Second Read - Terms & Conditions

TERMS AND CONDITIONS
PET-CT Imaging Review Service

Service Provided by: Theranostic Physicians Private Limited
Led by: Dr. Ishita B. Sen, Director & Head, Nuclear Medicine & Molecular Imaging
Website: nuclearmedicinetherapy.in

IMPORTANT NOTICE – PLEASE READ CAREFULLY

By accessing the website nuclearmedicinetherapy.in, uploading Patient information or medical images, making payment, or using the PET-CT Imaging Review Service in any manner, You acknowledge that You have read, understood, and unconditionally agree to be bound by these Terms and conditions (“ Terms ”). If You do not agree to these Terms, You must immediately cease using this Service and refrain from uploading any data or making any payment.

1. DEFINITIONS AND INTERPRETATION

1. "Theranostic Physicians Private Limited" or "TPPL" means Theranostic Physicians Private Limited, a company incorporated under the laws of India, which operates the PET-CT Service through the website nuclearmedicinetherapy.in;
2. "Service" means the PET-CT Imaging Review service provided by TPPL through the website nuclearmedicinetherapy.in, consisting solely of preliminary radiological review and interpretation of PET-CT scan images uploaded by You for the purpose of Imaging Review Report subject to these Terms agreed by You;
3. "You" / "User" / "Patient" means the individual patient or their authorized representative who uploads medical data and/or makes payment for the Service and has requisite authority to share his or Patient’s medical data with TPPL Physicians;
4. "Uploaded Materials" means all PET-CT scan images, prior imaging studies, radiology reports, medical records, clinical information, and any other data or documents uploaded by You for the purpose of obtaining the Imaging Review Report from TPPL;
5. "Imaging Review Report" or "Report" means preliminary radiological observations and imaging findings documented and prepared by TPPL's nuclear medicine physicians based solely on preliminary review of Uploaded Materials;
6. "TPPL Physicians" means Dr. Ishita B. Sen, Dr. Dharmender Malik, and/or any other qualified nuclear medicine physicians employed by, contracted with, or associated with TPPL and qualified National Medical Commission (NMC) registered radiologist(s) in India;
7. “ Treating Physician(s)” means and includes any or all the physicians who are qualified to treat the Patient in respective jurisdiction where the Patient is undergoing treatment or have partially or wholly been involved in treating the Patient physically and either directly or indirectly have direct access to the Patient's complete medical history and medical records, has physically examined the findings and done clinical assessment of the Patient, reviewed laboratory results, pathology reports, and other diagnostic test results, has knowledge of clinical presentation, symptoms, and Patient complaints and understands and has knowledge of the complete clinical context and treatment history, has ability to integrate imaging findings with all other clinical information and has professional relationship with and responsibility for the Patient's medical care in relation to the treatment, and does NOT include TPPL Physicians;
8. "Personal Data" means any information relating to an identified or identifiable individual, including but not limited to name, age, contact details, medical history, PET-CT images, and reports; and
9. "Protected Parties" means TPPL, all TPPL Physicians, and their respective employees, contractors, agents, affiliates, directors, officers, shareholders, successors, and assigns.

2. CRITICAL CLARIFICATION – NATURE OF SERVICE

2.1 Imaging Review Only – NOT Medical Advice or Treatment

You irrevocably and expressly acknowledge, understand and agree that the Service provided by TPPL consists ONLY of radiological preliminary review and preliminary interpretation of PET-CT scan images contained in the Uploaded Materials. TPPL Physicians review the imaging studies and provide observations on imaging findings visible on the scans to the best of their knowledge and understanding at the time of the provision of Service.

The Service is strictly limited to:

1. Preliminary review and interpretation of PET-CT scan images contained in the Uploaded Materials;
2. Documentation of radiological observations and imaging findings visible on the scans;
3. Descriptive reporting of what is radiologically visible on the imaging studies; and
4. Provision of imaging observations that require clinical correlation by a Treating Physician.

2.2 What This Service Does NOT Provide

The Service provided by TPPL explicitly does NOT include:

1. Medical diagnosis or clinical diagnosis of any disease or condition;
2. Treatment recommendations, treatment plans, or therapeutic suggestions of any kind;
3. Medical advice or clinical opinions on Patient management or treatment decisions;
4. Second medical opinion on clinical decision-making or treatment strategies;
5. Physical examination of the Patient;
6. Direct Patient consultation or clinical consultation (unless separately arranged and paid for);
7. Prescription of medications, therapies, or medical interventions;
8. Emergency medical care or urgent medical advice;
9. Ongoing medical management, monitoring, or follow-up care;
10. Performance of any new diagnostic tests, procedures, or imaging studies;
11. Clinical correlation of imaging findings with Patient symptoms, laboratory results, pathology reports, or other clinical data;
12. Integration of imaging findings with Patient's medical history or clinical presentation;
13. Verification, validation, or quality assessment of Uploaded Materials;
14. Guarantee of diagnostic accuracy, treatment outcomes, or clinical results;
15. Confirmation or refutation of diagnoses made by other physicians including Treating Physicians; and
16. a licensed medical practice in your country of residence

2.3 Mandatory Clinical Correlation

ALL OBSERVATIONS IN THE REPORT MUST BE CORRELATED CLINICALLY BY A QUALIFIED TREATING PHYSICIAN.

