1. DEFINITIONS
1.1. In this agreement, unless the context otherwise requires,
1.1.1. ‘Device’ means a device, usually electronic, that processes data according to a set of instructions, which may include workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
1.1.2. ‘Vgenomics’ means M/s. Vgenomics India Private Limited, a company registered under the Companies Act, 2013;
1.1.3. ‘Privacy Policy’ means the terms and conditions governing data from the User and provided at the Website of Vgenomics.
1.1.4. ‘Terms of Use’ means Website terms and conditions containing the provisions regarding the use of the Website;
1.1.5. ‘Upgrades’ means new versions of, and updates to, Website whether for the purpose of fixing an error, bug or other issue in the Website or enhancing the functionality of Website.
1.1.6. ‘User’ means the visitor or the person using the Website, and includes customer;
1.1.7. ‘Website’ means the present website of Vgenomics i.e., https://vgenomics.co.in/;
1.2. Words not defined herein are to be given their literal meaning accompanied by the context.

2. INTRODUCTION
2.1. Vgenomics possesses the copyright of the Website and reserves its right to license or relinquish it. Vgenomics merely provides the Website on an as-is with all faults and as available basis to the User.
2.2. By the mere use of the Website, the User agrees to comply with and be bound by the Terms of Use. Vgenomics offers this Website, including all information, tools, and services available from this site to the User, conditioned upon the User’s acceptance of all terms, conditions, privacy policies and notices stated here. In case the User disagrees to comply with and be bound of the Terms of Use, then such User is not allowed to access the Website of Vgenomics. In case the User is an entity, organization or company, then such individual on behalf of such entity, organization or company represents and warrants that they have the authority to bind such entity, organization or company to the Terms of Use.
2.3. Accessing, browsing or otherwise using the Website indicates the User’s agreement to all the terms and conditions under these Terms of Use. By impliedly or expressly accepting these Terms of Use, the User also accepts and agree to be bound by the privacy policy (as amended from time to time).
2.4. By using this Website, the User represents and warrants that:
a) they are at least 18 years old;
b) they have the lawful authority and capacity to contract and be bound by these Terms of Use;
c) If they are accepting these Terms of Use on behalf of a company, limited liability partnership or other legal entity, they have the authority to bind such entity to these Terms of Use and,
d) they comply with all applicable laws and regulations.

3. ACCESS AND USE OF THE WEBSITE
3.1. Vgenomics grants the User a limited, personal, non-exclusive and non-sub licensable right to use the Website, subject to the Terms of Use and the following representations and warranties:
3.1.1. The User may only access the Website using authorized and lawful means

3.1.2. Vgenomics shall not be liable for any failure or default to provide access to the Website on account of any failure or delay by the User to register with the Website for such access;

3.1.3. Any configuration or set up of devices for access to the Website shall be the User’s sole responsibility.
3.1.4. Vgenomics collect, store, process and use the User’s information in accordance with Vgenomics’ Privacy Policy. By using the Website and/or by providing personal information, non-personal information and other information, the User consents to the collection and use of such information as per the Privacy Policy;
3.1.5. The User will not knowingly submit or use any false or inaccurate information as the Personal Information, non-personal information and other information.
3.1.6. The User will not take any action that interferes with, degrades or adversely affects Vgenomics and/or the Website;
3.1.7. The User will not use the Website in a manner-
a) contrary to any law or regulation of India;
b) which can disrupt a third parties’ similar use;
c) harm or violates the interests of Vgenomics;
d) violate or tamper with the security of the Website;
3.1.8. The User will not use the Website, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libel, obscene, illegal or deceptive content;
3.1.9. The User will ensure that the Website is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or
provide unauthorized access to, the Website or any other software, hardware, services or data;
3.1.10. The User will not attempt to gain unauthorized access to any accounts, computer systems or networks connected to the Website, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to the User;

3.1.11. The User will not copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials and/or the services. The User will not use the Website to develop, or to assist anyone in developing a competitive website, service or for other competitive purposes;
3.1.12. The User shall be solely responsible for-
a) procuring and maintaining its network connections and telecommunications links from its systems to the Company’s data centres and
b) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to its network connections or telecommunications links or caused by the internet;

3.1.13. The User acknowledges that from time to time, Vgenomics may apply Upgrades and/or functionality of Website. The User may be required to install certain Upgrades or updates to the software in order to continue to access or use the Website, or portions thereof.
3.2. All communications transmitted through the Website, including without limitation, the Vgenomics’ messaging website and audio-video calls shall be monitored for quality assurance, training, record-keeping and other purposes. By accepting these Terms of Use, the User consent to any such monitoring, as per the Privacy Policy.
3.3. The Website may contain links to other Websites which fall under control of other individuals and companies. Vgenomics is not responsible for and does not endorse the contents of these Websites.
3.4. As a diligent and behaved person, the User agrees to exercise care, be prudent, and exhibit good judgment while leaving feedback for other Users of the Website. In case of feedbacks which are inappropriate or violates propriety or privacy of another User, Vgenomics in its sole discretion, may delete the User’s feedback or any of the postings; and may report to law enforcement authorities for any actions that may be illegal, and any reports it receives of such conduct. Whenever legally required or at its discretion, Vgenomics will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
3.5. The User may contact Vgenomics regarding any inappropriate use or feedback via-email at support@vgenomics.co.in.

