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Terms and Conditions

These Terms and Conditions (“Terms”) are applicable to TrichoGene-MRT genetic testing service (“Services”).

SAMPLE COLLECTION

• The individual whose tests (“Test/s”) are to be conducted (“Individual”) shall be required to register the kit on www.trichogene.in with the barcode & required details to provide a cheek swab sample (the “Sample”), as per the instructions contained in the Cheek swab Collection Kit (the “Kit”) also watch the provided video (the ” How to use TrichoGene-MRT cheek swab collection kit”).
• a. After the cheek swab collection, the Individual shall be required to send the Sample to TrichoGene (brand owned by CosmoGene Skincare Pvt Ltd). Plot no. 47, 1st floor Rajiv Gandhi Nagar, Kukatpally, Hyderabad- 500072 in the manner explained in the video.
  b. TrichoGene may be sending the Sample in a de-identified/ anonymized manner to its partners for the required testing and related services.

3.FURTHER USE OF THE SAMPLES:

• After analysis, the Sample, DNA extracted from the Sample and the data derived through the

  Sample, health risk assessment forms, the calls and any data as may be available to TrichoGene

  during providing services may be used by TrichoGene or any

  third parties permitted by TrichoGene, for further analysis and recommending more

  tests in the future, for quality control purposes or to conduct research, studies or clinical trials

  and may also be published in journals and presented in conferences and seminars without

  revealing the Individual’s identity and maintaining confidentiality.

4.PAYMENT TERMS

• The fees for the Services would be listed TrichoGene’ official website https://trichogene.in/product/minoxidil-response-dna-test/ or our services brochure/sales form/promotional material. The fees stated are inclusive of taxes unless stated otherwise and are in Indian rupees. The Individual understands that the Kits will be provided to you only after TrichoGene receives the entire payment for the Services.
• The individual availing the services of TrichoGene (“User/s”) can pay for the Services through the modes of payment as may be acceptable to TrichoGene from time to time and as mentioned in the Package Form.
• If for any reason TrichoGene does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, the User agrees to pay all amounts due upon demand by TrichoGene.

• If the transaction for card payments and e-wallets is declined or failed but the amount is deducted from the User’s account, the User is requested to wait for a few days and check if the amount is credited back to the User’s account. If the same has not been credited, the User shall contact their bank/e-wallet company as the case may be. The Kit will be shipped only after the entire payment is received by TrichoGene.

6.REFUND/RETURN POLICY

No refund will be provided after cheek swab collection kit is dispatched from our end (TrichoGene).
No Refund will be provided in the following events:

• a. If the Kit is used before or not in conformance of the instructions provided on the Instruction video.
• b. If the Kit is damaged at the time of use.
• If the Kit is provided to TrichoGene without the duly signed consent form provided with the Kit.

7.TRICHOGENE’S PROPRIETARY RIGHTS

All materials including, without limitation, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, available on the Website or the reports provided by TrichoGene (“TrichoGene Content”), and all Intellectual Property Rights related thereto, are the exclusive property of TrichoGene and its licensors.
Except as permitted by the copyright law applicable, the User or the Individual may not reproduce or communicate any TrichoGene Content, without the permission of TrichoGene.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any TrichoGene Content. Use of TrichoGene content for any purpose not expressly permitted by these Terms is strictly prohibited. Any unauthorized use of TrichoGene content may violate copyright laws, trademark laws, the laws of privacy and publicity.

8.PRIVACY & SECURITY

The User understands that by using the Services, the User consents to the collection, use and disclosure of the User’s or the Individual’s personally identifiable information and aggregate data as set forth in TrichoGene Privacy Policy, and to have such personally identifiable information collected, used, transferred to and processed. The personal information collected by TrichoGeneis subject to and governed by the Privacy Policy enunciated in the website.

9.EXPIRY/TERMINATION

TrichoGene reserves the right, in its sole discretion, to terminate the Services automatically upon the User’s material breach of any of the of these Terms.

10.PROHIBITED CONDUCT

The User agrees not to engage in any of the following activities:
o Violating laws and rights
The User shall not (a) use the Services for any illegal purpose or in violation of any local, state, national, or international laws, (b) submit Samples of a third person unless you have been so authorized by such person, or if such person is below 18 years of age, you are his legal guardian.
o Harming others:
The User shall not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
o Impersonation:
The User shall not impersonate another person or entity, or misrepresent their affiliation with a person, while using the Services.

11.INDEMNITY

The User agrees to defend, indemnify and hold harmless TrichoGene and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) the User’s use of and access to the Services; (ii) the User’s violation of these Terms; (iii) the User’s violation of any third-party right, including without limitation any right of privacy; (iv) the User’s violation of any applicable law, rule or regulation.

12.DISCLAIMER

These Tests screen for select clinically relevant genetic variations in human genomic DNA to assess genetic risk or predisposition to various diseases and/or traits. These Tests may require further confirmatory tests and advice of a qualified medical practitioner before any action is taken and TrichoGene shall not be responsible for the same. Genetic risks are merely indicators of the genetic condition of the individual. If data indicates no substantial genetic risk for a particular disease or condition, it does not imply complete protection of that individual from that particular disease. Similarly, if data indicates a substantial genetic risk for a particular disease or condition, it does not imply certainty to develop the disease or condition. The likelihood of an individual developing a particular health condition is substantially dependent on his/her lifestyle and other factors. Genetics is only part of the picture of any individual’s state of being. Also, the understanding of genetic information is rapidly evolving and at any given time TrichoGene can only comprehend part of the picture of the role of genetics, and only a trained physician or other health care provider can assess current state of health or disease, considering all the factors. Further, TrichoGene services are largely dependent on the assistance provided by TrichoGene’ partners depending upon their expertise in the relevant areas which shall cause certain variations in the Test results. TrichoGene shall not be responsible for such variations or for the loss of your Samples or any information, due to malfunction or destruction of data servers or other catastrophic events beyond our control. The individual taking the test shall continue seeking any advice or treatment that he/she has been availing from any other qualified healthcare provider or qualified medical practitioner for any previously diagnosed ailments or disease. No part of TrichoGene Services including but not limited to the reports, instructions video, genetic counselling call are intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. To the maximum extent permitted by applicable law, the services of TrichoGene are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, or non-infringement.

13.LIMITATION OF LIABILITY

In no event shall TrichoGene , be liable for any indirect, special, consequential, incidental or remote damages however caused, and whether based on contract, tort (including negligence), or any other theory of liability, regardless of whether TrichoGene has been advised of the possibility of such damages. The direct liability of TrichoGene for any and all claims arising out of the Tests shall not at any point exceed the fees paid for the Test under which the claim has arisen.

14.CONTACT US

TrichoGene understands that the Individual is entitled to receive sufficient information about what is proposed to be done, reliability of the Test, and what will be done with the collected Samples. Please contact TrichoGene at hello@trichogene.in for any queries in relation to the Tests. Please note that we shall be recording all calls and maintaining records of all emails for our internal purposes.