Effective Date: January 1, 2020
Your use of the Services (excluding any services provided by Bione under a separate agreement) is subject to the terms of the legal agreement between you and Bione set forth in these Terms of Service (“Terms of Service”). Except as mentioned herein, these Terms of Service apply to any use of the Services, which may include but not limited to a) submitting a saliva sample for DNA extraction and processing, b) uploading a digital version of your Genetic & Microbiome Information and interacting with it on the Bione website, and/or c) creating and using a free Bione account without providing your saliva sample or Genetic Information. To use the Services, you must first agree to the Terms of Service. If you do not accept the Terms of Service, you may not use the Services. You can accept the Terms of Service by (1) clicking to accept or agree to the Terms of Service, where this option is made available to you by Bione for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Bione will treat your use of the Services as acceptance of the Terms of Service from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. Bione also may offer other services from time to time that are governed by different terms of service.
The Steps below describe the User journey on the Bione platform. Users will go to the Bione website to order the services.
Step 1 – Enter the Bione website on the browser.
Step 2 – Click on Buy Now & you will be directed to the service page having the description of the services & price. To proceed with ordering, click on the Add to Cart button.
Step 3 – Fill your shipping and billing address and click on the continue button.
Step 4- After clicking on the continue button, the payment window will open.
Step 5- Add the credit/debit card details or select other payment methods or EMI option for processing the payment.
Step 6 – After the payment, click on the PAY button.
Sample Delivery of the services
Step 7- After placing the order successfully, Bione logistics team will deliver the relevant services as ordered at the given shipping address. The service should be used as per the description given.
Step 8- Applicable for use of test service only -Provide the sample as per given instructions inside the test box for collecting and stabilising the samples.
Step 9- Login into the Bione website and register your test to schedule the sample pickup date on Bione Whatsapp number.
Step 10 – Bione logistic team will pick the sample according to the scheduled date.
Step 11 – All information about your test purchase and progress will be available on your account dashboard.
The Services include access to the Bione public website and personal genotyping services and other services as available our website, including the collection and analysis of your saliva sample, Extraction of the DNA from the sample, whole exome, whole genome and 16S amplicon sequencing using NGS platform, Data storage, Data processing using various bioinformatic pipelines like Bione gCloud platform, Genetic data interpretation using Bione VarIn gDb and reporting using Bione gXplore, MyMicrobiome data interpretation using Bione MicroSure pipeline, providing food and nutrition recommendation based on genetic and Microbiome data in Bione food App, Genomics counseling for health nutrition and fitness. These services are provided under different kits and packages names varied packages on our website under the following names amongst which the user can choose to get a few or all services:
Unless explicitly stated otherwise, each new feature that augments or enhances the present Service shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Bione at the time of the purchase, viewing or other use. As research progresses and scientific knowledge and technology evolve, Bione is consistently innovating to offer the finest possible experience for its users. You acknowledge and agree that the form and nature of the Services which Bione provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Bione may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Bione’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Bione when you stop using the Services. Bione assumes no responsibility for the use of Services outside the terms of this Terms of Service or other applicable terms.
In order to use the Services, you should obtain Internet access, either directly or through devices that access web-based content, and pay any service fees related to such access. You are solely responsible for paying such fees. In addition, you should provide all equipment necessary to form such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Bione might not currently have set a predetermined upper limit on the amount of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Bione at any time, at Bione’s discretion.
By accessing Bione Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction where you reside, to endow with these representations. If there is a breach of any one of these representations, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Bione and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
While using Bione services, you agree to: (a) provide correct, exact, recent, and complete Registration Information about yourself as required by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is not accurate, true, current, or complete, or if Bione has a reasonable ground to suspect that such information is not true, accurate, current, or complete, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Service. The Services are for use only in the country to which your sample collection test was shipped from Bione.
After you have purchased a Service, you will create a username and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your Bione account. If you let third parties to access Bione’s website through your username and password, you will defend and indemnify Bione and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Bione of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Bione cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Bione for any Service; or by (2) actually using the Services.
You agree and acknowledge that Bione has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement describes the only expectations of privacy any individual should have in terms of usage of the Bione Services, website, or other systems. If you have given consent for your Genetic Information, Microbiome Information and Self-Reported Information to be used in Bione Research as described in the provided Consent Document, we may disclose your information to third parties as described in the applicable Consent Document. Bione Research may be conducted on behalf of, sponsored by, or in collaboration with third parties, such as pharmaceutical companies, non-profit foundations or academic institutions. Bione Research may study a specific group or population, targets for therapeutics development or identify potential areas, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. Bione will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without seeking for and receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and agree that Bione is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or bona fide belief that such preservation or disclosure is necessary to: (a) to comply with legal process (such as a legal proceeding, court order, or government inquiry) or obligations that Bione may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Bione Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bione, its employees, its users, its clients, and the public. In such an event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Bione may, in its sole discretion, restrict access to the website for any reason.
