1. Definitions

In these Terms and Conditions, the following definitions apply:

• “Company,” “we,” “us,” or “our”: refers to ProScreen Technologies Healthcare, a company engaged in the supply of medical imaging solutions, surgical monitors, medical PCs, medical carts, PACS software, AI in Radiology solutions, and related healthcare technology products and services.
• “Website”: refers to proscreen.in and all its sub-pages, portals, and digital assets operated by the Company.
• “User,” “you,” or “your”: refers to any individual, healthcare institution, hospital, clinic, diagnostic centre, or organisation accessing the Website or procuring our products and services.
• “Products”: refers to all medical monitors (diagnostic, clinical review, and mammography displays), surgical monitors (2D and 3D), medical PCs, medical carts, automated medicine cabinets (ADCs), and any associated hardware offered by the Company.
• “Services”: refers to PACS software, AI in Radiology, OSIRIX Workstation configuration, calibration services, operating room (OR) integration, mobile OR integration, medVC surgical collaboration, and any other professional or technical services offered by the Company.
• “Order”: refers to a confirmed purchase order or formal requisition submitted by you for Products or Services.

2. Acceptance of Terms

By accessing or using the Website, submitting an enquiry, or placing an Order, you confirm that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• You are at least 18 years of age and have the legal capacity to enter into a binding agreement.
• If acting on behalf of an institution or organisation, you have the authority to bind that entity to these Terms.
• You will use the Website and our Products and Services only for lawful purposes related to healthcare delivery, diagnosis, treatment, medical education, or related professional activities.

3. Products and Services

3.1  Medical Imaging Solutions

ProScreen Technologies offers a range of medical imaging products including diagnostic displays, clinical review displays, mammography displays, PACS software, AI-assisted radiology tools, and OSIRIX Workstation configurations. These products are intended for use exclusively by trained and qualified medical professionals in accordance with applicable regulations.

3.2  Surgical and OR Solutions

Our surgical monitors (2D and 3D), OR integration systems, mobile OR integration, and medVC surgical collaboration platforms are designed for use in clinical operating environments. Installation, configuration, and operation must be carried out by qualified biomedical engineers or authorised personnel.

3.3  Medical PCs, Carts and ADCs

Medical PCs, carts, and Automated Medicine Cabinets (ADCs/UnitBox) are supplied subject to applicable medical device and pharmacy regulations. The customer is solely responsible for ensuring compliance with national and state-level regulatory requirements for deployment and use of these devices.

3.4  Calibration Services

Monitor calibration services are performed in accordance with DICOM standards. Service scope, frequency, and certification details will be specified in the respective Service Level Agreement (SLA) agreed upon at the time of engagement.

4. Orders, Pricing and Payment

• Orders: All Orders are subject to written confirmation by the Company. Quotations provided by the Company are valid for 30 days from the date of issue unless stated otherwise.
• Pricing: Prices listed on the Website (if any) or in quotations are exclusive of applicable Goods and Services Tax (GST), customs duty, freight, installation, and other statutory levies unless explicitly stated. The Company reserves the right to revise prices without prior notice, but confirmed Orders will not be affected by such revisions.
• Payment Terms: Payment terms will be as agreed in the purchase order or contract. Standard terms require advance payment or payment against pro-forma invoice unless a credit facility has been separately established. Overdue payments shall attract interest at 18% per annum or as agreed.
• Invoicing: All invoices will be raised in Indian Rupees (INR) unless a different currency is agreed in writing. GST will be charged at applicable rates as per the Goods and Services Tax Act, 2017.

5. Delivery, Installation and Risk

• Delivery timelines provided are estimates only. The Company shall not be liable for delays caused by third-party logistics, force majeure events, port congestion, import clearance delays, or other circumstances beyond its reasonable control.
• Risk in the Products passes to the Customer upon delivery at the agreed delivery point. Title to the Products passes to the Customer only upon receipt of full payment.
• Installation, where offered as part of the service package, will be performed by Company-authorised engineers. The Customer must ensure a safe, accessible, and infrastructure-ready environment prior to installation. Any additional civil, electrical, or network work required is the Customer’s responsibility.
• The Customer must inspect Products upon delivery and notify the Company of any visible damage or shortfall within 48 hours. Claims made thereafter may not be entertained.

6. Warranty

• Products supplied by ProScreen Technologies are covered by the manufacturer’s warranty as specified in the product documentation or quotation. Unless separately stated, the standard warranty period is 12 months from the date of installation or 15 months from the date of shipment, whichever is earlier.
• Warranty covers manufacturing defects and component failure under normal operating conditions. It does not cover damage arising from misuse, unauthorised modification, improper installation, power surges, physical damage, use outside the specified operating environment, or failure to follow maintenance guidelines.
• Software warranties and updates are subject to the terms of the respective software vendor’s license agreement.
• Calibration Services carry a service warranty as defined in the applicable SLA.
• Extended warranty options may be available for purchase and will be detailed in the quotation.

7. Returns and Cancellations

• Orders once confirmed and in production or dispatched cannot be cancelled without the Company’s written consent. Cancellation charges may apply.
• Returns of Products will only be accepted where there is a verified manufacturing defect, provided the Customer has notified the Company within the warranty period and followed the Company’s Return Merchandise Authorisation (RMA) process.
• Software licenses, custom-configured products, and imported items are non-returnable once delivered, except in cases of verified defect.
• Refunds, where applicable, will be processed within 30 working days of acceptance of the return claim.

