Terms and Conditions yellow template.
Posted on: 04/08/2023
Effective from: 08/08/2023

THIS DOCUMENT OF TERMS & CONDITIONS (“AGREEMENT”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER, AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED FROM TIME TO TIME. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS

This Agreement is a legally binding agreement between you (herein referred to as “you” or “your”) and Genrobotic Innovations Private Limited (along with our affiliates and successors herein referred to as “we”, “us” or “our”)

Your access to or use of our products, services, applications, platform or websites is subject to and conditioned upon your acceptance of this Agreement as it is

BY CLICKING “I ACCEPT” OR “I AGREE” ON THE SIGNUP/LANDING PAGE, OR BY ACCESSING AND/OR USING OUR PRODUCTS, SERVICES, APPLICATIONS, PLATFORM OR WEBSITES IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN FULL, THEN YOU SHOULD NOT USE OR OTHERWISE ACCESS OUR PRODUCTS, SERVICES, APPLICATIONS, PLATFORM OR WEBSITES; AND YOU MUST EXIT NOW

This Agreement governs the access to and use of our products, services, applications, platform or websites. We may, in our sole and absolute discretion and without any specific notice to you, update and change any part or all of this Agreement, including but not limited to the terms associated with the access to or use of our products, services, applications, platform or websites. If we update or change this Agreement, then the updated version will be posted at www.genroboticsmedical.com or on the relevant page of our products, services, applications, platform or websites. When we change/modify this Agreement, we will specify the ‘Last Modified’ / ‘Effective from’ date and the updated agreement will become effective and binding from such date. You are required to review this Agreement periodically/from time to time. Unless explicitly stated otherwise, any new features, services or products that change, augment or enhance our current products, services, applications, platform or websites shall be subject to the terms of this Agreement. Your access to and use of our products, services, applications, platform or websites is further subject to our Privacy Policy which is available on www.genroboticsmedical.com and is incorporated herein by reference. Our products, services, applications, platform or websites may be subject to additional guidelines, terms or rules, etc. which will be posted on our respective products, services, applications, platform or websites and shall be deemed to be incorporated herein by reference


I. INFORMATION AND CORRECTION 

  1. All information available on our website regarding our products and services including the images of our products, is for illustrative purpose only. Our products are customizable and we offer different features/versions of our products and services, on the basis of customer requirements
  2. Occasionally there may be information on our products, services, applications, platform or websites that contains errors, inaccuracies or omissions that may relate to product/service descriptions, specifications, illustrations, pricing, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information
  3. Certain products or services may be available exclusively through a specific channel such as ecommerce platform, resellers, distributors or third party portals. These products or services may have limited quantities or may be of limited edition


II. OUR PROPRIETARY RIGHTS

  1. This is an agreement for access to and use of our products, services, applications, platform or websites, and save and except as provided herein, you are not granted any right, title, interest or license to any intellectual property rights under this Agreement. Our products, services, applications, platform and websites are based upon our proprietary technology, intellectual property and confidential information. Our products, services, applications, platform and websites are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. Our products, services, applications, platform and websites, including all intellectual property rights therein, belongs to us or our licensors and are our or our licensors’ property
  2. Our names, logos, brands and other marks used by us from time to time are our trademarks and property. The appearance, layout, color scheme, and design of our products, services, applications, platform or websites are protected trade dress. Save and except as provided herein, you do not receive any right or license to use the foregoing
  3. We may enhance and/or modify any of our products, services, applications, platform or websites from time to time, in order to change them and/or change the user experience. Nothing in this Agreement shall prohibit us from making such enhancements and/or modifications to our products, services, applications, platform or websites
  4. We may use and/or incorporate into our products, services, applications, platform or websites any suggestion or feedback provided by you, without any payment or restriction


