End User’s failure to comply with this Section.
Legal Uses End User agrees and understands that their right
to access and use the Services offered on this Website is personal to them and is
not transferable by them to any other person or entity. End User understands that
they are authorized to access and use the services only for legal and lawful purposes.
End User further undertakes and state that by using the services they are in no
way impersonating or misrepresenting any person or entity. All services availed
are for themselves only. End User’s access and use of this Website may be
interrupted from time to time for any of the several reasons, including, without
limitation, the malfunction of equipment, periodic updating, maintenance or repair
of the Website or other actions that the Website, in its sole discretion, may elect
to take. We at recordxpert utilize our best efforts to provide the Services without
any interruptions or hindrance, however, we do not warrant that the function, operation,
security or accessibility of the Website will be uninterrupted or error-free, that
defects will be corrected. As an End User of the Website, You agree that your access
will be subject to these terms and conditions. recordxpert shall not be liable for
damages of any kind related to End User’s use of
or inability to access the website.
Intellectual Property End User acknowledges and agrees that
this Website and any necessary software used in connection with the Website contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. End User further acknowledge and agree that any content
or software on this Website, including its "look and feel" (e.g., text,
graphics, images, logos and button icons), photographs, editorial content, notices,
software (including html-based computer programs) and other material is protected
by national and international laws relating to copyrights, trademarks, service marks,
patents or other proprietary rights. Except as expressly authorized by the Company
End User agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on this Website, the Services offered thereto or any software thereto,
in whole or in part. End User acknowledges that the entire Website and its contents
including the software is owned or duly licensed to recordxpert and are protected
by the Copyright laws in India and under international treaty provisions. All trademarks,
service marks, and logos used and displayed on this Website are registered to and/or
owned by their respective owners. Nothing on recordxpert Website should be construed
as granting, by implication, estoppels, or otherwise, any license or right to use
any of the trademarks, service marks and logos displayed on the Website, without
the prior written consent and permission of the recordxpert or the respective owners.
End User may download or print a copy of information provided on this Website for
personal, internal and non-commercial use only. Any distribution, reprint or electronic
reproduction of any content from this Website in whole or in part for any other
purpose is expressly and explicitly prohibited without recordxpert’s Prior
written consent.
Prohibitive Activities End User agrees NOT to do to the following:
(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site;
(d) collect or store personal data about other users;
(e) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law;
(g) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by recordxpert;
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website, either in whole or part;
(j) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
(k) Attempt to decode, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this Website or the Service.
(l) Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(m) End User may not interfere with other Users' use of the Service, including, without limitation, distracting the normal flow of dialogue in an interactive area of this Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
(n) Misuse right or access as a subscriber to engage in any unlawful or damaging
activity so as to put at risk the interest and/or information of recordxpert and
other End Users of recordxpert.
Disclaimer Information given in this website is confidential
and therefore no part of this information may be reproduce in any form or by any
means, electronic, mechanical, photographic, graphic, optic recording or otherwise
translated in language or computer language, without the prior written permission
of recordxpert due care has been taken to a certain. The information provided is
as accurate as possible. However, recordxpert makes no representation or warranties
with respect to the content hereof and shall not be responsible for any loss and
damage cause to the user of this website. Furthermore, recordxpert reserves the
right to alter, modify the content hereof without obligation of recordxpert to notify
any person of such revision.
Limitation of Liability recordxpert, SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO END USER OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, DEPENDENCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, END USER’S USE OF THE SERVICE OR THIS AGREEMENT.
Indemnity by End user You shall defend, indemnify and hold
harmless the Company and its officers, directors, shareholders, and employees, from
and against all loss, damages, claims and expenses, including but not limited to
attorneys fees, in whole or in part arising out of or attributable to any breach
of this Agreement by You, any misrepresentation or misuse of the Service offered
to You or any negligent or
unreasonable or inappropriate use of the Website or the services.
Termination or closure of account This Agreement to be applicable
and shall be binding on the parties, i.e., End User and recordxpert, unless terminated
as specified below:
(a) by end user, by making a request on website or calling customer care for closure
of account;
(b) recordxpert may terminate this Agreement and close Your account if it comes
to the knowledge of the Company that You have breached any of these terms and conditions,
whether intentionally or by implication;
(c) The Company may terminate the Agreement, if so required to be one by an express
direction of law or regulatory agency
(d) in the event of death of end user, account will be closed on request from nominee
of the end user. This Service is not intended for the use of people who are not
permitted to enter into a valid and binding contract. In the event if it comes to
the attention of the Company, from authentic and valid resources, that a particular
End User does not meet this criteria, then, the Company will forthwith close the
account of the said End User and will delete all information and content which is
relating to that End User without any obligation or liability towards such End User
from the Company's records. In case of
closure of account, recordxpert will delete all digital information.
Renewal Related This service is offered on annual AND two
year subscription basis, for all the end users who do not renew the account after
subscription expires, the access to website will be blocked till the time end user
renews the subscription. In case of end user closure of account after subscription
expires, recordxpert will delete all records. Renewal charges will be applicable
from the last date of previous subscription. recordxpert will maintain records for
a period of 1 year after subscription expires and will at it own discretion destroy
all records.
Service Level Agreement All the services will be delivered
within time stated on the website E.g. all deliveries will be done within 2-3 working
days and all pickups will be done within 2-3 working days. Working days exclude
all holidays and Sundays. These time limits will be met 95% of the time and 5% cases
may vary. Additionally, services may be delayed further in all cases where recordxpert
does not have direct control on the event E.g. natural calamity etc. recordxpert
will try to make all the services delivered in given SLA but there is warranty or
guarantee for the same. It is recordxpert’s best effort to deliver 95% of
the services within agreed time.
Jurisdiction The Company controls and operates this Website from its registered office in Delhi, India, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Delhi, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New Delhi, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be New Delhi. The courts in New Delhi shall have the sole jurisdiction regarding the subject matter of this Agreement.
Submissions Other than your e-mail address or customer information, which is subject to the Privacy Statement herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Denamur, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, recordxpert , its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
Cession The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Specific Use You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Warranties The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
Non-Delivery Immediately upon delivery thereof to the Customer’s
premises, the Customer shall sign and date a Notice of Receipt acknowledging the
receipt of any Goods, Storage Media and/or returned Customer Materials.
The Customer shall notify and furnish the Company with a written statement of claim
of any discrepancy, loss or damage to any Goods, Storage Media and/or returned Customer
Materials within three days of the date of the Notice of Receipt.
If the Customer shall fail to give notice as required in Condition 5.2 above then the Goods, Storage Media and/or returned Customer Materials shall be deemed in all respects to be have been delivered in accordance with the Contract and the Customer shall be deemed to have irrevocably and unconditionally accepted them.
Any liability of the Company for non-delivery of any Goods, Storage Media and/or returned Customer Materials shall be limited to replacing any such Goods, Storage Media and/or returned Customer Materials within a reasonable time or, if any such Goods, Storage Media and/or returned Customer Materials cannot be replaced by the Company, any liability of the Company for non-delivery thereof shall be limited to the pro-rated Contract price.
Data Protection The Customer acknowledges and agrees that any personal data contained in any of the Customer Materials may be processed by and on behalf of the Company in connection with the Supply of any Goods and / or Services
Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Comments or Questions If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"