Bione is in the business of providing healthcare services to its customers and the online expert consultancy, counselors, nutritionists or similar words should not be construed as as doctor with whom the user has personal doctor patient relation.
The online expert consultancy, counselors, nutritionists or similar words used are not medical practitioners but an expert in their field merely providing consultation to the user with your consent. The online expert consultancy is in no circumstance to be substituted for advice given by the registered doctor.Bione does not recommend any specific tests, products, expert consultation, opinions or other information that may be mentioned in the Website. Any reliance on Bione content is completely at your own risk. In the event of a medical emergency, you must contact your local doctor/hospital or any relevant assistance.Neither of the services are to be used in case of any medical emergency or for any serious/critical health issue which requires assistance from the registered medical practitioner.
As a result, we strongly advise you to get medical counsel as soon as possible after hearing or accessing something on the Website.
We strongly recommend you to seek out the opinion of your physician or other health care provider if you have any questions concerning your health, height, diseases or any body ailment.
The online expert will not physically examine you and possibly may not be able to gain access to all of Your medical history, which may be required for providing online consultancy. The online expert will not have access to information that would be gathered by physically evaluating You, seeing Your physical state, and reviewing Your medical records. The service and products delivered by us are not for diagnostic treatment. As a result, the online expert may be unaware of facts or information that could influence his or her assessment of Your diagnosis. To avoid the possibility of this limitation, the Bione strongly advises You to discuss your previous medical history proactively, as well as to contact an on-site physician and communicate the Bione’s view with him/her.Information given by you if proven to be false, deceptive, or incomplete will instantly render the opinion and any facts included within null and void.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person to whom such User Content belongs. This means that you, and not Bione, is entirely responsible for all User Content that you email, upload, post, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Bione Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Bione and/or the sponsors who provide that content to Bione (or by other persons or companies on their behalf). Bione grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Bione website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) agree you have no right to offer anyone else any further right with respect to this Services content. Apart from the Limited License provided in this paragraph, you may not rent, lease, modify, loan, distribute, sell, or create derivative works based on this Services content unless you have been specifically told that you may do so by Bione or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to Bione that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that may possibly damage, overburden, or disable the Services or interfere with the other party’s use and enjoyment of the Services. You may not obtain or try to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Bione. Furthermore you agree to not use the Services to: (i) email, upload, post, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, like slurs, epithets, or anything which may reasonably be construed as harassment or disparagement based on color, race, sex, sexual orientation, age, disability, national origin, religious or political beliefs, or other statutorily protected status; (ii) impersonate any person or entity, including, but not limited to, anyone affiliated with Bione, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) add your own headers, forge headers, or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service; (iv) “stalk” or otherwise harass another; (v) upload, post, email, or otherwise transmit any content which you don’t have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements); (vi) use any information received through the Services to try to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use; (vii) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (viii) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Bione or any other party; (ix) harm minors in any way; (x) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (xi) email, upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other sort of solicitation, except in those areas that are designated for such purpose and only to the extent such content is permitted by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Bione; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Bione’s website; (15) attempt to or actually override any security component of Bione web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which might be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Bione; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you will be solely responsible and that Bione has no responsibility to you or to any third party for any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Bione may suffer) of any such breach. In case of breach of any one of these agreements, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Bione and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Bione has a reasonable ground to suspect that you have violated the terms of this Section, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Keeping in mind the global nature of the Internet, you agree to comply with all local rules in relation to online conduct and acceptable content. Specifically, you agree i) that providing your sample or purchasing of the services is not subject to any export ban or any other restriction in the country in which you reside, ii) that your sample and data may be transferred and/or processed outside the country in which you reside, and iii) that you will comply with all related laws regarding the transmission of technical data exported from India or the country from which you access any Service online.
I hereby give Bione permission to contact me with various information, alerts, SMS, calls, commercial communication, and other services at the aforementioned listed telephone numbers, whether or not they are registered with the national do not call registry or listed in the national customer preference register. I further affirm that by sending any such messages or making any such calls, I shall not hold the Bione or its third-party service provider liable under the telecom Commercial Communications Customer Preference (TRAI) regulations, 2010 or any other applicable regulation. If you do not want to be contacted in any form, please contact our customer service.
Bione will not, at all times, manage any of the User Content posted via the Service and, however, does not guarantee the accuracy, integrity, or quality of such non-Bione content. You understand that by using the Services, you might be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Bione be responsible in any way for any non-Bione content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Bione and its designees shall have the right but not the obligation and in their sole discretion to pre-screen, modify, filter, deny, or move any content that is available via the Services. Without limiting the foregoing, Bione and its designees shall have the right to remove any content that violates the Terms of Service or is deemed by Bione, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the completeness, usefulness, or accuracy of such content.
You are aware and acknowledge that user content available in any offline or online form related to the products / other products or services, and information in relation to such it including without limitation,audio, text, video, images etc. is for general information purposes only and does not represent an advertisement or promotion of any medicine for sale, nor does it constitute any professional medical advice, diagnosis, treatment, or recommendation. You further recognise and accept that the Bione makes no guarantee or assurance about the validity of the information on the Website and that You must conduct Your own investigation.
