Terms and conditions
Please read these Terms and Conditions (“Terms and Conditions”) before using the Website. These Terms and Conditions set forth the standards of use of the Website and Use of Services.
This website i.e. ‘negendiagnostics.com’ (“Website”) is owned, managed, and operated by Negen Diagnostics Private Limited. Any reference to the words “You” or “Your” as used herein refer to the person(s) accessing or using the Website for any purpose and includes any employee(s), agent(s) of the person(s) accessing and using this Website to avail the Services and any reference to the Company includes its affiliates.
- ACCEPTANCE OF TERMS
By using the Website and accepting the privacy policy you accept that you have read and agreed to be bound by these Terms of Use, as well as rules, privacy policy, and any additional terms referred to herein. Your access to the Website and/or use of the Services constitute your acceptance of all the provisions of these Terms of Use. If You disagree with any part of these Terms of Use, you may not access or otherwise use this Website in any manner.
2. USER REGISTRATION AND ACCOUNTS
By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into a contract with the Company in respect of the Services being offered by the Company and to abide by all of the terms and conditions set forth herein. In particular: –
• You accept financial responsibility for all transactions made under your name or account.
• You are 18 years of age or over and have the legal capacity to enter into a contract to form the binding contract.
• You represent and warrant to the Company that you will use the website in a manner consistent with all the applicable rules and regulations.
To avail of the Services, you will be required to register on the Website by following the registration process as mentioned below:
• Create Your Account by choosing a ‘Username’ and ‘Password’.
• Fill Your basic information such as name, age, sex, e-mail address, billing address, collection address, zip/postal code, and phone number. You warrant that all information you provide about yourself or anyone else shall be true and accurate. In case, any of the information provided by you is found to be false or inaccurate, the Company may in its sole discretion, block/remove your account.
• On completion of the registration process, you will become entitled to avail the Services being offered by the Company, subject to payment of the Fee.
3. USE OF SERVICES
• The term “Services” means and includes the following NEGEN DIAGNOSTICS tests/health packages provided by the Company at its most advanced state-of-the-art testing facilities.
• The use of the Website entitles you to avail of the Services (subject to completion of the registration process) in the following manner:
• To view the test/health package(s) being offered on the Website and book the test/health package(s) that suit your requirements.
Select any of the options i.e.
• Visiting any of our testing facilities to give a sample or
• Home Service (if available, at the nearest testing facility) in which case the Company shall send its representative(s) to your home for collection of the sample.
•After the collection of your sample, you will receive your order ID and other details by e-mail on your registered e-mail ID or by SMS/WhatsApp on your registered mobile number.
Once your test report is ready, you will receive a link to download your test report by e-mail on your registered e-mail ID or by SMS/WhatsApp on your registered mobile number.
• The Services are non-transferable i.e. only the person in whose name the test/health package(s) is assigned at the time of booking will be eligible to avail of the Services.
• For availing the Services, booking is to be done at least a day in advance before 8 p.m. on a business day. In case a booking is made after 8 pm on a business day, our call centre will give a callback and schedule your appointment.
• You are required to carry a photo-identification card and Your Order ID at the time of the visit to the testing facility or at the time of availing Home Service.
• You will be required to follow strictly the instructions/guidelines that are provided by the Company on its Website before giving a sample for the test/health package(s).
The Company reserves the right to change the nature of Services as mentioned in the clause at its sole discretion and by notifying the same on the Website.
You should take all responsibility for your actions in availing the Services through use of the Website and Negen Diagnostics shall not be liable for any such action.
Notwithstanding anything to the contrary contained elsewhere herein, you represent that you are not a person barred from receiving the Services under the laws as applicable in India.
• You confirm and acknowledge that Negen Diagnostics Private Limited shall not be liable or responsible for any deficiency in payment of consideration payable towards the Services booked by you through the use of the Website. In case of any deficiency in payment of consideration by you, Negen Diagnostics Private Limited is not bound to provide YOU with a Test report.
• Negen Diagnostics shall not offer any refund against the Services already booked through the use of the Website unless any error has occurred during the booking of Services.
