Welcome to the Thirty2brain.com website located at www.Thirty2brain.com (the “Site”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of our Site. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

The Indian Contract Act, 1872, (Specifically Section 13- ‘Consent’ defined. —Two or more persons are said to consent when they agree upon the same thing in the same sense.)

The (Indian) Information Technology Act, 2000, and

The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site.

By downloading or accessing the Website to use the Services you the user irrevocably accept all the conditions stipulated in this Document being User Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. By accessing or using our Services, you consent and agree to be bound to all of the terms and conditions described in these Terms. If you do not consent and agree to all of these terms and conditions, do not use our Service.

The use of any service or feature available through Thirty2brain.com is owned by M/s Thirty2brain.com Private Limited, a company existing under the Companies Act, 2013 with its registered office at SCO 88, BASEMENTSWASTK VIHAR, Mansa Devi Sec-5, Panchkula, Hariyana, India, 134114.

1. Services

Thirty2brain.com provides a technology platform that allows customers to BOOK ANY TEST FROM ANY LAB with mobile phlebotomists (provided by the Company at specified locations as “Thirty2brain”) for the purpose of fulfilling customer lab orders and delivering their blood samples, urine, stool or swab (in case of RTPCR can be collected) etc, to a diagnostic laboratory. Thirty2brain.com platform can additionally be used by customers for Radiological diagnosis (eg. X-ray, MRI, CT-Scan etc.), at various diagnostic centres and Doctor Consultations from suitably qualified medical Practitioner or health care professionals.

When a sample or blood collection appointment is created through our Services portal by the Customer, they can do it via “Thirty2brain” (at locations where the Company will directly provide the services). Alternatively you may also book for your tests or requirements at locations where the Company will directly not provide the services via “Thirty2brain”, but through independent or specific diagnostic, radiological or other medical service providers.

When a customer makes a booking via “Thirty2brain” a mobile phlebotomist will travel to the customer and perform the applicable procedure at the scheduled time and location. All phlebotomists working with “Thirty2brain” are required to have the requisite license, certification, training, experience, and equipment to provide such professional services. While in case of all other booking the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers. In the latter case company will not provide any assurance of the person, timing and delivery of services which will be at the sole discretion of the respective independent or specific diagnostic, radiological or other medical service providers.

2. Clinical & Third Party Disclaimer

Thirty2brain.com does not provide any medical advice, diagnosis, treatment or other clinical decisions, suggestions or judgments. The Services and Content are only provided for facilitation purposes and not a substitute for the competent analysis and professional judgment of health care professionals.

Thirty2brain.com being a facilitation service assumes no responsibility for accuracy of any test reports, diagnosis or consultation provided by the diagnostic center or medical or health care professional. Use of the Services is not for emergency situations. In the event of an emergency, please dial 112. If you need urgent care, please contact your health service provider or Government Medical Facility by telephone or in person or visit an urgent care center.

www.Thirty2brain.com services are being offered/tele-marketed by third parties like Direct Sale Agents and Chemist partners etc. information dissemination in such cases may vary from original content and are disclaimed. Therefore customers are advised to confirm all information provided by third parties via our call center no. 6280430890, by our email info@thirty2brain.com or by visiting our website at www.Thirty2brain.com.

3. Changes to Terms or Services

We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by notifying you through email, text or other communications. If you continue to use the Services after we have posted updated Terms, you are consenting and agreeing to be bound by the updated Terms. If you don’t consent and agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

(A) Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Thirty2brain.com and are not barred from using the Services under applicable law.

www.Thirty2brain.com services are currently available at designated location in India, as “Thirty2brain” i.e at location where the Company directly provides the services. While for all other locations in India the ease of booking services are provided to the customers for independent or specific diagnostic, radiological or other medical service providers. Please ensure that the test is booked for the cities and/or locations where this service is currently operational either directly through the Company website or its authorised partners or authorised affiliate service providers. In addition the test must be conducted at the booked location.

(B) Registration and Your Information

• 1. In order to use the Services, you’ll need an account (“Account”) created via the login process of Mobile & Email. You agree to keep your Account information accurate, complete and up-to-date at all times. You’re responsible for all activities that occur under your Account, whether or not you know about them.
• 2. Please ensure that you fill in the correct details (First, Middle & Last Name, Mobile number, Email ID and Address) as all the communication and reports are linked to the shared contact details.
• 3. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Thirty2brain.com of any actual or suspected unauthorized use of the User’s account or password. Although Thirty2brain.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses caused of Thirty2brain.com or any such other parties as the case may be, due to any unauthorized use of your account.

