Please take the time to thoroughly read and understand these terms of use. By accessing or utilizing this internet-based platform, you are acknowledging your agreement to comply with the terms outlined here, as well as any additional terms that are referenced. If you do not consent to all of these terms, please refrain from using this internet-based platform.
What is YOBOH The domain name YOBOH.in, an internet-based portal and YOBOH, a mobile application, is operated by Yoboh Medicare LLP), duly incorporated under the provisions of the Limited Liability Partnership Act, 2008 (hereinafter referred to as “YOBOH” or “Company”) having registered office at 32/2B Jhamapukur Lane, Kolkata-700009, with GSTIN (contact administrator)and PAN (contact administrator).The domain name and the mobile application are collectively referred to as the “Website”. The act of accessing or using the Website, engaging in transactions on the Website, and utilizing the Services (as defined herein below) offered through the Website, are all subject to the terms and conditions outlined herein (referred to as the "Terms of Use"). These terms encompass the relevant policies, which are included here by reference. These Terms of Use establish a legally binding agreement between you (referred to as "You," "Your," or the "User") on one side and YOBOH on the other side. By using the Website, including browsing, transacting, or accessing Services, you agree to these Terms of Use. Accepting these Terms also means you agree to our policies, including the Privacy Policy (mentioned herein above), and other relevant regulations. However, in the event that you navigate away from the Website to a third-party website, you might become subject to different terms and conditions of use and a distinct privacy policy as stipulated on that specific website. Should such a situation arise, the terms and conditions of use and the privacy policy associated with that particular website will govern your interactions and use of that website. The Website is a platform that facilitates (i) Diagnostic and/or Pathology and/or Radiology service where various third party laboratories and/or diagnostic centres across Kolkata are onboarded (“Third Party Labs”), offering you the convenience of booking blood tests and body scans from the comfort of your home. A range of labs can be chosen based on factors like price, quality, and location. Skilled phlebotomists ensure smooth blood collection, and test reports are easily accessible through the company’s website; (ii) Mental Health vertical partners with expert mental health counselors, providing you online counseling sessions and accommodating native languages for inclusivity; (iii)The Diet segment provides online diet consultations led by experienced clinical nutritionists offering personalized diet charts and treatment for clinical dietary issues; (iv) Family Health Care Package offers subscribers to remotely care for loved ones. Expert professionals visit to test body vitals, with results uploaded on the website for monitoring. This is ideal for consistent health tracking. (v) The website also has file repositories for storing prescriptions and reports, ensuring quick access. YOBOH retains the authority to alter or modify these Terms of Use, as well as any policy or guideline of the Website, including the Privacy Policy, at its sole discretion. Such modifications will become effective immediately upon being posted on the Website. You waive any right to receive explicit notice of these changes or modifications. Your ongoing use of the website will signify your acknowledgment and acceptance of these changes. Hence, it's advisable to regularly review these Terms of Use and relevant policies to comprehend the conditions governing your website usage. To use this website, you must be at least 18 years old. By visiting the Website or agreeing to these Terms of Use, you confirm to YOBOH that you are 18 years old or older and possess the necessary rights, authority, and capability to use the website while complying with these Terms of Use. 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 Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020. YOBOH grants you authorization to access and view the content on the Website exclusively for utilizing the Services, which includes activities like browsing, booking, receiving, and communicating and delivering all in accordance with these Terms of Use. The Website's content including information, text, graphics, images, logos, software code, design, and content arrangement, incorporates both Third Party Service Providers' content ("Third Party Content") and in-house content provided by YOBOH, including text, audio, video, images, illustrations, and graphics ("YOBOH Content") (collectively referred to as "Content"). The YOBOH Content is the intellectual property of YOBOH and is safeguarded by copyright, trademark, and relevant laws. Modifying the YOBOH Content or using it for public, commercial, or personal gain purposes, such as reproduction, display, performance, distribution, or other uses, is prohibited. The terms of use highlighted here, wholly constitute an electronic record (e-record) in accordance with the IT Act and the rules framed thereunder, as applicable, and as amended from time to time. This e- record is generated by a computerized system, and does not require any e-signature and/or digital signature and/or physical signatures.
