Terms and Conditions - Zaynax Health

OVERVIEW

This website is operated by Zaynax Health. The terms “We”, “Us” and “Our” are used to refer to only Zaynax Health Ltd. Zaynax Health offers all information, tools, and services that are used or concern Zaynax Health’s carrying out of business and are publicly available at the website. The user shall be deemed to have accepted all the terms, conditions, policies, and notices officially stated, as they continue to use the website and its services.

 

By visiting our website and/or purchasing something from us, you become a user of the website and engage in our “Services”. Such engagement will consecutively mean the user agreeing to be bound by the following terms and conditions (also referred to as “Terms of Service”, “Terms of use” or “Terms”), including those additional terms & conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website including, but not limited to, users who are browsers, vendors, customers, merchants, affiliations, and/ or contributors of content.

 

Please read this Terms of Service carefully before accessing or using our website or our services. By accessing or using any part of the website, you agree to be legally bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or use any of the services.

 

Any new addition of features, services, or tools shall also be deemed to be subject to the Terms of Service in force. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. Therefore, in order to stay updated on the Terms, please check this page periodically for changes. Your continued use of, or access to the website, following the posting of any changes constitutes acceptance of those changes.

 

GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at the age of majority in your present State or Province of residence, or that you have given us your consent to allow any of your minor dependents to use this website where you are the age of majority in your State or Province of residence.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and may involve the following:

 

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service on the website through which the service is provided, without express wrote permission by us.

AVAILABILITY, PRICING, AND PAYMENT METHODS

Availability and pricing of all items are subject to availability. Zaynax Health will inform you as soon as possible if the product(s) and services you have ordered are not available. If not, then Customer Care will offer similar alternatives.

 

As part of visiting and/or purchasing anything from Zaynax Health, you warrant to agree to understand that due to the nature of the business, availability may change even after an order has been placed. In an event where the product/service is no longer available, Customer Care will offer alternatives or the option to cancel your order wholly.

 

All prices are subject to change without notification, and while every effort is made to ensure the accuracy of the prices displayed on Zaynax Health, they are not guaranteed to be accurate. If any price is different from that displayed, we will inform you before dispatching the order and you will have the option of continuing with the order or not.

 

We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time. We shall not be liable to any customer or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

Choosing the right payment method is essential in order to shop with online stores. Zaynax Health is accepting payments in four very easy and convenient ways.

  • Cash on Delivery
  • Card Payment (Debit/Credit)
  • Mobile Banking Payment

 

PRODUCTS & SERVICES

Products & Services are available exclusively online through Zaynax Health. These products or services may have limited quantities and are subject to return only according to our Return and Replacement Policy.

 

Zaynax Health has made every reasonable effort to be as accurate as possible in displaying and ensuring the products/services. However, due to dependency on healthcare service providers on selected products & services, variations may come to the service’s quality.

 

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer, at any time. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any service order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you through the phone number or e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

As a visitor or a customer, you agree to provide current, complete, and accurate account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

 

Each user accounts must be created under one distinctive registered Cell Phone number, and email address of the user. Multiple accounts cannot be created under the same information as mentioned. In such an event the user cannot avail more than once of any of the offers, deals, discount coupons, or Gift Coupons during campaigns or other occasional sales.

 

DISCOUNTS & ALLOWANCES

Discounts and allowances (Coupon code, Promo code, Gift card code, Adjustment code, App discount, Occasional offers or sign-up offer, etc.) are reductions of the basic price of products or services. The value of the discount coupon or gift card will not be refunded on returns or exchanges after using it for a successful order from Zaynax Health. Users having multiple accounts under the same Cell Phone number, or email address cannot avail of the discounts or offers more than once, as is the policy. Promotional SMS may only contain the main content of the offer but terms and conditions are mentioned on the website. Zaynax Health holds the right to change/revise/modify any Discount offers OR Promotional Allowances without prior notice. The customer is entitled to comply accordingly. Customers cannot avail of multiple discount offers in a single order. For example, if a customer uses 2X vouchers then he cannot use reward points or any other discount along with the ordered item

 

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include wholly or partly, materials from third parties only for the purpose of providing you with better service.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are neither responsible for examining or evaluating the content or accuracy nor do we warrant any liability for third-party materials, website content, services, or any other materials from third parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

 

Learn more about this by reading our Privacy Policy.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Visit our website to learn more about our Privacy Policy.

