- The individual whose tests ("Test/s") are to be conducted ("Individual") shall be required to provide a saliva sample (the "Sample"), as per instructions contained in the Saliva Collection Kit (the "Kit") and provided in the prescheduled instruction call (the "Instructions Call") initiated by the Individual.
- If for any reason, the Individual is unavailable to initiate the Instructions Call, Indus may at its discretion reschedule the Instructions Call on another date/time.
- After the Instructions Call, the Individual shall be required to send the Sample to Indus at INDUS HOUSE, Pride Port, Model Colony, Shivajinagar, Pune, Maharashtra 411016 in the manner explained over the Instructions Call.
- Indus may be sending the Sample in a de-identified/ anonymized manner to its partners for the required testing and related services.
HEALTH RISK ASSESSMENT
Indus will be scheduling another telephonic session for conducting the Individual’s health risk assessment wherein the Individual shall be required to provide information in relation to his/her lifestyle choices, family health details, personal and family medical history, information/data and reports about past health check-ups done at Indus or elsewhere etc. This information will be used along with the Test report to provide genetic counselling and categorising the Individual into high/medium/low risk levels.
GENETIC COUNSELLING CALL
The Test results provided to the Individual (or to the natural/legal guardian in case of minors) through mail will further be discussed only with the Individual by a genetic counsellor, through a telephonic conversation (“Genetic Counselling Call”). If the Individual would like that the genetic reports should be discussed with anyone else, then that could be done only on a written request from the Individual. In case of minors, the genetic reports will be discussed only in presence of the legal/natural guardian of the minor Individual.
In the Health Risk Assessment and Genetic Counselling Call or any interaction with Indus, the Individual agrees to provide true, accurate, current, and complete Information about the Individual as required for the Services. If the Individual provides any information that is untrue, inaccurate, not current, or incomplete, or if Indus has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Indus shall have the right to refuse to provide the Services.
FURTHER USE OF THE SAMPLES:
- After analysis, the Sample, DNA extracted from the Sample and the data derived through the Sample, health risk assessment forms, the calls and any data as may be available to Indus during the course of providing services, may be used by Indus or any third parties permitted by Indus, for further analysis and recommending more tests in the future, for quality control purposes or to conduct research, studies or clinical trials and may also be published in journals and presented in conferences and seminars without revealing the Individual’s identity and maintaining confidentiality
- For some research studies, contacting the Individual (or natural/legal guardian, in case of minors) may be required. The Individual (or natural/legal guardian, in case of minors) consents to being contacted for this purpose and understands that the Individual:
- shall not be entitled to any sum of money or similar benefit if the Sample is used for such research.
- shall have no right to claim on the results and outcomes of the research study including the right to claim any ownership on the data, research, publications, patents or any intellectual property resulting from the Samples.
- The Sample, DNA extracted from the Sample and/or the data derived through the Sample shall be banked/stored at Indus or with its partners (at the discretion of Indus).
- The Samples will not be returned to the Individual. The Individual shall have the right to request destruction of such Sample or the information provided to Indus. However, such a request shall not entitle the Individual to a refund of the fees paid for the Tests.
The fees for the Services would be listed on Indus’s official website <<>> (“the Website”) or our services brochure/sales form/promotional material. The fees stated are exclusive of taxes unless stated otherwise and are in Indian rupees. The Individual understands that the Kits will be provided to you only after Indus receives the entire payment for the Services.
The individual availing the services of Indus (“User/s”) can pay for the Services through the modes of payment as may be acceptable to Indus from time to time and as mentioned in the Package Form.
If for any reason Indus does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, the User agrees to pay all amounts due upon demand by Indus.
If the transaction for card payments and e-wallets is declined or failed but the amount is deducted from the User’s account, the User is requested to wait for a few days and check if the amount is credited back to the User’s account. If the same has not been credited, the User shall contact their bank/e-wallet company as the case may be. The Kit will be shipped only after the entire payment is received by Indus.
