is the sole and absolute owner of www.bugspeaks.com (the “Website”). The Website along with all its features, functionality and services shall be that owned solely by LRB.
The Website Policies shall be applicable to all of the following persons:
Any person accessing the Website or availing the Services in any manner;
Any person or entity on behalf of whom you are accessing the Website or availing the Services.
Any person accessing the Website or availing the Services on behalf of or for the benefit of any other person hereby represents that he/she has all necessary rights and authorisation to represent such person or entity. Consenting to the Website Policies by any User shall irrevocably bind any person or entity such user may be representing or on whose behalf such User is using the Website or Services and such person or entity shall be liable for any loss, damages or costs arising due to your use of the Website or the Services.
Any User who does not consent to the Website Policies shall immediately cease using the Website and the Services in any manner.
The Website Policies shall govern the following:
Accessing and using the Website and the Services;
Collection of or Providing Samples to LRB;
Submission of information to LRB;
Use of information by LRB;
Any content present on the Website or within any of LRB’s online resources.
1.1 “Confidential Information” shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the other Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to either Party’s application or software of any of its associates, subsidiaries or representatives.
1.2 “Force Majeure” shall mean any event beyond the control of the Parties that prevents either party from performing their respective duties including but not limited to any Act of God, riot, war or electrical shortages.
1.3 “Intellectual Property” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired:
patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof;
rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations;
rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress;
rights relating to the protection of trade secrets and Confidential Information; and
internet domain names, internet and world wide web URLS or addresses; and
all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
1.4 “Partner Labs” or “Third Party Lab” shall mean and include any diagnostic, medical or clinical lab authorized by LRB to conduct any test on the samples collected by LRB or submitted by any User in the required format.
1.5 “Party” shall refer to either the User or to LRB as the context may suggest and the Users and LRB may be collectively referred to as the Parties.
1.6 “Services” shall mean any and all services provided or otherwise offered by LRB including but not limited to bioinformatics and research and analysis of genomic data for research purposes.
1.7 “Territory” shall mean the territory of India or such other places as notified by LRB from time to time or such other locations where LRB may commence its operations.
1.8 “User” shall mean and include any person accessing the Website or availing any of the Services OR any person on whose behalf the person is accessing the Website or is availing the Services.
1.9 “User Account” shall mean an account created by the User on the Website in order to avail the Services.
1.10 “User Content” shall mean any and all such information, material or content posted, uploaded, published, distributed, transmitted or made public anywhere on the Website by the User
1.11 “Partner” shall mean and include any medical lab or allied health service providers.
1.12 “Sample” shall mean and include any and all biological samples either collected by LRB or provided to LRB for the purpose of co-ordinating testing, analysis and reporting.
2.1 LRB provides microbiome and genome analysis services. LRB computes, analyzes and stores genome data and provides Users with clinician and consumer friendly reports.
2.2 The Services offered by LRB include without limitation:
Genome Data Analysis;
Clinical Interpretation of Genomic Data;
Analysis & Interpretation of Genomic Data for Research;
Systems Biology Services;
Sample collection and coordination with Partner Labs
2.3 At the option of the User, LRB may offer services related to collection of samples including but not limited to blood, urine and stool samples from the Users. LRB may charge additionally for such services.
2.4 Additionally, LRB shall also provide services related to coordinating with DNA sequencing laboratories for the benefit of its Partners.
2.5 All Services offered by LRB are in accordance with any and all applicable laws within the respective Territories in which it offers its Services.
2.6 Any User availing the Services of LRB from any location beyond the Territory shall be doing so at their sole option and risk.
2.7 LRB is not a healthcare provider or a licensed medical practitioner and is only conducting independent research and analysis on Samples submitted by the Users. The information provided by LRB based on the analysis of any Samples may be relied upon by the Users at their sole option and risk.
2.8 LRB advises all Users to consult with a licensed medical/healthcare practitioner prior to relying on the analysis provided by it and prior to taking any action based on such analysis.
2.9 LRB may in certain cases engage with Partners in order to conduct the research and analysis on Samples submitted by the Users and the Users hereby consent to the same.
2.10 Once the samples have been submitted LRB shall conduct an analysis of the same and shall submit the results to the concerned User within 30 (Thirty) business days.
2.11 Once the analysis is completed the User shall be informed of the same and the User may then login to his/her User Account to view and download the Analysis Report generated by LRB.
2.12 The results of the analysis shall not be shared with any person other than the concerned User.
2.13 In the event of any errors in the analysis and if such errors are a result of LRB’s actions or omissions, then LRB shall re-analyse the Samples at no additional charge.
