This is a user agreement between Theism CEEMEC Private Limited, which will sponsor and maintain the Theism Health Website, and all users who enter upon it with or without purpose. This user agreement is voluntary in nature and those wishing to not accept it shall not be allowed to use the online services of the Theism Health Website. Any user who enters upon or uses the Theism Health Website voluntarily is automatically entitled to accept and abide by the User Agreement. Any dispute or litigation arising out of this User Agreement shall and must be resolved in a court of law expressing jurisdiction over the Republic of India.

Contract Agreement

You agree that by clicking “Sign In”, “Book Now”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Theism CEEMEC Private Limited (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up”, “Book Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and/or no longer accessing or using our Services.

Applicable Services

This contract agreement will be deemed valid for all services related to the Theism Health Website, including all online portals, report viewing facilities, linked websites or other sites reserved under the domains protected by Theism CEEMEC Private Limited, ie : theism.co.in and theism.email.

Jurisdiction

This User Agreement is valid for all users residing in or in the territory of the Republic of India. All users visiting this website from outside India shall be governed by the same laws and shall be obliged to respond to litigations which shall be filed in the honourable courts of the Republic of India.

Contract Modifications

This contract may be modified without prior knowledge or notice to the users and the company, ie. Theism CEEMEC Private Limited, shall not be held liable against any obligations, damages or losses arising out of the same.

Service Eligibility

The services provided as described under the section “Applicable Services” shall be provided to children above the age of 13. The company, Theism CEEMEC Private Limited, believes that no content provided in the Theism Health Website may be regarded as harmful or damaging for children, however, the content provided in the website may be suitable for use by individuals of at least 13 years of age. For more information, refer to our Children’s Information Section included in the Privacy Policy. If any wrongful booking is made or unauthorised information provided by a child, it may be removed from the system upon specific request, incurring a small penalty, that will be decided by the relevant governing authority. To request a removal of content or report a children’s use problem, please write to CDG@theism.email.

This service is available to users residing only in serviceable areas of the Theism Health services. You may view our available locations through the appropriate sections on our website. Should you have a query related to Theism Health services in your area, kindly write to customer.care@theism.co.in and we shall respond to you with more information related to your query.

The services provided on this website are made available to users who are genuinely interested in booking our services or making a query. This website may not be used for unethical purposes or by individuals wishing to participate in such activities.

Copyright Infringement and Intellectual Property

In all matters unless otherwise declared, Theism CEEMEC Private Limited is the sole and exclusive owner of all copyrights and intellectual property contained on the Theism Health website. All works of a creative nature contained in this site, such as logos, designs, graphics, motion pictures and any other text or media may not be adopted or utilized by any person or entity for reasons private, commercial or otherwise. All intellectual property on this website is protected by copyright and violation of their exclusivity will result in appropriate legal action. The adoption of the style of this intellectual property and/or the nature of the website, or its pattern of contents shall be interpreted as a violation of intellectual property.

Theism CEEMEC Private Limited will not be liable for any damages caused by the presence of unauthorized links on the site which may be inserted by malicious users. If you notice such links which may seem potential spam, clickbait or are otherwise hazardous in nature, you may inform us immediately by writing to CDG@theism.email.

Theism CEEMEC Private Limited is the sole and exclusive owner of all content on this site. However, the company permits the use of included content for advertising of its brands. If you wish to promote any of the Theism CEEMEC Private Limited brands, namely Theism Health, Theism Diagnostics, Theism Polyclinic and Theism Dental, you may do so with prior consent of our Corporate Digital Governance Wing. All advertising requests (pertaining to the promotion of Theism CEEMEC Private Limited brands only) may be directed to CDG@theism.email with the subject line “Promotion of Theism CEEMEC Private Limited brand “....(name of brand).....” in “........(name of event/webpage URL/listing/platform)........”.

Infringement of copyright on the Theism Health Website will be subject to the jurisdiction of the courts of law in the Republic of India. Copyright infringements that are carried out beyond the scope of the honourable courts of law in India shall be governed by the regulations of Berne Conventions and Universal Copyright Convention, in which the Republic of India is a member. Such cases shall be filed and competed at in Indian courts, at costs borne by the violating party.

Misappropriation of Information

By agreement between the contracting parties, hereby Theism CEEMEC Private Limited and all users of the website, the misappropriation of content is strictly prohibited. The parties agree to honour by definition that the misuse of information, misrepresentation of brand, wrongful advertisement or other uncharted uses of any and all information contained on the Theism Health Website shall be considered an offence against the reputation of the company, Theism CEEMEC Private Limited. Such violations shall be served notices, and as per judgement of the Legal Affairs Wing, appropriate action shall be taken against the violating parties.

