Safe | Accurate | Easy on the Patient
Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS:
Welcome to www.datarpgx.com. All information and services displayed on the www.datarpgx.com website constitute an “invitation to offer”. Your request for availment constitutes your offer which shall be subject to the terms and conditions as listed below. All the terms and conditions form an Agreement regulating our relationship with regard to use of online transactions.
All the terms and conditions must be read very carefully. If you do not agree to any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legal binding agreement between you and DCG.
“User”/ “You” means and includes you and/or any person or an entity using or accessing the services provided on this Site.
“Site” means the online transaction platform owned and operated by DCG which provides a venue to the users of DCG to buy the products/services listed on www.datarpgx.com
“Services” connotes Pay / Part Pay for the Forms that appears in our website i.e. www.datarpgx.com where the user/ applicant can fill the form online and services promoted / displayed on the Site and offered for any use / sale.
“DCG” means Datar Cancer Genetics.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE:
When you visit www.datarpgx.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CREDIT CARD DETAILS
To avail of and use our Services you will have to register with DCG with details of your information like email-id, name, mobile / telephone number, date of birth etc. and then you have the option to submit the form with online payment option. As a part of registration process you agree to provide credit card details etc. You agree, understand and confirm that the credit card details provided by you for availing of services offered by DCG will be correct and accurate, and you shall not use the credit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all contents / credit card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify DCG or its affiliates for all claims arising out of any content / credit card details that you post on the Site. You further agree and undertake to provide the correct and valid credit card details to DCG. DCG will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
You acknowledge and agree that DCG may preserve content and the said information will not be utilized and shared or disclosed by DCG with any third party unless required to do so by law or in good faith or honest belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, law, regulation or court order;
(b) enforce the Terms and Conditions of this agreement;
(c) respond to claims that any credit card details violate the rights of third-parties;
(d) respond to your requests for customer service.
REVISION OF CHARGES / SERVICES
DCG reserves a right to revise the fees or other charges, or withdraw / suspend / cancel / discontinue any or all of the services without prior notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice and at the sole discretion of DCG.
CANCELLATION / REFUND POLICY
Cancellation of Test is allowed only up to the receipt of sample at our facility by writing to us at email@example.com. In such a case we will refund any payments already made, after accounting the logistical/kit charges. Refund will be processed within 7-10 working days in the original mode of payment.
NON-DELIVERY OR LATE DELIVERY DUE TO MISTAKES OF USER
In case of non-delivery or late delivery of service, partially or entirely due to a mistake by the user (i.e. wrong / incomplete name / address or recipient not available), is chargeable to the user placing the request / using the form.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and DCG and you shall have no authority to bind DCG in any manner, whatsoever.
DOWNLOAD BROCHURE + SAMPLE REPORT:
On my request, Datar Cancer Genetics (DCG) has agreed to permit me to access and download a copy of the brochure and specimen Test Report on the following express conditions which I hereby declare are binding on me and also declare that but for such acceptance by me, DCG would not have permitted me to download and obtain printout of the said brochure and specimen report. I have read the Terms and Conditions set out below carefully and after full consideration and understanding of my responsibility, and the fact that the information is provided to me for my bona fide personal use and made available in ‘trust’, I subscribe to the same as under:
Terms and Conditions:
- I have correctly declared my true legal name in the information submitted at the time of my request.
- That I am a person above the age of 18 years and legally competent to enter into a lawful and binding contract.
- That I expressly recognize and do not dispute that DCG is the sole Copyright holder and Intellectual Property holder in respect of all contents in regard to the test procedure, the process of analysis, layout and contents of the Brochure / Report, the design and artwork and all such other intangible and intellectual property of DCG which is materially related to the said Report and I undertake not to infringe and/or prejudicially use and/or disclose to any third person the said information / report / material particulars to the prejudice of DCG.
- That I shall not directly or indirectly derive any commercial benefit from the said material so downloaded by me and/or any intellectual property related thereto.
- I recognize and declare that in case of breach of any of the aforesaid express covenants and all the implied duties of a trustee, DCG would be entitled to both monetary and injunctive reliefs against me and I consent to passing an injunctive order against me in the event of infringement / breach of the aforesaid undertakings and declarations.
- I solemnly declare as above.
