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MolQ

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Terms and Conditions

This website i.e. “www.molq.in ’ (“Website”) is owned, managed, and operated by MolQ Laboratory, an enterprise of Molecular Quest Healthcare Private Limited (“Company” or MOLQ Laboratory”).

Please read these Terms of Use (“Terms of Use”) before using the Website. These Terms of Use set forth the standards of use of Website and/or use of Services.

Any reference to the words “You” or “Your” as used herein refer to the person(s) accessing or using the Website for any purpose and includes any employee(s), agent(s) of the person(s) accessing and using this Website to avail the Services and any reference to the Company includes its affiliates.

  1. BINDING ACCEPTANCE

By using the Website and accepting the privacy policy You represent that You have read and agreed to be bound by these Terms of Use, as well as rules, privacy policy, and any additional terms referred to herein. Your access to the Website and/or use of the Services constitutes Your acceptance of all the provisions of these Terms of Use. If You disagree with any part of these Terms of Use, You may not access or otherwise use this Website in any manner.

  1. ELIGIBILITY

By using the Website and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into a contract with the Company in respect of the Services being offered by the Company and to abide by all of the terms and conditions set forth herein. In particular: –

(i) You accept financial responsibility for all transactions made under Your name or account.
(ii) You are 18 years of age or over and have the legal capacity to enter into a contract to form the binding contract in Your jurisdiction
(iii) You represent and warrant to the Company that You will use the website in a manner consistent with all the applicable rules and regulations

  1. REGISTRATION

3.1 To avail the Services, You will be required to register on the Website by following the registration process as mentioned hereinbelow:
(i) Create Your Account by choosing a ‘Username’ and ‘Password’.
(ii) Fill Your basic information such as name, age, sex, e-mail address, billing address, collection address, zip/postal code, and phone number. You warrant that all information You provide about Yourself or anyone else shall be true and accurate. In case, any of the information provided by You is found to be false or inaccurate, the Company may in its sole discretion, block/remove Your account.

3.2 On completion of the registration process, You will become entitled to avail the Services being offered by the Company, subject to payment of the Fee.

  1. USE OF SERVICES

4.1 The term “Services” means and includes the diagnostic tests/health packages provided by the Company at its most advanced state-of-art testing facilities as per the Directory of Services (DoS) or mentioned on the website during the date of booking.
4.2 The use of the Website entitles You to avail the Services (subject to completion of registration process) in the following manner:

(i) to view the test/health package(s) being offered on the Website and book the test/health package(s) which suit Your requirements.
(ii) select any of the options i.e. (a) Visiting at any of our testing facility(ies) to give sample or (b) Home Service (if available, at the nearest testing facility) in which case the Company shall send its representative(s) to Your home for collection of the sample.
(iii) after collection of Your sample, You will receive Your order ID and other details by e-mail on Your registered e-mail ID or by SMS/WhatsApp on Your registered mobile number;
(iv) once Your test report is ready, You will receive a link to download Your test report by e-mail on Your registered e-mail ID or by SMS/WhatsApp on Your registered mobile number.
4.3 The Services are non-transferable i.e. only the person in whose name the test/health package(s) is assigned at the time of booking will be eligible to avail the Services.
4.4 For availing the Services, booking is to be done at least a day in advance before 5 p.m. on a business day. In case a booking is done after 5 pm on a business day, the sample will be collected only on the business day following the next business day.
4.5 You are required to carry a photo-identification card and Your Order ID at the time of the visit to the testing facility or at the time of availing Home Service.

4.6 You will be required to follow strictly the instructions/guidelines that is provided by the Company on its Website before giving a sample for the test/health package(s).
4.7 The Company reserves the right to change the nature of Services as mentioned in clause 4.1 at its sole discretion and by notifying the same on the Website.
4.8. You should take all the responsibility for Your actions in availing the Services though use of Website and MolQ shall not be liable for any such action.
4.9. Notwithstanding anything to the contrary contained elsewhere herein, You represent that You are not a person barred from receiving the Services under the laws as applicable in India.