Termination of the License

All parties shall be permitted to use the Theism Health Website under the general user agreement unless otherwise terminated in the interest of Theism CEEMEC Private Limited. Possible causes for termination may include the following:

1. Offensive or uncivilized conduct while using the Theism Health Website, such as the use of profanity, illicit images or other unethical media or text which may be deemed to go against the company code of conduct.
2. The use of unauthorized applications to modify, subjugate or manipulate any part of the Theism Health Website in an attempt to damage or destroy information, or make changes against the interest of the company, Theism CEEMEC Private Limited.
3. The repetitive use of online facilities on the website in an attempt to disturb the company operations of Theism CEEMEC Private Limited, such as booking multiple tests without any intention to pursue such bookings, or misuse of contact forms, suggestion sections or other interactive areas of the Theism Health Website, such as whistleblower pages. Such non-serious actions may also result in legal penalties under the Indian Penal Code.
4. By recommendation of any member of the customer communications team or the Staff Welfare Department of Theism CEEMEC Private Limited, which may be due to varying reasons of unethical conduct, including unfair treatment of any member of staff due to sex/gender, caste, creed, race, religious orientation, sexual preference or other reasons.
5. Due to habitual misuse of the Theism Health Website on any accord not included herein but may be found to be of hazard to the interests of Theism CEEMEC Private Limited or its associates, staff or stakeholders.

Warranty Disclaimer

The Theism Health Website shall not be liable for any loss incurred by any user due to the improper use of the online booking system or other interactive pages. Bookings made on the website shall be at the sole discretion of the user and shall not bear any liability to the company for losses or damages occurred due to human error or technical reasons. Theism CEEMEC Private Limited shall not be held responsible for losses incurred due to the use of third party applets or extensions during the use of the website.

Limitation of Liability

The following clauses shall be honoured by both parties concerned, ie. Theism CEEMEC Private Limited and the users of the Theism Health website.

1. The Company, ie. Theism CEEMEC Private Limited shall have no liability to compensate the user for any claim pressed by the latter under this Agreement except as expressly provided under this User Agreement.
2. The company, Theism CEEMEC Private Limited, or the operators of the Theism Health website shall not be held liable or responsible for any action taken or omitted by the company in pursuance of this Agreement in good faith, except for gross negligence, bad faith or wilful misconduct adjudicated by a court of competent jurisdiction in the Republic of India.
3. The aggregate liability of the company, Theism CEEMEC Private Limited and its stakeholders, directors, officers, employees, agents, associates, sub-contractors and partners in business in respect of any claims, losses, costs or damages arising out of or related to this Agreement shall not exceed the fees received by the company, Theism CEEMEC Private Limited, through the Theism Health Website under this Agreement or ₹25,000 (Indian Rupees Twenty Five Thousand) only, whichever is greater. Further, any such claim(s) must be made during the engagement period of the company or within 7 (seven) days of the incident of dispute, as the case may be. The company’s obligation shall also be restricted only to actual and direct losses and not to any indirect, special or consequential losses. The company shall not be subjected to any punitive or exemplary damages.
4. The aggregate liability of the company, Theism CEEMEC Private Limited, in respect of any claims, losses, costs or damages arising out of or related to this Agreement shall not exceed the fees received by the company through the Theism Health Website under this Agreement or ₹25,000 (Indian Rupees Twenty Five Thousand) only, whichever is less. The Client shall be entitled to press only those claims in respect of which a loss or damage exceeds ₹5,000. The Client shall first make efforts to recover such losses through insurance. Any amount paid by the insurance company of the Client shall also be deducted from any claim pressed by the Client.
5. No Party shall have any liability towards each other under this Agreement, except in the case of a material breach. Even in the case of a material breach, a Party shall only be liable to make good any actual and direct losses. The breaching party shall not bear any indirect, special or consequential losses nor be subjected to any punitive or exemplary damages.

This User Agreement shall be deemed effective and binding from the moment of use of the Theism Health website, until the moment of departure from the said website by the user, forming the second party with whom the company, Theism CEEMEC Private Limited, is entering into an agreement with. Any and all clauses not clarified under this user agreement may be addressed to CDG@theism.email and website.team@theism.group for subsequent inclusion, or clarification, whichever may be appropriate for the intending user. In the case of a breach of any and all parts of the User Agreement, the decision of the honourable courts of law of the Republic of India shall be final and binding on all parties concerned. Violations of the User Agreement may be addressed to:

The Legal Affairs Wing
Theism CEEMEC Private Limited
Theism Building, 3A/6 B. K. Paul Lane
Kolkata, West Bengal, India
Pin Code : 700 030

Requests for purposes not relevant to the User Agreement shall not be entertained on the listed address and shall be subsequently discarded. Theism CEEMEC Private Limited shall not be liable for any communications that are not delivered to its offices due to logistical issues. In such cases, the company shall not be held responsible due to any losses or damages on the user due to undelivered communications or technical occurrences. We recommend that you send your letters with adequate return postage and details to ensure a smoother process.

For more information, please refer to our FAQs, browse our website, or contact a member of our customer communications team for personal assistance.