Terms of Service

BIOROLES AUTOMATION SYSTEMS PVT. LTD.
TERMS OF SERVICE

BIOROLES AUTOMATION SYSTEMS PVT. LTD. and its affiliates (“BIOROLES“, “we", “our", “us") provide following services for use in conjunction with various BIOROLES products (“Products"):

• BIOROLES user website and user accounts that may be accessed at samay.bioroles.com, and all associated sites connected with www.bioroles.com, excluding any third parties’ sites (the “Website");
• online services accessible through the Website (“Web Apps");
• software applications that can be downloaded to a mobile device (“Mobile Apps") including not limited to Samay and
• any services available on the Website, Web Apps and Mobile Apps (“Available Services"). The term “BIOROLES Services" means the Website, Web Apps, Mobile Apps, and Available Services.

These Terms of Service (“Terms") govern your access to and use of BIOROLES Services, including through Products. Your purchase of any BIOROLES Service may further be governed by the corresponding separate terms. The Privacy Policy is incorporated by reference into these Terms and you are agreeing to accept and abide by them by using BIOROLES Services.

PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register for use any BIOROLES Services.

You will need to register an account via Website or Mobile Apps to access BIOROLES Services. For the purposes of seeking to provide you with a better experience, to improve BIOROLES Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by BIOROLES over Internet and/or mobile applications. Any service-specific terms of service may apply to some services provided by BIOROLES, you are advised to read these Terms and any specific terms of service for your interest before using the services.

You acknowledge and agree that BIOROLES Services and Products are not certified for emergency response. BIOROLES makes no warranty or representation that use of BIOROLES Services or Products with any third-party’s products or services will affect or increase any level of safety or security. BIOROLES Services and Products are not a third-party monitored emergency notification system — BIOROLES will not dispatch emergency authorities to the monitored place in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.

These Terms govern your use of BIOROLES Services. Your purchase of any Product is governed by the limited warranty provided with that Product.

You are prohibited from registering a Product for use with BIOROLES Services or from using BIOROLES Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use BIOROLES Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use BIOROLES Services. Please contact us at support@www.bioroles.com if you believe your child has provided us with personal information in connection with BIOROLES Services.

To use your Product via BIOROLES Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of BIOROLES Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. BIOROLES is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other BIOROLES users due to someone else using your Account as a result of your failing to keep your Account information secure and confidential.

By registering any BIOROLES Product in your Account, you will be deemed to have the “Ownership” of the Product. The Product can only be registered in one account, thus you acknowledge that if you transfer your Products to others, you will not be able to connect the Products to your account.

Use of certain Products or discrete functionality may require Internet access and registration to BIOROLES Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with BIOROLES Services. BIOROLES Services will not be accessible without: (i) a working network that is positioned to communicate reliably with our Products; (ii) a PC device or a mobile device with Android OS or Apple iOS to pair Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by BIOROLES Services in connection with the specific Product. In addition, you acknowledge that BIOROLES Services may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to BIOROLES Services.

Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit BIOROLES Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce BIOROLES Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or BIOROLES Services; (v) use the Software and BIOROLES Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of BIOROLES, its third-party providers, or any other third party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, BIOROLES Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. BIOROLES reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.

You may only access and use BIOROLES Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data.

When using BIOROLES Services, you shall not:

• disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, BIOROLES Services or any computer network;
• circumvent any technological measure implemented by BIOROLES or any providers or any other third party (including another user of BIOROLES Services) to protect BIOROLES Services;
• upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, BIOROLES Services, or any other system, device or property;
• run Mail list, Listserv, or any form of auto-responder or “spam” on BIOROLES Services;
• attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or
• jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into BIOROLES Services as you).

BIOROLES Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for BIOROLES Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. BIOROLES Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that BIOROLES is not responsible for any damages allegedly caused by the failure or delay of BIOROLES Services to reflect current status of the Product, notifications, or timing of your video content.

BIOROLES Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. BIOROLES does not offer any specific uptime guarantee for BIOROLES Services. BIOROLES is not liable for any losses arising from a suspension of BIOROLES Services.