4.10 You confirm and acknowledge that MolQ shall not be liable or responsible for any deficiency in payment of consideration payable towards the Services booked by You through use of the Website. In case of any deficiency in payment of consideration by You, MolQ is not bound to provide You a Test report.

4.11 MolQ shall not offer any refund against the Services already booked through use of the Website unless any error has occurred during the booking of Services.

  1. INTELLECTUAL PROPERTY AND OWNERSHIP

All rights, title and interest in and to the Website, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Website, and the compilation of the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), and other materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights and other intellectual property and proprietary rights therein is owned solely and exclusively by the Company. Your use of the Website does not grant to Your ownership of any content, code, data, or materials You may access on the Website. Any commercial use or exploitation of the Website is strictly prohibited. The material may only be used for Your personal use for non-commercial purposes. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, code, data, marks, and/or other materials available on the Website in whole or in part.

  1. CONFIDENTIALITY

6.1 For the purpose of this Agreement, “Confidential Information” means all non-public information disclosed by a Party or its employees, agents, or contractors (collectively, the “Disclosing Party”) to the other Party, its Affiliates its employees, agents or contractors (collectively, the “Receiving Party”) that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes in relation to Company, non-public information relating to the Company’s technology, methods, processes, customers, business plans, business and operating processes, promotional and marketing activities, finances, and other business affairs, etc. and in relation to You, the personal information disclosed by You while making a booking and the information relating to Your Account, username or password, and Your test report(s).

6.2 The Receiving Party will, at all times maintain, and cause its agents, employees, contractors, and Affiliates to maintain the confidentiality of all Confidential Information belonging to the Disclosing Party. The Receiving Party will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information by it or any third party, including, at a minimum, those measures it takes to protect its own Confidential Information of a similar nature. The Receiving Party will not use Confidential Information of the Disclosing Party for any purpose whatsoever other than those specifically set forth herein.

6.3 The obligations set forth in Clause 6.2 do not apply if and to the extent the Receiving Party establishes that: (a) the Confidential Information disclosed to the Receiving Party was already known to the Receiving Party, without obligation to keep it confidential; (b) the Receiving Party received the Confidential Information in good faith and without restriction from a third party lawfully in possession thereof without obligation to keep such Confidential Information confidential; (c) the Confidential Information was publicly known at the time of its receipt by the Receiving Party or has become publicly known other than by a breach of this Agreement; (d) the Confidential Information is independently developed by the Receiving Party without use of the other Party’s Confidential Information; or (e) the Confidential Information is disclosed by the Receiving Party with the prior written approval of the Disclosing Party (f) the Confidential Information is required to be disclosed by Applicable Law or by judicial or administrative process.

  1. RESTRICTIONS ON USE OF WEBSITE

7.1 You will use the Website in a manner consistent with any and all applicable laws and regulations.

7.2 You shall not use the Website:
(i) in a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
(ii) in any way that breaches any applicable local, national or international law or regulation; or
(iii) in a way that infringes any third party’s intellectual property rights, proprietary rights or rights of publicity or privacy; or
(iv) in a way that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; or
(iv) that is known by You to be false, inaccurate or misleading.

7.3 In addition, You agree that You shall not:

(i) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of the Company;
(ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iii) take any action or use any device, routine or software that imposes, or may impose, in the discretion of the Company an unreasonable or disproportionately large load on the Company’s infrastructure or which inhibits or interferes with the running of the Company’s Website or any booking concluded upon it, or,
(iv) deep-link to any portion of this Website for any purpose without express written permission of the Company.
(v) create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or Service or otherwise interfere with other users’ use of the Website and/or Service;
(vi) submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;
(vii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.(viii) Steal any other person’s personal information like debit/credit card number, password, CVV, Card end date and use it to do the online transaction on this Website in which case You shall be solely liable for all criminal and civil liabilities and shall hold MOLQ harmless from any such transaction(s).

  1. INDEMNIFICATION

You hereby undertake and agree to defend, indemnify and hold the Company and keep the Company and its Affiliates and each of their respective officers, directors, employees, agents or representatives harmless from and against all third party actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising out of or resulting from:

(a) Your use of the Website or the Services and breach of any of the Terms of Use by You; or

(b) any claim or proceeding brought by a third party against the Company due to the Infringement by You of any intellectual property rights of that third party.

