These terms of use (this "Agreement")
set forth the standards of use of pololabs.in, the mobile app of Polo Labs and
all of its associated pages and websites (collectively referred to as “Websites”)
The words "You"
or "User" "Your" as used herein refer to all individuals
accessing or using the Website for any reason.
By using the Website, You
represent that you have read and agree to be bound by the terms of this
Agreement, as well as any other guidelines, privacy policy, rules and additional
terms referenced herein, collectively referred to as "Terms of Use".
These Terms of Use set out the legally binding terms with respect to your
access and use of the Website and our provision of the Services (as defined
below).
Please read these Terms of
Use carefully. Your access to Website and/or use of the Service constitutes
your acceptance of all the provisions of these Terms of Use. If you are
unwilling to be bound by these Terms of Use, do not access Website and/or use
the Service.
1. DEFINITIONS AND
INTERPRETATIONS
I.
Definitions"Account"
means the account successfully opened by the User on the Company's Website by
inserting information such as name, age, sex, contact details, user name,
password as required to be filled in the webpage during the registration
process and includes any further changes and additions to the information from
time to time.
"Company"
means Polo Labs Pvt. Ltd. or any of its assignee, incorporated under the
Companies Act, 1956.
"Customer"
means any User who accesses the Website completes the registration according to
clause 6.
"E-Health
Packages" means the exclusive and customized health diagnostic packages
being offered by the Company and any such other packages which the Company may
be introduced from time to time through web portal .
"Fee"
means the price prescribed by the Company for the E- Health Packages/Services
as notified on its Website from time to time.
"Home
Service" means the facility provided by the Company to facilitate sample
collection at the Customer's door step.
"Order
ID" means the unique identification identity allotted to a Customer upon
placing a request for booking the Services/E-Health Packages.
"Registration
Process" means the entire process which a Customer/User undergoes while
registering himself on the Website in accordance with clause 6.
"Services"
means the services as mentioned in clause 3.2.
"User"
means any person who accesses the Website.
II.
InterpretationIn
this Agreement, unless the context otherwise requires references to recitals,
clauses and sub-clauses are to recitals, clauses and sub-clauses of this
Agreement; headings are inserted for ease of reference only and are not to be
used to define, interpret or limit any of the provisions of this Agreement;
references to the singular number shall include references to the plural number
and vice versa; words denoting one gender include all genders; any reference in
this Agreement to a statutory provision includes that provision and any
regulation made in pursuance thereof, as from time to time modified or
re-enacted, whether before or after the date of this Agreement; and any
reference to a time limit in this Agreement means the time limit set out in the
relevant clause or sub-clause or such other time limit which may be mutually
agreed by the parties in writing.
2.
ELIGIBILITY
I.
You,
if an individual, must be 18 or above, or the legal age to form a binding
contract in your jurisdiction if that age is greater than 18 years of age, be a
member or use the Website and Services. Membership or use of this Website is
void where prohibited by applicable law, and the right to access the Website
will be deemed to be revoked in such jurisdictions ab initio. By using the
Website and/or the Services, You represent and warrant that You have the right,
authority, and capacity to enter into these Terms of Use and to abide by all of
the terms and conditions set forth herein. You also represent and warrant to
the Company that You will use Website in a manner consistent with any and all
applicable laws and regulations.
3.
SERVICES
I.
The
use of this Website entitles the User, whether a User or a Customer, to avail
certain services as provided in the following clauses ("Services")
and interpretation of the term "Services" shall be done accordingly
depending upon the context.
II.
The Users
are entitled to the following Services:
I.
If
You have not completed the registration as per clause 6, You are entitled to
view the snapshots of various E-Health Packages or other offers being offered
on the Website. e.g. customer feedback forms, etc.
II.
If
You have completed the registration as per clause 6, on the payment of Fee, You
are entitled:
I.
to
view the snapshots of various E-Health Packages or other offers being offered
on the Website;
II.
to
book one or more tests, E-Health Package/s or other offers;
III.
to
opt for Home Service (if available at that period of time) wherein the Company
shall send its representatives to your door step for the sample collection or
You may visit the nearest centre (at which the service is currently available)
of the Company to give the sample. However, You shall have to visit the
designated test centers/ laboratories if the Company requires You to do so;
IV.
to
receive email/sms/phone calls/letters which shall provide You with the Order
ID, the E-Health Package's details and the other details;
V.
to
receive the test reports within the suggested time.
