Terms & Conditions

Last Modified: June-2022

Transcell Oncologics Private Limited (herein referred as the “Company”) is a company registered under the provisions of Companies Act, 2013 having its registered office at 8th floor Western Pearl, Kondapur Hyderabad Rangareddi TG 500084 IN, owns and maintains the website, www.hemato.global (hereinafter referred to as “Website” or “Hemato”).   

1.             Applicability of the Terms

1.1         The Terms of Use (the “Terms”) herein sets out the terms and conditions for availing the services offered by the Company by using Hemato.  

1.2         The term “Services” shall mean and include the predictive genetic analysis, stem cell cryostorage, Hematopoietic stem cell transplantation, and such other services that are offered by the Company through Hemato.

1.3         For the purpose of these Terms, along with any amendments to the same, and wherever the context so requires “You”, “Your”, “Yourself” or “User” shall mean any natural or legal person who has agreed to become a user of Hemato by accessing it. You hereby agree and acknowledge that by accessing or using the Services offered by the Company, you hereby expressly confirm that you have read, understood and agree to comply with and be bound by the Terms.

1.4         In the event, you do not agree to any or all of the Terms, you are requested not to access and use any of the Services offered by the Company through the Website.

1.5         You understand that the Company may amend the Terms related to the Services from time to time as it may deem fit and necessary. Any amendment to the Terms shall be effective upon the Company’s posting of such updated Terms on the Website and there shall not be any specific notice for the same, and you agree to be updated with the latest amendments, alteration or modifications, so made by the Company in the Terms.

2.             Registration

2.1         Wherever applicable, you agree to sign up and create an authenticated account (the “Account”) by providing all required information in order to access or use the Services (the “Sign-in Process”). You shall identify a username and password and provide the requisite information for creating your Account on Website.

2.2         You agree and acknowledge that you shall:

2.2.1        create only 1 (one) Account using your credentials unless approved expressly in writing by the Company;

2.2.2        provide accurate, truthful, current and complete information when creating your Account and in all your dealings through the Company;

2.2.3        maintain and promptly update your Account information and the health tracker, if required;

2.2.4        maintain the security of your Account by not sharing your password with others and restricting access to your Account; and

2.2.5        promptly notify the Company if you discover or otherwise suspect any security breaches relating to Hemato.

2.3         You agree and acknowledge that any and all activity undertaken by you from the Account shall be your sole responsibility and the Company shall not be responsible or liable for the same in any manner towards you or any other third-party.

2.4         In the event, the Company finds the information, so provided by you, to be untrue, inaccurate, outdated, or incomplete, then it shall be entitled to terminate your Account and refuse current or future use of any and/or all of the Services and you shall be liable to indemnify and hold the Company harmless and/or its affiliates, directors, employees, and agents to the extent of the loss incurred.

2.5         The Company will not be liable for any loss or damage arising from the failure on your part to comply with the provision of these Terms. Further, you agree to indemnify and hold the Company and/or its affiliates, directors, employees, and agents harmless from any claims or damages suffered by the Company and/or its affiliates, directors, employees, and agents due to any use of the Account.

3.             User’ Obligations

3.1         You will be eligible to use the Services only by registering with the Company and fulfilling following qualifications: 

3.1.1        You should be above the legal age of 18 years, and

3.1.2        You have legal capacity to enter into contract and not specifically disqualified.

3.2         You undertake not to:

3.2.1        Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;

3.2.2        Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. You may be exposed to content from other Users or third parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content;

3.2.3        Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise the Website;

3.2.4        Use the User information made available through the Website to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;

3.2.5        Use the User information made available through the Website to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;   

3.2.6        Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

3.2.7        You are also prohibited from violating the security of the Website. In case of any violations of system or network security, the Company shall be entitled to take necessary remedial actions including but not limited to taking any civil or criminal action.                    

4.             Privacy Policy

4.1.         The Company respects your privacy and has accordingly formulated a privacy policy, in compliance with the applicable laws (the “Privacy Policy”).

4.2.         The use of any personal information shall be governed by the Privacy Policy as provided on this Website and amended from time to time.

4.3.         Kindly              click here to access the Privacy Policy of the Company.

5.             Remedies

5.1.         In the event, you are found to have violated any of the Terms, the Company reserves the right to do any or all of the following:

5.1.1.         Take any action remediating any violation in such a manner that it may deem fit and necessary including all necessary legal, civil and criminal actions,

5.1.2.         Terminating your registration from using the Services and the Website temporarily and permanently,

5.1.3.         Seek indemnification and/or compensation to the extent of loss or damage caused to the Company.

5.2.         You acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services.

6.             Information Security

6.1.         The Company acknowledges that it employs industry standard security protocol and/or reasonable security standards as per the laws governing information technology and/or data protection and privacy to ensure that the information that are stored, transmitted or transferred through the Website is protected and the same is hosted on a secure server.

6.2.         The Company shall not be held responsible for the loss of your information that takes place despite following standard security protocol and/or reasonable security standards.  

