Terms and Conditions

 

Generic Terms and Conditions

All the terms and conditions inscribed hereunder, together with the privacy policy available at https://www.rakshahealth.co.in/privacy-policy/ (“Privacy Policy”), voucher-specific terms and conditions (“Voucher T&Cs”), any other policies that may be notified from time to time and any disclaimers that may be available on the website https://www.rakshahealth.co.in,  a company incorporated under the Companies Act, 1956 of India, having its registered office at 316ASector 10 Noida Uttar Pradesh-201301 and the registered individual user who has a valid and existing membership  of Raksha Health Care  or any other service provided by the Company (“Services”)  (“ Member” or “you”). Raksha service/ plan/ membership is brought to you by Raksha Health Care.If you are accessing and using the Services through Raksha mobile application, then this Agreement will continue to apply to such access and use as well. In addition, there may be additional terms (which includes but not limited to the terms imposed by mobile application stores and/or the terms updated on the Raksha Mobile App) which will govern the use of the mobile application.  Company and you may also be referred to together as “Parties” or individually as “Party” in course of the Agreement.

  1. By using any of the Services, you agree to these Terms of Use and you agree to be bound by these Terms of Use and use the Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OR ALL OF THE TERMS OF THE AGREEMENT, DO NOT CHECK/CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO ACCESS OR USE ANY SERVICES. You expressly represent and warrant that you will not use these Services if you do not understand, agree to become a party to, and abide by all of the Terms of Use. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any right(s) to any third party or any other person.
  2. Raksha helpdesk can be contacted anytime from 11 am till 5 pm (Monday to Friday), except national holidays.
  3. It is hereby declared that the Company is not a merchant, manufacturer, or provider of medical services, save for its provision of health services. Company makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Company also does not authorize anyone to make any warranty on Company’s behalf. Company and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time. SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES. The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
  4. The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider’s name or practice. Further, the Company does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The Company shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
  5. You shall not deliberately use the Services in any way that is unlawful or harms the Company or Medical Service Providers, Company’s owners, employees, affiliates, distributors, partners, service providers and/or other Members. If the Company suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights the Company may have, the Company reserves the right to inform the relevant government or law enforcement authorities. The Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
  6. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Company and update information from time to time.
  7. By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. Further, you hereby unconditionally give your consent to Company or its representatives to send you welcome kit via SMS/Email/Whatsapp/Physical mode or any other mode at the sole discretion of the Company and You have no objection to the same. You agree that your mobile number as provided by You shall be used as your default mobile number for receiving welcome kit whether through SMS/Whatsapp. It is your responsibility to ensure that the contact details provided by you is correct.
  8. Coupons / voucher /offers / services issued to you by Company as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME.
  9. Any voucher offered by Company may be issued in such manner and form, whether paper, electronic or otherwise, as Company deems fit. The right to utilize the voucher shall vest with an active member, subject to a condition that the voucher is utilized before its expiry date. In exceptional cases, some vouchers/ offers/services may be redeemed by/ made available by customers who are not Members; subject to the sole discretion of Company. In such case, the non Member is deemed to have agreed and accepted the terms and conditions of the Agreement.
  10. Any advice provided by any Medical Service Provider or the virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither Company nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or virtual health service to you.
  11. The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and  may be subject to certain limitations Consequently in no event shall Company and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Company in any manner whether or not Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Company for the Services in the 12 months preceding the cause of action. You specifically agree and understand that neither Company nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm.
  12. The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Company. Company shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or nonmedical, professional or non-professional of any Medical Service Provider for any reason whatsoever.
  13. Company is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Company may deem fit.
  14. Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
  15. The Terms of Use, any Specific Service Terms, the Medical Service Providers’ own terms of service and the Services may periodically change, thus you are hereby requested to call our customer service call center or visit our website to check these before making an appointment.
  16. MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Company, you will become a Member and will be entitled to the Services during from such date until the date of expiry stated on the Company’s membership card which will be sent to you.
  17. CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the Company or sending an email within first 14 days of receiving the welcome kit from the Company and the amount paid by the member shall be refunded by the way of electronic transfer or account payee cheque. Post the expiry of the 14 days, from the date of receipt of welcome kit by the Member, no refund shall be made to the Member, in any case whatsoever.
  18. RENEWAL OF MEMBERSHIP: Members may be informed by Company about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Company receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Company is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Company is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Company receives full payment for your membership for the next term.
  19. RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
  20. LOST MEMBERSHIP KIT: In case of loss of membership kit, for any reason whatsoever, Company will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card.  You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to help desk.
  21. COMPLAINTS: Members are advised to address their complaints, if any, to our representatives through the contact number or email id provided on the Company’s Website. However if you are not satisfied with the representatives response(s), you may write to us at our registered office address or mail us at [email protected] Member’s rights or duties under these Terms of Use may not be assigned or delegated without the prior express written consent of the Company.
  22. Company reserve the right to modify the Terms of Use at any time without giving you any prior notice. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Services or to particular Services are also considered part of these Terms of Use. By agreeing to these Terms of Use, you also agree to the specific terms of use of the specific Services, which are available at https://www.rakshahealth.co.in/
  23. THIRD PARTY LINKS: You may be provided with links on the Company’s website that directs you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should you decide to click on the links to visit such Third Party Website, you do so of your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Company is not responsible for your use of any Third Party Websites. Company does not endorse any Third Party Websites that you may be directed to from the Company’s Website.
  24. INTELLECTUAL PROPERTY: Company respects the intellectual property rights of others, and it expect the same from you. All the content on Company’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the Company’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Company or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Company to you in respect of such works. Company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package.
  25. REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that
    1. You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will
      1. ensure that the minor person observes and complies with the Terms of Use and 
      2. assume full liability for any non-compliance or violation of the Terms of Use by the minor in a way that any  non-compliance or violation by the minor person shall be deemed to have been committed by You.
    2. All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;
    3. You will use the Services solely for your personal and non-commercial use; and
    4. You will not use the Services in any way that is unlawful, or harms any person or entity.
  26. INDEMNIFICATION: You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.
  27. TERMINATION: Company reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the Company’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Company shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Company in connection with such suspension or termination.
  28. GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. However, the Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
  29. GENERAL PROVSIONS:
    1. If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
    2. All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to the Company:

  1. at Company’s service email id i.e. [email protected]  ii. by sending physical mails at C 316A Sector 10 Noida UttarPradesh 201301

If to you: 

  1. at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the Company.
  1. No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  2. Complete Understanding. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
  3. Force Majeure. Company shall not be liable for any deficiency or delay in Service caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
  4. In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, Voucher T&Cs and any other policies applicable to Services, the following order of prevalence shall apply: (i) the Terms of Use (ii) the Privacy Policy (iii) Voucher T&Cs (iv) any other policies applicable to Services.

Terms of Use : Diagnostic services

31.For availing certain health check facilities you need to comply with certain conditions as directed.

32.Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.

33.Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the

profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile voucher as A or B. The responsibility of collecting the test reports shall be on you pursuant to the redemption of voucher, and the same shall be collected from the concerned laboratory, where the test was conducted.

34.It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service

Provider. In the event of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk. 

Terms of Use : Pharmacy Vouchers/e-vouchers

35For availing pharmacy voucher/e-voucher benefits you need to comply with Voucher T&Cs and terms as detailed below.

36The pharmacy voucher/e-voucher shall entitle you to order medicines ONLY and not the toiletries, cosmetics, FMCG products or the products of similar kind. 

37The pharmacy voucher/e-voucher is applicable only at retail pharmacy outlets and not acceptable on at Hospital based pharmacies.

38For prescription based medicine orders, a valid prescription from an authorised doctor is required for the fulfilment of the order. 

39Payments for the order value exceeding the denomination value of the voucher/e-voucher shall be paid by you at the time of availing the voucher/e-voucher. If the order value is less than the denomination value of the voucher/e-voucher, then the balance amount shall be forfeited and cannot be refunded or adjusted in any manner whatsoever. The voucher/ evoucher is valid for single transaction only and cannot be clubbed with any other offer or discount.

