Terms of Use

PathoGenie is a leading health-tech organization, established in India, for providing SaaS based Pathology lab management software. PathoGenie has designed and developed certain proprietary software defined below as Platform to be used by individuals/establishments looking for laboratory information and operations management that includes managing patient and Doctor relationship, Lab Operations, Lab Material management; and reporting; and that PathoGenie intends to make available such Platform, to the User(s) to enable the User(s) to optimise its operations and augment their services or offering in order to enhance their business and service delivery; (i) Manage patient and their Healthcare provider lifecycle journey from prescription to reporting, offering SMS and Web based test discovery, inquiry, appointments, booking,  Logistics and lab operations, material ordering and management, payments, Lab operations and revenue management, actionable patient contact base and communication for follow-ups or alerts in order to improve patient satisfaction, reporting and patient data management along with business analysis, collectively known as “Purpose”. The User, being into Laboratory business, desires to use the PathoGenie’s Platform for the Purpose, and not for redistribution;

This agreement governs your use of the website, https://pathogenie.in ('Website') and the other associated applications, products, and services managed by the organization. Please read these terms of use carefully before using the website, our services, and products, along with the privacy policy mentioned on our website under the link https://pathogenie.in/privacy-policy .

 

These Terms & Conditions (“Terms”) of (a) use of our website https://pathogenie.in (“Website”), (“Platform”), or any products or services in connection with the Website/products (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between PATHOGENIE (“PathoGenie/We/Us/Our”) and its users (“User/You/Your/Registered User”).

Whether you have logged in as registered User or processing your registration collectively known as ‘Service’ or are simply browsing the Platform, once you have accessed the Platform or used our Services, you shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Services. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limiting to, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the "Content"). These General Terms of Use govern the business relationship between PathoGenie (hereinafter referred to as PathoGenie) and its Registered Users (“Registered User”) and apply to all PathoGenie services and products. Conflicting or deviating terms and conditions shall not apply, unless otherwise agreed in writing between PathoGenie and it Registered Users.

By accessing and using the website, you are indicating your acceptance to be bound by the terms and conditions of this Policy. PathoGenie may revise this Policy at any time by updating this posting. Use of the website after such changes are posted will signify your acceptance of these revised terms. You are advised to visit this page periodically to review this Policy.

This document is legally binding and enforceable in court of law. The acceptance of terms stated in this document shall be deemed accepted upon your use of our Platform in any manner including browsing. These terms are applicable for access or use of our website or URL https://pathogenie.in from any of the devices including but not limited to Mobile Phones, Desktops, Laptops or Tablets. If you do not agree with the terms of this policy, do not use the Platform in any manner including for research or academic purpose, or use our products made available on the Platform or avail any of our Services.

YOU HEREAFTER AGREE TO BOUND BY THE RULES MENTIONED HERE.

  1. Notice of Use:

Your use of the Platform, or Services in connection with products or services in connection with the Website/products (“Services”), or registrations with us through any modes or usage of any products including through SD cards, tablets or other storage/transmitting device shall signify your acceptance of this policy and your agreement to be legally bound by the same. Your use of our Products, Platform, and Services is solely for business use as defined under the Service Agreement signed at the time of registration. Any use of the Application, Website, Services or Products or their contents other than as permitted by PathoGenie under the Service Agreement is strictly prohibited. Your use of this Platform, Products and / or our Services shall be subjected to the following restrictions:

  1. You accept that you are legally an adult and binding to the contract for the jurisdiction of India and not from where you accessed our Platform and or Services. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are not accessing the Services to register yourself from any Restricted State, if any or outside India,

  1. To use our Services or any of our programmes or courses, you will need to register with us on the Platform. Your registration on the Platform is restricted to a single User account which will be used by you to avail the Services provided on the Platform. You are prohibited from creating or using multiple user IDs to access the services provided on our Platform,

  1. You may not decompile, reverse engineer, or disassemble the contents of the or our Platform and/or Services/Products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or Services/Products, or remove any copyright, trademark registration, or other proprietary notices from the contents of our Platform and/or Services/Products.

  1. You will not (a) use this Platform and/or any of our Product/s or Service/s for commercial purposes of any kind except agreed specifically with PathoGenie, or (b) advertise or sell the Application or any Products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the website/our Products and Services in any way that is unlawful, or harms the organization or any other person or entity as determined by the organization.