III.
The
Customer is required to carry a photo-identification card, and Order ID or the
transaction number at the time of visit to the Lab or when availing Home
Service.
IV.
The
Company may put further terms and conditions with every E-Health Package or
Services and in case of any conflict with the Terms of Use or Privacy Policy,
the term and conditions put specifically with the E-Heath Package shall
prevail.
V.
The
Company reserves the right to change the nature of Services as mentioned in
clause 3.2 at its sole discretion. Such change may be notified to the
User/Customer by publishing the same on the Website.
4. RESTRICTIONS ON USE
I.
You
shall not use the Website in order to transmit, distribute, store or destroy
material, including without limitation content provided by the Company:
I.
for
any unlawful purpose or in violation of any applicable law, regulation,
international law or laws of any other country; or
II.
in a
manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or
other personal rights of others, or
III.
that
is defamatory, libelous, obscene, threatening, abusive or is offensive to users
of the Website, such as content or messages that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual; or
IV.
that
is false or misleading; or
V.
that
harasses or advocates harassment of another person.
II.
You
are also prohibited from violating or attempting to violate the security of the
Website, including, without limitation the following activities: (a) accessing
data not intended for You or logging into a server or account which You are not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to Website, overloading, "flooding", "spamming", "mail
bombing", "hacking" or "crashing"; or (d) forging any
TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result in civil
or criminal liability.
III.
Specific
Restrictions on Rights to Use: In addition to the above, You shall not:
I.
modify,
adapt, translate, or reverse engineer any portion of the Website and/or
Services;
II.
remove
any copyright, trademark or other proprietary rights notices contained in or on
the Website and/or Service;
III.
use
any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of the Website and/or Service or for crawling the
Website and scraping content or to circumvent the technological methods adopted
by the Website to prevent such prohibited use;
IV.
reformat
or frame any portion of the web pages that are part of the Website and/or
Service;
V.
create
user accounts by automated means or under false or fraudulent pretences;
VI.
create
or transmit unwanted electronic communications such as "spam" to
other users/customers of the Website and/or Service or otherwise interfere with
other User's or Customer's enjoyment of the Website and/or Service;
VII.
submit
any content or material that falsely express or imply that such content or
material is sponsored or endorsed by the Company or the Website;
VIII.
transmit
any viruses, worms, defects, Trojan horses or other items of a destructive
nature;
IX.
make
use of the Website or Services to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store illegal
material including that are deemed threatening or obscene;
X.
copy
or store any content offered on the Website for other than Your own use;
XI.
take
any action that imposes, or may impose in our sole discretion, an unreasonable
or disproportionately large load on the Company's IT infrastructure;
5. REMEDIES WITH THE
COMPANY
I.
You
understand and agree that the Company or the Website may review any content and
in case the Company finds, in its sole discretion, that the User violates any
terms of this Agreement especially clause 4, the Company and/or the Website
reserves the right to take actions to prevent/control such violation including
without limitation, removing the offending communication or content from the
Website and/or terminating the membership of such violators and/or blocking
their use of the Website and/or Service.
II.
The
Company shall also be entitled to investigate occurrences which may involve
such violations and may and take appropriate legal action, involve and
cooperate with law enforcement authorities in prosecuting Users/Customers who
are involved in such violations.
6.
REGISTRATION PROCESS
I.
The
User to be entitled to avail the Services shall have to complete the
registration process ("Registration Process") as provided below:
I.
The
Registration Process involves the creating of a login id by the User in
accordance with clause 3.2.2.
II.
Registration
is mandatory for the Customers and requires them to provide certain basic
information about themselves such as name, age, sex, email address, billing
address, collection address, zip/postal code and phone number and accordingly
create an Account.
II.
Only
after completing the Registration Process, the Users become Customers and
become entitled to avail the Services as mentioned in the Clause 3.2, subject
to payment of the Fee.