40The delivery and/or COD charges shall be borne by you and shall vary from pharmacy to pharmacy.

41All orders shall be placed at least 7 working days before the end of the validity period of the voucher/e-voucher.

42The usage of the voucher/e-voucher is at your sole discretion. The voucher /e-voucher is not redeemable for cash or credit. 

43Any sale of the medicines by the pharmacy will be as per the applicable Indian Drugs and Cosmetic Act 1940.

44Company holds no responsibility for any misrepresentation and/or over-charging of any amount in excess of Maximum Retail Price (MRP) of products and/or for any direct or indirect damage, loss, or health problems that may arise from the use of any products offered by the pharmacy. 

  1. Fulfilment of orders is subject to availability of product(s) at the time of processing the order. 

Terms of Use : EMI Facility

46.Interest rate/ processing fee charged by the credit card holder’s credit card issuing bank is to be borne by the credit card holder only.

47.All applicable interest/processing fee charges are levied by the credit card’s transactional bank, Company has no accountability whatsoever, on the levied charges.

48.In case of cancellation, Company’s cancellation policy will be applicable, and in case of approval of cancellation, Company shall only refund the Raksha Company product’s standard amount & shall not be responsible for reversing or refunding any interest /processing fee charged by the credit card holder’s credit card issuing bank.

49.The EMI amounts displayed / indicted for the membership is of tentative nature in lieu of approximate calculation. The actual EMI amount as per selected tenure might vary as per interest charged by the credit card issuing bank(s), & Company shall not bear any and all accountability for any such change in interest / processing fees charged by the credit card issuing bank for any transaction done for purchase of Company’s product(s).

Usage Process of Dentist Consultation Voucher

Consult any dentist and attach the bill with this form and send it to us at our office address or send us the scan copy of the voucher. Post verifying all the bills we will deposit the amount (maximum reimbursement per consultation will not exceed Rs 400(Rupees Four Hundred only) in your bank account as mentioned by you in the doctor consultation voucher.

Terms & Conditions

This voucher is valid for dentist consultation only. It cannot be used to reimburse any IPD, medicine or any other medical expense except consultation. Maximum reimbursement will be Rs 400 (Four hundred only) per voucher. This voucher is valid for primary member and his/her family only.

Usage Process of Eye Checkup Voucher-

Consult any Eye Specialist and attach the bill with this form and send it to us at our office address or send us the scan copy of the voucher.Post verifying all the bills we will deposit the amount (maximum reimbursement per consultation will not exceed Rs 400(Rupees Four Hundred only) in your bank account as mentioned by you in the doctor consultation voucher.

Terms & Conditions

This voucher is valid for Eye checkup only. It cannot be used to reimburse any IPD, medicine or any other medical expense except eye checkup consultation.Maximum reimbursement will be Rs 400 (Four hundred only) per voucher.This voucher is valid for primary member and his/her family only.Buy Medicines from anywhere and get Rs 250 reimbursed.All cancellation and refund are subject to Raksha Health

 Care rights.

Usage Process of Pharmacy Voucher-

We provide pharmacy vouchers to our customer where customer can claim reimbursement against day to day medicine usage.

Terms & Conditions

customer have to submit medicine bill to us and get it reimbursed, max value for one voucher will be INR 250/- per voucher, .

Usage Process of Radiology Voucher-

Submit your radiology bill and get it reimbursed from us.

Terms & Conditions

Maximum amount customer can get reimbursed is INR 800/- per voucher.

Usage Process of Ambulance Voucher-

Customer can avail reimbursement for ambulance charges as per package.