4. INTELLECTUAL PROPERTY RIGHTS
4.1. The User acknowledges that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, design, service marks, etc.) and other proprietary rights in relation to the Website including without limitation any derivatives, improvements or modifications is owned and attributable to Vgenomics (excluding any personal information, intellectual property which belongs to a third party) and agrees not to infringe and cause any third-party to infringe. The User’s access to the website is given on limited ‘as-is’ basis.
4.2. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Website or the services shall vest wholly completely and fully with Vgenomics throughout the world and the User shall have no right or claim to such intellectual property in any manner whatsoever.
5. WARRANTIES AND LIABILITIES
5.1. The User understands and agree that use of the Website is at its own risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for title and non-infringement are disclaimed and excluded.
5.2. Vgenomics does not make any representation, warrants or guarantees whatsoever regarding the:
a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information on the Website to a particular situation;
b) that the features on the Website will be uninterrupted, timely, secure, or error- free;
c) the quality of any services, content, information, or other material on the Website
will meet the User’s expectations or requirements;
d) any errors in the Website will be corrected;
e) warranties against infringement of any third-party intellectual property or proprietary rights; or
f) other warranties relating to performance, non-performance, or other acts or omissions of Vgenomics, its officers, directors, employees, affiliates, agents, licensors, or suppliers.

5.3. Vgenomics does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third-party content, and disclaims all liabilities arising from or related to third-party content.
5.4. Vgenomics does not warrant that any of the software used and or licensed in connection with the Website will be compatible with other third-party software or devices nor does it warrant that operation of the Website and the associated software will not damage or disrupt other software or hardware.
5.5. Notwithstanding anything contained elsewhere in these Terms of Use, in no event Vgenomics shall be liable to the User or anyone claiming under the User for any costs or loss incurred or suffered by the User or anyone claiming under the User, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. In no event or circumstance will Vgenomics be under any liability to make good any loss whether by way of any monetary payment or otherwise.
5.6. Vgenomics or anyone on its behalf, involved in administering, distributing or providing the Website further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“harmful code”) that may be transferred to the device of the User when accessing the Website. By way of clarification, ‘harmful code’ shall also include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. The User is advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of its devices.
6. INDEMNIFICATION
6.1. By accepting the Terms of Use and using the Website, the Users agree that it shall defend, indemnify and otherwise hold Vgenomics, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

a) access to the Website;
b) services/features of the Website;
c) violation or breach of these Terms of Use or any applicable law or regulation;
d) violation of any rights of any third party including intellectual property or other right of any person or entity; or
e) any and all third-party claims based upon the content of any communications transmitted by the User.
7. TERMINATION OF THE TERMS OF USE
7.1. The Terms of Use will continue to be in effect until it is terminated by either the User or Vgenomics.
7.1.1. Termination by the User: In case the User does not wish to be bound by the Terms of Use, it may terminate its relationship with Vgenomics by not accessing the Website. In case the User wishes to gain access of the Website, it may access the same. By accessing the Website, the User would be deemed to accept the Terms of Use by using the Website.
7.1.2. Termination by Vgenomics: Vgenomics may at its discretion and at any time with or without notice, terminate or suspend the Terms of Use, with or without cause, if:
a) The User breaches any of the provisions of the Terms of Use, the Privacy Policy
or any other terms, conditions, or policies that may be applicable to the User;
b) Vgenomics is required to do so in accordance with law; or
c) Vgenomics has elected to discontinue, with or without reason, access to the Website (or any part thereof) either in general or specifically to the User. Vgenomics shall not be liable to the User or any third-party for any such termination.
8. GENERAL PROVISIONS
8.1. The Terms of Use shall supersede in case of any conflict or inconsistency of anything in or associated with the Website. Vgenomics’ failure to enforce any provision of the Terms of Use shall not deemed to be a waiver or acquiescence of such provision or the right to enforce such provision. Rights of the Vgenomics’ under the Terms of Use shall survive any discontinuance of the access or use of the Website.

8.2. In case of any conflict with the terms of the Terms of Use and the Privacy Policy, the latter shall prevail only to the extent of the conflict.
8.3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
8.4. Any notices to the User from Vgenomics regarding the Website or these Terms will be posted on this Website or sent by e-mail or regular mail.
8.5. The Terms of Use shall be governed and construed under the laws of India and the courts of New Delhi shall have exclusive jurisdiction to adjudicate all disputes arising out of the Terms of Use.