1. The imaging findings documented in the Report have no standalone clinical meaning or diagnostic value or relevance without clinical correlation by a qualified Treating Physician and are only advisory in nature and must be reviewed by your primary Treating Physician before any clinical decisions are made in relation to the Patient;
2. TPPL or TPPL Physicians do not prescribe medications, recommend surgery, or provide treatment plans through this Service;
3. Only a qualified Treating Physician with access to the complete clinical review can determine the clinical significance and relevance of imaging findings and make appropriate medical decisions based on the same. TPPL and TPPL Physicians at all times, assume no responsibility, relationship with the Patient or otherwise provide or determine or suggest any clinical correlation or clinical decision-making based on the imaging observations in the Report, in any manner whatsoever.
4. You hereby agree not to rely solely on the Imaging Review Report unless the same is agreed, understood and aligned with the Treating Physician. You further acknowledge, understand and agree that in provision of the Services, TPPL and/or TPPL Physicians or Protected Parties absolve themselves from any claim, liability, damages, losses incurred by You.
5. The Report provided is the professional preliminary review by the TPPL Physicians and may differ from review or opinion of other qualified physicians.
6. In case of a medical emergency, it is strongly recommended to immediately contact your local emergency services, Treating Physicians and do not rely on this Report on standalone basis.

2.4 Complete Dependency on Uploaded Materials

CRITICAL: The imaging observations provided by TPPL are ENTIRELY and EXCLUSIVELY based on the Uploaded Materials provided by You.

You irrevocably and expressly acknowledge, understand and accept that:

1. The accuracy, completeness, and clinical utility of the Report is ENTIRELY DEPENDENT upon the quality, accuracy, completeness, and appropriateness of the Uploaded Materials.
2. TPPL has NO means to verify, validate, or confirm the accuracy, authenticity, quality, or completeness of the Uploaded Materials and does not do so in provision of the Report.
3. TPPL and/or TPPL Physicians rely exclusively on the Uploaded Materials and assume they are accurate, complete, authentic, and appropriate for the purpose of providing the Service.
4. TPPL and/or TPPL Physicians do NOT and CANNOT verify the identity of the Patient or the authenticity of the Uploaded Materials and do NOT and CANNOT verify whether the:
   1. Uploaded Materials belong to the Patient;
   2. images are from the correct and/or authorized imaging study or examination or diagnostic center;
   3. clinical information provided to the Treating Physician is accurate or complete;
   4. imaging technique, protocol, or quality meet diagnostic standards;
   5. images have been altered, manipulated, or modified;
   6. prior reports or clinical information provided to the Treating Physician are accurate or authentic;
   7. Uploaded Materials are sufficient for the provision of Service.
   8. Uploaded Materials are uploaded by You OR any other person on your behalf including a minor.

2.5 No Liability for Deficient, Incorrect, or Inadequate Uploaded Materials

You acknowledge, understand and agree that TPPL and/or the Protected Parties shall have ABSOLUTELY NO LIABILITY or RESPONSIBILITY of any kind or in any manner whatsoever for any consequences, damages, losses, claims, costs or harms arising from or related to:

1. Incomplete, poor-quality, motion-degraded, or technically inadequate imaging studies uploaded as part of the Uploaded Materials;
2. Incorrect, inaccurate, misleading, or false clinical information provided in the Uploaded Materials or wrong Patient images or imaging studies uploaded by mistake or inadvertently;
3. Images from wrong body parts, wrong examinations, or wrong time periods;
4. Altered, manipulated, or modified images or reports;
5. Missing critical images, sequences, or portions of the imaging study;
6. Inadequate or suboptimal imaging technique, protocols, or quality in the original scans;
7. Lack of relevant prior imaging studies for comparison;
8. Insufficient clinical information to allow meaningful interpretation;
9. Forged, fabricated, or fraudulent documents or imaging studies;
10. Mislabeled, misidentified, or incorrectly attributed imaging studies or reports; and
11. Any other deficiency, inadequacy, error, or problem with the Uploaded Materials
12. Any misrepresentation by You or provision of incorrect information by You or by any person acting on your behalf with or without your knowledge.

You acknowledge, understand and agree that if the Uploaded Materials are incomplete, inaccurate, poor quality, or inadequate, the resulting Report may be limited, inaccurate and/or incomplete, or clinically non-contributory. You accept full and sole responsibility for the quality, accuracy, completeness, and appropriateness of all Uploaded Materials. TPPL and/or the Protected Parties shall have no liability whatsoever for limitations or errors in the Report that arise from deficiencies in the Uploaded Materials or otherwise.

3. NO DOCTOR-PATIENT RELATIONSHIP

3.1 Express Acknowledgment

You irrevocably and expressly hereby acknowledge, understand and agree that:

1. The use of this Service does NOT create, establish, or constitute a doctor-patient relationship between You (or the patient) and TPPL, any TPPL Physician or Protected Parties or any other individual or entity associated with TPPL.
2. The Service is not a medical consultation, medical advice, clinical service, or treatment advice or treatment service.
3. The Report contains only radiological observations of imaging findings and does not constitute medical advice or suggestion, clinical diagnosis, treatment recommendations, or medical care of any kind.
4. TPPL Physicians are functioning solely as radiologists reviewing images remotely, not as Treating Physicians providing direct medical care or establishing a therapeutic relationship.
5. No physician-patient confidentiality, fiduciary duty, duty of care, or professional treatment relationship arises from this Service.
6. TPPL and/or TPPL Physicians do not owe You any professional duty beyond providing the Service in lieu of the Service fee.
7. The Report contains only radiological observations based on imaging review and are subject to inherent limitations, including but not limited to the quality and resolution of the imaging equipment, the positioning and cooperation of the Patient during the scan, anomalies on imaging and the fact that it is dependent on the available information at the time of review and is not to be construed as a guaranty, warranty or assurance of any particular medical outcome.

3.2 Sole Responsibility of Treating Physician

1. You acknowledge, understand and agree that all medical decisions including but not limited to diagnosis, treatment selection, treatment modification, treatment continuation, treatment discontinuation, or any other aspect of medical care must be made exclusively and solely by Your Treating Physician(s) in consultation with You after clinically examining You with Your complete medical history, physical examination, laboratory results, and all other relevant clinical information.
2. TPPL and /or any TPPL Physician has no role in, responsibility for, or liability related to such clinical decisions or for placing any reliance on the Report for clinical decision and the same shall be the sole responsibility of the Treating Physician at all times.