Terms & Conditions

Maximum amount avail per voucher 1000/-

Terms & Conditions: Referral Campaign

  1. Raksha Health care (hereinafter referred to as “Raksha”, which expression shall mean and include its successors and permitted assigns) has come up with a Referral Campaign for all existing RAKSHA Customers and RAKSHA Employees (hereinafter referred to as ‘Participant’ or ‘You’).
  2. By participating in this Referral Campaign, You agree to be legally bound by and abide by the below stated terms & conditions (T&Cs). These T&Cs are a binding agreement between RAKSHA and You. You confirm and acknowledge that you have read, understood and agreed to conform to these T&Cs.
  3. If you do not agree to these T&Cs, please do not participate in this Referral Campaign. RAKSHA reserves the right to amend, modify, change, add or terminate these T&Cs or discontinue this Referral Campaign without any further notice.
  4. This Referral Campaign is valid from 3rd Dec , 2020 at 00:00:00 hours till 31st Jan 2021 at 23:59:59 hours (both days included) for RAKSHA Members and from 3rd Dec, 2020 at 00:00:00 hours till 31st Dec 2020 at 23:59:59 hours (both days included) for RAKSHA Employees, (hereinafter referred to as ‘Referral Campaign Period’). The participation in the Referral Campaign is open only for the Referral Campaign Period.
  5. This Referral Campaign is exclusively for existing RAKSHA Members and RAKSHA Employees (‘Participants’) as on date of start of the Referral Campaign.
  6. In the Referral Campaign, the Participants who wish to participate shall give referrals to RAKSHA who in turn will follow up with such referrals. The top 3 RAKSHA Members and top 3 RAKSHA Employees whose maximum referrals converts into Qualified Referrals (defined hereinafter) becomes eligible for Incentive. Any such top 3 RAKSHA Members and top 3 RAKSHA Employees shall be shortlisted by RAKSHA purely on the basis of highest number of conversion of their referrals. The referrals to be shared by the Participants needs to be of non RAKSHA Members (hereinafter referred to as ‘Campaign’ or ‘Referral Campaign’).
  7. The Qualified Referrals means any conversions from referral to lead i.e. any referral who becomes member of RAKSHA within Referral Campaign Period and which surpasses 14 days’ of cancellation period as per the Terms of Use which are to be complied with by all such Qualified Referrals.
  8. RAKSHA shall in no case whatsoever be liable to any Participant for not being able to avail the Campaign due to any circumstances whatsoever.
  9. The Incentive to be given to the top 3 RAKSHA Members and top 3 RAKSHA Employees will be announced by 15th February, 2021 The winners shall be announced by RAKSHA in its sole discretion. The top 3 winners from RAKSHA Members and RAKSHA Employees shall be entitled to reward worth INR 5,000, INR 3,000 and INR 1,000 respectively. The reward will be in form of Vouchers or any utility item of similar price range but not cash (hereinafter referred to as “Incentive/Referral Reward”).
  10. Post selection of winners, the results will be announced via email or any other mode of communication and winners will be contacted by RAKSHA executive.
  11. RAKSHA reserves the right to disqualify any Participant from participation in this Campaign without any obligation to furnish any notice and/or reason.
  12. The Incentive/Referral Reward is not transferable, exchangeable for cash or any other items.
  13. By participating in the Campaign, the Participant is deemed to have accepted and agreed to be bound by these T&Cs and any other instructions, terms and conditions that RAKSHA may issue from time to time.
  14. After announcement of winners, RAKSHA shall make 1st (First) attempt within 48 working hours after completion of announcement period to contact the winner on their registered mobile number (as per RAKSHA’s records) to inform about the Incentive/Referral Reward and the process of claiming the Incentive/Referral Reward. RAKSHA shall make total of two attempts to contact the winners.
  15. The Incentive/Referral Reward will be forfeited and the winner agrees to surrender the Incentive/Referral Reward if:
    1. The winner does not get contacted after two attempts; or
    2. The winner does not claim the Incentive/Referral Reward.
  16. The Qualified Referrals shall comply with the Terms of Use as available on https://www.rakshahealth.co.in/tnc/
  17. By participating in this Referral Campaign, You have given RAKSHA the right to contact your referral by any means of communication including whatsapp as per the contact details shared by You.
  18. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the all material or content related to the Referral Campaign shall remain, at all times, owned by RAKSHA. All such material or content contained is made available for Participant’s personal and non-commercial use only.
  19. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but  not  limited  to,  meeting  of  the  Participant’s  requirements or aspirations, timeliness, security, the results or reliability of the Referral Campaign, delay in sending or receiving the communication by any means for participating in the Referral Campaign, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Referral Campaign or any transactions effected through the Referral Campaign; (b) The Participant expressly agree that his/her participation in the Referral Campaign is at his/her sole risk and is governed by the T&Cs herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS/emails/ whatsapp/App, as applicable, shall be construed to mean the giving of any warranty of any kind.