2.14 The Samples along with the information submitted by the Users at the time of registration and account creation shall be considered and analysed while preparing the User report. LRB may also collect certain additional information including but not limited to clinical case studies from publically available biological data in order to provide a value add to its Services and Users hereby consent to the same.
3. CONDITIONS OF USE:
3.1 Users may access the Website and use the Services only in accordance with any and all applicable laws such User may be subject to as well as in accordance with the Website Policies.
3.2 Only Users who have attained the age of 18 (Eighteen) years or more may access the Website and avail the Services. Any User below the prescribed age may access the Website and avail the Services only under the supervision of their parents or guardian. LRB shall not be liable for any loss or damages arising to any person or entity due to the use of the Website or the Services by any person below the age of 18 years. In the event the wishes to avail the services for another person, such person shall have to be registered as a separate User and a request can be generated for the purpose of linking the account with that of the User Account.
3.3 The User shall have complete access to the services offered by LRB and may after reading through the details of all, book one or many as per their specific needs and requirement. In the event, the User may have any special needs or questions they may feel free to contact us at email@example.com.
3.4 Once the User has booked the Service as per their choice, the Websites executive shall contact them via their selected means of communications and further allot a time frame for the purpose of collecting the sample as per the convenience of the User. The User may be sent an e-mail/Sms regarding booking of such appointment. In the event, the User shall for any reason be unable to meet the executive at the given time slot or needs to reschedule the given appointment slot, the User must notify the Website of such at least TWELVE (12) hours prior to such appointment. In the event the User fails to notify the Website and fails to meet the Appointment, he/she can reschedule the appointment by paying for an extension within 48hours of the initial appointment.
3.5 LRB provides the User complete and sole discretion to choose the location for pick-up of the sample. The User shall at the time of reserving the appointment slot also provide the Website with the choice of their pickup location for the samples. Once the User has provided such information, LRB shall contact them for confirming the time and place for pick-up of such sample.
3.6 Users shall be required to submit only their respective Samples and may submit Samples on behalf of any other person only with such person’s express consent. In the event, the User submits a sample or makes an appointment to collect a sample on the behalf of another person, i.e. a child, an aged parent for example, such person shall have to be registered and specified expressly as such. The User shall, in such event, fill a separate questionnaire for the collection of such sample. LRB has complete discretion and shall reserve all rights to take appropriate action as set forth in these Terms or as prescribed under applicable law against any User who has or in LRB’s sole opinion has submitted Samples belonging to another person without such person’s consent.
3.7 LRB shall take utmost care and responsibility for the safe keeping of the samples collected. However, in the event the sample collected is misplaced or contaminated for any reason whatsoever LRB shall notify the User and schedule another appointment for the recollection of the samples without any charge to the User. The samples collected shall be sent to partner labs for the purpose of testing and analysis_. After running the samples for approved tests, LRB shall receive the test reports and related data and provide Genome Data Analysis with respect to such reports and data.. Once the samples collected have been tested for the approved tests, the partner labs may store them for a period of 30 days for the purpose of retesting them if needed. After the given deadline, the partner labs shall dispose and destroy the samples as per the medical and legal approved methods. LRB assures that the partner labs shall not conduct any test on the sample which would not have been expressly approved by LRB.
3.8 The information provided LRB and its Services are intended only for the non-commercial use by Users and Users shall not use the same for any purpose contrary to these Terms or to any applicable laws. Any User wishing to use the Services for any commercial purpose shall notify its intent to LRB and seek consent for the same which shall not be unreasonably withheld. Such use of the Services by the User for any commercialising purposes shall be subject to a further agreement to be entered into between the Parties.
3.9 All information and content present anywhere on the Website, within the Services or in any other online resource owned by LRB shall be that belonging solely to it or otherwise duly obtained.
3.10 LRB does not and shall not be able to verify the accuracy of any Samples submitted by Users and all Users are requested to submit true Samples so as to receive accurate analysis.
3.11 Users shall be required to submit the Samples in the form of Genome Files (FastQ Format) and Genome Panel Files (Text Format). LRB shall not conduct analysis on any Samples submitted in any format other than those mentioned above.However, in cases where the samples are physically collected by LRB, the User shall not be required to submit any further document or sample in any format and LRB shall do the needful.
3.12 All Samples submitted by Users and the analysis on such Samples shall be stored by LRB on its servers or on any Cloud Based server certified by the Health Insurance Portability and Accountability Act, 1996 (“HIPAA”).
3.13 All information provided by LRB are provided on an ‘as is’ basis based on the analysis conducted by LRB and LRB shall not be liable for the results of any analysis or research conducted by it except in the case of gross negligence on the part of LRB.