6.3.         In order to keep your Account safe, you agree to maintain the confidentiality of the username and password, and to change the password of the Account periodically.

6.4.         You will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur from the Account.

7.             Intellectual Property

7.1.         The Company, its technology, computer programs, codes, all information available thereon, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the Website, are the exclusive intellectual property of the Company and/or its affiliates.

7.2.         Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on the Website, without express and written approval of the Company shall be violation of the relevant intellectual property laws. The Company and its associates reserve the right to initiate and pursue any and all necessary legal and/ or other action against any such user for infringement of the Company and/ or its associates’ intellectual property. 

8.             Termination

8.1.         The Terms shall remain in full force and effect unless and until the Account is terminated in accordance with the Terms.

8.2.         You may deactivate the Account and end the registration with the Company at any time, for any reason by sending an email to            info@hemato.global, which shall be authenticated with a One Time Password (“OTP”) provided that such termination shall not absolve you of any liability towards the Company arising from the Services or your use of the Website.

8.3.         The Company may also suspend or terminate your use of the Website, and/or the Account, at any time, for any breach of these Terms.

8.4.         Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to this Website pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services to you.

8.5.         The Company further reserves the right to terminate these Terms or discontinue the Services provided through this Website or any portion or feature thereof for any or no reason and at any time without any liability towards you or any other third-party.

8.6.         The Company will not be liable to you for any costs, expenses, or damages as a result of the termination of these Terms.

9.             Disclaimer & Warranties

9.1.     The content and all the Services associated with the Website are provided to you on an “as-is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the content or operation of the Website or of the Service. You expressly agree and acknowledge that your use of the Service is at your sole risk.

9.2.      The Company makes no representations, warranties or guarantees express or implied, regarding (a) the accuracy, reliability or completeness of the content on the Website, or (b) of the Services expressly disclaims any warranties of non-infringement or fitness for a particular purpose.

9.3.      The Company engages and employs the best methods to safeguard and protect against viruses, infection, et cetera, however, despite such best efforts, the Company makes no representation, warranty or guarantee that the content that may be available through the Service is free of infection from any viruses, bugs or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

10.         Limitation of Liability

10.1.     Neither the Company nor any of its affiliates/representative shall be liable for:

10.1.1.     any indirect, incidental, special, consequential or punitive damages resulting from the use or the inability to use the Website and/or damages for lost profits, loss of data, goodwill or other intangible losses by the User;

10.1.2.     User interaction and associated issues the User has with any third party which is providing certain services to the User via the Website (the “Service Provider”);

10.1.3.     the ability or intent of the Service Provider(s) or the lack of it, in fulfilling their obligations towards Users;

10.1.4.     any wrong service being given by the Service Provider(s), or any negligence on part of the Service Provider(s);

10.1.5.     inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed Services;

10.1.6.     any misconduct or inappropriate behavior by the Service Provider or its staff;

10.1.7.     cancellation of booking by the Service Provider or rescheduling of booking or any variation in the fees charged;

10.1.8.     any unauthorized access to or alteration of the User’s transmissions or data; or

10.1.9.     any other matter relating to the Website or the Service.

11.         Indemnification

11.1.     You shall indemnify and hold harmless the Company and/or its affiliates, directors, employees, and agents against any loss or damage suffered on account of fraud, willful neglect and loss of data done and/or caused by you and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim brought against the Company by any third party.

12.         Governing Law and Jurisdiction

12.1.     These Terms shall be governed by, interpreted and construed in accordance with the laws of India.

12.2.     In case of any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website (collectively, “Disputes”), the Company and you shall attempt to settle the same amicably, through negotiation and consultation at such offices of the Company as the Company may designate.

12.3.     In the event the dispute remains unresolved for 15 (fifteen) days, either party may refer such dispute to arbitration according to the provisions of the Arbitration and Conciliation Act of 1996 as amended from time to time, to a sole arbitrator appointed mutually by the parties.

12.4.     The language of the arbitration shall be English and the arbitral award shall be binding on both the parties.

12.5.     The seat and venue of the arbitration shall be Hyderabad, State of Telangana unless otherwise mutually agreed by the Company and you in writing.

13.         Non-repudiation

13.1.     Any and all actions undertaken by you and/or your affiliates, directors, employees, agents, and/or personnel on the Website shall be deemed as actions approved by you including and not limited to transfer/change of passwords and the Company shall not have any liability towards such actions.

14.         Miscellaneous

14.1.     These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.

14.2.     No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for your convenience only.

14.3.     In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

14.4.     All the rights and obligations of the Company under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

14.5.     The Company reserves the right to research and publish general user behavior categorized at its discretion.

14.6.     By using the Website, you agree to receive account and feature e-mails, calls, messages and flash messages from the Company.

14.7.     The Company uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing the Services to you, the Website may allow authorized third parties to place or recognize a unique cookie on your web browser. The Company does not store personally identifiable information in the cookies.

15.         Entire Agreement

15.1.     These terms, including Privacy Policy, constitutes the entire agreement between you and the Company and governs your use of Hemato, superseding any prior agreements between you and the Company with respect to the Website.