  1. While PathoGenie makes its best effort to produce  products and / or Services, including the website and content, that are compatible with all devices/tablets/instruments/hardware, however PathoGenie cannot guarantee compatibility with all devices/tablets/instruments/hardware. PathoGenie shall not be obligated to provide workable products and / or services for any instruments that are not recognized by PathoGenie or those instruments that may be purchased from any third party which are not compatible with the PathoGenie's products and Services.

  1. You expressly agree that use of PathoGenie’s Platform/Products/Services are your absolute decision and PathoGenie shall have no responsibility for any loss or damage caused to device or tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our products and Services.

  1. PathoGenie makes its best efforts to produce quality content for posting on the Platform or may be offered to you as part of its services, however PathoGenie does not guarantee that such content is error free or is verified with any agency as may be expected from PathoGenie and that such content is only provided for your convivence. You are advised to use your best judgement before basing your decision on such content and that PathoGenie expressly disclaims negative from taking any responsibility for such decisions. Any content specifically in relation to the medical context shall strictly be considered as content as information consumption for reference purpose only and in no way shall be treated as a medical advice or consultation from a medical practitioner.  

  1. Duties as a User on our website:

  1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on our Platform for all our Products and Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our Products or Services. As a minor if you wish to use our Products or Services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. If in case, a minor utilizes the Platform/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. PathoGenie will not be responsible for any consequence that arises as a result of misuse of any kind of Products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. By using the Products or Services, you warrant that all the data provided by you is accurate and complete and that User using the website/platform has obtained the consent of parent/legal guardian (in case of minors). PathoGenie reserves the right to terminate your subscription and / or refuse to provide you with access to the Products or Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the Products or Services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that PathoGenie does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the platform/website or avail any Product or Service.

  1. You may not create a login name or password or upload, distribute, transmit, publish, or post content through or on the Platform or through any service or facility including any messaging facility provided by the website which:

  1. Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence because of you providing incorrect information or concealing any relevant information from us,

  1. You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Platform,

  1. You acknowledge that some of the services shall be provided via third party service providers, as appointed by PathoGenie from time to time.

  1. In order to participate in most Platform activities, you will need to register for an account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, email etc., by way of a one-time password which will be sent to your phone number and email id simultaneously.

  1. Usage of Content

  1. Any Information, Image, Graphics, Text, Designs, Files, Directories, Icons, Gif, Video clips, Written component, Data base and Listings etc available on the Platform (Collectively, the Contents) are intended for business consumption and not for commercial sale. Downloading, Compiling or otherwise using the Platform or the said content by User for the purposes of operating a business that competes with PathoGenie, or otherwise commercially; exploiting the Platform content or systematic retrieval of the Platform content from the Platform to create or Compile, Directly or Indirectly, a Collection, Compilation, Database or Directory (whether through Robots, Spiders, Automatic devices or Manual Processes) or use of any of any content or materials on the sites for any purpose not expressly permitted in the Terms is prohibited. All the software used in the Platform is solely owned by PathoGenie hence you shall not Copy, Reproduce, Download, Re-publish, Sell, Distribute or Resell of any the Services or any part of the service or software

  1. All chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by us and shall form part of Content and PathoGenie is free to use this material in manner as agreed upon in the Privacy Policy available to be viewed on  https://pathogenie.in/privacy-policy .

  1. Selling, distribution or reselling of any services by you without written consent from PathoGenie would be considered unlawful and should be avoided

  1. You must read PathoGenie’s Privacy Policy available on  https://pathogenie.in/privacy-policy, which governs the protection and use of personal information about Users of Platform and our affiliates. Your use of our Platform deems acceptance of the terms of the Privacy Policy, and you agree to the use of the personal information about you in accordance with the Privacy Policy.

  1. PathoGenie reserves the right to limit, terminate and deny the right to use or access the Platform and Service(s) in whole or in part of any User for any reason whatsoever, including, but not limited to, Infringing any third party’s intellectual property right, breaching this Agreement, and Incurring any liability to PathoGenie. Each User hereby also agrees that in no event shall PathoGenie be liable to any User or any third party for any User’s inability to use or access the Platform and or Services.

  1. By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use your Material in the same way as any other content available through the Services. Other Users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your User account, your Material and name may remain available through our Services.

  1. Restrictions while Usage of Content

  1. Trying to gain unauthorized access or exceeds the scope of authorized access to the Platform or to Profiles, Blogs, Communities, Account Information, Bulletins, Friend request, or other areas of the Platform or solicits Passwords or Personal identifying information for commercial or unlawful purposes from other Users is restricted. You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Platform, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Platform or any files that are part of the Platform, it shall be considered as a breach of this agreement and shall be liable for action as permitted by law.