 

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website or some Services containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information, on our or on any related website, is inaccurate at any time without prior knowledge (including after you have submitted your order or concern).

 

We undertake no obligation to update, amend or clarify information on our or on any related website, including without limitation, pricing information, except as required by law.

 

No specified update or refresh date applied in the Service or, on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

ORDER CANCELLATION

Zaynax Health promises to deliver the service to its customers. Therefore, Zaynax Health always runs Quality Control checks after receiving the ordered service from the authorized vendors. Zaynax Health reserves all rights to cancel any order of the customer after finding any quality issue from Quality Control checks of the ordered product, as we aim to give our customers the best online shopping experience.

 

Zaynax Health also reserves all rights to cancel any order if the ordered product is unavailable or if it is out-of-stock. Product unavailability cannot be predetermined or predicted by the website, whether it is due to unavoidable inventory management issues, website management issues, vendor stock update issues or any other unpredictable reason.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its contents:

 

(a) For any unlawful purpose.

(b) To solicit others to perform or participate in any unlawful acts.

(c) To violate any international, federal, provincial, or national regulations, rules, laws, or local ordinances.

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. 

(f) To submit false or misleading information. 

(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

(h) To collect or track the personal information of others.

(i) To spam, phish, pharm, pretext, spider crawl, or scrape.

(j) For any obscene or immoral purpose.

(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

(l) Fake orders of any kind are not accepted and customers need to choose the method of payments as per company policy in order to receive deliveries of the products. Example: Customers not receiving order after confirming it intentionally will be counted as a fake order.

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be free from error obtained from the use of the service will be accurate or reliable. Users must understand that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without prior notice to you, under different circumstances.

 

You expressly agree that your use of, or inability to use the service is solely your risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Zaynax Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, vendors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

It must also be stated that most of Zaynax Health’s products carry a Warranty, the user can avail of the warranty directly at any brand authorized Servicing Point or through Zaynax Health as well.

 

However, any use of the product that results in any injury, loss, or damage whether direct or indirect, will not make Zaynax Health liable for providing servicing facilities provided that, such direct or indirect use and the results thereof, is not covered nor supported by the provisions under the products accompanying Warranty.

 

For more information, please visit our Warranty Policy page.

 

INDEMNIFICATION

As a user of the website and the services therein, you agree to indemnify, defend and hold Zaynax Health harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or any documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof as may be deemed fit).

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed and interpreted in accordance with the applicable laws governing eCommerce in Bangladesh. Any and all actionable legal claim or proceedings arising out of, or in connection to this website, must be brought within the jurisdiction of a competent Court in Bangladesh.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Doctor Consultation Over App (Voice/Video/Chat)

 