III. USER DATA AND LICENSE

  1. You may be permitted to upload, post, share or transmit or otherwise make available any User Data (as defined below). We assume that all User Data is of non-confidential and non-proprietary nature. You undertake not to upload, transmit or broadcast any User Data on or through our products, services, applications, platform or websites that you consider to be of confidential or proprietary nature
  2. Subject to the provision of this Agreement, you shall own and retain all rights to the User Data. We do not claim exclusive ownership of the User Data that you provide to us including through our products, services, applications, platform or websites
  3. Notwithstanding the foregoing, you hereby grant us a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable through single or multiple tiers, royalty-free and fully-paid license to: (i) copy, host, use, reproduce, modify, retitle, prepare derivative works of, improve, distribute, transmit, translate, paraphrase, excerpt, redact, publish, broadcast, archive, store, cache, remove, retain, add to, combine with information provided by third parties, and publicly display the User Data for any purpose, commercial, advertising or otherwise, including - (a) on, through or in respect of our products, services, applications, platform or websites; and/or (b) in our promotional and advertising materials; and/or (ii) sublicense to third parties such User Data to the extent necessary for the creation, operation and maintenance of, in part or in whole, our products, services, applications, platform or websites. You hereby also grant us, the perpetual and irrevocable right to delete any or all of the User Data from our products, services, applications, platform or websites, our servers/systems, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other person. No compensation will be paid to you with respect to our or our sub-licensee’s use of the User Data. You waive all moral rights in the User Data, and you warrant that the moral rights have not otherwise been asserted in the User Data
  4. By submitting, posting, uploading, transmitting or otherwise making available any User Data or by posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through our products, services, applications, platform or websites, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant us the license set forth above. You represent and warrant that: (a) you have the right to post, submit and make available the User Data, and to grant the foregoing license; (b) the User Data is not false, inaccurate, or misleading; and (c) the User Data will not infringe, misappropriate or violate any third-party rights (including any intellectual property rights), or applicable laws
  5. User Data is your data, and we are not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such User Data. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content (including User Data) submitted by you using our products, services, applications, platform or websites. You are solely responsible for the User Data, and you will defend, indemnify and hold us and our sub-licensees harmless from any third-party claim related to a breach of any of the foregoing obligations, representations and warranties. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the User Data
  6. The terms “User Data” means any and all information and data submitted by you, including without limitation, texts, writings, videos, audios, photographs, graphics, comments, suggestions, or personal information or other material that you provide or post, upload, input or submit for public or private display


IV. DATA MONITORING AND STORAGE

  1. We are under no obligation, but do reserve the right in our sole discretion, to correct, pre-screen, filter, modify, intercept and analyze traffic of, copy, backup, redirect, transmit, refuse, limit access to, suspend, freeze, and remove any and all thoughts, opinions, and other User Data etc. We may also monitor the access to and use of our products, services, applications, platform or websites by any of our users in order to analyze the access to and use of our products, services, applications, platform or websites and/or improve our products, services, applications, platform or websites or to add features useful to our users
  2. Furthermore, we may collect and use data related to such use, in an aggregate and anonymous manner, including compiling statistical and performance information related to the provision and operation of our products, services, applications, platform or websites. You agree that we may use and publish such aggregate and anonymous information. You consent that we may store, process and transmit information in locations around the world - including those outside your country. Information may also be stored locally on your devices that you may use to access or use our products, services, applications, platform or websites
  3. Notwithstanding the foregoing, you hereby grant us a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable through single or multiple tiers, royalty-free and fully-paid license to: (i) copy, host, use, reproduce, modify, retitle, prepare derivative works of, improve, distribute, transmit, translate, paraphrase, excerpt, redact, publish, broadcast, archive, store, cache, remove, retain, add to, combine with information provided by third parties, and publicly display the User Data for any purpose, commercial, advertising or otherwise, including - (a) on, through or in respect of our products, services, applications, platform or websites; and/or (b) in our promotional and advertising materials; and/or (ii) sublicense to third parties such User Data to the extent necessary for the creation, operation and maintenance of, in part or in whole, our products, services, applications, platform or websites. You hereby also grant us, the perpetual and irrevocable right to delete any or all of the User Data from our products, services, applications, platform or websites, our servers/systems, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other person. No compensation will be paid to you with respect to our or our sub-licensee’s use of the User Data. You waive all moral rights in the User Data, and you warrant that the moral rights have not otherwise been asserted in the User Data
  4. The use and disclosure of data and information is further described in the Privacy Policy