  1. You shall not frame the Platform. You may not impose editorial comments, commercial material or any information on the Platform, alter or modify Content on the Platform, or remove, obliterate or obstruct any proprietary notices or labels. Engaging in commercial activities and/or sales without our prior written consent from PathoGenie such as Contests, Sweepstakes, Barter, Advertising and Pyramid schemes, or the Buying or Selling of "virtual" products related to the Platform is restricted. Throughout this Terms of Use, our prior written consent means a communication coming from our legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.

  1. You shall not interfer with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar service is restricted.

  1. Reference to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use is restricted and you expressly agree to not perform any actions that may call actions in breach of this understanding.

  1. You understand and acknowledge that harming minors in any way is unlawful and shall be a penal offence reported to the authorities.

  1. You understand and acknowledge that violating any law for the time being in force is unlawful and restricted on the Platform.

  1. You understand that actions such as deceiving or misleading the addressee/ other Users about the origin through messages or communication of any information which is grossly offensive or menacing in nature is restricted and may be subject to penalty or action including penal depending on the nature of such actions.

  1. You understand and acknowledge that impersonating another person is unlawful and restricted, Accessing or attempting to access the Services through someone else's User account or Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your User account is strictly prohibited and liable for penal actions under Information Technology Act 2000 and its amendments thereof.

  1. You understand and acknowledge that uploading or planting of any software viruses or any other Computer Code, Files or Programs designed to Interrupt, Destroy or Limit the functionality of any computer resource; or contains any Trojan horses, Worms, Time bombs, Cancel-bots, Easter eggs or other computer programming routines that may Damage, Detrimentally interfere with, Diminish value of, Surreptitiously intercept or Expropriate any System, Data or Personal information is unlawful and a serious offence, such actions shall be dealt with strictness and make result in a legal action against the perpetrator.

  1. You understand and acknowledge that sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Platform to benefit from any of our promotional program or for any other purpose is strictly prohibited and appropriate action shall be initiated against you as permitted under law.

  1. Any actions that in our sole discretion threatens the Unity, Integrity, Defence, Security or Sovereignty of India, Friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation is strictly not allowed and shall have legal consequences on the perpetrator.

  1. You expressly warrant that you as the User shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law, Rule, Regulation or Guideline for the time being in force,

  1. You shall not create liability for PathoGenie or cause PathoGenie to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.

  1. You shall not use any "Deep-link", "Page-scrape", "Robot", "Spider" or other automatic Device, Program, Algorithm or Methodology, or any similar or equivalent manual process, to Access, Acquire, Copy or Monitor any portion of the Platform or any Content, or in any way in order to reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any Materials, Documents or Information through any means not purposely made available through the Platform. PathoGenie reserves its right to restrict or bar any such activity or take action as permitted by law.

  1. You understand and warrant that you shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any Server, Computer, Network, or to any of the Services offered on or through the Platform, by Hacking, Password "Mining" or any other illegitimate means, such actions shall be liable for action as permitted by law,

  1. Unless expressly permitted, you as a User shall not Probe, Scan or Test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not Reverse look-up, Trace or Seek to trace any information on any other User or visitor to the Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for the Platform,

  1. Prohibited Activities while using our Platform

The following activities or actions are strictly restricted on the Platform:

  1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  1. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

  1. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

  1. Interfering with any other person's use or enjoyment of the Platform or its Product or use of Services;

  1. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

  1. Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;

  1. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  1. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

  1. Access or use the Platform/Website/Services/Products in any manner that could damage, disable, overburden or impair any of the Platform’s/Application's/Website's servers or the networks connected to any of the servers on which the Platform/Application/Website is hosted;

  1. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform/Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Platform/Application/Website/Services/products, or engage in any activity prohibited by these Terms;

  1. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform/Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform/Application/Website/Services/Products or any affiliated or linked sites;

  1. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack or distributed denial of service attack on the Platform/Application/Website/Services/Products;

  1. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform/Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/Products;

  1. Alter or modify any part of the Services;

  1. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

  1. Violate any of the terms specified under the Terms for the use of the Platform/Application/Website/Services/Products.

  1. Service billing and Purchasing on the Platform

  1. All transactions on the Platform shall be in Indian Rupees,

  1. Enrolment as registered User to avail our full services is mandatory. The use of this registered account shall be subject to the term mentioned in the Service Agreement accepted by you at the time of registration. PathoGenie reserves the right to reject application of User for any reason as it deems fit. PathoGenie shall provide account to each approved and then registered User. It is mandatory for each User to provide required information for such registration,