Eligibility For the purposes of availing the Services mentioned herein above through the Website, You are required to obtain registration, in accordance with the procedure established by YOBOH in this regard. As part of the registration process, YOBOH may collect the following personal information from You: Name; Email address; Address (including country and ZIP/ postal code); Gender; Date of birth (D.O.B); Phone number; One-time Password ; Valid financial account information; and Other details as you may volunteer. Registration on or access to the Website is limited to individuals who are legally competent to enter into contracts according to the Contract Act. This means that individuals such as minors and undischarged insolvents are not permitted to register on or access the Website. By registering, accessing, or using the Website, you acknowledge the terms of these Terms of Use and confirm to YOBOH that you possess the legal competence to enter into contracts under the Contract Act. You assert that you have the necessary rights, authority, and capacity to use the Website and consent to adhere to these Terms of Use. YOBOH does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons. YOBOH allows multiple users to use the Website, through multiple, private and secure logins. The mobile application allows the user to add a set of users, who can access the application. Organizations, companies, and businesses may not become registered end-users on the Website or use the Website through individual members. However, they can register with YOBOH as Back-end partners providing services to YOBOH as agreed upon through mutual agreement. YOBOH permits organizations and business to use the Back-end portals if legally authorized to do so. You agree and acknowledge that You would (i) Create only one account per user; (ii) Provide accurate, truthful, current, and complete information during account creation and all interactions on the Website; (iii) Keep your account information updated; (iv) Maintain account security by not sharing your one-time password, restricting access, and safeguarding your computer; (v) Promptly inform YOBOH of any detected or suspected security breaches; (vi) Assume responsibility for all activities under your account and accept risks associated with unauthorized access; (vii) Any communication from YOBOH shall be solely sent to your registered mobile number via text messages, WhatsApp, email, or your designated contact information. The website utilizes temporary cookies to retain specific non-sensitive data, used by YOBOH for website maintenance, research and development, and user management. While delivering advertisements or enhancing services, YOBOH may authorize third parties to deploy or acknowledge a unique cookie on your browser. It's important to note that no personally identifiable information is stored within these cookies.In its sole discretion, YOBOH retains the right to temporarily or permanently suspend users, as well as restrict their access and utilization of the website. This action may be taken at any point during YOBOH's investigation of complaints, alleged violations of the Terms of Use or any provided services, or for other valid reasons.In line with the company’s commitment to user privacy and security, YOBOH ensures that the information collected through cookies is non-sensitive and primarily used for technical and analytical purposes. The company also maintain a stringent process to evaluate third-party involvement, ensuring that their activities align with the company’s privacy standards.
Representation as to Legal Title YOBOH does not make any representation or warranty with respect to legal title of the Diagnostic and/or Pathology and/or Radiology Services offered to the end users by the Third Party Labs on the Website. Under no circumstances shall YOBOH acquire any right, interest, claim or title in the service offered or displayed on the Website/mobile application. Furthermore, YOBOH shall not bear any responsibilities or liabilities in relation to any transactions conducted on the Website/mobile application. YOBOH shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Labs/Diagnostic centres.
Advertising Guidelines for the Website All the advertisements on the Website comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. The advertisements do not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements are not false, misleading, fraudulent, defamatory, or deceptive. YOBOH does not provide advertisement of content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class; content depicting nudity, sexual behaviour, or obscene gestures; content depicting drug use; content depicting excessive violence, including the harming of animals; shocking, sensational, or disrespectful content; deceptive, false or misleading content, including deceptive claims, offers, or business practices; content that directs users to phishing links, malware, or similarly harmful codes or sites; and content that deceives the Users into providing personal information without their knowledge, under false pretenses, or to companies that resell, trade, or otherwise misuse that personal information; and content that violates any law for the time being in force; that promote or reference alcohol, online dating services, gambling and games of skill, lotteries and political advertisements.
