Our Expertise
We offer comprehensive genomics services, including genetic testing, research analysis, training, and counseling, with the goal of being your all-in-one genomics solution.
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This is an agreement between the user ("You", "Your" or "User") or the entity that You represent and Mediomix Diagnosis and Bioresearch Private Limited governing Your use of the Services provided by the Platforms.
This website https://mediomixdb.com and/or mobile application (the “Platforms”) are operated by Mediomix Diagnosis and Bioresearch Private Limited, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Rathi Legacy, Plot No.19/A, Ground Floor, B Side, Hoodi Main Road, Doddanekundi II Stage, Industrial Area, Bengaluru-560048. (hereinafter referred to as the “Company”, “We”, “Us” or “Our” where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Service set out the information, terms, and conditions governing Your access to and use of the Platforms and the services provided by us, including any purchases made through the Platform(s) or Our clinics
For the purpose of this Terms of Service (“Terms”), wherever the context so requires
1.1. "Business Day(s)" refers to any day Monday through Friday that is not a public holiday or a weekend (Saturday or Sunday) on which commercial banks are open for business in Bengaluru, India
1.2. “Consent Form” refers to the digital or physical document presented to the User during registration or Services initiation which outlines key terms regarding limitations and certain disclaimers.
1.3. “Services” refers to the genetic testing and related offerings provided by the Company, which include but are not limited to Deoxyribonucleic acid (DNA) sequencing, genotyping, and genomic analysis for purposes such as carrier screening, pharmacogenomics, or wellness-related insights. This definition also encompasses any additional diagnostic or laboratory tests offered by the Company, such as biochemical assays or microbiome analysis, along with associated result interpretation, consultations, and raw data provision where applicable. The Services may also cover re-testing or supplemental analysis under specified terms as well as any consultation services that may subscribed by You. However, the term explicitly excludes medical diagnosis, treatment, or therapeutic advice, as well as any Third Party services not directly provided by the Company.
1.4. "Third Party(ies)" refer to any platform, company, establishment, or individual apart from the User, and the creator of these Platforms.
2.1. Please read these Terms carefully before accessing or using our Platforms. By accessing or using the Platforms or Services, You acknowledge that You have read, understood, and agree to be bound by these Terms. Your continued use of the Platforms and/or Services constitutes Your explicit acceptance of these Terms and any modifications thereto. If You do not agree to these Terms, You must immediately cease all use of the Services and the Platforms. For avoidance of doubt any access to or use of the Platforms or Services, including browsing, registration, or interaction with its features, shall be considered unconditional acceptance of these Terms.
2.2. The use of the Platforms or Services by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”), and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use the Platforms or Services, You are agreeing to comply with and be bound by the following Terms and Policy.
2.3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Services that is provided by the Company, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User.
2.4. The headings of each clause in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either party to interpret the provisions contained herein in any manner.
2.5. Any Consent Form, agreements, or other documents electronically accepted or physically signed by You during registration or use of Our Services shall be deemed incorporated by reference into these Terms and Policy, forming a legally binding part of Your agreement with Us.
3.1. The Company reserves the right, at its sole discretion, to modify, amend, or update these Terms at any time without prior notice. Such changes shall become effective immediately upon posting the revised Terms on the Platforms or by notifying Users via email or other designated communication channels. It is Your responsibility to review these Terms periodically for any updates. Your continued use of the Services and Platforms following the posting of changes via our Platforms constitutes Your acceptance of such modifications. If You do not agree to the amended Terms, You must discontinue using the Services and the Platforms.
4.1. By using the Platforms and/or availing the Services, You represent and warrant that You have the right, authority, and capacity to agree with the Company policies in respect of the Services being offered and to abide by all of the conditions set forth herein.
4.1.1. You are responsible for all the transactions You make under Your name or account with Us.
4.1.2. You are at least 18 years of age and have the legal capacity and authority to enter into a binding contract under the laws of Your jurisdiction.
4.1.3. You signify and warrant to the Company that You will use the Services and the Platforms are in a manner dependable with all the pertinent rules and regulations.
4.2. Any use of or access to the Services or Platforms by a minor (i.e., a person below the age of 18) shall be deemed to occur with the express consent and supervision of their parent or legal guardian. By permitting such use, the guardian agrees to be bound by these Terms on behalf of the minor. The Company disclaims all responsibility for unauthorized use by minors and assumes no liability for any consequences arising from such use, including but not limited to data collection, interactions, or transactions conducted by the minor.