All information concerning BIOROLES Services and use of the Product with BIOROLES Services is provided “as is" and “as available". BIOROLES does not guarantee that this information is correct or up to date. Accessing the information through BIOROLES Services is not a substitute for direct access to the information in or on the Product itself.

Although BIOROLES cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.

BIOROLES Services relies on certain third-party products and services. For example, some aspects of BIOROLES Services– such as data storage, synchronization, and communication – are enabled by Amazon Web BIOROLES Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through BIOROLES Services. These third-party’s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. BIOROLES is not responsible for any damages and losses due to the operation of these third-party’s products and services.

You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of BIOROLES Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.

You acknowledge and agree that the availability of Mobile Apps is dependent on the third-party Web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store"). You acknowledge that these Terms are between you and BIOROLES and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

To the maximum extent permitted by applicable law, BIOROLES services (i.e. The website, the mobile apps and software) are provided for your convenience, “as is", and “as available" with all faults and errors, and BIOROLES and our suppliers and licensors expressly disclaim any warranties and conditions of any kind, whether express, implied, or statutory, including, without limitation, merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, non-infringement of third-party rights, availability, data security, and any warranties arising out of course of dealing or usage of trade.

BIOROLES does not warrant, endorse, guarantee, or assume responsibility for any product, software or service provided by a third party through or in connection with BIOROLES services (including, but not limited to, cloud services) or any hyperlinked website or service.

BIOROLES makes no representations concerning any content contained in or accessed through BIOROLES services, and BIOROLES will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through BIOROLES services. BIOROLES makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through BIOROLES services.

You acknowledge that the use of BIOROLES services shall be connected with the internet, and use shall be wholly at your own risk. BIOROLES does not represent or guarantee that BIOROLES services will be free from loss, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and BIOROLES disclaims any liability relating thereto.

Surveillance, data protection, and privacy laws vary by jurisdiction and may impose certain responsibilities on your use of BIOROLES services. You acknowledge and agree that you (and not BIOROLES) will be responsible for ensuring that you comply with applicable laws where you live and that BIOROLES shall not be liable in the event that BIOROLES services is used for illegal purposes, including, without limitation: non-civil use; recording or sharing video or audio content that is not in conformance with applicable law; failure to comply with notice and consent laws; infringement of third-party rights; use in connection with medical treatment, or other situations where BIOROLES services failure could lead to death or personal injury.

To the maximum extent permitted by applicable law, in no event will BIOROLES, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, or suppliers, be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for loss of business profits, business interruption, lost data or content, documentation, or profits, service interruption, computer damage, cost of substitute services, inability to use BIOROLES services, privacy leakage, or any other liabilities or losses caused by BIOROLES services or by failures of BIOROLES services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BIOROLES knew or should have known of the possibility of such damages.

To the maximum extent permitted by applicable law, in no event will BIOROLES’s total cumulative liability arising from or related to BIOROLES services, whether based on warranty, contract, tort, or any other legal theory, exceed the fees actually paid by you to BIOROLES or BIOROLES’s authorized reseller for BIOROLES services in the prior 6 months (if any) immediately preceding the date of the most recent claim. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. BIOROLES disclaims all liability of any kind of BIOROLES’s licensors and suppliers.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between BIOROLES and you.

You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and BIOROLES arising out of or relating to these Terms or BIOROLES Services (collectively, “Disputes") will be governed by and construed in accordance with the laws of the India, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

If a Dispute arises between you and BIOROLES, our goal is to learn about and address your concerns. You agree that you will notify BIOROLES about any Dispute you have with BIOROLES regarding these Terms or our Products or BIOROLES Services by contacting BIOROLES at support@www.bioroles.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or BIOROLES may bring a formal proceeding.

You and BIOROLES agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of BIOROLES Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and BIOROLES. These Terms will be governed by the laws of the Indian and shall be submitted exclusively to the Indian law Authority in New Delhi. Unless otherwise precluded by law, you and BIOROLES shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without BIOROLES’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. BIOROLES may freely assign or transfer these Terms without restriction.

Should you have any questions, please contact us immediately via email at support@www.bioroles.com.