Testimonials & Endorsements: Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid; All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
Editorial Policy for the Website YOBOH offers Content on the Website aimed at the general public, solely for informational purposes. This Content does not replace professional medical advice, diagnosis, treatment, or recommendations of any nature. The YOBOH Content is original and tailored to the general public. It adheres to principles of fairness, accuracy, objectivity, and responsible, unbiased reporting. YOBOH's team members are obligated to transparently reveal any potential conflict of interest with Third Party Service Providers.
Terms for use of the Diagnostic Services: Through the Website, YOBOH operates as a marketplace, enabling Users to access diagnostic test/packages offered by Third Party Diagnostic centres/Labs. YOBOH facilitates this service, but it is not liable and/or responsible for the collection of samples, conducting tests, or generating reports by Third Party Labs. YOBOH does not engage with Third Party Labs' clients or patients and serves solely as a facilitator and/or aggregator for Users. Users as well as Third Party Labs must use the Website and its materials in accordance with these Terms of Use and applicable laws. YOBOH offers basic support for the Services to Third Party Labs at no extra cost and endeavors to ensure Service availability from 7am to 9pm, except for planned downtime or circumstances beyond YOBOH's control, like Force Majeure Events. The Services provided by YOBOH adhere to relevant laws and government regulations. YOBOH aims at supporting your health choices and decisions. However, YOBOH cannot take responsibility for making your decisions for you. These choices are solely yours. Your health choices on using our website and/or application and/or services through any and all platforms is not a substitute for a physical visit to a professional doctor or Medical practitioner. However, we enable you to learn better about your health, with the help of our services, and it must be used in conjunction with a visit to a professional doctor and / or medical practitioner. The experience gained through an actual physical visit constitutes additional factors to diagnoses/treatment, that cannot or may not be obtained through a virtual platform. We do not take or make decisions for you, but we solely provide health information for overall betterment of your health. We do not promote or endorse any specific tests, or any procedures or do not influence your opinions, through any information defined in our website. Any medical decisions taken based on the information on the website is a risk you have to bear, because YOBOH does not compel you to make any important health decisions. In case of any immediate need or medical emergency, visit your nearest hospital/medical centre/doctor/healthcare provider or contact appropriate helplines. YOBOH does not make a warranty that the services(s) will meet the requirements you have. YOBOH also does not and cannot promise uninterrupted, error-free service at all times. YOBOH is not responsible for errors in transmission, data corruption, data loss or service interruptions. The platform is designed for individual use and personal use and its services are intended to assist individuals in making informed decisions about their personal health. While you're welcome to utilize the website for personal purposes, it's important to note that commercial use is not permitted. The usage of the website for unlawful activities is strictly prohibited. The information and services provided must not be employed for any illegal intent. It is impermissible to engage in any activity that may harm, impair, overload, or disrupt our networks, computers, information, or services, or hinder others' enjoyment and usage. Any endeavor to obtain unauthorized entry to information, services, other accounts, computer systems, or networks connected to the website, information, or services is prohibited. It's essential to underscore that any attempt by an individual or entity to solicit login details from other users, or to gain unauthorized access to such accounts, constitutes a clear violation of these Terms of Use, as well as relevant laws. These laws encompass statutes related to privacy, security, and the prohibition of unfair or unethical business practices. Ensuring the security and integrity of the website is of utmost importance, and YOBOH takes measures to safeguard user information and maintain ethical usage practices. Your right to use the Services is not transferable. As deemed fit, and upon the discretion of the board-of-directors, YOBOH reserves the right to suspend User’s ability to use or access the Website at any time while YOBOH investigates complaints or alleged violations of these Terms of Use, or for any other reason.