III.
The
Customers understand and agree that the Company may screen and verify the
information provided by the Customer/User and at its sole discretion, increase
the amount or number of information for the Registration Process and may ask
for further information even after Registration Process. The Company may in its
sole discretion, close the Account, if any information provided is found to be
false or the information provided is not sufficient.
7. PAYMENT
I.
The
Company shall endeavour to provide the Customer with facilities/gateways to pay
the Fee through credit cards (American Express, visa and mastercard), debit
cards, cash cards and internet banking.
II.
It is
understood and agreed by the User/Customer that the Services shall only
commence after realization of money in the accounts of the Company incase
online payment is being opted for by them.
III.
It is
understood and agreed by the User/Customer that payment mechanisms may be
governed by separate/additional terms of use prescribed by the Company.
IV.
The
Company reserves the right to refuse or cancel any order placed for a
product/package that is listed at an incorrect price. This shall be regardless
of whether the order has been confirmed and/or payment been levied via credit
card. In the event the payment has been processed by the Company, the same
shall be credited to your credit card account within 7-14 working days and duly
notified to you by email. Once the order has been placed and in case You wish
to cancel/modify the same You may do so subject to cancellation/modification
charges as prescribed.
V.
It is
understood and agreed by the User/Customer that payment mechanisms may be
governed by separate agreements between the third parties who provide
facilities for such payment mechanism and the Company.
VI.
It is
understood and agreed by the User/Customer that in no event whatsoever, the
Company shall take any responsibility or liability for malfunctioning or defect
in any payment procedure. Payment of the Price shall be the sole responsibility
of the User/Customer.
VII.
The
Company reserves the right to charge listing fees for certain listings, as well
as transaction fees based on certain completed transactions using the Services
through the Website or any other fee. The Company further reserves the right to
alter any and all fees from time to time, without notice.
VIII.
The
User/Customer may be liable to pay all applicable charges, fees, duties, taxes,
levies and assessments for availing the Services through the Website. Further,
the Company reserves the right o change the Fees upon its sole discretion
without any prior notice to the Customers/Users.
8. REFUND AND CANCELLATION
POLICY
I.
The
E-Health Package is valid for the 10 days from the time and date of invoice
generation. After 10 days, the Customer shall not be entitled to claim for
Services and the company shall have the right to forfeit the fees already paid
in such a case.
II.
Cancellation
shall be acceptable only if the Customer informs the Company within 72 hours
from the time of booking. The Customer can contact us through e-mail id, info@pololabs.in in case of cancellation
and refund.
III.
The
refund amount will be sent to the respective debit card/credit card/account
from where payment was made and amount will not be refundable by any other
mode.
9.
DELIVERY
I.
The
Company shall endeavour to release the test report/s to the Customer if so
opted for by him/her within [ten] working days, unless
it is required otherwise. Please allow the minimum time required for processing
as specified for the test. Time taken during transit/shipping in case it is
delivered by courier is extra to the processing time. Delivery shall be made in
the course of the day, and the Customer agrees to refrain from requesting for
deliveries at very early or late hours of the day. If the customer has made
partial payment against the desired services to be availed, in such circumstances,
the company may not be able to release the test reports due
administrative/technical reasons.
II.
The
Customer/s may also collect the reports by hand during working hours on the
date mentioned on the receipt from the designated collection centre/branch of
the Company.
III.
The
test reports may also be displayed on the Website within the prescribed period
and You may track the same by entering your Order ID and authenticating
yourself with an One Time Password sent on your registered mobile number with
us.
10. MODIFICATION OF TERMS
OF USE
I.
You
understand and agree that these Terms of Use, the Website and the Services can
be modified by the Company at its sole discretion, at any time without prior
notice, and such modifications will be effective upon such new terms and/or
upon implementation of the new changes on the Website. You agree to review the
Terms of Use periodically so that you are aware of any such modifications and
the Company shall not be liable for any loss suffered by You on your failure to
review such modified Terms of Use. Unless expressly stated otherwise, any new
features, new services, enhancements or modifications to the Website or Service
implemented after your initial access of Website or use of the Service shall be
subject to these Terms of Use.