  • Doctor consultations over voice/video/chat are provided by BMDC registered medical practitioners and/or providers in zHealth platform for medical consultation via app only.
  • Our responsibilities are limited to connecting patients through our specially designed technological platform with the doctors, who will provide non-emergency medical advice. Our role is simply to connect you with a doctor without any liability or responsibility. Any advice or service that you take from the doctor will be at your sole discretion and risk.
  • Doctors providing consultation services are independent contractors who provide consultation over the zHealth platform. zHealth will not be liable for any mistreatment or any other consequence of the treatment following the consultation/prescription provided by the doctor. 
  • Doctor consultation is based on the information provided by the patient’s conversation which may vary from the actual case. 
  • Doctor consultation is not in any way should be considered as replacement of physical doctor visit
  • Doctor consultation is primarily aimed to address health-related treatment as a primary or immediate measure. The consultation should be followed up by a physical doctor visit for completion of treatment.
  • Doctor consultation provided through phone/video/chat cannot be considered as a treatment for serious illness, significant physical/mental trauma, and any other condition that requires physical, intensive, and personalized care by a certified medical professional or at a medical facility.
  • Any prescription and diagnostic requisition provided by the doctor are to be used as primary & non-emergency medical consultations only. 
  • Subscribers may have to wait to connect with the doctor based on the ongoing queue.
  • Service may be interrupted due to unavoidable technological/technical problems.
  • Service may be unavailable due to unavoidable conditions such as political unrest, natural disaster, prolonged electricity failure, network failure, internet failure, etc.
  • Service may be unavailable in some selected Govt. holidays which zHealth will inform its subscribers in such cases.
  • zHealth has the right not to provide or discontinuation of the consultation service in case of unethical conversation/behavior/attitude from the user end.
  • A high-speed internet connection is required to avail of the zHealth service through the app and users are responsible to ensure internet availability and sufficient bandwidth at their own cost.
  • Video doctor consultation will be provided by General Physician.
  • Specialist Physician (Professor/Assistant Professor/Consultant/Senior Consultant) video consultation is available which is subject to availability and timing.
  • zHealth will not be responsible for the failure of video consultation due to lack of technological arrangement from user end such as insufficient internet balance, poor camera condition, problem in microphone, ungranted permission to make a video call, slow internet connection, etc.
  • zHealth does not ensure the video quality as it is dependent on the network operator’s internet speed, internet package type (2G/3G/4G), camera quality, smartphone technical issue, etc. in the user end. A high-speed internet connection with applicable compatibility setup in a smartphone is required and it’s the responsibility of the user to arrange and ensure things accordingly.
  • zHealth users will not be entitled to any refund for missing any pre-scheduled video doctor session.

 

Health Information (Blog / Vlog / Video Content)

 

Healthcare information provided in terms of blog/video content is intended to aware & educate people on health care and medical issues that may be effective & useful in their daily lives. Nothing in the content should be considered or used as a substitute for medical advice, diagnosis, or treatment.

 

Health Insurance Facility

 

  • The health insurance coverage entitled in the app is provided by third-party insurance provider(s), not by zHealth. Insurance Providers have the legal right of verification and sole discretion of the insurance claims and payments relating to zHealth. We are not liable or responsible to you or any third party in case any claim for insurance payment that is delayed or rejected by Insurance Providers.
  • Individuals shall be held responsible and liable for any kind of misuse and unethical activity including forgery, counterfeiting, tampering or altering the supporting documents during and/ or before submitting the supporting documents for insurance payments, no matter even if such activity gets revealed after the claim payment is processed and payment is made. zHealth and Insurance Providers reserve the right to initiate legal actions against such individuals as per the applicable laws.

 

Doctor Appointment

 

  • All information regarding the doctor’s qualifications and availability is provided by the doctor and/or healthcare service providers. zHealth will not take the responsibility for any erroneous or wrong or misplaced information displayed on the website, mobile app or as published in any other means.
  • zHealth provides a specialized digital platform that connects users with doctors. The Doctor himself or herself will be solely responsible for the treatment and service quality provided.
  • Doctor availability time may differ and/or maybe unavailable despite of prior commitments due to unforeseen events and emergencies at Doctor’s end. In such cases, zHealth will notify the customer and try to reschedule the appointment date/time.  
  • Doctors consultation fees are subject to change without prior notice
  • Any service or advice that you take from a zHealth partner doctor shall be at your sole discretion, judgment, and risk.
  • Any complaint or dispute that you may have in relation to their services shall be raised directly to the zHealth partner doctors