5.1. You agree to use the Platforms and Services solely for lawful and legitimate purposes in compliance with:
5.1.1. These Terms,
5.1.2. All applicable laws and regulations, and
5.1.3. Accepted standards of public conduct and decency.
5.2. You are expressly prohibit from using the Services and Platforms to:
5.2.1. Engage in illegal, fraudulent, deceptive, or harmful activities;
5.2.2. Infringe upon the rights (including intellectual property, privacy, or publicity rights) of others;
5.2.3. Transmit harmful or malicious content (e.g., viruses, spam, or malware);
5.2.4. Harass, defame, or threaten any individual or entity;
5.2.5. Misrepresent Your identity or affiliation with any person or organization; or
5.2.6. Disrupt or interfere with the security, functionality, or operation of the Services or Platforms.
5.3. The Company reserves the right to investigate, suspend, or terminate Your access if You violate this Clause.
6.1. Registration/ ordering kits
6.1.1. Account creation: Users may create a password protected account through the Platforms to access Our Services. You are responsible for maintaining confidentiality of Your login credentials and all activities conducted under Your account.
6.1.2. Registration: To avail the Services and place an order, You must provide (i) accurate personal data (i.e., name, date of birth, contact No., email id, address, etc.). All the data collected will be dealt in accordance with Our Policy.
6.1.3. Service selection: Users must select the specific service from the Services made available by the Company. Description of each service will be displayed during selection.
6.1.4. Payment and confirmation: Orders are finalised only upon successful payment processing via Our integrated payment gateways. An order confirmation (with invoice) will be made available in Your accounts and will be sent to Your registered e-mail id.
6.2. Collection of sample
6.2.1. Kit delivery: The Company will dispatch the sample collection kit and make best efforts to deliver the kit within the time slot displayed on the Platform at the time of placing the order.
6.2.2. Delivery attempts: Our logistics partner will make a maximum of (2) two delivery attempts. If the kit remains undelivered after two attempts, additional delivery fee may be imposed on the User.
6.2.3. Kit instructions: The Company shall provide instructions along with the kit. The User must follow the instruction provided therein for sample collection (e.g., swab method) precisely to ensure viability. The User shall also return the sample within the specified timeframe to prevent degradation. If You do not follow the instructions, this may result in the Company being unable to test your sample or report Your result.
6.3. The Company shall not be liable for delivery delays by postal or courier services, or loss of damage of samples in transit.
6.4. Transit
6.4.1. Pickup scheduling: For return pickup the User must select an available time slot through the Platforms and ensure that the sample is properly sealed and labelled before pickup. The User must be available during the scheduled window. Any missed pickups may incur additional rescheduling fees.
6.4.2. Delivery to Our labs: Our logistics partner shall then pickup the sample and deliver it to a place designated by Us.
6.5. The Company shall not be liable for delivery delays by postal or courier services, or loss of damage of samples in transit.
6.6. Personal Data. Subject to the type of Service requested, you may be required to provide the following information to the Company; (i) Your name; (ii) The unique registration number on your test kit; (iii) Your date of birth; (iv) Biological sex; (v) Your email address (it is very important that this is recorded correctly so that your results are sent to the right email address); (vi) Your telephone numbers; (vii) The date of Your sample collection; (viii) Your current address; (ix) Your nationality; (x) Your ethnicity; and (xi) Your country of residence. For more information on how we deal with Your personal data, please see Our Privacy Policy.
6.6.1. Where required by law, the test results and any personal data may be reported to health authorities. For more information please see Our Privacy Policy.
6.7. Processing
6.7.1. The Company, or its authorised laboratory partners will process the collected sample based on the specific genetic test(s) selected by the User. You hereby acknowledge that certain tests may require processing by specialised Third Party labs due to technical or regulatory requirements.