Delivery of Reports You agree to appoint an individual who shall act in the capacity of Your agent and collect the reports/deliverables as requested by You from Third Party laboratories/mental health counselors/dietitians or any other third-party partnered with YOBOH, on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the report of the service booked and availed by You from the Third Party Laboratories/Mental Health Counselors/Dietitians and any other third-party partnered with YOBOH and to carry it to the address notified by You. You further agree and acknowledge that the User Agent acts as Your agent for collecting the reports from the Third Party Laboratories/Mental Health Counselors/Dietitians and any other third-party partnered with YOBOH. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
Other Terms and Conditions User profile, collection, usage, storage and transfer of personal data: Your profile created in the mobile application and/or the website is used to store and maintain a clear record of Your diagnostic tests, mental health and nutrition consultations alongwith the graphical data related to the family healthcare packages and/or body vital measurement. Your individually identifiable health information posted online, including past medical history, health conditions, allergies and medications are also collected as a pre-requisite for the consultation/tests. Any information that is provided as part of a virtual consultation and/or obtained from use of the Services by You becomes a part of your YOBOH profile record. You solely agree to only provide true and accurate information to help us provide the best experience to you. YOBOH reserves the right to periodically review any such information. To the best of your knowledge, ensure that you update personal and/or medical information as and when necessary on the mobile application and/or website. YOBOH reserves the right to maintain, delete or delete any and all communications and/or materials/content/data posted or uploaded to the Website and/or the mobile application according to its internal record retention, destruction and archival policies. YOBOH might perform checks through call/email to review the information provided by You for accessing YOBOH sefvices. Please make sure that you provide valid phone number, E-mail Id and update it as and when needed. For additional information regarding information usage, refer to our Privacy Policy. 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.
Payment, Fees and Taxes: Registration on the Website and the access to the information provided on the Website is free. YOBOH does not charge any fee or money for accessing, browsing and purchasing through the Website and/or mobile application YOBOH reserves the right to modify the payment/fee structure by providing the related details on the Website and/or Mobile Application which shall be considered as valid and agreed communication. In order to process the payments for your purchases, YOBOH might require details of User’s/ Third Party Service Providers’ bank account, debit/credit card number, IFSC Code etc. Please check Our Privacy Policy on how YOBOH uses the confidential information provided by our Users. Available payment methods: Wallets: Paytm,PhonePe, UPI – BHIM and GooglePay, Netbanking (underdevelopment).. All debit and credit cards. Cash on delivery for offline payments.
Return, Refund, Cancellation: We extend a refund option for the services you have availed through the website. This offer is subject to additional terms and conditions outlined in our comprehensive refund and cancellation policy, referred to as the "Cancellation and Refund Policy." It's crucial to understand that the Refund Policy is an integral component of these Terms of Use. YOBOH kindly urges users to thoroughly review the policy to ensure full comprehension of its provisions and procedures. At the core, YOBOH aims to provide a seamless and satisfactory user experience. YOBOH’s commitment to transparency and customer satisfaction is reflected in the Refund Policy, which is designed to address various scenarios that may arise during future transactions.
Liability YOBOH assumes no responsibility or liability for any losses, damages, injuries, or expenses incurred by Users or Third Party Labs (collectively referred to as "Other Parties") due to disclosures made by YOBOH. This applies in cases where such disclosures have been consented to by the Other Parties. In instances where the Other Parties have withdrawn their consent, YOBOH will not be held responsible or liable for any losses, damages, injuries, or expenses incurred by the Other Parties due to disclosures made by YOBOH prior to the actual receipt of such consent withdrawal. Transparency and user privacy are paramount to us. YOBOH strives to maintain a secure environment where the interests of all parties involved are respected. YOBOH’s commitment to handling disclosures responsibly is underpinned by the Privacy Policy, ensuring that users maintain control over their personal information and the scope of its dissemination. YOBOH disclaims all responsibility and shall not be held liable for any damages to, or viruses that could potentially affect the equipment of Other Parties. Such situations may arise due to the Other Parties' access, usage, or browsing of the website, as well as the download of any material, data, text, images, video content, or audio content from the website. If any of the Other Parties find the website unsatisfactory, the sole recourse for such individuals is to cease using the website. YOBOH prioritize the integrity and security of the website, but the use of technology and the internet inherently carries certain risks. YOBOH aims to provide a valuable and secure online environment but If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
Modification of Website YOBOH holds the right or authority to modify, alter or discontinue, either temporarily or permanently, the website or any of its features or segments, without prior notification. Other Parties acknowledge that YOBOH will not be held responsible for any adjustments, interruptions, modifications or terminations of the website or any parts thereof.