4. PROPER USE OF THE IMAGING REVIEW REPORT

4.1 Intended Purpose

1. The sole purpose of the Report provided by TPPL is intended to:

   1. provide nuclear medicine radiological interpretation of PET-CT imaging subject to these Terms; and

   2. document imaging findings and observations visible on the scans in the Uploaded Materials.

2. The Report may serve as an additional radiological input for evaluating clinical correlation, if any, by Your Treating Physician solely at Your discretion and volition. In doing so, the Treating Physician will comply with all applicable laws and regulations of the jurisdiction where You/Patient are/is being treated by the Treating Physician.

3. In the event the Treating Physician, subject to applicable laws and regulations, relies on the Report for supporting Treating Physician's clinical assessment and decision-making process, he/she shall do so at his own discretion, knowledge and understanding.

4.2 Strictly Prohibited Uses

1. You acknowledge, undertake and agree that You will not use the Report for:
   1. standalone medical diagnosis without clinical correlation by a qualified Treating Physician who has examined the Patient, who in turn will ensure to comply with the applicable laws and regulations while relying on the Report and such reliance will be made subject to the Terms herein;
   2. making any treatment or medical decisions without consultation with and clinical correlation by a qualified Treating Physician;
   3. emergency medical decision-making (seek immediate emergency medical care instead);
   4. self-diagnosis, self-treatment, or self-prescribed medical interventions;
   5. medico-legal purposes, including but not limited to litigation, malpractice claims, insurance claims, disability determinations, legal proceedings, expert witness testimony, forensic analysis, or any legal or quasi-legal proceedings (see Section 5);
   6. as a substitute for comprehensive clinical evaluation, physical examination, and ongoing medical care;
   7. as evidence in any dispute with another healthcare provider or medical institution;
   8. to challenge, dispute, or contradict the medical opinions of Treating Physicians or other healthcare providers; or
   9. For any purpose other than clinical correlation by a Treating Physician as part of comprehensive Patient care.

4.3 Critical Medical Disclaimer

THE REPORT CONTAINS RADIOLOGICAL OBSERVATIONS ONLY. IT IS NOT A DIAGNOSIS. IT IS NOT MEDICAL ADVICE. IT DOES NOT CONTAIN TREATMENT RECOMMENDATIONS. IT IS NOT A COMPREHENSIVE MEDICAL EVALUATION. ALL FINDINGS MUST BE CLINICALLY CORRELATED BY YOUR TREATING PHYSICIAN AT HIS OWN RISK AND PERIL. THE REPORT IS ENTIRELY BASED ON THE UPLOADED MATERIALS AND ASSUMES THEY ARE ACCURATE AND COMPLETE.

The Report is shared with the Treating Physician and all of it must be shared with and clinically correlated by a qualified, licensed Treating Physician before any medical or treatment-related decisions are taken, the same should be done subject to compliance to applicable laws and regulations applicable to the jurisdiction where the Patient is treated. If You experience alarming symptoms, rapid clinical deterioration, or any medical emergency, You must immediately seek emergency medical attention at the nearest hospital or contact emergency services. Do not rely on the Report for urgent or emergency medical situations. The Report is not a substitute for emergency medical care or urgent medical evaluation.

5. ABSOLUTE PROHIBITION ON MEDICO-LEGAL USE

5.1 No Legal, Forensic, or Medico-Legal Use Under Any Circumstances

You expressly acknowledge, understand, and irrevocably agree that:

1. The Report provided by TPPL is intended SOLELY AND EXCLUSIVELY as a radiological imaging preliminary review for clinical correlation purposes as part of ongoing medical care. To determine whether the Report is permitted to be used for clinical correlation purpose for ongoing medical care is Your sole responsibility and/or the responsibility of the Treating Physician.
2. The Report is NOT intended for, suitable for, or valid for any legal, medico-legal, forensic, insurance, regulatory, administrative, or judicial purpose or any such direct or indirect purpose whatsoever.
3. The Report shall NOT, under any circumstances, be used, submitted, referenced, relied upon, cited, or introduced in any legal, medico-legal, forensic, insurance, regulatory, or judicial proceedings of any kind in any jurisdiction, including but not limited to:
   1. Medical malpractice litigation, professional negligence claims, or medical liability lawsuits;
   2. Insurance claims, insurance disputes, disability determinations, or benefit adjudications;
   3. Court proceedings, arbitration, mediation, or alternative dispute resolution;
   4. Regulatory investigations, disciplinary proceedings, or professional licensing matters;
   5. Expert witness testimony, forensic medical reports, or legal medical opinions;
   6. Medico-legal disputes, litigation, or legal proceedings of any nature;
   7. Workers' compensation claims or personal injury litigation;
   8. Criminal proceedings or prosecutions;
   9. Administrative hearings or governmental proceedings; and
   10. Any other legal, quasi-legal, judicial or quasi-judicial, regulatory, or administrative proceeding in any jurisdiction worldwide.
4. Neither TPPL nor any TPPL Physician will participate in, provide testimony for, cooperate with, or support any such proceeding, investigation, prosecution, evaluation, assessment, adjudication, arbitration or mediation, etc. The Report is provided for the purpose as mentioned in these Terms and has no validity, applicability, or evidentiary value in legal contexts or otherwise.
5. Any attempt to use the Report for medico-legal, forensic, or legal purposes or purposes as mentioned in Clause 5.1 (c) of these Terms shall constitute a material and fundamental breach of these Terms shall immediately render the agreement between You and TPPL void-abinitio.

