iGene Laboratory Private Limited
1 Science Park Road #04-10,
The Capricorn, Singapore 117528
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
1.USE OF WEB SITE
1.1 You agree to use this Web Site in accordance with these Terms of Use and for lawful and proper purposes. You agree to be responsible for all matters arising from your use of this Web Site. Further, you agree not to use this Web Site in any manner which breaches any applicable law or regulation or causes or which may cause an infringement of any third party rights; not to post, transmit or disseminate any information on or via this Web Site which may be harmful, obscene, defamatory or illegal or create liability on iGene Laboratory’s part; not to interfere or attempt to interfere with the operation or functionality of this Web Site.
2.RESTRICTIONS ON USE
2.1 You may not reproduce, republish, upload, post, transmit, distribute or link in any way any material from this Web Site without the prior written permission of iGene Laboratory.
2.2 If you download any software from the Web Site, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”), these downloaded software are licensed to you by iGene Laboratory. iGene Laboratory does not transfer title to the Software to you. You own the medium on which the Software is recorded, but iGene Laboratory retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, transfer, decompile, reverse-engineer or otherwise deal with the Software.
3.NO REPRESENTATION
3.1 iGene Laboratory makes no representation or warranty (either express or implied) as to the completeness or accuracy of the information it contains.
4.DISCLAIMER
4.1 Please note that the contents of this Web Site are for general information and non- commercial purposes and are provided on the understanding that no surgical or medical advice or recommendation is being rendered. In conveying the information on the website, please note that the information herein is not meant to disseminate any information that is related to the provision of any of the following services (a) assessment of the health of the individual, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease, disorder or an injury affecting any part of the human body or mind. Thus, the contents of this site may not be construed as advertisements for product or service that iGene Laboratory or any of its subsidiary companies offers.
4.2 The materials in this Web Site are provided “as-is” and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, iGene Laboratory disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose iGene Laboratory does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Web Site or this server that makes it available is free of any virus or other harmful elements. iGene Laboratory does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Web Site or the results of their use.
5.INDEMNITY
5.1 You agree to indemnify and hold iGene Laboratory, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of or connection to the Web Site or any violation of these Terms of Use or of any law or the rights of any third party.
6.LIMITATION OF LIABILITY
6.1 Subject to applicable law, under no circumstances, including negligence, will iGene Laboratory, its directors, employees or agents be liable for any loss of profits, direct or indirect losses including punitive, exemplary, special or consequential damages that result from the access to, use of, or the inability to use, the materials in this Web Site, even if iGene Laboratory or an iGene Laboratory authorised representative has been advised of the possibility of such damages.
6.2 iGene Laboratory is also not liable or responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.
6.3 The information contained in this Web Site is for informational purposes only and is provided to you on an “as-is” basis. We do not guarantee the accuracy, reliability, authenticity or completeness of any of the information contained on this Web Site. We are not liable for any information or services which may appear on any linked web sites.
7.APPLICABLE LAW AND JURISDICTION
7.1 Governing law
(a)By visiting or using the Web Site, you agree that the laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and iGene Laboratory or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of the Republic of Singapore, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the Republic of Singapore.
7.2 Arbitration
(a) By accessing this Web Site, you agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Web Site (including your visit to or use of the Web Site) shall be final and binding arbitration, except to the extent that either you or iGene Laboratory have in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
(b) Any reference to arbitration in Singapore shall be a submission to arbitration within the meaning of the Arbitration Act (Cap. 10) for the time being in force in Singapore. Such arbitration shall be conducted in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this Section, except in so far as such Rules conflict with the express provisions of this Section, in which event the provisions of this Section will prevail. The place of arbitration shall be Singapore.
(c) The arbitral tribunal shall consist of one (1) arbitrator to be appointed by mutual agreement between you and iGene Laboratory. Any party may propose to the other(s) the name or names of one (1) or more persons, one (1) of whom would serve as the arbitrator. If no agreement is reached within thirty (30) days after receipt by one (1) party of such a proposal from the other, the arbitrator shall be appointed by the Appointing Authority. The Appointing Authority shall be the Chairman of SIAC. The arbitrator must not be a present or former employee or agent of, or consultant or counsel to, any party or any related corporation as defined in Section 6 of the Companies Act (Cap 50) of any party.
(d) Any decision or award of an arbitral tribunal appointed pursuant to this Section will be final and binding on both you and iGene Laboratory and the execution thereof may be entered into any court having jurisdiction.
(e) You undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
8.PROPRIETARY RIGHTS IN WEB SITE CONTENT
8.1 All content on the Web Site, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files and their selection and arrangement (“Web Site Content”) are the proprietary property of iGene Laboratory, its users or its licensors and all rights are reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without iGene Laboratory’s prior written permission.
8.2 You are granted a limited license to access and use the Web Site and the Web Site Content and to download or print a copy of any portion of the Web Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8.3 Graphics, logos, designs, page headers, button icons, scripts and service names of iGene Laboratory are registered trademarks, trademarks or trade dress of iGene Laboratory and may not be used, including as part of trademarks and/or part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iGene Laboratory.
9.LINKS TO OTHER WEB SITES
9.1 This Web Site contains links to other web sites which are not maintained or owned by iGene Laboratory.
10.OTHER
10.1 iGene Laboratory may change any part of this Web Site at any time at its sole discretion without notice. iGene Laboratory may deny access to this Web Site to anyone at anytime.
10.2 Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
10.3 These Terms of Use constitute the entire agreement between you and iGene Laboratory regarding the use of the Web Site. The failure of iGene Laboratory to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
10.4 In the event of an arbitration, the Parties hereto agree that one and the same Arbitral Tribunal shall have the power and jurisdiction to adjudicate all claims existing or alleged between the Parties at that time, whether arising under this Agreement, or under any other agreements (or amendments) where the Parties are involved.
Version No: AA-P001-01(Apr20)