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Terms and Conditions

Terms and Conditions

 

Effective Date:  01/01/2024

 

These Terms and Conditions (these “Conditions”) are the terms of your use of our website and purchase of our health-related products (our “Services”). You should read, understand, and agree to them before using our Services.

 

Your use of certain Services – for example, when you order our products offline – may be subject to additional terms and conditions. Such additional terms and conditions shall be in addition to these Conditions. However, if any portion of the additional terms and conditions conflicts with these Conditions, the additional terms and conditions shall prevail.

 

  1. Your acceptance

By using our Services after reading these Conditions, you demonstrate that you have read, understood, and agree with these Conditions. If you do not agree with these Conditions, your only recourse is to refrain from using this website or purchasing from us. If you represent an entity, you represent that you have the authority to accept these Conditions on behalf of such an entity.

 

  1. Who we are

Any references to the words “we,” “us,” and “our” under these Conditions implies BioGenex. We have offices in India, the United States, and China. We sell health devices to Clinics, Diagnostic Centers, Hospitals, and Research Centers (herein as “you,” “your,” “user,” or “customer”) around the world.

 

Our office addresses and contact information include:

 

  • United States:

BioGenex Laboratories

48810 Kato Road,

Suite 100E,

Fremont, CA 94538.

+1 510-824-1400, 1-(800) 421-4149, +1 510-824-1490

customerservice@biogenex.com

 

  • India:

BioGenex Life Science Pvt Ltd

Aerospace & Precision Engineering,

TSIIC SEZ, Adibatla,

Telangana-501510

+91-6309448856

+91-6309448856

indiacs@biogenex.com

 

  • China:

Shanghai Exhibition Center
No.1000 Middle Yan An Road
Shang Hai Shi, China, 200041

+86 21 2220 6680

+86 21 2220 6679

internationalcs@biogenex.com

 

  1. No medical advice

Although we sell health-related products, and sometimes, our content may include health information, we do not provide medical advice. We carefully research the information posted on our blogs and news, but we cannot guarantee that they are accurate or current. Such information is posted for informational purposes only, and you should make your own research before taking any actions. BioGenex is not responsible for any damages or losses you may suffer due to any action you take based on the content of our Service.

 

  1. User responsibilities
    • Eligibility: To order our products, you must be at least 18 years of age – including if you represent an entity – and you must be able to form a binding agreement. If you are representing an entity, you must have permission from the entity before using our website.

 

  • Account creation and privacy: You may create an account and submit certain personal information (such as payment method, shipping, and billing) to enjoy a better user experience. By providing the required information, you warrant that the information is correct and accurate. We will not be responsible for losses as a result of any inaccurate information submitted by you. You also agree to read and agree to our Privacy Policy, as it describes how we handle the information we collect from you with respect to our Services.

 

  1. Product terms of sale

This section applies to your purchase of our products. Certain products can be ordered through the website, while others may be concluded via email and phone communications. Any request made by you to purchase our product is an offer to us. We reserve the right to accept your offer or not, and we reserve to set a limit to the quantity we may offer at any time. Your offer will be deemed accepted when we charge your payment method or receive your payments.

 

  • Quotations, pricing, and tax: The prices shown on the website and those in a quotation document are in United States Dollars (USD). Unless otherwise stated, the prices are exclusive of the applicable tax. We reserve the right to adjust our product prices at any time (not applicable to a product you have already purchased).

 

  • Errors: If any product price is listed on the website or quotation by error, we reserve the right to adjust the price and give you the option to cancel or go with the correct price.

 

  • Product description and inaccuracies: We make every effort to ensure our products are with accurate information at all times, including the descriptions. However, we do not guarantee that product descriptions will always be without errors or inaccuracies. In any case there is an error on any of our products, we reserve the right to correct it without liability to you.

 

  • Payment terms: Products purchased through our website are paid for before we dispatch them for shipping. Likewise, you are required to wire the agreed amount for products sold outside the website before we dispatch it. You can pay for products on our website via credit card or any other payment method supported on the checkout page. Our payment processors handle payment securely through the website, and they employ adequate payment security. By submitting your payment method, you agree to our Privacy Policy. You warrant that your payment method contains sufficient funds to cover your purchases. You also warrant that the information you submit is accurate and complete. You may not use a fraudulent card or attempt to use a payment option you do not have authorization to use.

 

  • Shipping policy: We ship our products from the United States through third-party freight forwarders (CEVA and DART logistics). We ship to the address you specify. You must provide correct and accurate shipping information when you place an order. We will not be responsible for delays or losses caused by inaccurate shipping addresses. For more information about shipping, including estimated delivery dates, costs, and plans, please review our Shipping Policy.