5.2 Indemnification for Prohibited Use

You irrevocably and expressly agree to indemnify, defend, and hold harmless TPPL and all Protected Parties from and against any and all claims, demands, damages, costs, expenses, losses, liabilities, and legal fees (including reasonable attorneys' fees and court costs) arising from:

1. Your use or attempted use of the Report for medico-legal, forensic, legal, or prohibited purposes as mentioned in these Terms;
2. Any legal, quasi-legal, regulatory, or administrative proceedings in which the Report is referenced or relied upon;
3. Any breach of the prohibition on medico-legal use;
4. Any use of the Report contrary to these Terms; and
5. Any non-compliance or non-adherence to these Terms.

6. COMPREHENSIVE LIMITATION OF LIABILITY AND INDEMNIFICATION

6.1 Standard of Care and Inherent Limitations

While TPPL and TPPL Physicians exercise reasonable professional care, skill, and diligence in reviewing images and providing radiological observations, You acknowledge and accept that:

1. Medical imaging interpretation is inherently subject to professional judgment and clinical opinion;
2. Interpretations may legitimately and reasonably vary between equally qualified radiologists and nuclear medicine physicians;
3. Imaging findings require clinical correlation and cannot be interpreted in isolation from clinical context;
4. The Report is entirely dependent on the quality, accuracy, and completeness of the Uploaded Materials;
5. PET-CT imaging has inherent technical and clinical limitations and cannot detect all abnormalities or pathology;
6. Not all diseases, pathology, or abnormalities are visible on PET-CT imaging;
7. Small lesions, certain tumor types, inflammatory conditions, and some pathological processes may not be visible or distinguishable on PET-CT scans;
8. Imaging findings can be non-specific and may represent various different conditions requiring clinical correlation;
9. False positive findings (abnormal appearance without actual disease) and false negative findings (normal appearance despite actual disease) can and do occur in PET-CT imaging; and
10. TPPL has no access to the Patient, clinical history, physical examination findings, or other clinical information beyond what is contained in the Uploaded Materials.

6.2 Complete and Absolute Exclusion of Liability

To the maximum extent permitted by applicable law in any jurisdiction worldwide, TPPL and all Protected Parties shall have ABSOLUTELY NO LIABILITY, RESPONSIBILITY, OR ACCOUNTABILITY of any kind, nature, or description for:

1. Direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages of any kind;
2. Financial losses, economic damages, medical expenses, treatment costs, or monetary losses of any nature;
3. Physical injury, bodily harm, disability, disfigurement, pain and suffering, or physical damages;
4. Emotional distress, psychological harm, mental anguish, or psychiatric injury;
5. Loss of life, wrongful death, survival actions, or fatality;
6. Missed diagnoses, delayed diagnoses, incorrect diagnoses, or diagnostic errors made by any party;
7. Treatment decisions, clinical management decisions, or therapeutic choices made by Treating Physicians or any other healthcare provider;
8. Inadequate treatment, inappropriate treatment, delayed treatment, or lack of treatment;
9. Medical errors, medical negligence, or medical malpractice by Treating Physicians or healthcare providers;
10. Adverse medical outcomes, treatment complications, disease progression, or treatment failures;
11. Professional fees, legal costs, litigation expenses, or attorneys' fees;
12. Loss of opportunity for treatment, delayed medical care, or loss of chance of recovery or survival;
13. Any clinical consequences, medical outcomes, or health effects arising from imaging findings or their interpretation;
14. Reliance on the Report by You, Treating Physicians, or any third parties;
15. Actions or omissions by You, Treating Physicians, or any third parties based on or influenced by the Report;
16. arising from, related to, or in any way connected with:
    1. Your use of, reliance upon, or inability to use the Service or Report;
    2. The content, accuracy, completeness, or interpretation of the Report;
    3. Any errors, omissions, inaccuracies, or differences in imaging interpretation;
    4. Missed findings, overlooked abnormalities, or failure to identify pathology on imaging;
    5. Limitations of PET-CT imaging technology or inherent limitations of medical imaging;
    6. Quality, completeness, accuracy, or adequacy of the Uploaded Materials;
    7. Incorrect, incomplete, poor quality, or inadequate Uploaded Materials provided by You;
    8. Wrong patient images, mislabeled studies, or incorrect clinical information in Uploaded Materials;
    9. Failure to upload relevant images, prior studies, or clinical information;
    10. Technical limitations, image quality issues, or suboptimal imaging technique in the original scans;
    11. Failure to clinically correlate imaging findings by Treating Physicians;
    12. Clinical decisions, treatment decisions, or medical management by Treating Physicians or healthcare providers;
    13. Disagreement between TPPL's imaging observations and other radiological interpretations, clinical findings, or medical opinions;
    14. Differences of opinion between healthcare providers regarding diagnosis or treatment;
    15. Technical failures, system outages, data transmission errors, website unavailability, or technological problems;
    16. Delays in Report delivery due to any cause whatsoever including but not limited to incomplete submissions, payment processing issues, technical problems, medical emergencies of TPPL Physicians, public holidays, force majeure events, or any circumstances;
    17. Unauthorized access to, use of, or disclosure of Your Personal Data or Uploaded Materials;
    18. Data breaches, cybersecurity incidents, or security compromises;
    19. Any breach of these Terms by You or any third party; and
    20. Any cause whatsoever, whether foreseeable or unforeseeable, direct or indirect

6.3 Strict Cap on Maximum Liability

Notwithstanding anything to the contrary in these Terms, and to the absolute maximum extent permitted by applicable law in any jurisdiction worldwide, in the event that TPPL or any Protected Party is found liable for any reason whatsoever by a court of competent jurisdiction (despite the exclusions of liability set forth herein), the total maximum aggregate liability of TPPL and all Protected Parties combined, for any and all claims, damages, losses, or liabilities of any kind arising out of or relating to this Service, the Report, these Terms, or any related matter, whether based in contract, tort (including negligence), strict liability, professional liability, or any other legal theory, shall be STRICTLY LIMITED TO and shall IN NO EVENT EXCEED the actual amount of fees paid by You to TPPL for specific Service instance.