Intellectual Property Rights All intellectual property featured on the Website, except those explicitly designated as the intellectual property of Other Parties, shall remain the exclusive possession of the Company. The Other Parties undertake not to bypass, disable, or otherwise disrupt security-related functionalities of the Website, nor interfere with features designed to prevent or limit the usage or replication of any materials. The Other Parties also commit to respecting restrictions on the usage of the Website or materials therein.Modifications, copying, reproduction, distribution, republication, downloading, display, sale, compilation, posting, or transmission of the materials on the Website, or any other related actions, may not be carried out in any manner or by any means. Such means include, but are not limited to, electronic, mechanical, photocopying, recording, or other methods. The Company places value on safeguarding its intellectual property and maintains measures to ensure responsible and legal usage of the materials on the Website. Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and YOBOH) The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below: In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by: not accessing the Website; or closing their accounts for all of the Services that they use. YOBOH reserves the complete right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Labs or the Other Parties as a whole, if there is: 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
Force Majeure Other Parties acknowledge and accept that YOBOH holds no liability for any losses or damages incurred by the User due to delays, defaults, deficiencies, or failures in the provision of services. Such occurrences may arise from natural disasters, fires, riots, civil disturbances, governmental actions or decrees, communication line failures (not attributable to YOBOH or Third Party Labs), or any other delays, defaults, deficiencies, or failures arising from circumstances beyond YOBOH's reasonable control, referred to as "Force Majeure Event." It's crucial to recognize that the time frames for completion of the services specified on the website are always subject to change due to various factors, and they are not binding under any circumstances. This is because the entire process is contingent upon multiple variables that can introduce uncertainty at any point due to unforeseen factors beyond the Company's control.
Governing Law and Dispute Resolution These Terms of Use, along with any contractual commitments between the Parties, shall be subjected to the laws of India, without invoking the principles of conflicts of law. Any legal action or proceedings arising from the access or utilization of the Website by Other Party(s), or in relation to these Terms of Use, will be under the exclusive jurisdiction of the courts located in Kolkata. All disputes will be resolved through arbitration in English, taking place in Kolkata, in accordance with the Arbitration and Conciliation Act, 1996. The arbitrator, appointed by YOBOH, will oversee the proceedings.
Survival Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
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.
Waiver No provision within these Terms of Use shall be considered waived, nor shall any breach be pardoned, unless such waiver or approval is documented in writing and endorsed by YOBOH. Any authorization granted by YOBOH regarding a breach by Other Parties, whether it be explicitly stated or implied, shall not extend as authorization for, waiver of, or exoneration of any other distinct or subsequent breach.
Headings The headings and subheadings included here are provided for the sake of convenience and identification, and they do not serve the purpose of describing, interpreting, defining, or restricting the scope, range, or intention of these Terms of Use.
Contact Information For any grievances, comments, questions, or suggestions regarding the services offered by YOBOH, it is encouraged that Other Parties may reach out to customer service at admin@yoboh.in, +91-9073349167 (email/phone). If any Other Party(s) has any inquiries about YOBOH, the Website, these Terms of Use, or anything related to any of the foregoing, YOBOH can be reached at the following email address (contact administrator for address) or via the contact information available from the following : Contact us.