  1. LIMITATION OF LIABILITY

9.1 Direct Damages. In the event that any Party breaches these Terms of Use, in addition to any other remedies provided pursuant to these Terms of Use or Applicable Law, the non- breaching Party will be entitled to recover from the breaching Party only the actual and direct damages that the non-breaching Party incurs on account of such breach.

 

9.2 Indirect Damages. notwithstanding any other provision contained in these terms of use, in no event will either party, a party’s direct or indirect affiliates, agents, suppliers, employees or representatives be liable for

(i) any indirect, incidental, special, punitive, exemplary or consequential damages of any kind in connection with or arising out of use of the website or services or

(ii) any costs, expenses, expenditures, investments or other commitments made in reliance upon or otherwise in connection with or arising out of use of the website or the services, under statute, in equity, at law or otherwise, whether or not the party has been advised of the possibility of such damage

  1. MODIFICATION OF WEBSITE AND TERMS OF USE

The Company reserves the right, at its sole discretion and at any time, to modify the Website, the Terms of Use and the Services offered by the Company. Such modification will take effect from the date of posting of such modification. You agree to review the Terms of Use every time You use the Website. Your use of the Website and/or the Services offered on or through the Website after any modification to these Terms of Use are posted will be considered acceptance of those changes by You.

  1. FORCE MAJEURE

Notwithstanding anything to the contrary contained herein, the Company will not be liable for failure to perform or delay in performing any of its obligations and functions hereunder to the extent that such failure or delay is due to fire, flood, earthquake, storm, hurricane or other natural disaster, act of foreign enemies strike, war (declared or undeclared), embargo, terrorist activities, nationalization, government sanction, blockage, labour dispute, lockdown, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other similar cause which includes any irresistible force and are beyond the reasonable control of the Company (“Force Majeure Event”) or any other break down, or interruption of electricity or any server, system, computer, internet or telephone service.

  1. TERM AND TERMINATION

12.1 These Terms of Use shall become effective for You immediately after Your registration process is completed and shall remain valid till Your Account remain active.

12.2. The Company reserve its rights to terminate Your Account any time in the following circumstances:
a. where Your Account remains unused for a period of six months or more; or
b. if in the opinion of the Company, You have breached any of the terms and conditions of the Use of Website or Services; or
12.3 Notwithstanding termination of Your Account, all clause(s) hereunder, which by its nature are expected to survive termination of Your Account shall continue to remain binding on You even after termination of Your Account.

  1. CONSEQUENCES AND LIABILITIES UPON TERMINATION

If Your Account is terminated on account of breach of any of the terms and conditions of the Use of Website or Services, then without prejudice to any other remedies available to the Company, You are not entitled to refund of the fees paid by You.

14 GOVERNING LAW AND JURISDICTION

The validity, construction, and enforceability of these Terms of Use shall be governed in all respects by the Laws of India. The Parties hereto agree that in respect of any dispute arising upon, over, or in respect of any of the terms contained herein, only the Courts in Gurugram shall have jurisdiction to try and adjudicate such dispute to the exclusion of all other Courts.

  1. DISPUTE RESOLUTION

If any dispute or difference shall arise between the Company and You relating to the Terms of Use of the Website or the Services or the rights or liabilities of the parties hereunder, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“the Dispute”) in this clause shall be determined as follows:

(a) A party must not commence court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising hereunder unless it has complied with this clause.

(b) A party claiming that a Dispute has arisen hereunder must give the other party written notice of the particulars of the Dispute.

(c) The parties shall first endeavour to settle such Disputes by mutual discussion. If the Dispute is not resolved within 30 days of the notice of Dispute, the same shall be referred to arbitration in accordance with the Arbitration & Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The place of arbitration shall be Gurugram or New Delhi. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitrator shall be final and conclusive and binding upon the parties.

  1. MISCELLANEOUS

16.1 Assignment: The Company may, at any time and at its sole discretion, assign any of its obligations to any other person without notice to You. However, You have no right to assign, sub-license or otherwise transfer any of Your rights hereunder to any other party, unless prior written approval is taken from the Company.