- INTELLECTUAL PROPERTY AND OWNERSHIP
All rights, title, and interest in and to the Website, all the content, code, data, and materials thereon, the look and feel design, and organization of the Website, and the compilation of the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), and other materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights and other intellectual property and proprietary rights therein is owned solely and exclusively by the Company. Your use of the Website does not grant you ownership of any content, code, data, or materials you may access on the Website. Any commercial use or exploitation of the Website is strictly prohibited. The material may only be used for your personal use for non-commercial purposes. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display, or in any way exploit, any of the content, code, data, marks, and/or other materials available on the Website in whole or in part.
5. CONFIDENTIALITY
1. For this Agreement, “Confidential Information” means all non-public information disclosed by a Party or its employees, agents, or contractors (collectively, the “Disclosing Party”) to the other Party, its Affiliates its employees, agents, or contractors (collectively, the “Receiving Party”) that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes about the Company, non-public information relating to the Company’s technology, methods, processes, customers, business plans, business and operating processes, promotional and marketing activities, finances, and other business affairs, etc., and about you, the personal information disclosed by you while making a booking and the information relating to your account, username or password, and your test report(s).
2. The Receiving Party will, at all times maintain, and cause its agents, employees, contractors, and Affiliates to maintain the confidentiality of all Confidential Information belonging to the Disclosing Party. The Receiving Party will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of Confidential Information by it or any third party. The Receiving Party will not use the Confidential Information of the Disclosing Party for any purpose whatsoever other than those specifically set forth herein.
3. The obligations set forth in Clause 6.2 do not apply if and to the extent the Receiving Party establishes that:
(a) the Confidential Information disclosed to the Receiving Party was already known to the Receiving Party, without obligation to keep it confidential;
(b) the Receiving Party received the Confidential Information in good faith and without restriction from a third party lawfully in possession thereof without obligation to keep such Information confidential;
(c) the Confidential Information was publicly known at the time of its receipt by the Receiving Party or has become publicly known other than by a breach of this Agreement;
(d) the Confidential Information is independently developed by the Receiving Party without use of the other Party’s Confidential Information; or
(e) the Confidential Information is disclosed by the Receiving Party to a third Party, with the prior written approval of the Disclosing Party
(f) the Confidential Information is required to be disclosed by Applicable Law or by judicial or administrative process.
- RESTRICTIONS ON THE USE OF THE WEBSITE
You will use the Website in a manner consistent with any applicable laws and regulations.
- Age Restriction: Specify that users must be of a certain age to use the website, such as 18 years old or the age of majority in their jurisdiction.
- Lawful Use: Require users to use the website and its services in compliance with all applicable laws and regulations.
- Prohibited Activities: Activities that are not allowed on the website, such as:
- Posting false or misleading information.
- Harassing, threatening, or harming other users.
- Uploading viruses or other malicious code.
- Violating the intellectual property rights of others.
- Unauthorized Access: Users are prohibited from attempting to access areas of the website or data that they are not authorized to access.
- Commercial Use: Commercial use of the website is strictly not allowed.
- Multiple Accounts: Users are not allowed to create multiple accounts.
- Data Mining: Users are not allowed to collect data from the website by using automated means such as bots, etc,.
- Impersonation: Users are prohibited from impersonating others and misrepresenting their affiliation with any person or entity.
- Modification of Content: Users are prohibited from modifying, adapting, translating, or reverse-engineering any part of the website.
- Resale of Services: Users are prohibited from reselling or sublicensing any services or information obtained from the website.
7. INDEMNIFICATION
Direct Damages – If any Party breaches these Terms of Use, in addition to any other remedies provided under these Terms of Use or Applicable Law, the non-breaching Party will be entitled to recover from the breaching Party only the actual and direct damages that the non-breaching Party incurs on account of such breach.
Indirect Damages – Notwithstanding any other provision contained in these terms of use, in no event will either party, a party’s direct or indirect affiliates, agents, suppliers, employees, or representatives be liable for
(i) any indirect, incidental, special, punitive, exemplary or consequential damages of any kind in connection with or arising out of use of the website or services or
(ii) any costs, expenses, expenditures, investments or other commitments made in reliance upon or otherwise in connection with or arising out of use of the website or the services, under any Statute or Equity.