6.4 Global Scope of Limitations

The limitations of liability, exclusions, and disclaimers set forth in these Terms apply:

1. To the maximum extent permitted by law in every jurisdiction worldwide;
2. Regardless of the legal theory or basis of the claim (contract, tort, negligence, strict liability, professional liability, statutory violation, or otherwise);
3. Regardless of whether TPPL or any Protected Party has been advised of the possibility of such damages;
4. Even if any limited remedy provided herein fails of its essential purpose; and
5. In all countries, territories, and jurisdictions where You are located, where the Patient is located, where treatment occurs, or where any claim may arise.

6.5 Comprehensive Indemnification by You

1. You irrevocably and unconditionally agree to indemnify, defend, and hold harmless TPPL and all Protected Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, litigation expenses, and settlement amounts) arising from, related to, or in connection with:
   1. Your use, misuse, or inability to use the Service;
   2. Your reliance on or use of the Report;
   3. Your violation or breach of any provision of these Terms;
   4. Your violation of any applicable laws, regulations, or legal requirements;
   5. Any inaccurate, incomplete, misleading, or false information provided by You in the Uploaded Materials;
   6. Upload of incorrect Patient data, wrong images, mislabeled studies, or fraudulent materials;
   7. Any unauthorized, prohibited, or illegal use of the Service or Report;
   8. Any medico-legal, forensic, or legal use of the Report in violation of Section 5;
   9. Any claims by third parties arising from your use of the Service or Report;
   10. Your failure to seek, obtain, or follow appropriate medical care from qualified Treating Physicians;
   11. Your failure to clinically correlate imaging findings with Treating Physicians or Your clinically correlating the Report with the Treating Physician in violation of applicable laws or regulations applicable in your jurisdiction;
   12. Medical decisions or treatment decisions made by You or Treating Physicians;
   13. Any dispute with Treating Physicians, healthcare providers, or medical institutions;
   14. Infringement of any intellectual property rights, privacy rights, or other rights of third parties; and
   15. Any cause whatsoever arising from or related to Your use of the Service.

2. This indemnification obligation shall survive termination or expiration of Your use of the Service and shall apply in all jurisdictions worldwide to the maximum extent permitted by law.

7. FEES, PAYMENT, AND STRICT NO-REFUND POLICY

7.1 Payment Requirement and Processing

Full payment of the Service fee must be made via the designated payment gateway (currently Razorpay or such other payment processor as may be designated by TPPL from time to time) before Your request will be queued for processing and review. Payment constitutes acceptance of these Terms.

7.2 Service Timeline - Best Effort Only

TPPL will use commercially reasonable efforts to deliver the Report within 72 (seventy-two) hours from receipt of complete Uploaded Materials and successful payment confirmation. This timeline is a service-level target and best-effort commitment only, not a legally binding guarantee, warranty, or contractual obligation. TPPL shall have no liability for delays in Report delivery for any reason whatsoever.

7.3 Potential Delays - No Liability

1. Delays in Report delivery may occur due to numerous factors including but not limited to:
   1. Incomplete, poor-quality, illegible, or inadequate Uploaded Materials requiring clarification or additional information
   2. Large file sizes, technical difficulties with uploads, or data transmission issues
   3. Technical issues with servers, payment gateways, websites, or IT infrastructure
   4. Unforeseen medical emergencies, illness, personal emergencies, or unavailability of TPPL Physicians
   5. Public holidays, weekends, national holidays, or non-business days
   6. Force majeure events including natural disasters, pandemics, epidemics, civil unrest, war, terrorism, or government restrictions
   7. High service demand, queue backlogs, or operational capacity limitations
   8. Any other circumstances beyond the reasonable control of Theranostic Physicians Private Limited (TPPL)

b) TPPL and Protected Parties shall have absolutely no liability for any consequences, damages, or losses arising from delays in Report delivery for any reason.

7.4 Strict No-Refund Policy

ALL FEES PAID FOR THE SERVICE ARE STRICTLY AND ABSOLUTELY NON-REFUNDABLE.

Once Your case has been assigned for TPPL Physician's review and once the Report has been generated and delivered to You (whichever occurs first), the Service will be deemed to be completed by TPPL. Once the Service is completed, no refunds will be provided under any circumstances whatsoever, including but not limited to any of the reasons as mentioned below:

1. dissatisfaction with the Report content, observations, or findings;
2. disagreement with the imaging observations or interpretation;
3. conflicting opinions from other radiologists, physicians, or healthcare providers;
4. change of mind about wanting the Service;
5. decision not to proceed with treatment or medical care;
6. discovery of errors, omissions, or inaccuracies in the Report;
7. poor quality of Uploaded Materials affecting Report quality;
8. Patient's death, deterioration, or change in clinical condition;
9. financial hardship or inability to afford medical care; and
10. any other reason whatsoever.

7.5 Extremely Limited Exceptions to No-Refund Policy

1. Refunds may be considered ONLY in the following extraordinarily limited and exceptional circumstances, and shall be granted SOLELY at the absolute, unfettered, and non-reviewable discretion of TPPL):
   1. Duplicate payment made in error for the exact same case/request (only one duplicate payment refunded);
   2. Complete technical failure on TPPL's IT systems preventing Report generation, where TPPL is unable to provide the Service after reasonable attempts and efforts; and
   3. Payment received but no Uploaded Materials ever submitted by You within 30 (Thirty) days of payment.

b) The decision to grant or deny a refund rests entirely and exclusively with TPPL and is not subject to appeal, review, or challenge. TPPL reserves the right to deny any refund request for any reason whatsoever.

c) The request for refund in limited exceptional circumstances as mentioned above or any other complaint or grievance may be made by writing at secondread@nuclearmedicinetherapy.in