16.2. Severability: If any provision contained herein is held to be invalid or unenforceable or prohibited by law, such provision shall be inoperative but the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

16.3 Waiver: Any delay or omission on the part of any party to exercise any right, power, or remedy hereunder will not automatically operate as a waiver of such right, power, or remedy or any other right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion will not be construed as a continuing waiver of any successive or other rights, power, or remedy on any other occasion.

16.4 Privacy Policy: Use of the Website and/or the Services is also governed by our Privacy Policy. Therefore, You must read our Privacy Policy and accept the terms therein before using the Website and/or the Services. These “Terms of Use” and “Privacy Policy” of the Website constitute a binding agreement between You and the Company and is deemed accepted by You upon Your use of the Website.


16.5 Contacting the Website: If You have any questions about this Website policy, the privacy practices of this Website, or if You want to exercise any of the rights that You are given under this Policy, You can contact us contact@molq.in

16.6. Disclaimer: The Company does not access, store or keep credit card data. All credit card transactions happening using the specific software through banks or third-party gateways and the Company plays no role in the transactions, except for directing the customers to gateways or relevant webpage. Accordingly, MOLQ shall not be liable for any loss or damage due to any disclosure whatsoever of personal information by those banks or third-party gateways.

TERMS & CONDITIONS GOVERNING
THE TEST REPORT ISSUED

Assay(s) are performed at MolQ Laboratory is in accordance with the standard procedures mentioned on the receipt results. The results are dependent on individual assay method, equipment used, method specificity, sensitivity and the quality of specimen(s) received. The reports are therefore expected to be interpreted taking into consideration the above-mentioned facts. 

All investigation(s) have their limitations and isolated laboratory investigation may not confirm the final diagnosis of a disease. They assist in arriving at a diagnosis in conjunction with the clinical presentation and related other investigations. The result(s) are meant for the information and interpretation by the clinicians and should be corroborated with the clinical diagnosis. MolQ Laboratory is not responsible for the consequences of any interpretation made by non-qualified persons. 

The result(s) reported by the MolQ Laboratory are restricted to the given specimen only. 

A test(s) requested might yield Invalid Result/Preliminary Result/Result Pending/Result Held for Re-assay for various technical reasons and the responses will appear against the test name followed by a detailed comment at the end of report. In case of Invalid Result, it is expected that a fresh specimen will be required for the purpose of reporting on the same parameter(s). 

For the test(s) performed on samples received from Non-MolQ Laboratory locations, it is presumed that the specimen belongs to the patient named or identified, such verification having been carried out at the point of generation of the said specimen or sample. MolQ Laboratory is not responsible for the consequence / losses raised out of any wrong information provided. 

Partial reproduction of the report is not permitted. Prior written approval is required from the MolQ Laboratory for such reproduction of the report.

MolQ Laboratory disclaims of any nature whatsoever arising from or relating to the performance of the requested test analysis. The disclaimer and waiver shall specially apply to any claim of implied warranty and fitness for either a generator particular use, strict liability or any negligence not involving the actual testing performed as well as any claim for indirect, incidental or consequential damages, regardless of the asserted basis of recovery.

The reports are not for medico legal purposes.

If the result(s) of the test(s) is alarming or unexpected, the patient is advised to contact the MolQ Laboratory immediately for clarification and remedial advice.

Any query from the referring doctor pertaining to this report should be directed to the MolQ Laboratory via email at contact@molq.in or call +91-9999778778.

*For more information regarding “Terms & Conditions” Kindly visit to our website “www.molq.in

Disclaimer: Laboratory Investigations are limited by the sensitivity and specificity of the assay procedure & other related investigations to arrive at a conclusion.  For any test/service-related complaint/query please contact MolQ laboratory for solution. In case of any dispute, the jurisdiction will be at Head Office, Dehradun Uttarakhand. The financial liability or compensation of any sort is not more than the MRP of the test requested

PARTIAL REPRODUCTION OF THIS REPORT IS NOT PERMITTED


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