8. MODIFICATION OF WEBSITE AND TERMS OF USE
The Company reserves the right, at its sole discretion and at any time, to modify the Website, the Terms of Use, and the Services offered by the Company. Further, such modifications will take effect from the respective dates of posting of such modifications. You agree to review the Terms of Use every time you use the Website. Your use of the Website and/or the Services offered on or through the Website subsequent to any modification to these Terms of Use will be considered acceptance of those changes by you.
9. FORCE MAJEURE
Notwithstanding anything contained herein, the Company will not be liable for failure to perform or delay in performing any of its obligations and functions hereunder to the extent that such failure or delay is due to fire, flood, earthquake, storm, hurricane or another natural disaster, the act of foreign enemies strike, war (declared or undeclared), embargo, terrorist activities, nationalization, government sanction, blockage, labor dispute, lockdown, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other similar cause which includes any irresistible force and are beyond the reasonable control of the Company (“Force Majeure Event”) or any other break down, or interruption of electricity or any server, system, computer, internet or telephone service.
10. TERM AND TERMINATION
1 These Terms of Use shall become effective for You, immediately after Your registration process is completed and shall remain valid till your Account remains active.
2. The Company reserves its rights to terminate Your Account at any time in the following circumstances:
a. where Your Account remains unused for six months or more; or
b. if in the opinion of the Company, You have breached any of the terms and conditions of the Use of Website or Services.
3 Notwithstanding termination of Your Account, all clause(s) hereunder, which by its nature are expected to survive, shall continue to remain binding on you even after termination of Your Account.
11. CONSEQUENCES AND LIABILITIES UPON TERMINATION
If Your Account is terminated on account of breach of any of the terms and conditions of the Use of Website or Services, then without prejudice to any other remedies available to the Company
12. GOVERNING LAW AND JURISDICTION
The validity, construction, and enforceability of these Terms of Use shall be governed in all respects by the Laws of India. The Parties hereto agree that in respect of any dispute arising upon, over, or in respect of any of the terms contained herein, only the Courts in Vijayawada/Hyderabad shall have jurisdiction to try and adjudicate such dispute to the exclusion of all other Courts.
13. DISPUTE RESOLUTION
If any dispute or difference shall arise between the Company and You relating to the Terms of Use of the Website or the Services or the rights or liabilities of the parties hereunder, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“the Dispute”) in this clause shall be determined as follows:
(a) A party claiming that a Dispute has arisen hereunder must give the other party written notice of the particulars of the Dispute.
(b) The parties shall first endeavour to settle such Disputes by mutual discussion. If the Dispute is not resolved within 30 days of the notice of Dispute, the same shall be referred to arbitration in accordance with the Arbitration & Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The place of arbitration shall be Vijayawada,NTR District, Andhra Pradesh. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitrator shall be final and conclusive and binding upon the parties.
(c) A party must not commence court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising hereunder unless it has complied with this clause.
14. MISCELLANEOUS
Assignment: The Company may, at any time and its sole discretion, assign any of its obligations to any other person without notice to You. However, you have no right to assign, sub-license, or otherwise transfer any of your rights hereunder to any other party, unless prior written approval is taken from the Company.
Severability: If any provision contained herein is held to be invalid or unenforceable or prohibited by law, such provision shall be inoperative but the remainder of these Terms of Use shall be valid and binding, as though such provision was not included herein.
Waiver: Any delay or omission on the part of any party to exercise any right, power, or remedy hereunder will not automatically operate as a waiver of such right, power, or remedy and no waiver will be effective unless it is in writing and signed by the waiving party. Further, the waiver or partial exercise of any right, power, or remedy by either party hereunder on one occasion will not be construed as a continuing waiver of such rights, power, or remedy on any other occasion.
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- 9542495425
- negendiagnostics@gmail.com
- Prakasam Rd, SuryaRao Pet Vijayawada
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