TERMS OF USE

These Terms of Use ("Terms") govern the use of any product purchased from Animalia Biogenesis India Private Limited including but not limited to Platelet-Rich Plasma (PRP) Kit (“Product”) by its users (hereinafter referred to as, “You”, “you”, “your” or “User”). These Terms are updated by the Company from time to time, please review the document before each time that you use a Product. By using the Product, You hereby agree to be legally bound by these Terms. 

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USER ELIGIBILITY

The Product supplied by Animalia Biogenesis India Private Limited, a company duly incorporated under the (Indian) Companies Act, 2013 (hereinafter referred to as “Company” or “We” or “Us” or “Our”), is made available to veterinarians possessing recognized veterinary qualifications and duly authorized to practice. By accessing the Product, you represent and warrant to Us that you are: (i) a duly qualified and registered veterinary practitioner within the meaning of the Indian Veterinary Council Act, 1984, with a valid license to practice, registered with the respective state council or the Veterinary Council of India, (ii) fully aware of the uses and risks associated with the use of the Product, (iii) legally permitted to utilize the Product and conduct relevant procedures on animal patients, and (iv) exercising your own professional and veterinary expertise and discretion without reliance on any statements or representations made by the Company. If any of these representations prove to be inaccurate, whether in whole or in part, you may not use the Product in any manner whatsoever.

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INTENDED USE

Products sold by the Company are intended for veterinary use by registered veterinary practitioners who are qualified to treat animals and intended for veterinary use on animals alone. No Products offered by Us may be used on humans.

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INTELLECTUAL PROPERTY RIGHTS

The rights, title, ownership, and beneficial interest in any and all intellectual property rights ("Intellectual Property") of the Company are the sole and exclusive property and right of the Company, its affiliates or third parties. You shall not, directly, or indirectly, engage in any reverse engineering, disassembly, or any other form of analysis or reproduction of the Product or any part thereof. You may not reproduce, distribute, or modify the Product or any part of the Product.

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DISCLAIMERS AND WARRANTIES

BY USING THE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE PRODUCT IS SUITABLE FOR YOUR INTENDED USE, AND FOR THE RESULTS OBTAINED FROM USING THE PRODUCT. YOUR USAGE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED BY US ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCT OR THE INFORMATION AND CONTENT INCLUDED ON THE PRODUCT.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN SOLE RISK. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, WE DO NOT WARRANT THAT THE PRODUCT: (I) SHALL PROVIDE ANY GUARANTEED OR INTENDED RESULTS; (II) WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS, OR EXPECTATIONS; (III) SHALL NOT RESULT IN ANY ALLERGIC OR OTHER REACTIONS OR RESPONSES BASED ON ITS MANNER OR USE AND NATURE AND CIRCUMSTANCES OF PATIENT. BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU ARE DOING SO IN YOUR PROFESSIONAL CAPACITY WITH FULL AWARENESS OF THE POTENTIAL EFFECTS, HARMS AND RISKS IN DOING SO. YOU FURTHER AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN SOLE PROFESSIONAL DETERMINATION AND DISCRETION AND THAT THE PRODUCT BY ITSELF DOES NOT CONSTITUTE VETERINARY ADVICE.

 

YOU SHALL BE LIABLE AND RESPONSIBLE FOR USING THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE INSTRUCTION MANUAL ("MANUAL") PROVIDED TO YOU AS A GUIDE CONTAINING BASIC INSTRUCTIONS ON HOW THE PRODUCT IS NORMALLY USED. THE MANUAL CONTAINS A NON-EXHAUSTIVE LIST OF PRECAUTIONS, AND NOTHING IN THE MANUAL SHOULD BE CONSIDERED A REPRESENTATION OR WARRANTY MADE BY US. WE HEREBY EXPRESSLY DISCLAIM ANY IMPLIED REPRESENTATIONS AND WARRANTIES THEREIN.

 

WE SHALL NOT BE HELD LIABLE OR RESPONSIBLE, DIRECTLY, OR INDIRECTLY, IN ANY MANNER WHATSOEVER FOR YOUR USE OR MISUSE OF THE PRODUCT. YOUR USE OF THE PRODUCT SHALL BE AT YOUR SOLE RISK AND LIABILITY. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND LIABILITIES ARISING FROM ANY USE OF THE PRODUCT OTHER THAN THE INTENDED AND AUTHORIZED USE. YOU SHALL BE SOLELY AND ABSOLUTELY RESPONSIBLE FOR ANY AND ALL SUCH LIABILITIES. WE FURTHER EXPRESSLY DISCLAIM LIABILITY AND RESPONSIBILITY FOR ANY AND ALL COSTS, DAMAGES, OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE, MISUSE, UNAUTHORIZED OR ILLEGAL USE, OR MANNER OF USAGE OR ADMINISTRATION OF THE PRODUCT. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS DIRECTORS, EMPLOYEES, ASSOCIATES, AND/OR THIRD-PARTY PARTNERS DISCLAIM ALL WARRANTIES OR GUARANTEES – WHETHER STATUTORY, EXPRESS, OR IMPLIED – INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

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INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify the Company or its directors, employees, associates and/or partners for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Product; (ii) improper usage of the product or improper selection of patient (iii) breach or noncompliance with these Terms and/or instructions contained in the Manual accompanying the Product; or (iv) any act, neglect, misconduct or fraud on Your part; or (v) your violation of applicable laws of the land. 

 

To the extent permitted by law, in no event shall the Company, its affiliates, licensors, suppliers or any third parties be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from the unauthorised use of and/or inability to use the Product whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not we are advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for herein. In no event shall the Company’s total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed INR 2,000/- (Two Thousand Indian Rupees Only).

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MODIFICATIONS TO TERMS

We reserve the right to change or modify, from time to time, any provision related to the Products or these Terms. Any such change(s) will be uploaded to https://animaliabiogenesis.com/termsofuse and such modified version of the Terms shall be effective immediately upon the posting of revised the Terms in the said link. It is your responsibility to review the Terms that are maintained in the foregoing link before using any Products offered by the Company. Your continued use of the Product shall be deemed as your acceptance of the updated/amended Terms herein. If you do not accept such changes or modifications to these Terms, your sole remedy shall be to immediately cease your usage of the Product. 

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SEVERABILITY

All illegality, invalidity, or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity, or enforceability under the law of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

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WAIVER

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, their subject matter and any non-contractual disputes or claims are governed by the laws of India and in case of any dispute arising out of or relating to these Terms, You agree to the exclusive jurisdiction of the Courts of Chennai. We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary. 

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ENTIRE AGREEMENT

These Terms, the Manual, and the terms of the invoice raised between You and the Company shall together constitute the entire agreement between You and the Company concerning the use of the Product. Any prior or contemporaneous communications, representations, or agreements, whether oral or written, are superseded by these Terms. 

 

NOTICES

Any notices required or permitted by these Terms shall be in English, in writing and shall be sent via email to the Company at support@animaliabiogenesis.com.

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CONTACT DETAILS

In case you have any questions, queries, feedback, comments, or concerns regarding any aspect of these Terms, please contact us through e-mail at support@animaliabiogenesis.com.