No refund will be provided after 30 days from the date of receipt issued by Indus. Indus shall refund the applicable amount by Cross A/c Payee Cheque only if a written request reaches Indus within 30days from the date of receipt issued by Indus.
No Refund will be provided in the following events:
- If refund is asked for after completion of 30 days from the date of receipt issued by Indus.
- If the Kit is used before or not in conformance of the instructions provided on the Instructions Call.
- If the Kit is damaged at the time of use.
- If the Kit is provided to Indus without the duly signed consent form provided with the Kit
INDUS’S PROPRIETARY RIGHTS
All materials including, without limitation, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, available on the Website or the reports provided by Indus (“Indus Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Indus and its licensors.
Except as permitted by the copyright law applicable, the User or the Individual may not reproduce or communicate any Indus Content, without the permission of Indus.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Indus Content. Use of Indus Content for any purpose not expressly permitted by these Terms is strictly prohibited. Any unauthorized use of Indus Content may violate copyright laws, trademark laws, the laws of privacy and publicity.
PRIVACY & SECURITY
Indus reserves the right, in its sole discretion, to terminate the Services automatically upon the User’s material breach of any of the of these Terms.
The User agrees not to engage in any of the following activities:
Violating laws and rights
The User shall not (a) use the Services for any illegal purpose or in violation of any local, state, national, or international laws, (b) submit Samples of a third person unless you have been so authorized by such person, or if such person is below 18 years of age, you are his legal guardian.
The User shall not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
The User shall not impersonate another person or entity, or misrepresent their affiliation with a person, while using the Services.
The User agrees to defend, indemnify and hold harmless Indus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) the User’s use of and access to the Services; (ii) the User’s violation of these Terms; (iii) the User’s violation of any third-party right, including without limitation any right of privacy; (iv) the User’s violation of any applicable law, rule or regulation.
These Tests screen for select clinically relevant genetic variations in human genomic DNA to assess genetic risk or predisposition to various diseases and/or traits. These Tests may require further confirmatory tests and advice of a qualified medical practitioner before any action is taken and Indus shall not be responsible for the same. Genetic risks are merely indicators of the genetic condition of the individual. If data indicates no substantial genetic risk for a particular disease or condition, it does not imply complete protection of that individual from that particular disease. Similarly, if data indicates a substantial genetic risk for a particular disease or condition, it does not imply certainty to develop the disease or condition. The likelihood of an individual developing a particular health condition is substantially dependent on his/her lifestyle and other factors. Genetics is only part of the picture of any individual's state of being. Also, the understanding of genetic information is rapidly evolving and at any given time Indus can only comprehend part of the picture of the role of genetics, and only a trained physician or other health care provider can assess current state of health or disease, taking into account all the factors. Further, Indus’s services are largely dependent on the assistance provided by Indus’s partners depending upon their expertise in the relevant areas which shall cause certain variations in the Test results. Indus shall not be responsible for such variations or for the loss of your Samples or any information, due to malfunction or destruction of data servers or other catastrophic events beyond our control. The individual taking the test shall continue seeking any advice or treatment that he/she has been availing from any other qualified healthcare provider or qualified medical practitioner for any previously diagnosed ailments or disease. No part of Indus’s Services including but not limited to the reports, instructions call, genetic counselling call are intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. To the maximum extent permitted by applicable law, the services of Indus are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, or non-infringement.
LIMITATION OF LIABILITY
In no event shall Indus, be liable for any indirect, special, consequential, incidental or remote damages however caused, and whether based on contract, tort (including negligence), or any other theory of liability, regardless of whether Indus has been advised of the possibility of such damages. The direct liability of Indus for any and all claims arising out of the Tests shall not at any point exceed the fees paid for the Test under which the claim has arisen.
Indus understands that the Individual is entitled to receive sufficient information about what is proposed to be done, reliability of the Test, and what will be done with the collected Samples. Please contact Indus at firstname.lastname@example.org or 954562222 for any queries in relation to the Tests. Please note that we shall be recording all calls and maintaining records of all emails for our internal purposes.