8. Regulatory Compliance and Intended Use

ProScreen Technologies supplies medical devices and software that may be classified as medical devices under the Medical Devices Rules, 2017 (India) or equivalent regulations. The Customer acknowledges and agrees that:

• All Products must be used in strict accordance with the instructions for use (IFU), technical specifications, and any applicable regulatory guidance.
• The Customer is responsible for obtaining all necessary regulatory approvals, registrations, or licences required for the use of the Products at their facility.
• AI-powered tools supplied by the Company (including AI in Radiology solutions) are intended to assist qualified radiologists and medical professionals and are not a substitute for clinical judgment. Final diagnostic decisions remain the responsibility of the treating clinician.
• The Company does not practice medicine. Nothing on the Website or in any of our product materials constitutes medical advice.

9. Intellectual Property

• All content on the Website, including but not limited to text, graphics, logos, images, product descriptions, and software, is the exclusive property of ProScreen Technologies Healthcare or its licensors and is protected under applicable intellectual property laws.
• No content from the Website may be reproduced, distributed, modified, or used for commercial purposes without the prior written consent of the Company.
• The Company grants the Customer a limited, non-exclusive, non-transferable licence to use software supplied as part of the Products or Services solely for the Customer’s internal healthcare operations and in accordance with the applicable End User Licence Agreement (EULA).
• Any third-party software, including OSIRIX, PACS platforms, or AI tools, remains subject to the intellectual property rights and licence terms of the respective third-party vendor.

10. Confidentiality

Both parties agree to keep confidential all proprietary information shared in the course of their business relationship, including pricing, technical specifications, patient data handling protocols, and business strategies. This obligation survives termination of any contract. Neither party shall disclose such information to third parties without prior written consent, except as required by law or regulatory authority.

11. Data Privacy and Patient Data

• The Company collects and processes personal data in accordance with its Privacy Policy and the applicable provisions of the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (India).
• The Customer is solely responsible for ensuring that any patient data stored, transmitted, or processed using ProScreen’s Products or Services complies with applicable data protection laws, including consent requirements, data localisation norms, and breach notification obligations.
• The Company does not access, process, or retain patient-identifiable data unless explicitly contracted to provide managed services and subject to a separate Data Processing Agreement.

12. Limitation of Liability

• To the maximum extent permitted by applicable law, the Company’s aggregate liability arising out of or in connection with any Order, product, or service shall not exceed the total amount paid by the Customer for the specific Product or Service giving rise to the claim.
• The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, loss of goodwill, business interruption, or clinical adverse outcomes, even if the Company has been advised of the possibility of such damages.
• Nothing in these Terms limits liability for death or personal injury caused by the Company’s proven negligence, fraud, or any other liability that cannot be excluded by law.

13. Indemnification

The Customer agrees to indemnify, defend, and hold harmless ProScreen Technologies Healthcare, its directors, officers, employees, and authorised agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or relating to: (a) the Customer’s misuse of Products or Services; (b) violation of these Terms; (c) breach of any applicable law or regulation; or (d) any third-party claim related to the Customer’s use of the Products in clinical settings.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, pandemics, war, government actions, trade embargoes, port closures, supply chain disruptions, cyberattacks, or natural disasters. The affected party shall promptly notify the other party and make reasonable efforts to resume performance.

15. Website Use and Disclaimer

• The Website is provided on an “as is” and “as available” basis. The Company makes no representations or warranties as to the accuracy, completeness, or fitness for a particular purpose of any information on the Website.
• The Company reserves the right to modify, suspend, or discontinue any part of the Website at any time without notice.
• The Website may contain links to third-party websites. The Company does not endorse or assume responsibility for the content, privacy practices, or terms of third-party websites.
• Unauthorised access to, or misuse of, the Website or its systems is strictly prohibited and may attract civil and criminal liability under the Information Technology Act, 2000.

16. Governing Law and Dispute Resolution

• These Terms and all transactions arising therefrom shall be governed by and construed in accordance with the laws of the Republic of India.
• Any dispute, controversy, or claim arising out of or in connection with these Terms, or breach, termination, or validity thereof, shall first be attempted to be resolved amicably through good-faith negotiations within 30 days of notice.
• If the dispute remains unresolved, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration at New Delhi, India. The language of arbitration shall be English.
• Subject to the above, the courts of New Delhi, India shall have exclusive jurisdiction.

17. Amendments

ProScreen Technologies Healthcare reserves the right to amend these Terms at any time. Updated Terms will be posted on the Website with a revised effective date. Continued use of the Website or Services after any such changes constitutes acceptance of the revised Terms. For existing contracts, amendments will be effective only upon written mutual agreement.

18. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable under applicable law, it shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Contact Information

For questions, concerns, or notices relating to these Terms and Conditions, please contact us at:

Company:  ProScreen Technologies Healthcare

Website:  www.proscreen.in

Email:  info@proscreen.in

Address:  India 1st Floor, Plot No. 2, Site No. 37-38, L.SC, Behind Kalkaji Post Office, New Delhi-1 10019