11. MAINTENANCE
I.
The
Company may at its sole discretion and without assigning any reason whatsoever
at any time deactivate or/and suspend the User's/Customer's access to the
Website and/or the Services (as the case may be) without giving any prior notice,
to carry out system maintenance or/and upgrading or/and testing or/and repairs
or/and other related work. Without prejudice to any other provisions of this
Agreement, the Company shall not be liable to indemnify the User for any loss
or/and damage or/and costs or/and expense that the User may suffer or incur,
and no fees or/and charges payable by the User to the Company shall be deducted
or refunded or rebated, as a result of such deactivation or/and suspension.
12. TERM AND TERMINATION
I.
These
Terms of Use, with modifications as contemplated, shall remain in full force
and effect during the user of the Website for all Users.
II.
For
Customers, the Terms of Use shall commence from the time the Registration
Process is concluded as per clause 6 of this Agreement and shall be valid until
terminated as provided below or till the time the Account is maintained.
III.
The
Company may terminate this Agreement with immediate effect, without prior
notice and without assigning any reason/s whatsoever and without any prejudice
to any/all other rights in the following events:
I.
where
the Account remains unused for a period of six months or more; or
II.
if in
the opinion of the Company, the User has breached any of the terms and
conditions of this Agreement or/and the Terms of Use; or
III.
if,
in the opinion of the Company or/and any regulatory authority, it is not in the
public interest to continue providing the use or Service to the User for any
reason.
13. LIABILITIES UPON
TERMINATION
I.
If
the Terms of Use is terminated pursuant to clauses set out in clause 12 above,
without prejudice to any other remedies available to the Company, You shall not
be refunded whether a part or whole of the Fee.
14.
OWNERSHIP
I.
Any
material, content or logos, marks, software on or part of the Website and all
aspects thereof, including all copyrights and other intellectual property or
proprietary rights therein, is owned by the Company or its licensors. You
acknowledge that the Website and any underlying technology or software on the
Website or used in connection with rendering the Services are proprietary
information owned or duly licensed to the Company, except where it is indicated
otherwise. You are prohibited to modify, reproduce, distribute, create
derivative works of, publicly display or in any way exploit, any of the
content, software, marks, logos, and/or materials available on the Website in
whole or in part except as expressly allowed under the Terms of Use. You have
no other express or implied rights to use, in any manner whatsoever, the content,
software, marks, logos, and/or materials available on the Website.
15. COPYRIGHT DISPUTE
POLICY
I.
The
Company has adopted the following general policy towards copyright
infringement.
II.
If
the Company believes in good faith any material on its Website has been
illegally copied or is posted, uploaded or made accessible through the Website
or Services and distributed by any advertisers, its affiliates, content
providers, members or Users; it shall send an Infringement Notice and remove
and discontinue Services to offenders.
III.
If
despite the Infringement Notice, the offender does not take the requisite
steps, the Company shall have the right to proceed against the offender by
filing a suit in the appropriate court of law on ground of such infringement.
16.
DISCLAIMER
I.
THE
WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS THE COMPANY
AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE,
PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS AND
AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE COMPANY
IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE COMPANY
DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR
FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES
OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY ANY USER FROM THE COMPANY, THE WEBSITE OR THROUGH OR FROM THE
SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
II.