  1. The User ID and Password should be specific for each account for privacy and safety reason. Sharing the User ID and Password to any other business entity or individual is strictly prohibited. User hereby agree for not sharing account details, as it may cause harm to PathoGenie, and it will also lead to failure for security of User’s account. In such case PathoGenie has sole right to terminate User account,

  1. PathoGenie has the right to receive advance payments and/or partial payments depending on the contract volume and duration, and such advance payments shall be specified in the PathoGenie quotation and are accepted by Registered User with the related order confirmation.

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  1. For all services subject to GST, PathoGenie additionally charges the statutory GST amount

  1. Price Changes

Price and price related objectives including but not limited to changes in the future are reserved for PathoGenie. While PathoGenie would make all its best attempts to keep the pricing around the current prices, however PathoGenie cannot warranty the same due to changing market scenario.

  1. Terms of Registration

The registration for all our services takes place via an online registration form. By submitting the electronic registration form or e-mail you are binding and agree to the terms and conditions mentioned in these Terms of Use as well as the Service Agreement signed at the time of registration. Both Terms of Use and Service Agreement has to be read along with the Privacy Policy available on the Platform. These collectively creates a legally binding contract between the Registered User and PathoGenie.

 

  1. Loyalty and Duty of Care

  1. PathoGenie agrees to provide their services with the utmost care.

  1. PathoGenie points out that support is a active and self-responsible process, where certain successes cannot be guaranteed. PathoGenie’s business analysis service supports the Registered User in particular as supporter of decisions. The actual work to make a decision is done by the Registered User himself. The Registered User should therefore be cautious and take the decision as appropriate for his business.

  1. PathoGenie and its Registered Users commit each other to loyalty and openness. Both sides do everything to the best of their knowledge and belief in order to make the success of the agreed service possible.

  1. Intellectual Property and Rights of Use

  1. PathoGenie retains all right, title and interest in end to end ownership of all aspects including but not limited to features of the Platform, all Updates and all modifications and the intellectual property rights thereto. PathoGenie does not transfer either the title or the intellectual property rights of the Platform and its services to the User(s).

  1. For the purposes of our business, PathoGenie uses generally available technical and methodical knowledge, knowledge acquired from other sources, and knowledge that has been further developed by PathoGenie itself and adapted to special requirements of the Registered User.

  1. If specialist and methodical knowledge is taken over from other sources, this is declared in the sense of a quotation, or there is a corresponding agreement between PathoGenie and the owner of the intellectual property.
    The rights to all work results and to all other materials provided by PathoGenie to the Registered User shall remain exclusively with PathoGenie to the extent permitted by applicable law. To the extent that PathoGenie utilizes any third-party material for the performance of its services, the affected part of the services shall be subject to the conditions of use stipulated by the relevant third party.

  1. Any materials or process or content provided by PathoGenie shall only be used for the purpose of providing the services as promised in the Service Agreement with the Registered User and shall not be forwarded or otherwise be made available by Registered User to third parties. The provision of access codes to web-based training and documentation, shall only be used by Registered User for the Registered User’s employees registered under their account; transfer or any other provision of access codes to third parties is prohibited.

  1. PathoGenie claims the copyright on all its own documents, processes, algorithms or any such material provided during the course of service, regardless of whether a corresponding copyright notice is attached to the document concerned.

  1. PathoGenie or any other party’s notices, brands or trademarks shall not be removed by Registered User from any documents or materials provided by PathoGenie.

  1. Mobile Services

The platform may include certain services that may be available via your mobile phone, such as alerts and information. By using or registering for these the Mobile Services, you agree that we may communicate with you regarding PathoGenie and other entities by SMS, MMS, text message or other electronic means to your mobile device.

  1. Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English

  1. International Users

This platform can be accessed from countries around the world and may contain references to the PathoGenie products, services and programs that may not be available in your country. These references do not imply that PathoGenie intends to announce such products, services or programs in your country. The platform is controlled, operated and administered by the PathoGenie. If you access the platform from a location outside India, you are responsible for compliance with all local laws.

