Please read these terms of use carefully by accessing Website, internet based platform or through offline mode of IOTA Diagnostic Private Limited and its affiliates and associated partner. You agree to be bound by the terms described herein and all terms incorporated by reference.
Introduction
These terms of use (“Terms of Use”) govern your use of the online interfaces and properties (e.g., Websites and mobile Applications) owned and managed by IOTA Diagnostic Private Limited. (Hereinafter referred to as “IOTA Diagnostic”, or “We” or “Us,” or “Company”), including the www.iotadiagnostic.com (the “Website”), the IOTA Diagnostic’s mobile Application (the “Application”), and the services and products (jointly referred to as the “Products”) IOTA Diagnostic offers directly to users through the Website and the Application.
IOTA Diagnostic may offer product and services through authorized online merchants or offline centre (hereinafter referred to as “Partner” or “Third Party Service Provider”)
In these Terms of Use, we refer to the Website, Application, and Products collectively as the “Services.” The terms “you” and “your” mean you, your dependent(s) if any, any other person accessing your IOTA Diagnostic Account, and your heirs, assigns, and successors. If you use the Services on behalf of another individual, you represent and warrant that: (i) you have the authority to bind that individual, (ii) your acceptance of the Terms will be deemed an acceptance by that individual, and (iii) “you” and “your” herein shall refer to that individual, their heirs, assigns, and successors.
IOTA Diagnostic reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.
As a condition to your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to IOTA Diagnostic that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
If you do not want to accept the terms set forth herein and in the Privacy Policy, please do not use the Website, the Application or our Products.
YOUR AGREEMENT TO BE BOUND BY TERMS AND CONDITIONS MENTIONED IN WEBSITE OF IOTA DIAGNOSTIC PRIVATE LIMITED.
Privacy- Use of Your Information
You agree that we may process information we collect through the Services pursuant to the IOTA Diagnostic Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.
You agree that we may process information we collect through the Services pursuant to the IOTA Diagnostic Privacy Policy which is hereby incorporated and made a part of these Terms of Use.
Services Provided – by IOTA Diagnostic
IOTA Diagnostic is engaged in the business of research, manufacturing of medical products and providing diagnostics services and other health care activities. IOTA Diagnostic offers (or may offer) certain Products for purchase through our Website and/or authorized Partner. IOTA Diagnostic has made arrangements with its partners at various levels for their products and/or services which may be listed on the Website from time to time.
Payment, Fees and Taxes:
Return, Refund, Cancellation and Shipping charges:
We offer return and refund on the products and Services ordered by you on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
Limitation of Liability:
In no event shall IOTA Diagnostic, nor any officer, affiliate, director, shareholder, agent, sub-contractor (including without limitation technology providers and suppliers), acting in its capacity of providing services to the “User”, or employee be liable or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, or lost profits, earnings, or business opportunities, or expenses or costs, even if advised of the possibility thereof, resulting directly or indirectly from, or otherwise arising (however arising, including negligence) out of the use of the services by the client, including, but not limited to, damages resulting from or arising out of the omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions by third parties, resulting in any failure of the performance of the portal; the termination or suspension of client’s user id and password by IOTA Diagnostic pursuant to specified terms and conditions; the failure, or alleged failure, of any product or service purchased or transferred pursuant to the portal to conform to any specifications or terms, whether published on the portal or not; the breach, or alleged breach, of any warranty, express or implied, relating to any such product, service or shipment; or government restrictions, strikes, war, any natural disaster or force majeure, or any other condition beyond IOTA Diagnostic’s reasonable control. IOTA Diagnostic’s liability to the “User” or any third party in any circumstances is limited to rupees NIL.
IOTA Diagnostic shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by IOTA Diagnostic, where Other Parties have consented to the making of such disclosures by IOTA Diagnostic.
Indemnity:
The Covenanters agree to defend, indemnify and hold harmless IOTA Diagnostic, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
Modification of Website or Application:
IOTA Diagnostic reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that IOTA Diagnostic will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual Property Rights:
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Compliance of Applicable Law
While communicating/ transacting with each other through the Website, other parties agree that it shall at all times and at its own expense (a) strictly comply with all applicable Indian laws, rules, regulations and governmental orders, now or hereafter in effect, relating to its performance of this joint offer, (b) pay all fees and other charges required by such laws, rules and regulations and orders and (c) maintain in full force and effect all licenses, permits, authorization, registration and qualifications from all Indian Governmental departments and agencies to the extent necessary to perform its obligations hereunder.
Termination:
(Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and IOTA Diagnostic) The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
Force Majeure:
Other Parties accept and acknowledge that IOTA Diagnostic shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of IOTA Diagnostic or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond IOTA Diagnostic’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, IOTA Diagnostic, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event. Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.
Governing Law and Dispute Resolution:
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Ahmedabad. All disputes will be subject to arbitration at Ahmedabad in English by a sole arbitrator appointed by IOTA Diagnostic under the Arbitration and Conciliation Act, 1996.
Survival:
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Severability:
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver:
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by IOTA Diagnostic. Any consent by IOTA Diagnostic to, or a waiver by IOTA Diagnostic of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Contact Information:
If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact at support@iotadiagnostic.com. If any User(s) has any questions concerning IOTA Diagnostic, the Website, these Terms of Use, or anything related to any of the foregoing, IOTA Diagnostic can be reached at the following email address – support@iotadiagnostic.com or via the contact information available from the following – Contact Us.
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