ALL
THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO
NOT CONSTITUTE ANY MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR
REFRAINING FROM MAKING) ANY DECISION. ALTHOUGH THE LABORATORY PROVIDES THE
LARGEST SINGLE SOURCE OF OBJECTIVE, SCIENTIFIC DATA ON PATIENT STATUS, IT IS
ONLY ONE PART OF A COMPLEX BIOLOGICAL PICTURE OF HEALTH OR DISEASE. AS
PROFESSIONAL CLINICAL LABORATORY SCIENTISTS, OUR GOAL IS TO ASSIST YOU IN
UNDERSTANDING THE PURPOSE OF LABORATORY TESTS AND THE GENERAL MEANING OF YOUR
LABORATORY RESULTS.IT IS IMPORTANT THAT YOU COMMUNICATE WITH YOUR PHYSICIAN SO
THAT TOGETHER YOU CAN INTEGRATE THE PERTINENT INFORMATION, SUCH AS AGE,
ETHNICITY, HEALTH HISTORY, SIGNS AND SYMPTOMS, LABORATORY AND OTHER PROCEDURES
(RADIOLOGY, ENDOSCOPY, ETC.), TO DETERMINE YOUR HEALTH STATUS. THE INFORMATION
PROVIDED THROUGH THIS SERVICE IS NOT INTENDED TO SUBSTITUTE FOR SUCH
CONSULTATIONS WITH YOUR PHYSICIAN NOR MEDICAL ADVICE SPECIFIC TO YOUR HEALTH
CONDITION. DISCLAIM ANY LIABILITY ARISING OUT OF YOUR USE OF THIS SERVICE OR FOR
ANY ADVERSE OUTCOME FROM YOUR USE OF THE INFORMATION PROVIDED BY THIS SERVICE
FOR ANY REASON, INCLUDING BUT NOT LIMITED TO ANY MISUNDERSTANDING OR
MISINTERPRETATION OF THE INFORMATION PROVIDED THROUGH THIS SERVICE.ANY SPECIFIC
ADVICE OR OPINION IN ANY PART OF THE REPORT IS/ARE THE PERSONAL OPINION OF SUCH
EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER
IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS/CUSTOMERS TO PROVIDE ANY
INFORMATION AND/OR DISCLOSE TRUE AND CORRECT INFORMATION ABOUT THEIR MEDICAL
HISTORY AT THE TIME OF SUBSCRIBING FOR THE SERVICES AND THE COMPANY DOES NOT
TAKE ANY RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OR TRUTH OF THE REPORT
POSTED ON THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE ON THIS ACCOUNT BASED
ON ANY INCORRECT/FASLE INFORMATION HAVING BEEN PROVIDED BY THE UER/CUSTOMER.
III.
SINCE
THE COMPANY ACTS ONLY AS A SERVICE PORTAL FOR THE USERS/CUSTOMERS, IT SHALL NOT
HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE PAYMENT BETWEEN THE THIRD
PARTY AND THE CUSTOMER/USER.
IV.
IN NO
EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR
ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (C) ANY OTHER MATTER RELATING
TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS WHATSOEVER
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WEBSITE.
V.
NEITHER
SHALL THE COMPANY BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE
WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF
ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON
BEYOND THE COMPANY'S CONTROL. THE USER/CUSTOMER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS
DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
VI.
THESE
LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO
WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY,
(C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION
AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
17. LIMITATION ON
LIABILITY
I.
The
Company shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond the Company's
reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including "line-noise"
interference). WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES
AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF
PROFITS, SERVICE INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
18. INDEMNITY
I.
You
agree to indemnify and hold the Company, its parents, subsidiaries, affiliates,
officers and employees, harmless, including costs and attorneys' fees, from any
claim or demand made by any third party due to or arising out of (i) your
access to the Website, (ii) your use of the Services, (iii) the violation of
these Terms of Use by You, or (iv) the infringement by You, or any third party
using Your account or User ID or password, of any intellectual property or
other right of any person or entity.
19.
PRIVACY
I.
Use
of the Website and/or the Services is also governed by our Privacy Policy.
20. CONFIDENTIALITY
I.
For
the purpose of this Agreement and attachments thereto and all renewals,
"Confidential Information" means all information (including any
information relating to the Account, username or password etc.), methods
developed for analysis, examination and verification and other such details (the
"Disclosing Party") or, which may be supplied to or may otherwise
come into the possession of the other (the "Receiving Party"),
whether orally or in writing or in any other form, and which is confidential or
proprietary in nature or otherwise expressed by the Disclosing Party to be
confidential and is not generally available to the public.
II.
The
Receiving Party shall keep confidential and secret and not disclose to any
third party the Confidential Information or any part of it. The Receiving Party
agrees to take all possible precautions with regard to protecting Confidential
Information from any third party.
III.