4. RESTRICTIONS ON USE:
4.1 Users shall not in any manner:
Reverse engineer, decompile, disassemble, copy, duplicate, sell, offer for sale, trade, alter, modify or create derivative works based on the Website, the Services or any part thereof. Neither shall Users attempt any of the above mentioned actions;
Submit any Samples belonging to any third party unless on obtaining the concerned person’s consent and authorisation;
Breach, circumvent or probe or attempt to breach, circumvent or probe the security measures adopted and maintained by LRB for safeguarding the Website, the Services and all Confidential Information;
Alter or disrupt, in any manner, any of the features or functionality of the Website and the Services;
Alter, remove or obscure or attempt the same to any of the trademarks, copyrights or other proprietary content belonging to LRB present anywhere on the Website or within the Services or on any other online resource owned or maintained by LRB;
Alter or tamper with in any manner or attempt to alter or tamper in any manner any of the Samples submitted to or any of the reports generated by LRB;
Contact or attempt to contact any other User or Partner;
Advertise, market or promote any products or services other than those belonging to LRB;
Restrict any other User’s access to the Website or the Services;
Enable any website crawlers, spiders or other similar programs to cache or archive the Website or any part thereof;
Post any advertisements or links anywhere on the Website or within the Services unless on receiving LRB’s express consent in writing;
Make public, publish, distribute, transmit, upload, post or display anywhere on the Website, within the Services or in any other online resource belonging to LRB any information, material or content that is or may be construed as harmful, threatening, hurtful, discriminatory, defamatory, fraudulent, misleading, unlawful, vulgar, obscene, pornographic, paedophilic, or contains any viruses, Trojans, malware or other forms of malicious software or programs that may affect the features or functionality of the Website or the Services or any information, material or content for which they have not obtained necessary rights or consent to.
4.2 LRB further reserves the right to limit the User’s use of the Website and the Services and may restrict Users access to certain portions of the Website and the Services.
5. USER ACCOUNTS AND CONTENT:
5.1 LRB offers its Services only to such Users who have registered on the Website and have created an account on the Website (“User Account”). Once Users create an account they shall be required to verify the same through an E-mail sent by LRB. In the event the User wishes to avail the Services on behalf of another family member i.e, a child or a family member, he/ she shall have to create an account in the name of such person, request such account to be linked to his/ her Account.
5.2 Users shall ensure that all of the information that they may submit at the time of registration and account creation is true, accurate, complete and up to date in all material aspects to the best of their knowledge. In the event any information submitted by any User is found to be false, misleading or inaccurate, such User’s account shall be terminated and LRB may, in is sole discretion, restrict such User from further accessing the Website or availing the Services.
5.3 LRB shall have complete and sole discretion to terminate any User’s account in the event of any infraction. In the event any User Account is terminated, all associated information, material and content shall be removed or otherwise deleted from all of LRB’s servers within [insert details] days from the date of termination.
5.4 Users shall not post any information, material or content anywhere on the Website or within the Services unless such an option is provided by LRB. All information, material or content, including but not limited to any information, images, files, videos or text published, posted, uploaded, transmitted or made public by any User or through any User Account anywhere on the Website, within the Services or on any other online resource owned or maintained by LRB (“User Content”) shall be subject to such restrictions as set forth in these Terms.
5.5 Users shall ensure that they have obtained all necessary consents and licenses prior to posting any User Content anywhere on the Website or within the Services. LRB shall not be liable for any User Content and the same shall be the sole responsibility of the concerned User.
5.6 LRB does not claim any right over any User Content, however, Users grant in favour of LRB a limited, worldwide, royalty free, non-exclusive right to use, sell, offer for sale, trade, distribute and incorporate such User Content for the purposes of advertising and marketing its Services as well as to develop further services.
5.7 LRB reserves the right to monitor and record any and all User Content, however, this shall not place any obligation on LRB to undertake regular monitoring of any User Content and LRB shall not be liable for the same.
5.8 User Accounts may be used only by a single User and sharing of accounts and account details are hereby expressly restricted. Neither shall Users access or attempt to access the account of any other User. Neither shall Users contact or attempt to contact any other User through the Website.
5.9 Users shall be solely responsible in ensuring the safety and security of their respective user Accounts.
5.10 Users are requested to ensure that all information submitted to LRB is and continues to be accurate and up to date and to update the same as and when required.
5.11 LRB reserves the right to, in its sole discretion, remove the whole or any part of the User Content for any or no reason.
5.12 Users shall further ensure that they do not make public any User Content that contains any sensitive, proprietary or Confidential Information pertaining to LRB, any User or to any Partner.
