Terms of Service (ToS)
This User Agreement describes the terms on which Swagene Private Limited (“Swagene”, “we”, “us”), a duly registered limited liability company with its principal place of business in Chennai, India offers you (“you” or “your”) access to our site and/or our services, including all content and functionality available through swagene.com (the “Site”), and services provided by us online and/or offline. By visiting our site or using our services you are agreeing to the following terms without change, including those terms available by hyperlink (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Site.
This Agreement is effective upon any action on your part including but not limited to registration, test requests, emails, phone calls, signing up, and your continued use of the Site after such time will signify your acceptance of this Agreement.
Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you become a user of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend or terminate service to anyone.
2. Warranties and Disclaimers
(a) By placing an order, you warrant that:
• You are legally capable of entering into this binding contract;
• You are at least 18 years old; and
• Where you send us a sample or data relating to third person, you have full permission and explicit consent from that person, or their legal guardian, who must be at least 18 years old.
(b) WHILST ALL REASONABLE EFFORTS ARE MADE TO ENSURE THAT ANY INFORMATION, INCLUDING THE RESULTS, SUPPLIED BY US IS CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE TIMELINESS, ACCURACY OR COMPLETENESS OF SAID INFORMATION. ANY CONTENT, INFORMATION OR RESULTS RECEIVED ON OR VIA THE WEBSITE SHOULD NOT BE RELIED ON FOR IMPORTANT PERSONAL AND MEDICAL DECISIONS WITHOUT CONSULTATION WITH AN APPROPRIATE PROFESSIONAL FOR ADVICE WHICH IS SPECIFICALLY TAILORED TO YOUR PARTICULAR CIRCUMSTANCES.
(c) We make no representations, warranties or undertakings that the Site, or the server that makes it available, will be compatible with your equipment or free from defects, including but not limited to viruses or other harmful elements. We accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond our control, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Site or your equipment.
(d) Except as expressly set out in this Agreement, all representations, warranties, terms and conditions whether express or implied in relation to the Site or the information contained therein are hereby excluded to the fullest extent permitted by law.
3. Acceptable Usage Policy
You agree that you will use the Site and our services only for lawful purposes and in a lawful manner. While using the Site and our services, you agree that you will not:
(i) register under a false name or use an invalid or unauthorized email or physical address;
(ii) use another person’s account without permission;
(iii) use the Site if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using the Site;
(iv) use an invalid or unauthorized payment method;
(v) submit material that is protected by privacy rights, unless you are the owner of such rights or have permission from the rightful owner to post the material;
(vi) violate any laws, third party rights, or our rights;
(vii) circumvent or manipulate our fee structure, the billing process, or fees owed to us;
(viii) post obscene, false, inaccurate, misleading, defamatory, or libelous content (including personal information);
(ix) distribute viruses or any other technologies that may harm us, or the interests or property of our users;
(x) copy, modify, or distribute content from the Site and/or our copyrights and trademarks; or
(xi) harvest or otherwise collect information about users, including email addresses, without their consent.
You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure without express prior consent from us; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Swagene grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
4. Links to Third Party Content
You may find on the Site links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
5. User Accounts
(a) The information (including results), content graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the “Materials”) contained in the Site are protected by copyright and other intellectual property laws. Subject to compliance at all times with the Agreement, we grant you for the duration of such time a non-exclusive licence, solely to the extent reasonably required for your own personal and non-commercial use, to read, display, view and download the Materials to your personal device and/or to print a single hard copy of the Materials provided however that all copyright, trademark and other proprietary notices are left intact. Any other use of this Site, its contents and its underlying software, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited.
(b) When you make a purchase you will be issued with a unique password which allows you to access your user account. You are responsible for the security and proper use of this password and must take all reasonable steps to ensure that the password is kept confidential and is not disclosed to anybody else. You agree to notify us immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password.
(c) You are responsible for ensuring that no unauthorised access is obtained into your account. You will be entirely liable for all activities conducted through your account whether authorised by you or not until you have notified us of such unauthorised use and we have stopped access to your user account. If we have reason to believe that there is likely to be a breach of security or misuse of your account, we may change any or all of your password or security code and notify you accordingly.
(d) We reserve the right to suspend or terminate forthwith your right to use your user account if we have reason to believe that your password is being misused.
6. Right of Cancellation and Refunds
You have the right to cancel any item or service you have ordered on this Website and obtain a full refund, subject to the following:
(a) In cases of online orders the amount paid would be refunded in full if the cancellation is made before the Sample kits are despatched by the Company. There would be no refund thereafter.
(b) In cases of orders placed at our facility there would be no refund once the Order is received.
(c) We seek to ensure that you are happy with your purchases. If you are unhappy with any goods or services which you have purchased from us please contact us with your details as described on the Contact page on the Site
(d) Apart from your cancellation right, where any valid claim in respect to any item or service sold by us is based on any defect in the quality or condition of the items or service or their failure to meet specification, we shall be entitled to replace the goods or service (or the part in question) free of charge or, at our sole discretion, refund the price of the items or service (or a proportionate part of the price), but we shall have no further liability to you to the fullest extent permitted by law.
You agree to indemnify us and keep us indemnified in respect to all loss or damage suffered by us in connection to your use of the Site in breach of this Agreement and in respect of all claims or legal proceedings brought or threatened against us by any third party which arise in connection to your use of the Site in breach of this Agreement.
(a) We may revise this Agreement at any time and for any reason. Any such revised terms shall be posted on the Site and where such revisions are material they shall be notified to you by means of a notice on the Site indicating the date of revision and you shall be asked to confirm your acceptance to such revised terms by clicking on an acceptance icon.
(b) This Agreement shall be governed by the laws of India. The courts of competent jurisdiction at Chennai, India shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with this Agreement.