  1. Force Majeure

  1. Under no circumstances shall  PathoGenie be held liable for any delay or failure or disruption of the services delivered through the Platform resulting directly or indirectly from acts of Nature, Forces or Causes beyond our reasonable control, including, without Limitation, Internet failures, Computer, Telecommunications or Any other equipment failures, Electrical power failures, Strikes, Labour disputes, Riots, Insurrections, Civil disturbances, Shortages of labour or Materials, Fires, Floods, Pandemic,  Storms, Explosions, Acts of God, War, Terrorism, Governmental actions, Orders of domestic or foreign courts or tribunals or non-performance by third parties.

  1. Termination

  1. These Terms of Service are effective unless and until terminated by either you or PathoGenie. You may terminate this Agreement at any time, provided that you discontinue any further use of this Platform. You are free to discontinue use of the Services on our Platform at any time by intimating us of your desire to do so by sending an email to us at support@pathogenie.in as the case may be. No refunds can be claimed with merits of such termination unless otherwise agreed in the Service Agreement or considered as a special case by PathoGenie.

  1. PathoGenie also may terminate this relationship at any time and may do so immediately without notice if there is any breach on behalf of the User, whether made under the Terms of Use or any other agreement or policy agreed with PathoGenie or otherwise.

  1. PathoGenie’s right to any Contents, and the provisions of Sections 3,10 and 11, shall survive any termination of this Policy.

  1. We may also choose to suspend or otherwise put restrictions on your access to the Services on the Platform during investigation for any of the following reasons:

  1. Suspected violation of Terms or other abuse of your User account;
  2. Suspected breach of security of your User account; or
  3. If there have been charge-backs on your User account.

  1. Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you. In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the Platform or the Application is detrimental to the interests of PathoGenie, our other Users or the general public; we may in our sole discretion take any or all of the following actions:

  1. Permanently suspend your User account on the Website;
  2. Demand damages for breach and take appropriate civil action to recover such            damages; and/or
  3. Initiate prosecution for violations that amount to offences in law.

  1. Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Platform.

  1. The decision of PathoGenie on the action to be taken as a consequence of breach shall be final and binding on you. Any action taken by PathoGenie shall be without prejudice to our other rights and remedies available in law or equity.

  1. Liability

  1. The activity of PathoGenie is a pure service activity. Success is therefore not guaranteed. Any (success) liability is excluded. PathoGenie shall only be liable exclusively for damage caused by it or its employees intentionally or through gross negligence. Any further liability, as well as for indirect or consequential damages, is excluded.

  1.  PathoGenie takes over no liability for any accident, theft, hack, malware attack, destruction of property including data during use of the Platform. Insurance is the responsibility of the participants.

  1. While browsing or using PathoGenie’s Platform, User might come across offensive, indecent images and written component. PathoGenie will not be liable or sued for such display of such content and the User is required to use his/her best skills to engage with such content or material.

  1. When required by government, law enforcement body or to oblige any entity or individual who has legitimate right, PathoGenie will disclose the information which may relate to User’s Identity. In such case User agrees not to prosecute or take legal action against PathoGenie.

  1. The shipment or electronic transmission of any data is at the risk of the Registered User and PathoGenie takes no responsibility of any risk attached to such access of the Platform or its services.

  1. Our Platform provides Users with access to compiled information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Platform. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Platform from another website or document without the Company's prior written consent.

  1. IN NO EVENT SHALL PATHOGENIE BE LIABLE TO THE USER FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PATHOGENIE, FOR ALL CLAIMS ARISING OUT OF OR UNDER THIS AGREEMENT, EXCEED THE AMOUNT THAT THE USER HAS PAID OR WILL PAY TO PATHOGENIE FOR THE PLATFORM UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE MOST RECENT CLAIM.

  1. Confidentiality and data protection

PathoGenie treats all company and personal data it receives in connection with its activities or that it generates through its activities, in complete confidence. PathoGenie does not pass these on to third parties, except as agreed upon in the Privacy Policy available to view on  https://pathogenie.in/privacy-policy . Exceptions are permitted if an organization or individual explicitly authorizes PathoGenie to do so.

  1. Confidential Information.

Both parties undertake to retain in confidence all information disclosed to the other party in relation to this Agreement that the disclosing party has designated as being confidential in writing or if disclosed orally, or if, designated as confidential at the time of such disclosure and reduced to writing conspicuously marked as confidential and sent to such other party within thirty (30) days thereof (“Confidential Information“). The terms and conditions of this Agreement including its Exhibits shall be considered Confidential Information.