7.6 Refund Process and Mandatory Deductions

In the extraordinarily rare event that a refund is approved at the sole discretion of TPPL:

1. The refund will be processed to the same payment source (bank account, credit card, debit card, or payment method) from which the original payment was received.
2. The following deductions and charges will MANDATORILY apply to any approved refund:
   1. Payment gateway processing charges and transaction fees (as charged by Razorpay or other payment processor, typically 2-3% of transaction amount);
   2. Payment gateway refund processing charges and fees;
   3. Currency conversion charges (if payment was made in foreign currency);
   4. Bank transfer fees, wire transfer fees, or other financial institution charges;
   5. Administrative processing fee charged by TPPL; and
   6. Any other applicable fees, charges, or costs.
3. Refunds are subject to currency conversion rate fluctuations. If payment was made in a currency other than Indian Rupees (INR), the amount refunded will be subject to the prevailing exchange rate at the time of refund processing, which may be different from the exchange rate at the time of original payment. The amount refunded may therefore be significantly less than the original amount paid due to exchange rate differences, currency conversion fees, and other applicable charges. You accept full responsibility for all currency conversion risks and exchange rate fluctuations.
4. Refund processing may take 7-14 business days or longer, depending on Your bank, payment method, financial institution, and country. TPPL has no control over refund processing time-line by banks or payment processors.

7A. LINKS TO OTHER WEBSITES

1. Our Service may contain links to third-party web sites or services that are not owned or controlled by TPPL;
2. TPPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that TPPL or Protected Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services;
3. TPPL strongly advises You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

8. DATA PRIVACY, SECURITY, RETENTION, AND DELETION

8.1 Commitment to Privacy and Data Protection

TPPL is committed to protecting the privacy, confidentiality, and security of Patient Personal Data in accordance with applicable data protection and privacy laws, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (India), the General Data Protection Regulation (GDPR) (for Users in the European Union), and other applicable data protection regulations worldwide.

8.2 Consent to Data Processing

By using this Service, You expressly, voluntarily, freely and unambiguously consent to the collection, storage, processing, use, retention, and transfer (including cross-border transfer) of Personal Data by TPPL for:

1. Provision of the Service including generation, preparation, and delivery of the Report;
2. Communication regarding Your case status, Service updates, and Report delivery;
3. Billing, invoicing, payment processing, and financial record-keeping;
4. Internal quality assurance, clinical audit, peer review, and Service improvement;
5. Compliance with legal, regulatory, statutory, and tax obligations;
6. Academic research, education, training, and scientific publications (anonymized data only); and
7. Defense of legal claims or compliance with legal processes

You acknowledge, understand and agree that Your health data constitutes Sensitive Personal Data under applicable laws and Your data will be processed by personnel located in India.

You acknowledge, understand and agree that Uploaded Materials may constitute Your protected health information under applicable laws of your country and as a Patient, You are exercising Your rights to access and direct the sharing of Your own medical records with TPPL and/or TPPL Physicians. You consent to your protected health information being processed by TPPL and/or TPPL Physicians in India, understanding that India may not have the same regulatory framework with respect to data protection, but that TPPL and/or TPPL Physicians maintain reasonable data security safeguards to protect Your protected health information as per the prevailing laws in India.

You acknowledge, understand and agree that the legal basis for TPPL and/or TPPL Physicians to process and / or transfer Your health data for the purpose of Service and as mentioned in these Terms is your explicit consent.

You acknowledge and understand that You have the right to withdraw your consent at any time by contacting TPPL at secondread@nuclearmedicinetherapy.in and that the withdrawal of consent will not affect the lawfulness of processing of Your data that occurred before withdrawal.

8.3 Data Retention Period - 14 Days

Patient Personal Data, including PET-CT images, Uploaded Materials, clinical information, and generated Reports, will be retained on TPPL's active primary operational systems for a maximum period of 14 (Fourteen) calendar days from the date of Report delivery to You to address any queries or clarification from your end on the Service provided by TPPL, subject to legal, regulatory, audit, or compliance requirements that may mandate longer retention.

8.4 Data Deletion from Primary Systems

After the 14 (Fourteen) day retention period, TPPL will initiate deletion or irreversible anonymization of Your Personal Data from its primary operational systems, subject to:

1. Legal, regulatory, statutory, or tax requirements mandating longer retention;
2. Ongoing legal proceedings, investigations, disputes, or audit requirements; or
3. Legitimate business purposes including accounting, financial record-keeping, or regulatory compliance.

8.5 Third-Party Cloud Storage and Backup Systems - Critical Limitations

IMPORTANT NOTICE REGARDING CLOUD STORAGE AND BACKUPS:

You expressly acknowledge, understand, and accept that:

1. TPPL utilizes reputable third-party cloud storage, hosting, backup, and IT infrastructure service providers, including but not limited to Amazon Web Services (AWS), Google Cloud Platform (GCP), Microsoft Azure, Dropbox, and similar cloud services, for data storage, system redundancy, disaster recovery, and operational continuity.
2. While TPPL will initiate deletion from its primary operational systems after 14 (Fourteen) days, residual copies of Your Personal Data may continue to exist temporarily or indefinitely in:
   1. Automated backup systems, snapshots, and archives maintained by cloud service providers;
   2. System logs, audit trails, access logs, and operational records;
   3. Redundant storage nodes, distributed storage systems, or geo-replicated data centers;
   4. Data recovery systems, disaster recovery backups, or business continuity systems;
   5. Cached data, temporary files, or system buffers; and
   6. Archived or compressed data files.
3. These third-party cloud service providers operate according to their own data retention policies, backup schedules, deletion cycles, and technical systems, which are subject to technical limitations, operational requirements, and contractual terms beyond TPPL's direct or immediate control.
4. Complete purging, permanent deletion, or overwriting of data from such third-party cloud backup and storage systems may take additional time (weeks, months, or longer) beyond the initial 14 (Fourteen) day period, depending on the technical architecture, backup cycles, and data retention policies of such third-party providers.
5. Despite best efforts by TPPL, complete and immediate deletion of all copies of Your data from all third-party systems cannot be guaranteed within the 14 (Fourteen) day timeframe due to technical and operational limitations.

