TECHOLA Platform is owned, operated and maintained by KIHT-Kalam institute of Health & Technology, which is Incorporated under the Andhra Pradesh Society Registration Act 2001, and has its registered office at Visakhapatnam, Andhra Pradesh, India referred to as “KIHT”, "we," "us," “our” and "Techola".
Techola e-commerce multifaceted platform enables transactions between its participating registered and accredited /approved laboratories and various industry sectors like health care, industrial products etc involved in innovation, improvisation, and new products development.
If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.
To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business') legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Techola privacy notice.
Service fee charge by us from you on the shared price list of the test of Specimen/shipments/products are as follows:
Slab (Rs.) Service Fee (Rs.)
10,001 to 1,00,000 7%
1,00,001 and above 5%
You are responsible for all of the expenses in connection with this Service. For this You will provide us A valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to our Site, "Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer or the Bank.
At Techola’s option, all payments to you will be made to Your Bank Account, via electronic transfers or other means as specified by us. You agree that Techola shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account.
The terms of this Agreement will start on the date of your completed registration for use of one or more of the Services and continue until terminated by us as provided below. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice.
We may suspend or terminate your use of any Services immediately if we determine that:
(a) You have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion;
(b) Your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or
(c) Your use of the Services has harmed or our controls identify that it might harm other labs, customers, or Techola’s legitimate interest. We will promptly notify you of any such termination or suspension via email, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that
(d) You will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.
Each Party represents and warrants that:
(a) If it is a business, it is duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year;
(b) It has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder;
(c) It will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement.
5.1 You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to:
a) Your actual or alleged breach of any representations you have made;
(b) Any sales channels owned or operated by you,Your Products including the offer, sale, fulfillment (except to the extent attributable to the Fulfillment by Techola Service, if any), refund, cancellation, adjustments, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Techola) or property damage related thereto; or
(c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or
(d) Your non-compliance with applicable laws. /p>
5.2 Techola’s indemnification obligations. Techola will defend, indemnify, and hold harmless you and your officers, directors, employees and agents against any third-party Claim arising from or related to:
(a)Techola’s non-compliance with applicable laws; or
(b)allegations that the operation of a Techola Site infringes or misappropriation that third party’s intellectual property rights. 5.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
THE TECHOLA SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU ACCESS THE TECHOLA SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY TECHOLA TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. EXCEPT AS SET FORTH IN SECTION 5 ABOVE, WE AND OUR AFFILIATES WAIVE AND DISCLAIM:
(1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
(2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE;
WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER,RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF TECHOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and after termination:
(a) All Confidential Information will remain Techola exclusive property except for customer personal data owned by the respective customer;
(b) You will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and
(c) You will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law;
(d) You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and
(e) You will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations.
The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the Techola Mark as defined in and according to the Trademark Usage Guidelines of Techola. You may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.
You may not use any customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, you may not use such data in any way inconsistent with applicable law. You must keep customer personal data confidential at all times.
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.Service provider shall not be liable for any loss or delay caused to user because of the usage of the application or web- site including in cases where the service becomes unavailable temporarily due to any reason whatsoever or the provider chooses to discontinue the service.The lab shall adhere to the terms and conditions governing the relationship between service provider and innovators.
You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Techola is not an auctioneer, nor is it an intermediary between the innovator/customer and the laboratories. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.
We will provide at least 15 days’ advance notice in accordance with Section 17 for changes to the Agreement.However, we may change or modify the Agreement at any time with immediate effect .
(a) for legal, regulatory, fraud and abuse prevention, or security reasons;
(b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or
(c) to restrict products or activities that we deem unsafe, inappropriate, or offensive.
We will notify you about any change or modification in accordance with Section 17.Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.
Any password we provide to you may be used only during the Term to access Your Account (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.
You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent.
Techola retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies.
The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only.
In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail.You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfill any requirements under applicable Laws.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the customer/client/innovators with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.
You confirm and undertake that the supporting documents provided by You along with this consent form are true and correct to your knowledge and understanding and upon expiry update the certification Techola can lease operations on non-binding of this.You confirm to provide all necessary documents asked by us for listings of Services.
You agree that the Techola website is owned and operated within India and therefore,These terms and conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this platform, shall be subject to arbitration. In case of any dispute, the user may issue a notice of arbitration and the dispute shall be resolved by way of a arbitration by a sole arbitrator appointed by the service provider i.e. KIHT. The place of arbitration shall be at Visakhapatnam and the proceedings shall be in English.This Agreement shall be construed in accordance with laws of India.Subject to what is stated in Article 21 herein above, any proceedings under this agreement shall be subject to the exclusive jurisdiction of courts of Visakhapatnam, Andhra Pradesh only and no other court shall have jurisdiction.