6.7.2. The processing of sample is subject to the limitations and disclaimers mentioned under these Terms.
8.1. The quality and viability of Your test results may be affected by:
8.1.1. Improper swab collection technique (e.g., insufficient cells, contamination);
8.1.2. Time delays between sample collection and Our lab processing;
8.1.3. Exposure to extreme temperatures during storage or transit; or
8.1.4. Improper storage conditions before receipt by Our lab.
8.2. Service quality and timelines may be impacted by:
8.2.1. Distance of travel to Our processing facilities;
8.2.2. Transit delays caused by carriers, customs, or weather events;
8.2.3. Limitations of shipping infrastructure in certain geographic regions; or
8.2.4. Unavoidable sample degradation during transport.
8.3. In addition to operational factors, Our Services are subject to all scientific limitations, including but not limited to:
8.3.1. Inherent technology limitations that may produce false positives/negatives.
8.3.2. Population biases in reference databases.
8.3.3. Variants of Uncertain Significance (VUS).
8.3.4. Evolving scientific understanding that may change result interpretation.
8.3.5. Non-assessment of epigenetic, environmental, or lifestyle factors.
8.4. We may be unable to provide Services due to:
8.4.1. Force majeure events (natural disasters, pandemics, etc.);
8.4.2. Regulatory changes affecting testing availability;
8.4.3. Equipment failures or technical malfunctions; or
8.4.4. Supply chain disruptions affecting testing materials.
8.5. Service quality depends on:
8.5.1. Accuracy of information provided by the User;
8.5.2. Compliance with sample collection instructions;
8.5.3. Timeliness of sample return; and
8.5.4. Provision of complete medical history where required.
8.6. The Company cannot guarantee:
8.6.1. Specific turnaround times due to the above variables.
8.6.2. Identical results from repeated tests.
8.6.3. Compatibility with Third Party interpretation services.
8.6.4. Continuous availability of all testing panels.
8.7. By using Our Services, You acknowledge that:
8.7.1. These limitations may affect Your results and experience.
8.7.2. Some factors are beyond Our reasonable control.
8.7.3. The Company's liability is limited as described in these Terms.
8.7.4. You have reviewed and understood Our disclaimer.
9.1. The estimated timelines for delivery of Services, processing, or any other milestones displayed on Our Platforms are provided for general reference only. These timelines:
9.1.1. are indicative and subject to factors beyond Our control including but not limited to Third Party service provider delays; logistics and shipping variables; technical requirements; force majeure events; User-provided information accuracy; or regulatory or compliance requirements.
9.1.2. do not constitute binding obligations on the Company. We make no guarantees regarding exact completion dates or delivery windows.
9.1.3. shall not be grounds for cancellation, refund claims, or penalties unless expressly guaranteed in writing by an authorized Company representative.
9.1.4. may be extended at Our sole discretion with notification to affected Users when reasonably practicable.
9.2. The Company reserves the right to modify any published timelines without prior notice. Users acknowledge that their sole remedy for timeline adjustments shall be continued access to the Services and Platforms, except where prohibited by applicable law.
9.3. This disclaimer applies to all time-sensitive communications including but not limited to estimated result delivery dates; kit processing timelines; customer support response times; or any other service-related duration claims.
10.1. Third Party Payment Gateways: The Platforms may integrate with Third Party payment gateways to process transactions. By using these services, You agree to comply with the respective payment gateway’s terms and conditions.
10.2. Storage of Payment Details: The Company does not store Your full payment card details. Any payment information retained (e.g., for refunds) will be handled in accordance with Our Privacy Policy and applicable laws.
10.3. Pricing & Taxes: Prices displayed on the Platforms are subject to change and may vary based on additional charges (e.g., shipping) and applicable taxes (GST, etc.). The final amount payable will be confirmed at checkout.
10.4. Invoice Generation: An invoice will be generated and shared with You only upon successful confirmation of payment.
10.5. Payment-Related Issues: Any disputes or issues regarding payments (e.g., failed transactions, refund delays) shall be governed by the terms of the respective payment gateway, and the Company shall not be liable for such matters.
10.6. Service Confirmation: Services will be initiated only after the Company receives confirmation of successful payment from the payment gateway.
10.7. Fraud Prevention: The Company is not responsible for payments made to fraudulent parties misrepresenting themselves as the Company. Always verify payment links/channels through official Company communications.
11.1. User-Initiated Cancellation:
11.1.1. You may cancel Your order for the Services only before the test kit is dispatched by Us. In such cases, 50% of the amount paid to avail such Services will be refunded to You within 6 Business Days from the date of cancellation.
11.1.2. Once the test kit has been dispatched, no cancellations or refunds will be permitted.
11.2. Company-Initiated Cancellation:
11.2.1. The Company reserves the right to cancel Your order or terminate Services without refund if:
(a) You violate these Terms or any applicable laws; or
(b) Engage in fraudulent activity or misuse of the Services is detected.