  1. Exclusions.

“Confidential Information” will not include information that: (a) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; (b) the receiving party can demonstrate to have had rightfully in its possession and without restriction, prior to disclosure hereunder; (c) is independently developed by the receiving party without use of the disclosing part’s Confidential  Information, as can be shown by tile written records of the receiving party; (d) is lawfully obtained from a third party who has the right to make such disclosure; or (e) is released for publication by the disclosing party in writing.  A receiving party also may disclose disclosing party’s Confidential Information to the extent required by a court or other governmental authority, provided that the receiving party promptly notifies the disclosing party of the disclosure requirement and cooperates with the disclosing party (at the latter’s expense and at its request) to resist or limit the disclosure.

  1. Protection of Confidential Information.

Each party agrees to protect the other party’s Confidential Information to the same extent that it protects its own confidential information of a similar nature and shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information to third parties. A party may disclose other party’s Confidential Information to its directors, officers, employees and third party contractor(s) (“Representatives”) on a need to know basis and to the extent necessary for the purpose of this Agreement. If a party provides Confidential Information of the other party to its Representatives, then it will ensure that such Representatives have entered into a written confidentiality agreement with the part providing such information to the Representatives protecting such Confidential Information from unauthorized disclosure or improper use. Obligations of confidentiality under this Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years; save for Confidential Information constituting trade secrets, in which event the obligations shall subsist indefinitely.

  1. Place of Jurisdiction and applicability of law

  1. Any action or proceeding arising out of or related to this Agreement or your use of this Platform must be submitted to Courts of Mumbai for arbitration which shall be conducted in accordance with the arbitration rules in effect at the time of the application for arbitration. The constitution of the arbitral committee shall be a sole arbitrator appointed by PathoGenie. The cost of arbitration shall be borne equally by both the User and PathoGenie. The arbitral award shall be final and binding upon both parties.

  1. This Agreement shall be governed by and construed under the laws of Information Technology Act 2000 and its amendments thereof with regard to conflict of law provisions.

  1. Assignment

PathoGenie may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the User may not assign its rights, obligations and interests under this contract to any party or entity. It is expressly agreed that the User cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. PathoGenie's rights under the Terms are freely transferable by PathoGenie to any third parties without the requirement of seeking your consent.

  1. Notice

All notices served by PathoGenie shall be provided via email to your account or as a general notification on the Platform. Any notice to be provided to the PathoGenie should be sent to 3rd Floor, B-304, Amazon Park, Shanti Ashram, Link Road, Opposite Eskay club, near tilak complex, Borivali West, Mumbai Suburban, Maharashtra, 400103

  1. Severability

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

  1. Waiver

Any failure by PathoGenie to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the PathoGenie of that provision or right.

  1. Relationship

PathoGenie and you as the User are Independent contractors, and no Agency, Partnership, Joint venture,   Employer-  Employee or Franchiser- Franchisee relationship is intended or created by these Terms. You expressly acknowledge that your participation on the Platform, does not make you an employee or agency or partnership or joint venture or franchise of PathoGenie.

  1. General

PathoGenie reserves the right to update or modify these Terms of Use at any time without giving any prior notice. The most current version of the Terms of Use will govern use of the Platform and will always be at https://pathogenie.in/terms-of-use. If we make a change to that, in PathoGenie ’s sole discretion, will notify you via e-mail to the e-mail address associated with your account or post it on a section of the Platform where it is accessible without any charge. You are bound by any change and your continued access of the Platform shall constitutes your unconditional agreement to follow Terms that are Added, Amended or Rectified therein.

Terms of Use along with other Agreements and Policies agreed between the you as the User and PathoGenie represents the complete agreement between the parties with respect to use of the Platform and Services. All prior Written or Oral agreements and representations between the you and PathoGenie related to the same subject matter will nullify.

  1. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

  1. You expressly agree not to undertake any action which may undermine the integrity of our feedback system or harm the Platform in any ways.

  1. If any provision of this Policy is held to be unenforceable for any reason, such provision shall be deleted and or modified to the extent necessary to make it enforceable and the other terms of this Policy shall remain in full force and effect.

  1. PathoGenie’s  failure  to  enforce  any  right  or  failure  to  act  with  respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of PathoGenie’s right to act with respect to subsequent or similar breaches.

  1. PathoGenie provides these Terms so that you are aware of the terms that apply to your use of the Platform, its Products and Services. You acknowledge that, PathoGenie has given you a reasonable opportunity to review these Terms and that you have agreed to them.

  1. DISCLAIMER

THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, PATHOGENIE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, PLATFORM OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.