Terms and Conditions
Effective Date: 22 August 2025
Platform Name: TestNearby
Contact Number: +91 7376015597
Contact Information:
Registered Address: Office 09, Lekhraj Enclave, Vikas Nagar, Lucknow, Uttar Pradesh
Important Note: TestNearby does not conduct any pathological or diagnostic testing. The Platform merely acts as an online intermediary, facilitating connections between patients and independent diagnostic laboratories (“Vendors”). All liability for testing, reporting, and medical accuracy rests solely with the Vendor.
1. Patient-Initiated Cancellations
1.1 Cancellations Prior to 1 Hour of Scheduled Test
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If a User cancels a confirmed booking at least one (1) hour prior to the scheduled sample collection or test appointment, such cancellation shall be eligible for a full (100%) refund of the booking amount.
- No cancellation fee shall be deducted in such cases.
1. Acceptance of Terms
1.1. These Terms and Conditions (“Agreement”) constitute a legally binding agreement between TestNearby (“the Platform”), patients/end-users (“Users” or “Patients”), and diagnostic laboratories or pathology centers (“Vendors”).
1.2. By accessing, browsing, registering, or availing any services on the Platform, the User and the Vendor acknowledge that they have read, understood, and agreed to be bound by this Agreement, the Privacy Policy, and all applicable laws.
1.3. If you do not agree with any part of this Agreement, you must immediately discontinue the use of the Platform.
2. Scope of Services
2.1. TestNearby provides an online marketplace/aggregator service for diagnostic laboratories to list their services and for Users to book such diagnostic tests.
2.2. The Platform:
Does not own, operate, or control any laboratory.
Does not perform medical testing, diagnosis, or provide medical advice.
Is not liable for the accuracy, validity, reliability, completeness, or timeliness of reports issued by Vendors.
2.3. The role of the Platform is strictly limited to:
Publishing test listings and prices as shared by Vendors.
Facilitating online/offline booking requests.
Enabling report transmission in digital format.
Processing payments and settlements between Users and Vendors.
3. User (Patient) Obligations
3.1. Users must provide accurate, current, and complete personal and medical information while booking tests.
3.2. Users agree to:
Comply with all pre-test instructions communicated by the Vendor (e.g., fasting requirements).
Refrain from using falsified or stolen identities for bookings.
Treat all Vendors and staff with respect.
3.3. Users acknowledge that reports generated by Vendors are for informational purposes only and shall not substitute professional medical consultation.
4. Vendor Obligations
4.1. Vendors shall:
Maintain valid licenses under the Clinical Establishment Act, 2010 and other applicable healthcare laws.
Ensure compliance with NABL/ICMR standards (if applicable), Biomedical Waste Management Rules, 2016, and other relevant statutory guidelines.
Employ qualified professionals (DMLT, Pathologists, or equivalent) to conduct and authenticate tests.
4.2. Vendors must guarantee:
Accuracy, authenticity, and completeness of test results.
Timely delivery of reports within the committed Turnaround Time (TAT).
Data confidentiality and protection of all patient information.
Immediate notification to the Platform in case of service disruption, equipment failure, or regulatory non-compliance.
4.3. Vendors expressly agree that TestNearby shall not be liable for errors in reporting, delays, or patient complaints arising from laboratory operations.
5. Booking, Cancellation, and Refunds
5.1. Booking Confirmation
A booking is deemed confirmed only upon receipt of acknowledgement from the Vendor through the Platform.
The Platform reserves the right to decline or cancel any booking at its discretion.
5.2. Patient Cancellations
Users may cancel bookings within 2 (two) hours of confirmation without penalty.
Post the 2-hour window, cancellation charges may apply as determined by the Vendor.
5.3. Vendor Cancellations
Vendors must promptly notify the User and the Platform if they are unable to conduct a test.
In such cases, Users are entitled to a 100% refund of any pre-paid amount.
5.4. Refund Timelines
Refunds, where applicable, shall be processed to the original mode of payment within 7–10 working days, subject to banking timelines.
6. Payments & Settlement
6.1. Users agree to pay the applicable fees for the diagnostic services booked via the Platform.
6.2. TestNearby may deduct a pre-agreed commission/service fee before remitting payments to Vendors.
6.3. Vendors must raise valid invoices for all services rendered.
6.4. Any disputes regarding settlement must be notified to the Platform within 7 (seven) days of receipt of payment; failing which, the settlement shall be deemed final.
7. Limitation of Liability
7.1. To the maximum extent permitted under law, TestNearby disclaims all liability arising from:
Errors, omissions, or inaccuracies in reports issued by Vendors.
Delayed or failed report delivery.
Medical outcomes, misdiagnosis, or treatment decisions taken on the basis of reports.
Acts, omissions, misconduct, or negligence of Vendors or their staff.
7.2. TestNearby shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, even if advised of the possibility thereof.
7.3. The maximum liability of TestNearby, if established by a court of law, shall not exceed the amount paid by the User for the specific test in dispute.
8. Data Privacy & Confidentiality
8.1. All data shared by Users shall be collected, stored, and processed in accordance with the Information Technology Act, 2000, and applicable data protection laws.
8.2. Vendors are independently responsible for ensuring the confidentiality and security of patient data.
8.3. Patient data shall not be sold, misused, or disclosed to unauthorized third parties.
9. Termination & Suspension
9.1. TestNearby reserves the right to suspend or terminate access to the Platform for any User or Vendor in cases of:
Fraudulent activity, misrepresentation, or illegal conduct.
Repeated service failures or patient complaints.
Non-compliance with these Terms or applicable laws.
9.2. Vendors or Users may voluntarily discontinue their association with the Platform upon providing 30 (thirty) days’ written notice.
10. Indemnity
10.1. Vendors and Users agree to indemnify, defend, and hold harmless TestNearby, its directors, officers, employees, and affiliates against all claims, damages, liabilities, losses, or expenses (including legal fees) arising out of:
Breach of these Terms;
Misuse of the Platform;
Negligence or misconduct by Vendors or Users;
Violation of applicable laws.
11. Governing Law & Jurisdiction
11.1. This Agreement shall be governed and construed in accordance with the laws of India.
11.2. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts situated at Lucknow, Uttar Pradesh.
12. Amendments
12.1. TestNearby reserves the right to amend, modify, or update these Terms & Conditions at any time, without prior notice.
12.2. Continued use of the Platform after changes shall constitute deemed acceptance of the revised Terms.
Acknowledgement
By using the services of TestNearby, you (User or Vendor) acknowledge that you have read, understood, and agreed to these Terms & Conditions.