11.3. If the Company is unable to complete the Services due to unforeseen circumstances (e.g., technical failure, unavailability of resources), You will receive a full/partial refund of amount paid for such Services within [7-14] Business Days.
11.4. Refund Process:
11.4.1. Refunds will be credited to the original payment method or the User’s designated bank account within [7-14] Business Days.
11.4.2. If a bank transfer is required, You agree to provide accurate bank details (account number, IFSC, etc.) upon request to facilitate the refund.
12.1. Company may, at its sole discretion, issue promotional offers, discounts, or coupon codes ("Offers") from time to time. Such Offers shall be:
12.1.1. Time-bound (valid only for the specified period); and
12.1.2. Subject to availability, as determined by the Company.
12.2. Each Offer may carry its own specific terms and conditions ("Offer Terms"), including but not limited to:
12.2.1. Eligible products/Services;
12.2.2. Usage limits (e.g., one-time use per User);
12.2.3. Stacking rules;
12.2.4. Refund impact; and
12.2.4. Refund impact; and
12.2.5. Geographic or User-specific restrictions.
12.3. Such Offer Terms shall be read in conjunction with these Terms, and in case of any conflict, the Offer Terms shall prevail for matters related to the specific Offer.
12.4. By redeeming an Offer, You agree to:
12.4.1. Comply with all applicable Offer Terms;
12.4.2. Use the Offer only for its intended purpose (no resale, exchange, or fraudulent use permitted); and
12.4.3. Provide accurate information (e.g., valid payment details) to avail the benefit.
12.5. Company reserves the right to:
12.5.1. Modify, withdraw, or cancel any Offer without prior notice;
12.5.2. Invalidate Offers if fraud or misuse is suspected; and
12.5.3. Take legal action against abuse (e.g., unauthorized coupon distribution).
13.1. You should not use Our Services in an emergency, or if You have a condition that You know will require a physical examination. The Company specialises in wellbeing, we are not designed for acute emergency service.
13.2. The Company is not acute primary care service or an acute testing service and should not be used as a replacement for these services.
13.3. Genetic testing may not always be conclusive or fully accurate. The Company does not guarantee error-free, uninterrupted, or 100% accurate results due to inherent limitations in genomic science and technology.
13.4. This test is not intended to diagnose, treat, or prevent any medical condition. Clinical consultation with a healthcare professional or genetic counsellor is mandatory for diagnosis and treatment decisions.
13.5. Results are analysed by bioinformaticians, not medical professionals, and are based on computational algorithms and existing scientific literature.
13.6. Reports must not be used for:
13.6.1. Insurance underwriting or claims;
13.6.2. Employment decisions;
13.6.3. Legal proceedings; or
13.6.4. Reproductive decision-making without independent medical validation.
13.7. If raw genetic data is provided, the Company bears no responsibility for Third Party interpretation, misuse, or downstream consequences of such data.
13.8. Scientific & Technical Limitations:
13.8.1. Technology Errors: Results may include false positives/negatives due to sequencing errors, alignment inaccuracies, or algorithmic biases.
13.8.2. Variant Interpretation: Classifications rely on current public databases and in silico predictions, which may be incomplete, population-biased, or updated periodically.
13.8.3. Uncertain Significance: Some variants may be labelled as "VUS" (Variant of Uncertain Significance). Their clinical relevance may change as research evolves, necessitating reanalysis.
13.8.4. Population Biases: Gene panels and reference databases are often derived from limited populations, which may reduce applicability for underrepresented ethnic groups. Results may not be equally predictive across all ancestries.
13.9. This test exclusively evaluates DNA sequence changes and does not assess:
13.9.1. Epigenetic modifications (e.g., methylation);
13.9.2. Gene expression or protein function;
13.9.3. Metabolic impacts; or
13.9.4. Environmental/lifestyle factors influencing health outcomes.
13.10. Always consult a qualified healthcare provider or genetic counsellor to interpret results in the context of Your personal/family medical history and to guide further actions.
13.11. Healthcare providers/medical practitioners may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more practitioners give different opinions in the course of service provision does not necessarily indicate that Our Services are defective. The Company is not liable for information provided by medical practitioners or health providers.
14.1. ALTHOUGH THE COMPANY ATTEMPTS TO PROVIDE THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE, AS SET OUT IN THIS SECTION, THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT OUR SERVICES.