V. REPRESENTATIONS, WARRANTIES AND COVENANTS 

  1. You represent, warrant, and covenant that: (a) you have the power and authority to enter into this Agreement; (b) you are a natural person and are at least eighteen (18) years of age; (c) you will only access and use our products, services, applications, platform or websites in accordance with the terms of this Agreement; and (d) you are and will at all times be, in full compliance with all applicable laws
  2. In addition to other prohibitions as set forth in this Agreement, you are prohibited from accessing or using our products, services, applications, platform and/or websites: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, federal, provincial or state regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will, or may be used in any way that will affect the functionality, or operation of our products, services, applications, platform or websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent/bypass the security features of or restrictions on our products, services, applications, platform or websites; (l) to remove any logo, copyright or proprietary notices, disclaimer, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded therein; (m) to start a business (including reselling) or commercially exploit our products, services, applications, platform and/or websites; (n) to advertise or offer to sell goods and services; or (o) to post a review without firsthand experience
  3. Access to or use of our products, services, applications, platform or websites may not be legal by certain persons or in certain states or countries or jurisdictions; and if you use or access our products, services, applications, platform or websites from outside India, you do so at your own risk and are responsible for compliance with the laws of India


VI. THIRD-PARTY SITES

  1. Third-Party Sites, if any, are not under our control, we have not investigated, monitored, or checked for accuracy, appropriateness or completeness of such Third-Party Sites, and we are not responsible in any manner whatsoever, for the contents of any Third-Party Site, including without limitation any link contained in a Third-Party Site, or any changes or updates to a Third-Party Site
  2. We are not responsible for webcasting, or any other form of transmission received from or sent to any Third-Party Site. The Third-Party Sites are provided to you only as a convenience, and the inclusion of any Third-Party Site does not imply approval or endorsement by us of such Third-Party Site or our association with it. We are under no obligation, but do reserve the right in our sole discretion to pre-screen such Third Party Sites
  3. Many Third-Party Sites have their own ‘terms of use’ ‘terms & conditions’ that differ from ours, and hence this Agreement only applies to our products, services, applications, platform or websites and do not apply to any other site or information, products, or services on such sites
  4. The term “Third-Party Sites” means third-party websites linked-to or mentioned on our products, services, applications, platform or websites


VII. INDEMNIFICATION

You agree to fully indemnify, defend and hold us and our suppliers, licensors, licensees, affiliates, partners, subsidiaries, employees, officers, directors, representatives, agents and members (each an “Indemnified Party”) harmless from and against any and all, direct or indirect, claims, demands, losses, liability, costs and expenses (including, but not limited to, attorneys’ fees and dispute resolutions costs) (collectively, “Liabilities”), incurred by an Indemnified Party arising out of or related to: (i) your breach of this Agreement including without limitation your breach of any representations, warranties or covenants; (ii) the creation, use, or maintenance of the User Data, including, without limitation, any allegation that any User Data or any other information or content provided by you infringes a third person’s copyright, trademark or other proprietary or intellectual property right, or misappropriates a third person's trade secrets or is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable; (iii) any dispute or litigation between an Indemnified Party and a third party or any other third party claim caused by, arising from or relating to your actions or omissions in relation to this Agreement, our products, services, applications, platform or websites, any User Data; or (iv) your negligence or misconduct. These obligations will survive in perpetuity. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, licensees, affiliates, partners, subsidiaries, employees, officers, directors, representatives, agents and/or members


VIII. INJUNCTIVE RELIEF

You acknowledge that our products, services, applications, platform and websites contain valuable trade secrets and proprietary information of us and our other protected rights, and that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and hence injunctive relief is an appropriate remedy for such breach, which we shall be entitled to avail without any protest


IX. DISCLAIMERS

We may send you newsletters and other information regarding our products, services, applications, platform or websites, links to other related websites and/or specific questions related to your data and preferences. The information contained in these communications and resources may be compiled from a variety of sources and may or may not be authentic or authored by us. Reliance on any information provided by us or through or on our products, services, applications, platform and websites or other users is solely at your own risk