Further
no use, reproduction, transformation or storage of the Confidential Information
shall be made by the User without the prior written permission of the Company,
except where required to be disclosed pursuant to any applicable law or legal
process issued by any court or the rules of any competent regulatory body.
IV.
All
information and data submitted by the User shall become the property of the
Company and all such information shall be disclosed in accordance with the
Terms of Use. Notwithstanding anything contained in the Terms of Use, the
User/Customer gives his unconditional consent to the Company that it may sell
or license or permit third parties to use such data or information, on payment
of consideration or otherwise.
V.
The
User has access to only his own data and information stored in the database at
Website (subject to prior confirmation of identity) and nothing more. The User
may edit or amend such data and information from time to time, if Company
provides such an option.
VI.
All
Confidential Information (including name, e-mail address etc.) voluntarily
revealed by the User in chat and bulletin board areas, is done at the sole
discretion and risk of the User. The Company shall not be responsible for
misuse of any such information, collected by a third party, or any unsolicited
messages from such third parties.
VII.
If
the User is neither a genuine Customer nor an intended recipient and are using
or accessing the Website to gain Confidential Information and if such an User
has obtained access to the Confidential Information, it shall be a breach of
this Agreement and shall be kept absolutely confidential. Any use or divulgence
of such Confidential Information by such User, shall entitle the Company to
inquire and investigate and seek legal remedy against such User including to
seek temporary and permanent injunction.
21.
MISCELLANEOUS
I.
Governing
law and Dispute Resolution- This Agreement and Terms of Use shall be governed
by and constructed in accordance with the laws of India only without reference
to conflict of laws principles and all disputes arising in relation hereto
shall be subject to the exclusive jurisdiction of the courts of Chandigarh, India.
II.
Assignability
-The Company may assign any of its responsibilities/obligations to any other
Person without notice to the User, at its sole discretion. However, You shall
not assign, sub-licence or otherwise transfer any of your rights under these
Terms of Use to any other party, unless a written consent is taken from the
Company.
III.
Severability
- If any provision of these Terms of Use is found to be invalid, the invalidity
of that provision will not affect the validity of the remaining provisions of
the Terms of Use, which shall remain in full force and effect.
IV.
Waiver
- Failure by the Company to exercise any right or remedy under these Terms of
Use does not constitute a waiver of that right or remedy.
V.
Force
Majeure - The Company is not liable for failure to perform any of its
obligations if such failure is as a result of Acts of God (including fire,
flood, earthquake, storm, hurricane or other natural disaster), war, invasion,
act of foreign enemies, hostilities (regardless of whether war is declared),
civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalisation, government sanction,
blockage, embargo, labor dispute, strike, bandh, lockout or any interruption or
any failure of electricity or server, system, computer, internet or telephone
service.
VI.
Grievance
Redressal: The Company shall endeavour to address grievance or complaints of
the Users to the extent possible. Towards this the Company is committed to form
a Grievance Redressal Cell, which can be reached on the telephone number as
mentioned in the Website or may mail to info@pololabs.in
VII.
Links
to third party sites
I.
The
Website may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of the Company or the Website and the
Company is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. The Company is not responsible for any form of
transmission, whatsoever, received by the User from any Linked Site. The
Company is providing these links to the User only as a convenience, and the
inclusion of any link does not imply endorsement by the Company or the Website
of the Linked Sites or any association with its operators or owners including
the legal heirs or assigns thereof.
II.
The
Company is not responsible for any errors, omissions or representations on any
Linked Site. The Company does not endorse any advertiser on any Linked Site in
any manner. The Users are requested to verify the accuracy of all information
on their own before undertaking any reliance on such information.
22. Communication with the
Customers/Users
When you visit the Website
or use it to send emails/SMS, provide information or communicate to us, You
understand and agree that you are communicating with us through electronic
records. You hereby provide your consent to receive communications via
electronic records from us periodically or as and when required. Further, you
allow us to communicate with you through email or by such other mode of
communication, electronic or otherwise as the need may be.
These "Terms of
Use" and "Privacy Policy" of the Website constitute a binding
agreement between You and the Company, and is accepted by You upon your use of
the Website.