8.6 Explicit Consent to Cloud Storage Limitations

By using this Service, You explicitly, voluntarily, and unconditionally consent to cloud-based storage of Your Personal Data and fully understand and accept that the timing, completeness, and permanence of data deletion within third-party cloud provider systems are not within TPPL's direct, immediate, or complete control, subject to contractual, technical, and operational limitations of such third-party service providers.

8.7 No Liability for Data Retention by Third Parties

TPPL and Protected Parties shall have no liability for continued retention, storage, or existence of Your Personal Data in third-party cloud systems, backup systems, or archives beyond the 14 (Fourteen) day period.

9. REPRESENTATIONS, WARRANTIES, AND COVENANTS BY YOU

By using the Service, You represent, warrant, covenant and undertake to TPPL that:

1. You are the Patient, or You are the Patient's legally authorized representative with full legal authority to act on their behalf (parent, legal guardian, power of attorney holder, or authorized family member under applicable law);
2. You have obtained all necessary consents, permissions, authorizations, and legal rights from the Patient (if not You) to upload their Personal Data, medical information, and imaging studies to TPPL;
3. The Patient (if not You) is fully aware of, informed about, and consents to the use of this Service;
4. All information, data, images, reports, and materials provided in the Uploaded Materials are accurate, complete, truthful, authentic, and not misleading;
5. The Uploaded Materials belong to the correct Patient and are not mislabeled, misattributed, or incorrect;
6. You have the legal right and authority to upload, share, and transmit the Uploaded Materials to TPPL;
7. The Uploaded Materials do not infringe any intellectual property rights, privacy rights, or other rights of third parties;
8. You are at least 18 years of age or the age of majority in Your jurisdiction;
9. Your use of the Service does not violate any applicable laws, regulations, or legal requirements in Your jurisdiction or the Patient's jurisdiction;
10. You acknowledge, understand and accept that this is an imaging review Service only, and not medical advice, diagnosis or treatment recommendations;
11. You acknowledge, understand and accept that all imaging findings as mentioned in the Report is for your records only and Your use of the same must be clinically correlated by a qualified Treating Physician in compliance with applicable laws and subject to acceptance of inherent risks involved;
12. You will not use the Report for medico-legal, forensic, or legal purposes; and
13. You have read, understood, and unconditionally agree to all Terms.

9.1 "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TPPL and/or TPPL Physicians and/or Protected Parties, on its own behalf and on behalf of Protected Parties, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TPPL and/or TPPL Physicians and/or Protected Parties provide/s no warranty or undertaking, and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither TPPL nor any of the TPPL Physicians and/or Protected Parties make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of TPPL and/or TPPL Physicians and/or Protected Parties are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

9.2 Liability for Breach of Representations and Warranties

You shall be solely and exclusively responsible and liable for any breach of representations and warranties, and You expressly agree to indemnify TPPL and/or TPPL Physicians and/or Protected Parties for any claims, damages, or losses arising from such breach.

10. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms and any disputes, claims, or legal proceedings arising out of, relating to, or in connection with the Service, the Report, or these Terms, shall be governed by, construed, and interpreted in accordance with the laws of India, without regard to conflict of law principles or rules that would apply the laws of any other jurisdiction.

10.2 Exclusive Jurisdiction - Delhi/New Delhi Courts Only

You irrevocably, unconditionally, and exclusively submit to the jurisdiction of the courts located in Delhi / New Delhi, India.

You irrevocably and unconditionally agree that the courts located in Delhi / New Delhi, India shall have sole, exclusive, and non-concurrent jurisdiction to hear, determine, adjudicate, and resolve any and all disputes, claims, suits, actions, proceedings, controversies, or legal matters of any kind arising out of or in connection with:

1. These Terms or any breach thereof;
2. The Service, the Report, or the Uploaded Materials;
3. Your use, misuse, or inability to use the Service;
4. Any matter relating to data privacy, confidentiality, security, retention, or deletion;
5. Any claims against TPPL and/or TPPL Physicians and/or any Protected Parties;
6. Any interpretation, performance, or enforcement of these Terms; and
7. Any other matter whatsoever relating to the Service or these Terms

regardless of where You are located, where the Patient is located, where treatment occurs, where the Report is delivered, where damages occur, or where any other events take place.

10.3 Waiver of Jurisdiction Objections

You hereby irrevocably and unconditionally:

1. Waive any objection to jurisdiction or venue in the courts of Delhi / New Delhi, India
2. Waive any claim that Delhi / New Delhi, India is an inconvenient forum
3. Waive any right to bring proceedings in any other jurisdiction or before any other court
4. Submit to the personal jurisdiction of the courts in Delhi / New Delhi, India
5. Consent to service of process by any means permitted by Indian law or the rules of such courts

10.4 Waiver of Jury Trial

To the maximum extent permitted by applicable law, You irrevocably waive any right to trial by jury in any legal proceeding arising out of or relating to these Terms, the Service, or the Report.

10.5 Class Action Waiver

You irrevocably waive any right to participate in or bring any class action, collective action, representative action, or consolidated proceeding against TPPL and/or TPPL Physicians and/or any Protected Party. Any dispute must be brought on an individual basis only.

11. GENERAL PROVISIONS

11.1 Entire Agreement

These Terms constitute the complete, final, and entire agreement between You and TPPL regarding the Service and supersedes all prior or contemporaneous communications, proposals, negotiations, agreements, understandings, correspondences, representations, or warranties, whether oral, written, electronic, or otherwise.