Home Call Doctor

  • Home call doctor service is aimed to provide the convenience of consulting a physical doctor at home for a user having movement complications/restrictions due to health condition or other factors.
  • Home call doctor consultation is performed by registered general physicians, who based on their primary observations provide consultation to the patient and advice on the next courses of action. This does not replace the treatment process or procedures at a medical treatment facility.
  • Prescription provided by Home Call Doctor is provided by BMDC registered doctor.  zHealth only connects the doctors available for home visits using its specially digitalized platform and is not liable for any mistake, wrong and incorrect consultation/prescription/advice provided to the patient by the doctor.
  • Home Call Doctor is not an emergency service and may have a waiting period based on the availability of a home visiting doctor in a particular area with particular preparations (if needed).
  • “Home Call Doctor” service may be unavailable due to unavoidable conditions such as strikes, political unrest, natural disaster, etc. Also, service may be unavailable in some selected Govt. holidays. In such cases, zHealth will inform its users about the unavailability of service.
  • The time committed by the doctors through zHealth for a home visit may sometimes vary or change without notice due to certain unforeseen situations created from traffic, availability, other emergencies, or any other unavoidable conditions.
  • The purpose of GP in-home visits is limited to the purpose of providing general consultation and may not be the right choice for patients with a critical illness as it requires intensive care & treatment at a medical facility.

 

Ambulance Service

 

  • zHealth provides ambulance arrangement assistance that connects users with ambulance service providers through its specially digitalized platform. Users are to use the service with their sole discretion, judgment and risk
  • zHealth does not ensure the availability of ambulances whenever and wherever needed. The availability of ambulances depends on ambulance service providers and can only be provided if it’s available at users desired time.
  • zHealth does not ensure the quality of the ambulance or emergency medical equipment embedded with the ambulance.

 

Medicine Home Delivery

  • Medicine Home Delivery service is performed by partnered third party service provider defined as “Pharmacies”, not by zHealth. zHealth is not responsible for sourcing, receiving the order, payment and delivery to you. It only connects you with the available service providers for medicine home delivery through it’s specially designed digital platform. You are to use the service with sole discretion, judgement and risk
  • The partnered third-party service provider for medicine home delivery is responsible for the availability, price, quality, quantity, safety, legality, timely delivery,  authenticity, reliability, effectiveness, delay, failure to deliver & medicine return.
  • Any compliant or dispute that you may have in relation to the medicine delivery order or Pharmacy Products shall be raised directly to the Pharmacy.
  • Medicine home delivery time may fluctuate depending on the interruption of technical issues, environment condition, road condition, natural disaster and political issues.
  • Medicines other than OTC (Over The Counter) drugs requires prescription to order

 

Diagnostics, Tests & Discounts

 

  • Diagnostics and tests are available from third-party hospitals, diagnostic centers, clinics and laboratories that are enrolled with zHealth. 
  • zHealth is not liable or responsible in any way in relation to the services or discounts provided by Diagnostic Service Providers (“Diagnostic Services”). Our role is simply to connect you to Diagnostic Service Providers, without any liability or responsibility. Any Diagnostic Service that is taken from a Diagnostic Service Provider shall be at sole discretion, judgement and risk. 
  • zHealth does not control and does not guarantee the existence, availability, quality, quantity, safety, legality or timely delivery of services by Diagnostic Service Providers; the truth or accuracy of descriptions of Diagnostic Service, the ability of Diagnostic Service Providers to offer Diagnostic Services. To the fullest extent permitted by applicable law, we disclaim all liabilities and responsibilities arising from or related to in any way to the Diagnostic Services or Diagnostic Service Providers, including (without limitation) regarding authenticity, reliability, effectiveness, safety or quality of Diagnostic Service or time taken by Diagnostic Service Providers or delays or failures by them in delivering the Diagnostic Services.  
  • Discounts in diagnostic tests or in any other form may be available for zHealth users from various hospitals, clinics, laboratories, pharmacies and other businesses entities (Discount Partners) that have partnered with zHealth to offer discounts to the zHealth users.  
  • Discount Partners are responsible for supplying their products or services to the zHealth user, not us.
  • Any service that users take from Discount Partners shall be at their sole judgement, discretion and risk. We do not endorse or recommend Discount Partners or any of their products or services to our users. 
  • Services that users may take from the Discount Partners shall be based on their sole discretion, risk and judgment, without any representation, warranty or endorsement from us. 

CONTACT INFORMATION

For more information regarding the Terms of Service or if you have any queries or concerns you can Contact Us or for any questions about the Terms of Service should be sent to us at [email protected]