ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to uk.datarpgx.com. All information and services displayed on the uk.datarpgx.com website constitute an “invitation to offer”. Your request for availment constitutes your offer which shall be subject to the terms and conditions as listed below. All the terms and conditions form an Agreement regulating our relationship with regard to use of online transactions.
All the terms and conditions must be read very carefully. If you do not agree to any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legal binding agreement between you and DCG.
DEFINITIONS
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.
“User”/ “You” means and includes you and/or any person or an entity using or accessing the services provided on this Site.
“Site” means the online transaction platform owned and operated by DCG which provides a venue to the users of DCG to buy the products/services listed on uk.datarpgx.com
“Services” connotes Pay / Part Pay for the Forms that appears in our website i.e. uk.datarpgx.com where the user/ applicant can fill the form online and services promoted / displayed on the Site and offered for any use / sale.
“DCG” means Datar Cancer Genetics.
ELIGIBILITY
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE:
DCG may at any time modify the terms and conditions of the Service without any prior notification to you. You can access the latest version of the terms at any given time. You should regularly review the terms. In the event wherein the modified terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service, you agree to accept and abide by the modified terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes / revisions.
ELECTRONIC COMMUNICATION
When you visit uk.datarpgx.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CREDIT CARD DETAILS
To avail of and use our Services you will have to register with DCG with details of your information like email-id, name, mobile / telephone number, date of birth etc. and then you have the option to submit the form with online payment option. As a part of registration process you agree to provide credit card details etc. You agree, understand and confirm that the credit card details provided by you for availing of services offered by DCG will be correct and accurate, and you shall not use the credit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all contents / credit card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify DCG or its affiliates for all claims arising out of any content / credit card details that you post on the Site. You further agree and undertake to provide the correct and valid credit card details to DCG. DCG will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
You acknowledge and agree that DCG may preserve content and the said information will not be utilized and shared or disclosed by DCG with any third party unless required to do so by law or in good faith or honest belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, law, regulation or court order;
(b) enforce the Terms and Conditions of this agreement;
(c) respond to claims that any credit card details violate the rights of third-parties;
(d) respond to your requests for customer service.
REVISION OF CHARGES / SERVICES
DCG reserves a right to revise the fees or other charges, or withdraw / suspend / cancel / discontinue any or all of the services without prior notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice and at the sole discretion of DCG.
CANCELLATION / REFUND POLICY
Cancellation of Test is allowed only up to the receipt of sample at our facility by writing to us at [email protected]. In such a case we will refund any payments already made, after accounting the logistical/kit charges. Refund will be processed within 7-10 working days in the original mode of payment.
NON-DELIVERY OR LATE DELIVERY DUE TO MISTAKES OF USER
In case of non-delivery or late delivery of service, partially or entirely due to a mistake by the user (i.e. wrong / incomplete name / address or recipient not available), is chargeable to the user placing the request / using the form.
RELATIONSHIP
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and DCG and you shall have no authority to bind DCG in any manner, whatsoever.
DOWNLOAD BROCHURE + SAMPLE REPORT
On my request, Datar Cancer Genetics (DCG) has agreed to permit me to access and download a copy of the brochure and specimen Test Report on the following express conditions which I hereby declare are binding on me and also declare that but for such acceptance by me, DCG would not have permitted me to download and obtain printout of the said brochure and specimen report. I have read the Terms and Conditions set out below carefully and after full consideration and understanding of my responsibility, and the fact that the information is provided to me for my bona fide personal use and made available in ‘trust’, I subscribe to the same as under:
TERMS AND CONDITIONS
• I have correctly declared my true legal name in the information submitted at the time of my request.
• That I am a person above the age of 18 years and legally competent to enter into a lawful and binding contract.
• That I expressly recognize and do not dispute that DCG is the sole Copyright holder and Intellectual Property holder in respect of all contents in regard to the test procedure, the process of analysis, layout and contents of the Brochure / Report, the design and artwork and all such other intangible and intellectual property of DCG which is materially related to the said Report and I undertake not to infringe and/or prejudicially use and/or disclose to any third person the said information / report / material particulars to the prejudice of DCG.
• That I shall not directly or indirectly derive any commercial benefit from the said material so downloaded by me and/or any intellectual property related thereto.
• I recognize and declare that in case of breach of any of the aforesaid express covenants and all the implied duties of a trustee, DCG would be entitled to both monetary and injunctive reliefs against me and I consent to passing an injunctive order against me in the event of infringement / breach of the aforesaid undertakings and declarations.
• I solemnly declare as above.
GOVERNING LAW AND JURISDICTION
This agreement and the relationship between you and DCG shall be governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in England and Wales, in all disputes arising out of or relating to the use of the sites/services.
SETTLEMENT OF DISPUTES
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the first instance. Unresolved disputes or differences shall be referred to a Sole Arbitrator to be appointed/nominated by DCG. The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and any modifications thereon and rules made thereunder and the law governing the same shall be Indian Laws. The seat of arbitration shall be at England and Wales or at the sole discretion of the DCG.
FORCE MAJEURE
DCG shall have no liability to you for any interruption or delay in access to the Site and service irrespective of the nature of the cause.
WAIVER AND SEVERABILITY
The failure of DCG to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
INDEMNITY
You shall indemnify and hold harmless DCG and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.
ACCEPTANCE OF PRIVACY POLICY
By using DCG’s sites and services, you signify your acceptance of this “Privacy Statement” and “Terms and Conditions”. If you do not agree or are not comfortable with any policy / terms described in this document, your only remedy is to discontinue use of DCG sites. We reserve the right to modify this Privacy Statement at any time.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.