All data on this website is offered solely for informational reasons. Products and services are only available in areas where they are legally permitted. The material presented is not exhaustive and is restricted to what is made public, and it should not be relied on as exhaustive or accurate.
You agree to protect and hold Bione, and its subsidiaries, affiliates, agents, contractors, officers, employees, partners, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of these Terms of Services; or your violation of any rights of another.
If you have provided a saliva sample or otherwise provided your own Genetic Information, you will protect and hold harmless Bione, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. Additionally, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or unintentionally, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Bione, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
Other than pursuant to the terms of the Limited License in Section 9 of this Terms of Service or unless otherwise agreed in a separate agreement between you and Bione, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Bione may set up general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be stored by the Service, the maximum disk space that will be allotted on Bione’s servers on your behalf, and the maximum number of times and the maximum duration you may access the Services in a given period of time. You acknowledge and agree that Bione has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to destruction of data servers or other catastrophic events. You further acknowledge that Bione reserves the right to modify these general practices and limits in its sole discretion.
Bione reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You acknowledge and agree that (i) such modifications may result in a delay in computations for some of the Bione features or Services, and (ii) Bione will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Bione. These updates are intended to advance, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Bione to deliver these to you) as part of your use of the Services.
You acknowledge that Bione may offer additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
The Terms of Service will continue to be in force until terminated by either you or Bione as set out in this Section.
If you want to terminate your legal agreement with Bione, you may do so by deleting your Bione account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your Bione account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.
Bione may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service); (2) Bione is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Bione offered the Services to you has terminated its relationship with Bione or ceased to offer the Services to you; (4) Bione is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Bione is, in Bione’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity which will be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Bione shall not be liable to you or any third party for any termination of your access to the Services.
When the Terms of Service come to an end, all of the legal rights, obligations, and liabilities that you and Bione have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1. (Definitions); 2. (Acceptance of Terms); 3. (Prerequisites); 4. (Description of the Services); 5. (Risks and Considerations Regarding Bione Services); 6. (User Representations); 7. (Account Creation, Customer Account, Password and Security Obligations); 8. (Bione Privacy Statement and Disclosure of Information); 9. (Customer Conduct – Unlawful and Prohibited Use); 10. (Export Control and Applicable Laws and Regulations); 12. (Material Posted through the Service); 13. (Material Provided to Bione – Your Proprietary Rights); 14.(Indemnity); 15. (No Resale of Services); 16. (Termination); 17. (Survival of Terms); 18. (Dealings with Information Providers and Listed Resources); 19. (Hyperlinks and Bione Website); 20. (Bione Proprietary Rights); 21. (DISCLAIMER OF WARRANTIES); 22. (LIMITATION OF LIABILITY); 23. (Notice); 24. (Violation or Suspected Violation of Terms of Service); 25. (Dispute Resolution); and 26. (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
Your correspondence or business dealings with or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Bione shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Bione has no control over such sites and resources, you acknowledge and agree that Bione is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bione shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
You acknowledge and agree that Bione (or Bione’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bione and that you shall not disclose such information without Bione’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Bione, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Bione and/or its suppliers.
Bione Ventures Private Limited, Bione, and other Bione logos and product and service names are trademarks of Bione and these marks together with any other Bione trade names, service marks, logos, domain names, and other distinctive brand features are the “Bione Marks” . Unless you have agreed otherwise in writing with Bione, other than through the Limited License in Section 9, nothing in the Terms of Service gives you a right to use any Bione Marks and you agree not to display, or use in any manner, Bione Marks
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Bione, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Bione grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bione, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Bione, in the manner permitted by the Terms of Service. Unless Bione has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bione for use in accessing the Service. Any rights not expressly granted herein are reserved.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) BIONE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIONE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BIONE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, BIONE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BIONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Official notices related to this Terms of Service must be sent to us at:
Bione Ventures Private Limited
#404, 4th Floor, Brigade IRV Center, Nallurahalli, Whitefield Bangalore-560066,
Karnataka, India.
Additionally, Bione accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Bione may make changes to the Terms of Service from time to time. When these changes are made, Bione will make a new copy of the Terms of Service available on its website and any new additional terms will be made available to you from within, or through, the affected Services. The revised Terms of Service will be effective on or after the posted date. If we make a material change to the Terms of Service, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to, you will be deemed to have agreed to the new Terms of Service. If any change to the Terms of Service is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms of Service have changed, Bione will treat your use as acceptance of the updated Terms of Service.
If you violate the terms of these Terms of Service and/or Bione has a reasonable ground to suspect that you have violated the terms of these Terms of Service, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
All disputes arising out of or in relation to the Privacy Statement shall be governed by the laws of India and the courts at Bengaluru shall have exclusive jurisdiction.