5.13 In the event any User makes any reference to the Services in any article or presentation the User shall ensure that it has duly and clearly acknowledged LRB to be the provider of such Services.
5.14 By creating a User Account or by registering on the Website, the Users shall consent to receiving communications from LRB concerning the Website and the Services.
6. WEBSITE CONTENT:
6.1 All of the information provided by LRB anywhere on the Website or within the Services or in any other online source owned by it shall be done so on an ‘as is’ basis and LRB makes no representations or warranties, of any manner, concerning such information. All such information is intended for general informative purposes and Users shall be relying on the same at their sole option and risk.
6.2 LRB may also, at its sole discretion, display certain third party links and advertisements on the Website and within the Services. Such links and advertisements shall be displayed for a variety of reasons including for the purposes of advertising the same.
6.3 No link or advertisement present on the Website or within the Services is verified by LRB and the Users may rely on or follow the same at their sole option and risk.
6.4 LRB makes no representations or warranties of any manner regarding the links and advertisements present on the Website or within the Services neither does LRB support or endorse any information or content present in such advertisement or link and the same will be the views and opinions of such link’s proprietor.
6.5 LRB shall not be a party to any to any interactions or transactions entered into between any User and the proprietor of any link or advertisement present on the Website or within the Services and hence LRB shall not be liable for any resulting loss or damages arising to the User.
7.1 The fee for the Services shall be as present on the Website from time to time. The prices of certain Services shall be made known to Users on contacting LRB. None of the prices shall be negotiable.
7.2 All payments shall be required to be made in total prior to availing the Services. LRB shall start rendering the Services only on the receipt of the complete payment from the User.
7.3 LRB reserves the right to revise any or all of the prices at its sole discretion. No prior notice shall be provided prior to revising any prices and the revised prices shall come into effect from the date the same is made available on the Website or in any communication sent to the User. Continued use of the Website or the Services after the revision of the prices shall be construed as the User’s acceptance of the revised prices.
7.4 LRB does not offer any refunds or returns on any payments made by the User.
7.5 Each Party shall be solely responsible for ensuring all of its tax compliance. In the event that LRB is required to make any payments as tax or to any governmental authority which would be the responsibility of the User, LRB reserves the right to add such costs to the invoice raised against the concerned User.
7.6 Payments may be made either by way of PayPal, Bank Transfers or such other means as specified by LRB from time to time.
8. CONFIDENTIAL INFORMATION:
8.1 Both Parties shall treat any and all information provided by the other Party as confidential with the highest degree of care similar to that employed by it over its own Confidential Information. However, LRB shall not have any duty of confidentiality over any information that is made public anywhere on the Website by any User.
8.3 Users shall not use or disclose, in any manner unless expressly permitted by LRB, any Confidential Information pertaining to LRB.
8.4 LRB shall disclose certain Confidential Information to its employees, Partners, service providers in order to provide the Services to the User and the Users hereby consent to the same. LRB may further disclose certain Confidential Information pertaining to Users to any person or entity acquiring it, acquired by it or it may merge with at any time in the future and the Users hereby consent to the same.
8.5 However neither the User nor LRB shall be liable for any breach of Confidential Information in the following events:
If such information is existing or available in the public domain;
If such information was disclosed due to no fault of the Parties’
If such information was disclosed in compliance with any applicable law;
If such information was disclosed in order to comply with any order or direction received from any governmental authority or competent court.
8.6 Users hereby acknowledge that any unauthorised use or disclosure of any Confidential Information pertaining to LRB may cause it to suffer losses for which monetary compensation may not prove satisfactory and that LRB reserves all rights available under law including injunctive relief in order to remedy or restrict such disclosure.
9. INTELLECTUAL PROPERTY:
9.1 Any and all Intellectual Property present anywhere on the Website, within the Services or present in any online resource owned or maintained by LRB, including but not limited to any trademarks, copyrights, patents, designs, domain names and website interface shall be that belonging solely to LRB or otherwise duly obtained in accordance with any and all applicable laws.
9.2 Users shall not, in any manner, use any of the intellectual or proprietary property belonging to or otherwise obtained by LRB unless on receiving LRB’s express consent in writing.
9.3 In the event any information present on the Website, within the Services or in any other online resources owned or maintained by LRB contains the copyrighted work of any person, the same has been inadvertently included and is not intended for any commercial purpose. LRB shall use best efforts to acknowledge the source of all information and content that is not owned, licensed or created by it.
9.4 LRB shall on a request from the proprietor or author of any Intellectual Property remove all Intellectual Property belonging to such person or entity present on the Website within [insert details] days from receipt of the request regardless of who may have used, published, displayed, made public or incorporated such Intellectual Property.
