Last Revised: 18th March 2020
TERMS AND CONDITIONS
1. GENERAL
1.1. This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2. These Terms and Conditions (“Terms”) read with the privacy policy available at https://diagnostics.roche.com/in/en_gb/legal/privacy-notice.html as may be posted on this website, from time to time, shall govern your use/access of the website (“Website”), its related content, sites and hyperlinks owned maintained and operated by Roche Diagnostics India Private Limited and/or its affiliates (“Roche” and/or “we” and/or “us”). These Terms applies to all users (“you” and/or “yours” and/or “users”) of the Website.
1.3. If you do not agree to be bound by the Terms, please do not access this Website or click on “I Agree” button.
2. TERMS OF USE:
2.1. When using the Website, you represent that you understand and will comply with the following terms of use:
2.1.1. Availability of the Website: Access to the Website is permitted at Roche’s discretion. Roche reserves the right to withdraw, amend, or restrict, the service we provide on this Website without notice.
2.1.2. Unauthorized Uses: Roche in its sole discretion, may determine which uses of this Website are improper and/or unauthorized. Roche may take any appropriate action in response to unauthorized uses of this Website, including but not limited to blocking any User of this Website. This Website or is accessed via the World Wide Web, which is independent of the Website. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web. You agree not to use this Website to:
i.make fraudulent statements or other misrepresentations;
ii. use this Website in violation of any legal duty to a third party;
iii. intentionally or unintentionally violate any national or international statute, law, decree, rule and/or regulation;
iv. “stalk” or harass another person; or
v. collect or store personal data about others.
2.1.3. No viruses or other interference: You must not transmit or enable another person to transmit via the Website any virus or other information or material or otherwise use the Website in a way which:
i. tampers with, hinders the operation of or makes unauthorized modifications to the Website;
ii. inhibits any other user from using the Website;
2.1.4. Termination or suspension of your access: We may suspend or terminate your access to all or any part of the Website at any time, if you breach Terms in our reasonable opinion or at our discretion for any reasons as we may think deem fit.
2.1.5. Exactness / Accuracy not guaranteed: We have made significant efforts to accurately display the details that appear on this Website. However, we do not warrant/guarantee the content of this Website is accurate, complete, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, displayed on this Website.
3. NOT HEALTH ADVICE
3.1. By using this Website you acknowledge that the material provided is for informational purposes only. Nothing on this Website should be construed as or deemed to be advice or counsel regarding any health or medical condition, or the diagnosis or treatment of any health or medical condition. Users should not rely on the materials on this Website in deciding on a treatment plan, drug usage, or any other medical advice. Users are strongly urged to consult with a physician in connection with any and all treatment options.
4. DISCLAIMER OF WARRANTIES:
4.1. THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE WEBSITE ARE “AS IS, WHERE IS” WITH NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY KIND REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF THE CONTENT OF THIS WEBSITE. IN ADDITION, ROCHE AND ITS AFFILIATES FULLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON MEDICAL DEVICE, PRESCRIPTION DRUG, OR HEALTH PRODUCTS. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY ROCHE PRODUCTS DESCRIBED ON THE WEBSITE SHALL BE LIMITED TO THE WARRANTIES PROVIDED IN THE DOCUMENTS OF SALE OF SUCH PRODUCT, AND ANY LIMITATIONS INCLUDED THEREIN.
5. LIABILITY:
5.1. YOUR USE OF THIS WEBSITE, ANY WEBSITE LINKED THROUGH THIS WEBSITE, AND ANY MATERIAL AVAILABLE ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL ROCHE OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITE OR THE CONTENT CONTAINED HEREIN REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ROCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NEITHER ROCHE NOR IT’S AFFILIATES SHALL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, OR FINANCIAL LOSSES ASSOCIATED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED HEREIN. IN THE EVENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS LIMITED BY LAW, SUCH LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY DISCLAIMER OF LIABILITY THAT IS PROVIDED IN CONNECTION WITH ANY ROCHE PRODUCTS DESCRIBED ON THIS WEBSITE SHALL BE LIMITED TO THE WARRANTIES PROVIDED IN THE DOCUMENTS OF SALE OF SUCH PRODUCT, AND ANY LIMITATIONS INCLUDED THEREIN. YOU ARE RESPONSIBLE FOR THE CORRECT HANDLING OF ANY ROCHE PRODUCTS AND MUST FOLLOW THE INSTRUCTIONS OF THE PACKAGE INSERT AND WARNINGS ON THE LABEL. ROCHE SHALL NOT ASSUME ANY LIABILITY FOR DAMAGES RESULTING FROM WRONG HANDLING OF SUCH PRODUCTS.
6. INDEMNITY:
6.1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ROCHE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYERS AND AGENTS, FROM ANY LIABILITY, DAMAGES, LOSSES, PENALTIES AND COSTS OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES) MADE DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHER ONLINE SERVICES PROVIDED BY ROCHE; YOUR VIOLATION OF THESE TERMS; OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
7. THIRD PARTY CONTENT:
7.1. Any link contained on this Website which provides access to third party resources or content is provided for convenience only. Roche does not express any opinion on or endorsement of the content of any such third party links and expressly disclaims any liability for the quality, content, nature, or reliability of any such third party resources and the information, products and services found thereon.
8. COPYRIGHT AND TRADEMARK:
8.1. Roche and/or its affiliates owns the copyright in all material and information contained on the Website unless otherwise indicated. This Website and all materials and information herein are for informational purposes only and are subject to all applicable laws. Any reproduction, retransmission or other use is strictly prohibited. You may print one copy and may download extracts of any page(s) from the Website for your personal reference. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must always acknowledge Roche’s status (and that of any identified contributors) as the author of material on this Website. You must not use any part of the materials on the Website for commercial purposes without Roche’s written permission. Roche is licensed to use all intellectual property in the content of this Website and reserves the right to pursue any intellectual property infringement in the courts of any country where Roche suffers damage. No license is granted to you to use any trademark of Roche or their Affiliates. You shall not assert any claim or ownership to any such trademarks.
9. NO OFFERS OR SOLICITATIONS; FORWARD-LOOKING STATEMENTS:
9.1. The information provided on the Website does not constitute an offer of or solicitation for the purchase or disposal of, trading, or any transaction in any Roche securities. Investors must not rely on this information for investment decisions. This Website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.
10. MISCELLANEOUS
10.1. Applicable Law: The courts of Mumbai, India will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The laws of India govern these Terms.
10.2. Minors: The use of this Website is not intended for children under the age of 16. Moreover, all minors should seek their parent’s or guardian’s permission prior to use of this Website.
10.3. Changes to these Terms and Conditions: Roche reserves the right to change these Terms at any time by publishing the amended Terms on the Website. You should visit this page from time to time to review updates to the Terms that are binding on you. Certain Terms may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you.
10.4. Severability: If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by Roche of breach of an obligation arising under these Terms and Conditions shall constitute a waiver of any other breach.
10.5. Contact Information: Please contact us with any questions or concerns regarding these Terms, or any notices or complaints at Roche Diagnostics India Private Limited, 501/601 B, Silver Utopia, Cardinal Gracious Road, Andheri East, Chakala, Mumbai, Maharashtra, India 400069.