14.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
14.2.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2.2. THE COMPANY MAKES NO WARRANTY THAT:
(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND
(e) ANY ERRORS IN THE PLATFORMS WILL BE CORRECTED.
14.2.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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. YOU ARE ADVISED TO BACK UP OR STORE SECURELY YOUR CONTENT AND USER CONTENT. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES/PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE ARISING FROM ANY VIRUS OR OTHER HARMFUL COMPONENT IN ANY OF THE SERVICES.
14.2.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE.
14.2.5. DUE TO THE INHERENT NATURE OF PLATFORMS, THE INTERNET, TELECOMMUNICATIONS NETWORKS, AND WEBSITES, THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE WHEN YOU WANT TO USE THEM, ERROR-FREE, OR THAT ANY COMMUNICATIONS MADE USING THE SERVICES OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE SECURE.
14.2.6. CERTAIN TERMS MAY BE AUTOMATICALLY INCLUDED INTO THIS AGREEMENT BY LAW. THESE TERMS RELATE TO THE QUALITY OF THE SERVICE PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT THAT THE COMPANY IS ALLOWED TO DO SO BY LAW, WE EXCLUDE THESE TERMS FROM THIS AGREEMENT.
14.2.7. THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS USING THE SERVICES. THE COMPANY ALSO DOES NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS. AS SUCH, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER AS A RESULT OF YOUR INTERACTIONS WITH, AND THE CONDUCT OF, OTHER USERS, INCLUDING IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
14.2.8. BECAUSE WE CANNOT CONTROL THE BEHAVIOR OF OUR USERS, THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT, NOR DOES IT ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENTS THEY MAKE.
15.1. The Company may by itself or engage Third Party service providers to receive, process, and escalate customer grievances. By using these Services, You agree to provide necessary details (including but not limited to order ID, contact information, and issue description) for effective resolution.
15.2. Grievances may be raised through:
15.2.1. Toll-free or chargeable helpline numbers;
15.2.2. Email support;
15.2.3. In-Platforms ticketing systems; or
15.2.4. Any other designated method provided by the Company.
15.3. The Company will endeavour to respond within a reasonable time frame, subject to issue complexity.
15.4. All grievance-related communications may be recorded for quality assurance, training, and dispute resolution purposes.
15.5. Information shared during grievance redressal may be stored and used in accordance with the Company’s Privacy Policy.
15.6. The Company reserves the right to share details with Third Party service providers solely for resolution purposes.
15.7. For any grievance the Company may be contacted at:
15.7.1. Attention: Admin Head
15.7.2. Email id: admin@mediomixdb.com
15.7.3. Contact No.: +91 9380251598
16.1. The Company may from time to time, introduce special programs, promotions, or services (“Programs”) for a limited period. Details of such Programs, including their duration, eligibility criteria, and applicable terms, will be communicated through the Platforms, email, or other official channels.
16.2. Participation in any Program may be subject to additional terms and conditions (“Program Terms”), which will be made available to You prior to enrolment or use.
16.3. By applying or enrolling to such Programs, You
16.3.1. acknowledge having read and understood the applicable Program Terms;
16.3.2. agree to be bound by such Program Terms in addition to these Terms; and
16.3.3. accept that in case of any conflict, the Terms herein will prevail for matters related to the specific Program.
16.4. The Company reserves the right to modify, suspend, or terminate any Program at its sole discretion by notifying You.
17.1. All content, features, trademarks, logos, software, and materials provided through the Platforms or Services, including but not limited to text, graphics, designs, and code (collectively, "Proprietary Materials"), are the exclusive property of the Company, its licensors, or clients, and are protected by applicable intellectual property (IP) laws.
17.2. You agree not to:
17.2.1. Copy, modify, distribute, sell, or create derivative works of the Proprietary Materials without express written authorization;
17.2.2. Reverse engineer, decompile, or disassemble any software or technology underlying the Services or Platforms;
17.2.3. Remove, alter, or obscure any copyright, trademark, or proprietary notices;
17.2.4. Use the Proprietary Materials for any purpose not expressly permitted by these Terms, including commercial exploitation; or
17.2.5. Infringe upon the IP rights of the Company, its clients, or Third Parties in any manner.
17.3. If the Services or Platforms allow User-generated content, You warrant that Your content does not violate Third Party IP rights.