 

  • Cancellation policy: You can cancel any placed order without additional cost if your order is yet to be shipped. If we provide you with notice of shipment, you may not be able to cancel your order at that point. You may cancel your order by reaching out to us at customerservice@biogenex.com.

 

  • Returns, refunds, and exchange: You can request a return, refund, or exchange within 30 days of your order if you are unsatisfied or the product gets damaged in transit. All return, refund, and exchange requests must be sent to our email address at customerservice@biogenex.com. For more about returns and refunds, please see section 2 of our Shipping Policy.

 

  • Title and risk of loss: Upon confirming that a product is delivered to you without defect, the title and risk of loss automatically pass to you.

 

By placing an order with us, you confirm that you have reviewed this section and agree to the terms described therein.

 

  1. Your submissions

The website contains blogs, news, and other pages that allow you to submit comments and other content (“Submissions”). By making Submissions, you grant BioGenex a non-exclusive, irrevocable, sublicensable, worldwide, royalty-free license to host and use your Submissions on the website, including moderating, displaying, translating, and adapting it for any purposes, including for marketing.

 

BioGenex does not represent that it screens, reviews, or edit any Submission before it is hosted on our website. Submissions are not our views or opinions. We shall not be liable for any damages or losses suffered as a result of Submissions appearing on the website.

 

Notwithstanding, we reserve the right to review and monitor Submissions for compliance with these Conditions or any ethical standards. We have the right to remove Submissions that are offensive, inappropriate, vulgar, or otherwise in breach of these Conditions.

 

Your Submissions must not:

  • Contain untrue, misrepresented facts or statements;
  • Contain any content that promotes any unsolicited products or services;
  • Be indecent, lascivious, ridiculous, mocking, intimidating, or otherwise insult any individual, race, group, gender, or government; or
  • Contain links that go against these Conditions.

 

  1. Intellectual property ownership

All intellectual property rights, including without limitation, the trademarks, logos, trade names, service marks, patents, copyrights, trade secrets, and any other proprietary rights related to our website, content, and products (collectively “Intellectual Property“), belongs to BioGenex and respective licensors. Your access and use of our website and products do not grant you any ownership or rights to our Intellectual Property.

 

You agree not to use, reproduce, distribute, modify, transmit, perform, display, or create derivative works of any part of our Intellectual Property without obtaining prior written approval from us. Any unauthorized use of our Intellectual Property may violate applicable intellectual property laws and result in legal consequences.

 

All the trademarks, service marks, and trade names used on our website are the property of their respective owners. You are prohibited from using any trademarks, service marks, or trade names displayed on our website without the prior written consent of the respective owner.

 

All content available on our website, including but not limited to text, graphics, images, videos, logos, icons, and software, is protected by copyright laws. You may not reproduce, distribute, modify, display, perform, or transmit any copyrighted material from our website without obtaining prior written approval from us or the respective copyright owner.

 

  1. Grant of license

Subject to your compliance with these Conditions and all applicable laws, we hereby grant you a limited, non-transferable, non-exclusive, revocable, non-transferable, license and right to access our website, search for products, purchase them, and use our Intellectual Property for your personal and business use only (whichever applies). You shall not commercialize any of our Intellectual Property without our written approval. You shall not copy our product descriptions or other content attached to our products. You shall not use our trademarks with any other products or services that may confuse the public or disparage us. We reserve all the rights not granted to you under these Conditions.

 

  1. Export and sanction law

By purchasing our products, you agree to comply with all applicable export and sanction laws and regulations. You are responsible for ensuring your use of our website and purchase of our products comply with the laws in your location and any other international laws.

 

You agree not to export, re-export, or transfer any of our products to any individual, entity, or destination prohibited by the laws and regulations of your jurisdiction or any relevant international authority. You acknowledge that some of our products may be subject to export control laws and regulations, including but not limited to the regulations of the United States Department of Commerce and the United States Department of State. You are solely responsible for complying with any applicable export control laws and obtaining any necessary export licenses or authorizations.

 

Furthermore, you agree not to engage in any transactions that violate economic sanctions or embargoes imposed by the government of your location or any relevant international authority. You represent and warrant that you are not located in, a resident of, or doing business with any country or individual subject to trade restrictions, sanctions, or embargoes imposed by your location government or any relevant international authority.

 

You agree to indemnify, defend, and hold BioGenex harmless from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your violation of any export or sanction laws and regulations.

 

  1. Termination of use

We reserve the right to terminate your account, use of our website, and access to any of our software at any time if we determine in our best judgment that your access and use violate these Conditions or any applicable laws.

 

You also may terminate these Conditions at any time by simply reaching out to us at customerservice@biogenex.com or using the “Contact Us” section of our website.