  20. The Incentive/Referral Reward under this Campaign are neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
  21. The Incentive/Referral Reward to the winners shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Incentive/Referral Reward and on production of all such documents/papers as may be required by RAKSHA. Any failure on the part of the winner(s) to comply with directions issued by RAKSHA for claim of Incentive/Referral Reward shall entitle RAKSHA to forfeit the Incentive/Referral Reward.
  22. Any Participant providing any incorrect information or concealing/withholding any information from RAKSHA with intent to participate and/or be chosen as the winner(s) of the Referral Campaign will automatically be disqualified from participating in it.
  23. The Participants shall indemnify and keep indemnified RAKSHA and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which RAKSHA may incur, pay or become responsible as a result of breach or alleged breach of the obligations of the Participants under the T&Cs hereunder, any failure by the Participants to comply with applicable law and any third party claim in respect of misuse of any information of a third party by the Participants. RAKSHA shall have the right to defend itself, pursuant to this clause, at the cost of the Participants. RAKSHA and its respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Participant(s) and/or winner(s) or any third party, in connection with the Referral Campaign.
  24. It is expressly provided that any person who is not a party to these T&Cs shall have no right to enforce or receive any benefit of these T&Cs.
  25. All incidental costs, taxes or levies related to the Incentive/Referral Reward, if any, shall be exclusively borne by the winners, including but not limited to TDS, gift tax (if any), and any other taxes applicable by the Central, State or Municipal government.
  26. By participating in the Referral Campaign, Participants confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages via SMS / Email / Call/ Whatsapp for current and future Referral Campaigns from RAKSHA.
  27. This Referral Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of RAKSHA (“Force Majeure Event”). RAKSHA shall not be liable for any delay or adverse effect caused to this Referral Campaign as a result of a Force Majeure Event. RAKSHA shall intimate the suspension of Referral Campaign caused as a result of such Force Majeure Event to the Participants within reasonable time.
  28. This Referral Campaign is subject to guidelines/ directions issued by any applicable competent authority (Government or otherwise) from time to time.
  29. RAKSHA shall not be responsible for any claims arising out of technical failures before or during the Referral Campaign or after the completion including but not limited to any technical failures causing delay in sending or receiving the communication for participating in the Referral Campaign and/or regarding declaration of winners, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct updates or any failures arising out of technical snags or resultant inability of the Participants.
  30. RAKSHA reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Referral Campaign or any part thereof including the eligibility criteria, the T&Cs and Incentive/Referral Reward at its sole discretion, at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond its control and the same shall be binding on the Participants.
  31. Failure by RAKSHA to enforce any of its rights at any stage does not constitute a waiver of those rights. Further, RAKSHA may assign any of its rights within the Referral Campaign to any party without prior intimation to Participants.
  32. RAKSHA does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants.
  33. The winners understand and agree that RAKSHA, its directors, members and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a winner and/or any third party, directly or indirectly, by use or non-use of the Incentive.
  34. Apart from the entitlement to the Incentive/Referral Reward, the winners or their legal heirs/successors/representative will have no other rights or claims against RAKSHA. Maximum aggregate liability of RAKSHA shall not exceed value of the Incentive/Referral Reward that a winner is entitled to in case of any dispute with said winner in pursuance to the T&Cs herein.
  35. The Participant/winner hereby provides his/ her irrevocable consent for sharing /submission of his/her personal information and of their referrals to RAKSHA, and subsequent use by RAKSHA of such information for lawful purposes as per its discretion.
  36. Post winners declaration and completion of their announcement and further process, as the case may be, if RAKSHA finds that the declared winners are wrongly stated, then RAKSHA reserves the right to declare the correct winners again and cancel the Incentive/Referral Reward of winners declared earlier.
  37. You can refer to Company’s Privacy Policy here https://www.rakshahealth.co.in/privacy-policy