17.4. Violations of this clause may result in:
17.4.1. Immediate termination of Your access to the Services and the Platforms;
17.4.2. Legal action, including claims for damages or injunctive relief; and
17.4.3. Disclosure of Your information to authorities or aggrieved parties, if required by law.
18.1. Users hereby agree to preserve, indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from and against all Third Party activities, proceedings, claims, liabilities (including legal liabilities), penalties, demands and pricing (including without limitation, permissible costs on a solicitor/attorney and own client basis), damages, losses and/or expenses however taking place out of or resulting from:
18.1.1. Your use of the Platforms or the Services and violation of any of these Terms;
18.1.2. Your violation of any rights of another and/or applicable law; or
18.1.3. Any claim or proceeding brought in by a Third Party against the Company because of the infringement by Users of any intellectual property rights of a Third Party.
18.2. If You have submitted a sample or otherwise provided Your own information, You agree to defend and hold harmless the Company, its employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any information obtained from analysing Your sample and/or analysing Your information, which is disclosed to You consistent with our Privacy Policy. In addition, if You choose to provide Your information to third parties—whether individuals to whom You facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—You agree to defend and hold harmless the Company, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of Your information.
18.3. To the maximum extent permitted by applicable law, the Company's aggregate liability for any claims arising under or relating to these Terms or our Services whether in contract, tort (including negligence), strict liability, or otherwise shall be limited to the total fees paid by You for the specific Services giving rise to the claim. In no event shall We be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, even if advised of their possibility. This limitation applies except where prohibited by law, including for: (i) fraudulent misrepresentation; or (ii) any other liability that cannot be excluded under applicable consumer protection regulations.
The Company shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, pandemic and its impact, riot, fire, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
21.1. These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka.
21.2. All dispute or difference arising between the parties as to the effect, validity or interpretation of these Terms or as to their rights, duties or liabilities hereunder shall be resolved by mutual discussion. If such disputes, controversy or claim cannot be amicably settled, then such dispute shall be referred to a sole arbitrator appointed by Us. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be Bengaluru and the language of arbitration shall be English. The laws of India and local laws of Karnataka shall be applicable.
22.1. Termination. The Company may, at any time, terminate its legal agreement with You if: (1) You have breached these Terms or any incorporated policies or have acted in a manner that indicates that You do not intend to, or are unable to, comply with the provisions of these Terms, and have failed to remedy such breach within fifteen (15) days of receiving written notice from the Company; (2) the Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); (3) the partner through whom the Company offered the Services to You has terminated its relationship with the Company or has ceased to offer the Services to You; (4) the Company is transitioning to no longer providing the Services to users in the country or state in which You reside or from which You access the Services; or (5) the provision of the Services to You is, in the Company’s opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that the Company shall not be liable to You or any third party for any termination of Your access to the Services, and You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any liability, costs, or damages arising out of Your breach of these representations.
22.2. Survival. Notwithstanding any termination or expiration of these Terms, any provisions of these Terms which by their nature are intended to survive termination shall so survive, including but not limited to provisions relating to intellectual property rights (Clause 17), indemnification and liability (Clause 18), confidentiality (Clause 19), dispute resolution and jurisdiction (Clause 21), and any other provisions which expressly or by implication survive termination. Such provisions shall remain in full force and effect notwithstanding the termination of Your use of the Services or the Platforms.
22.3. Third-Party Links. The Services and Platforms may contain links to third-party websites, platforms, applications, or resources (“Third-Party Services”) that are not owned or controlled by the Company. These Third-Party Services are provided solely for Your convenience and informational purposes. You acknowledge and agree that the Company has no control over the content, privacy policies, terms of use, or practices of any Third-Party Services. The inclusion of any such link does not imply endorsement by the Company of the Third-Party Services, nor does it constitute a recommendation or warranty as to their content, offerings, or reliability. You further acknowledge and agree that the Company shall not be held responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with Your use of or reliance on any such Third-Party Services, content, products, or services available through or on such websites or platforms. You are encouraged to carefully review the terms and conditions and privacy policies of any Third-Party Services that You access through links on the Platforms.
22.4. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter of accessing and using the Platforms and Services provided by the Company and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
22.5. Waiver: The failure of either party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
22.6. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the parties hereto, as expressed herein.
22.7. Assignment. You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you.
22.8. Contact Us: If You have any questions about this Agreement, the practices of the Platforms, or Your experience with the Services,
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