11.2 Amendments and Modifications

TPPL reserves the right to modify, amend, update, or revise these Terms at any time, in its sole discretion, without prior notice. The revised Terms will be posted on the website with an updated "Last Revised" date. Your continued use of the Service after such changes constitutes Your acceptance of the revised and updated Terms. It is Your sole responsibility to read and review the Terms periodically. If You do not agree to the revised and Updated Terms, You must immediately cease using the Service.

11.3 Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable in that jurisdiction. If such modification is not possible, the provision shall be severed and deleted from these Terms, but only in that jurisdiction, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

11.4 Waiver

The failure of TPPL to enforce any right or provision of these Terms, or to exercise any right or remedy, shall not constitute a waiver of such right, provision, or remedy. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of TPPL. No waiver in one instance shall constitute a waiver in any other instance or of any other provision.

11.5 Assignment and Transfer

You shall not assign, transfer, delegate, or subcontract Your rights, obligations, or duties under these Terms without the prior written consent of TPPL. Any attempted assignment in violation of this provision shall be null and void. TPPL may freely assign, transfer, or delegate its rights, obligations, and duties under these Terms without restriction or prior notice to You, including to affiliates, successors, or purchasers of the business.

11.6 Force Majeure

TPPL and/or TPPL Physicians and/or Protected Parties shall not be liable for any failure or delay in performance of obligations under these Terms due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, fires, pandemics, endemics, epidemics, public health emergencies, wars, terrorism, civil unrests, riots, strikes, labor disputes, government actions, government orders, regulatory restrictions, internet or telecommunications failures, power outages, or any other force majeure events. During any such force majeure event, TPPL and/or TPPL Physicians and/or Protected Parties obligations shall be suspended, and timelines shall be extended accordingly.

11.7 Survival of Terms

The provisions of these Terms that by their nature should survive termination, completion, or expiration of Your use of the Service (including but not limited to Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13) shall survive and continue in full force and effect indefinitely following any termination, completion, or expiration.

11.8 Headings and Interpretation

Section headings and titles are for convenience and reference only and shall not affect the interpretation, construction, or meaning of these Terms. In these Terms, unless the context requires otherwise: (a) words in the singular include the plural and vice versa; (b) references to "including" mean "including without limitation"; (c) "or" is not exclusive; (d) references to a person include individuals, corporations, partnerships, and other entities.

11.9 Language

For questions, concerns, or inquiries regarding these Terms, the Service, or data privacy matters, please contact:
Theranostic Physicians Private Limited
Website: www.nucleartheranostics.com
Email: secondread@nuclearmedicinetherapy.in;
Phone: +91 9811 127 080, +91 9468 444 004
Registered Office: N-5, D Block, Saket - 110017, New Delhi INDIA

11.10 Contact Information

For questions, concerns, or inquiries regarding these Terms, the Service, or data privacy matters, please contact:
Theranostic Physicians Private Limited
Website: www.nucleartheranostics.com
Email: ibaratsen@gmail.com
Phone: +91 9811 127 080
Registered Office: N-5, D Block, Saket - 110017, New Delhi INDIA

12. TERMINATION

TPPL may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

13. BINDING ACCEPTANCE OF TERMS

13.1 Binding Agreement Through Use

By:

1. Accessing, browsing, or viewing the website nuclearmedicinetherapy.in
2. Creating an account or registering for the Service; or
3. Uploading any Patient information, PET-CT images, medical reports, or any Uploaded Materials; or
4. Making payment for the Service through any payment method; or
5. Downloading, viewing, or using the Report; or
6. Taking any action that indicates Your intent to use or benefit from the Service

You expressly, voluntarily, knowingly, and unconditionally acknowledge, confirm, and agree that:

1. You have carefully and thoroughly read, fully understood, and unconditionally and irrevocably agree to be legally bound by all terms, conditions, disclaimers, exclusions, limitations, and provisions set forth in these Terms;
2. You understand the nature, scope, purpose, and significant limitations of the Service provided by TPPL;
3. You expressly understand that this is an imaging review Service only, providing radiological observations, and NOT medical advice, diagnosis, or treatment recommendations;
4. You expressly understand and accept that no doctor-patient relationship is created or established;
5. You expressly understand and accept all comprehensive liability limitations, exclusions, disclaimers, and indemnification obligations;
6. You expressly understand and consent to the collection, use, storage, processing, and retention of Personal Data for the purpose of provision of Service as described herein;
7. You expressly understand and consent to cloud storage limitations and the 14-day data retention policy;
8. You expressly understand and accept the strict no-refund policy as mentioned in these Terms;
9. You expressly understand and accept that the Report is entirely based on Uploaded Materials and that TPPL has no liability or responsibility for deficiencies in Uploaded Materials;
10. You consent to the exclusive jurisdiction of courts in Delhi / New Delhi, India for any disputes;
11. You agree that the Report shall NOT be used for any medico-legal, forensic, or legal purposes under any circumstances;
12. You have the legal authority and right to agree to these Terms on behalf of Yourself and/or the Patient;
13. You have made all required representations and warranties set forth in Section 9;
14. You understand that these Terms are governed by the laws of India

13.2 Prohibition on Use in case of Non-Acceptance

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY WITHOUT ANY RESERVATION, MODIFICATION, OR EXCEPTION, YOU MUST NOT AND SHALL NOT USE THE SERVICE, ACCESS THE WEBSITE, UPLOAD ANY DATA OR MATERIALS, OR MAKE ANY PAYMENT.

Your use of the Service, in any manner whatsoever, constitutes Your complete, unconditional, irrevocable, and legally binding acceptance of these Terms and Your agreement to be bound by all provisions herein.

Last Revised: 4/17/2026 10:34:57 AM
Version: 4/17/2026 10:34:57 AM
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