(C) Test or Consultation Booking Procedure and Test or Consultation Reports

• 1. Customers will receive a SMS and/or Email with the reference number/booking id and a link to the details of the qualified Phlebotomist who will visit for your collection at the chosen time, in case of “Thirty2brain” customers. Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to fix the timing for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.
• 2. Customers will be able to track the movement of the designated Phlebotomist 30 minutes prior to the chosen time slot of collection, in case of “Thirty2brain” customers. Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to confirm movement of Phlebotomist or for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.
• 3. Customers will have to show the reference number and a valid Govt. ID to start the process of home collection of samples.
• 4. Thirty2brain.com home collection slots are available from 06:00 a.m. – 08:00 p.m. on all days, in case of “Thirty2brain” customers. Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to confirm time slot availability for home collections or for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.
• 5. TAT (Turn around Time) reflected on our website typically refers to the “working hours” of the diagnostic laboratory chosen by the customer and not the actual time. TAT details displayed during booking should be considered final. Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to confirm TAT (Turn around Time) of Phlebotomist or for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.
• 6. The booking id for a particular booking is valid only during the prescribed date and time slot.
• 7. Customer is allowed to cancel booking of a chosen time slot at any time prior to sample collection.
• 8. Customer has to sign the TRF (Test Request Form) either digitally or manually during the collection of the samples through which they agree and authorise that for certain tests, we can share their personal information with the Diagnostic Laboratory.
• 9. When a Customer is booking for a time slot from Radiological diagnosis (eg. X-ray, MRI, CT-Scan etc.) at various diagnostic centres or Doctor Consultations final confirmation shall be subject to availability from the designated third party service provider.
• 10. Test Reports or Consultations are provided by the diagnostic laboratory, diagnostic centres or Doctor Consultants on their respective letterhead and are signed by their doctor or healthcare professional which is chosen by customer and remain responsible for the report and its accuracy.
• 11. Test Reports will be provided digitally only by Thirty2brain.com They will be sent via SMS on the mobile number and/or Email ID provided at the time of registration/ booking. Customers can also access their reports on www.Thirty2brain.com. Since we are in a constant process of improving our IT systems and reports can also be delivered electronically in various formats viz. Whatsapp etc.
• 12. Customer authorises www.Thirty2brain.com to store the report on its portal and use any data in the report, for showing relevant offers or advertisements to the customer or to recommend tests to the customer or any other purpose. www.Thirty2brain.com will however not make this data available to third party except its affiliated service providers without customers consent except in anonymized form.
• 13. Special Circumstances
  • (a) Customer agrees and consents that we might have a recollection (in case the sample taken has been haemolysed). In such cases we do the recollection free of charge and the individual should be willing to do so at their own will.
  • (b) Customer agrees and consents that in case of some tests (based on results) require repeat samples they will bear the additional cost, which means the samples are recollected and the patient has to bear the cost of additional re-runs at different machines.
  • (c) Customer agrees and consents that while availing Radiological diagnosis (eg. X-ray, MRI, CT-Scan etc.) at various diagnostic centres or Doctor Consultations at the respective location shall be subject to the rules and regulation prescribed by such service providers. Thirty2brain.com or its partner affiliates will not be responsible for any loss, damage, nuisance or mishap that may be sustained to the Customer.
  • (d) Without prejudice to the generality of the above, Thirty2brain.com is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Customer and the diagnostic centres, Doctor or health care professional. User understands and agrees that Thirty2brain.com will not be liable for:
    • (i). Customer interactions and associated issues they have with the diagnostic centres, Doctor or health care professional;
    • (ii). The ability or intent of the diagnostic centres, Doctor or health care professional or the lack of it, in fulfilling their obligations towards Customers;
    • (iii) Any wrong medication or quality of treatment being given by the diagnostic centres, Doctor or health care professional, or any medical negligence on part of the diagnostic centres, Doctor or health care professional;
    • (iv) Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the diagnostic centres, Doctor or health care professional to provide agreed Services;
    • (v) Any misconduct or inappropriate behaviour by the diagnostic centres, Doctor or health care professional or their staff;
    • (vi) Cancellation or no show by the diagnostic centres, Doctor or health care professional or rescheduling of booked appointment or any variation in the fees charged.

5. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback or reach out to us on info@Thirty2brain.com or call us at 6280430890 for any query.

6. Service Text Messages

As your Mobile phone number to www.Thirty2brain.com (either online or via text message) to use the Services and agree to receive communications from Thirty2brain.com, you specifically authorize Thirty2brain.com to send text messages to your phone.

7. General Prohibitions

You agree not to do any of the following:

• (a) Use, display, mirror or frame the Services or any individual element within the Services, Thirty2brain.com name, any Thirty2brain.comtrademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, or any other intellectual property owned by the Company, without Thirty2brain.com express written consent;
• (b) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• (c) Attempt to probe, scan or test the vulnerability of any Thirty2brain.com system or network or breach any security or authentication measures;
• (d) Impersonate or misrepresent your affiliation with any person or entity;
• (e) Violate any applicable law or regulation; or
• (f) Encourage or enable any other individual to do any of the foregoing.

8. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

9. Payments/Modes/Refunds and Online Wallet

Thirty2brain.com requires payment (“Payment”) of a fee for use of the Services. Specific fees will be outlined on the website at Thirty2brain.com. Payments are accepted online, in Cash or via Point of Sales Machine. When the Customer books a test using our call centre services payments can be made in cash or via Point of Sales Machine.

When you make a Payment (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

The Cash back provided to the Customer is credited to the www.Thirty2brain.com online wallet attached to their account, which can be used to book tests in the future. However, any unused Cashback amount expires after 7 months of its credit to the online wallet. Cashback is only credited to an account wherever a sample is collected and not when the sample is booked.

10. Promotional Offers and Schemes

We may launch various promotional offers and schemes through the website from time to time and discontinue it in our sole discretion. The Customer who claims any benefits based on such promotional offers and schemes shall be evaluated on the parameter and scope of the then existing policy at the discretion of the Company. If the claim is initiated by the Customer it might take 5 to 7 working days for processing and we might ask for additional documents as per requirement of the then existing policy.

11. Location-Enabled Features

Certain location-enabled functionality made available in the Site is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

12. Accuracy and Integrity of Information

Although Thirty2brain.com attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Thirty2brain.com so that it can be corrected. Thirty2brain.com reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Thirty2brain.com will have no responsibility or liability for information or Content posted to the Platform from any un-affiliated third party.

Customers who are using the services of the Company for all other booking services the company is only providing the ease of booking services while the services are provided by the independent or specific diagnostic, radiological or other medical service providers, the customers are required to confirm the accuracy and integrity of any information provided by them for home collections or for the selected services with the designated independent or specific diagnostic, radiological or other medical service providers.

13. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you for breach of Terms of Service.

14. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

15. Indemnity

You will indemnify and hold harmless Thirty2brain.com and its officers, directors, employees partners or affiliate service providers and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.

16. Limitation of Liability

• (A) www.Thirty2brain.com will not be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Thirty2brain.com or any other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
• (B) In no event will www.Thirty2brain.com total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Thirty2brain.com for use of the services or content or Rs. One Hundred Only (Rs. 100/-), if you have not had any payment obligations to Thirty2brain.com, as applicable.
• (C) The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between www.Thirty2brain.com and you.

17. Governing Law, Dispute Resolution and Jurisdiction

These Terms and any action related thereto will be governed by the Laws of India, for all Disputes that arise in between you and Thirty2brain.com shall be resolved through arbitration by Sole Arbitrator as per the Indian Arbitration and Conciliation Act 1996 (as amended) with venue at New Delhi. The courts located in New Delhi shall have sole jurisdiction, also you and Thirty2brain.com each waive any objection to jurisdiction and venue in such courts.

18. General Terms

(A) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between www.Thirty2brain.com and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Thirty2brain.com and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(B) Notices

Any notices or other communications provided by www.Thirty2brain.com under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

(C) Waiver of Rights

Thirty2brain.com‘ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Thirty2brain.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information

If you have any questions about these Terms or the Services, please contact Thirty2brain.com at info@thirty2brain.com.

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Grievance officer
Thirty2brain.com 
Phone: +91 – 6280430890
Email: info@thirty2brain.com
Time: Mon – Sat (9:00 – 18:00)