 

  1. Disclaimers

EXCEPT FOR ANY PRODUCT WARRANTY, WE PROVIDE OUR SERVICES AND WEBSITE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EXCEPT FOR ANY WRITTEN WARRANTIES). BIOGENEX DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

WE DO NOT WARRANT THAT OUR SERVICES OR CONTENT WILL BE (I) AVAILABLE ALWAYS OR OTHERWISE BE 100% RELIABLE, PERFECT, ACCURATE, CORRECT, SAFE, OR ERROR-FREE; (II) FREE FROM HARMFUL SOFTWARE, SUCH AS BUGS, WORMS, VIRUSES, AND TROJAN HORSES, FROM THIRD PARTIES; (III) SUITABLE TO USE IN YOUR LOCATION.

 

  1. Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BIOGENEX (INCLUDING ITS AFFILIATES, AGENTS, SUPPLIERS, EMPLOYEES, LICENSORS, AND OWNERS) BE LIABLE TO YOU OR ANY THIRD PARTY – WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE – FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, DATA, GOODWILL, EXPENSES, OR OTHER INTANGIBLE DAMAGES ARISING DUE TO YOUR USE OF OUR SERVICES, WEBSITE, OR CONTENT – EVEN IF BIOGENEX MAY HAVE BEEN PRIORLY HINTED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES.

 

NOTWITHSTANDING THE ABOVE LIABILITY LIMITATION, IN THE EVENT WE ARE FOUND LIABLE FOR ANY DAMAGES – NO MATTER THE COURSE OF ACTION – YOU AGREE THAT OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID FOR OUR PRODUCTS; OR (II) THE SUM OF $100.

 

SOME JURISDICTIONS OR LOCATIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THIS APPLIES TO YOU, THEN SOME OF THE EXCLUSIONS ABOVE MAY NOT AFFECT YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. Indemnification

You hereby agree to defend, indemnify, and hold BioGenex (and affiliates, agents, suppliers, employees, licensors, and owners) harmless from and against, any losses, damages, liabilities, claims, or demands, including reasonable attorney’s fees and responses, made by any third party due to or arising out of your use of our products, Services, website, and content, or your breach of these Conditions, your warranties, or any applicable laws.

 

  1. Governing law and jurisdiction

The interpretation, validity, and enforcement of these Conditions shall be governed by and construed in accordance with the laws of the State of California, US, without regard to its conflict of laws principles.

 

Any legal action, dispute, or proceeding arising out of or relating to these Conditions, including but not limited to claims related to the use of our Service, shall be brought exclusively in the state or federal courts located within the State of California. You hereby consent to the personal jurisdiction of such courts and waive any objections or claims regarding inconvenient forum.

 

To the maximum extent permitted by applicable law, you agree that any dispute, resolution, or proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action. You hereby waive any right to participate in any class action against BioGenex.

 

  1. Third-party links

The website may contain adverts and links from third-party websites and services. Such links are available on our website for informational purposes only and do not constitute our endorsement of the respective owners and the accuracy of their services or their practices. Please, endeavor to read the terms and policies of these third parties before using their services.

 

  1. Entire agreement

These Conditions represent the entire agreement between you and BioGenex with respect to our Services, and they supersede any oral or written agreements, understandings, or covenants that may have existed before them.

 

  1. No waiver

A failure or delay by BioGenex to enforce a right under these Conditions shall not serve as a waiver of our rights to enforce such a right later or on similar violations. Waivers under these Conditions are only valid when they are in writing.

 

  1. Severability

If any provision under these Conditions is determined by any competent court to be invalid, the said provision shall be severed or severable from these Conditions, and it shall not affect the validity of the remaining provisions.

 

  1. Force majeure

In the event that either party is prevented from performing or is unable to perform any of its obligations under these Conditions (other than the payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout, epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the party invoking this section, such party’s performance shall be excused and the time for the performance shall be extended for the period of the delay or inability to perform due to such occurrences.

 

  1. Assignment

You may not assign your rights under these Conditions without prior written approval from BioGenex. We, on the other hand, may assign our services to third parties under these Conditions.

 

  1. Changes

We reserve the right to change any provision under these Conditions at any time without liability. Any changes to these Conditions shall immediately go into effect upon us posting it on this page. We may notify you of any changes via your email address or any portion of our website. However, you are responsible for reviewing this page to be aware of changes.

 

By your continued use of our Services after we make any changes to these Conditions, you represent that you have agreed to the changes made.

 

  1. Contact us

If you have any questions, complaints, or feedback regarding these Conditions or our Services, you can get in touch with us at customerservice@biogenex.com or use the information on our Contact Us page.