GOVERNING LAW AND JURISDICTION
This agreement and the relationship between you and DCG shall be governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, India, in all disputes arising out of or relating to the use of the sites/services.
SETTLEMENT OF DISPUTES
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the first instance. Unresolved disputes or differences shall be referred to a Sole Arbitrator to be appointed/nominated by DCG. The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and any modifications thereon and rules made thereunder and the law governing the same shall be Indian Laws. The seat of arbitration shall be at Mumbai or at the sole discretion of the DCG.
DCG shall have no liability to you for any interruption or delay in access to the Site and service irrespective of the nature of the cause.
WAIVER AND SEVERABILITY
The failure of DCG to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You shall indemnify and hold harmless DCG and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.
By using DCG’s sites and services, you signify your acceptance of this “Privacy Statement” and “Terms and Conditions”. If you do not agree or are not comfortable with any policy / terms described in this document, your only remedy is to discontinue use of DCG sites. We reserve the right to modify this Privacy Statement at any time.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Datar Cancer Genetics Ltd is a Company registered under the Companies Act, 1956 and our registration number is U01110MH1992PLC067409.
Registered Office Address: Datar Cancer Genetics, F8, D-Road, Ambad, Nashik, Maharashtra (India) 422010.
2. The information we collect
2.1 Data Protection Act
We will hold and use the information you disclose during the online transaction in strictest confidence and we will not disclose it to any third party.
Contact information may be used to send you information (by post, phone, e-mail or mobile message) on other products and services provided by our company. If you do not wish to receive promotional or marketing information, you can contact us by sending an e-mail to firstname.lastname@example.org.
3. Keeping your information secure
We use the latest technology to protect the information we hold or control against loss, misuse, alteration or pilferage.
Please note that the internet and emails may not be 100% secure. Do bear this in mind before disclosing personal and confidential information.
4. External links to other websites
We do not accept responsibility for the content or privacy practices of any website that our website links to using a hypertext link. We provide these links ‘as is’: we do not provide or imply any warranty for the information that they provide.
5. Payments by credit, debit cards and net banking
If you would like to pay by credit card, debit card or net banking, we will act solely as the facilitator of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit card, debit card or net banking, the payment method provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the interim recipient of the payment. We have outsourced the transaction mechanism to CCAvenue and have entered into a NDA with them.
6. Customer-initiated order cancellations and changes
You can make changes to or cancel your order at any time before your order has been processed and before sample collection. To make changes to your processed order, please contact us at email@example.com
7. Refund policy
You may be entitled to refund (total / partial) of the amount in case the test is canceled / sample collection does not happen / sample is rejected etc. as per terms of the Company’s refund policy.
8. Liability to you
If the transaction made by you is in any way a fraudulent / void transaction, the company does not take any onus of such transaction and reserves the right to recover the amount through other means.
9. Personal information
10. General terms
The contract for sale of ordered services will be solely between you and DCG and is governed by the laws of India.
Any dispute arising from this transaction is subject to the laws of India and would be subject to the jurisdiction of the courts in Mumbai, India.
please e-mail us at: firstname.lastname@example.org
This website, www.datarpgx.com/, is operated by Datar Cancer Genetics.
WHAT ARE COOKIES?
Cookies are a small text files that are stored in your web browser that allows Datar Cancer Genetics or a third party to recognize you. Cookies can be used to collect, store and share bits of information about your activities across websites, including on Datar Cancer Genetics website.
Cookies might be used for the following purposes:
- To enable certain functions
- To provide analytics
- To store your preferences
- To enable ad delivery and behavioural advertising
Datar Cancer Genetics uses both session cookies and persistent cookies.
A session cookie is used to identify a particular visit to our Website. These cookies expire after a short time, or when you close your web browser after using our Website. We use these cookies to identify you during a single browsing session, such as when you log into our Website.
A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies where we need to identify you over a longer period of time. For example, we would use a persistent cookie if you asked that we keep you signed in.
WHAT ARE YOUR COOKIES OPTIONS?
If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit the help pages of your browser.
You acknowledge and agree that DCG may preserve content and the said information will not be utilized and shared or disclosed by DCG with any third party unless required to do so by law or in good faith or honest belief that such preservation or disclosure is reasonably necessary to.