9.5 In the event any User develops, discovers or improves upon any Intellectual Property based on the Website, the Services or any information provided by or obtained from or pertaining to LRB, the same shall be the sole and absolute property of LRB and Users hereby accept and agree that they shall assign all rights held by them in the same for the sole benefit of LRB.
9.6 LRB hereby grants in favour of the User a limited, non-exclusive, non-transferable and fully revocable right to use the Services for the purposes of obtaining an analysis on Samples submitted by them and such other purposes as agreed on by LRB.
9.7 Any loss, damages, costs, actions or suits arising due to the use of any Intellectual Property by any User for any purpose other than those permitted by LRB shall be indemnified or defended against by such User.
9.8 Users shall not in any manner reverse engineer, decompile or disassemble any of the Intellectual Property belonging to or obtained by LRB.
9.9 Any right not specifically granted in favour of the User shall not be construed to have been granted and the unauthorised use of any Intellectual Property belonging to or obtained by LRB shall result in the initiation of appropriate action by LRB.
10. INDEMNITY AND LIABILITY:
10.1 Users shall indemnify and defend LRB, its employees, Partners, agents, representatives, associates and intermediaries from and against any and all losses, damages, costs (including attorney fees), suits or actions that may arise due to the acts or omissions of the User including but not limited to any violation of the terms of the Website Policies, infringement of any Intellectual Property or for the violation of any third party rights.
10.2 The Users hereby accept and agree that they shall, as is reasonable, provide all required assistance in defending any action or suit arising against LRB due to the conduct of the User.
10.3 LRB shall not be liable in any manner for any User Content posted or published anywhere on the Website or within the Services. Neither shall LRB be liable for any loss or damages caused to any User due to relying on any information present on the Website, within the Services or in any online resource owned or maintained by LRB.
10.4 LRB shall use best efforts in rendering the Services in a professional manner with the highest degree of quality. However, LRB shall not be liable for any delays or for the results of any analysis conducted by it except in the case of gross negligence on the part of LRB.
10.5 The maximum extent of LRB’s liability, if any, shall be restricted to such fee charged by it to the User for the Services rendered.
10.6 Neither shall LRB its employees, agents, Partners, affiliates or representatives be liable for any loss of profits, income, revenue, business, goodwill arising out of these Terms or under contract or tort (including negligence) or for any User’s inability to use the Services or access the Website regardless of whether LRB has been advised of the same or if LRB has a duty to know the same.
10.7 LRB shall not be liable for any effects, medical, mental or physical, that may be an outcome of the User’s perusal of the report generated by LRB based on the analysis undertaken on his/her sample. Nor shall LRB be liable for any actions that the User may take based on the analysis undertaken by LRB.
10.8 LRB shall not be liable for any non-performance or delays arising due to a Force Majeure event.
10.9 The Users understand and agree that LRB is not a diagnostic, medical or clinical laboratory and it only co-orindates to get appropriate authorized tests done on User samples to get data from Partner Labs for Genomics related analysis and study. No opinion from LRB or any of its personnel shall be considered as medical opinoin and any reliance on the analysis and reporting provided by LRB is at the sole option and risk of the Users.
10.10 Certain limitations may not be valid and enforceable in certain jurisdictions and hence such limitations shall not be applicable to Users within those territories.
11. REPRESENTATION AND WARRANTIES:
11.1 Users hereby represent and warrant to LRB that all of the information, material and content provided by them is true, accurate and complete in all material aspects to the best of their knowledge and that any and all Samples submitted by them are either their respective Samples or that of another person that has authorised such User to submit his/her sample.
11.2 LRB makes no representations or warranties of any manner regarding the merchantability, fitness, accuracy of the Services and hereby excludes all representations and warranties permissible under law. Neither does LRB make any representations or warranties that the results of the Services shall be accurate, complete or otherwise error free.
11.3 The results of the analysis and research undertaken by LRB is provided on an ‘as is’ basis and is intended for informative purposes only and the Users shall have to consult with an expert prior to relying on the same. All reliance placed on the analysis shall be at the User’s sole option and risk.
11.4 All information and reports provided by LRB shall be in accordance with all applicable laws within the Territories and the same is not intended as medical advice, diagnosis or treatment.
12.1 These Terms shall continue to be binding upon the Users for the entirety of their use of the Website or the Services and shall expire on such date as the User may disable or delete his/her respective User Account.
12.2 LRB reserves the right to terminate theses Terms or otherwise disable or delete any User Account, for any or no reason, by providing an advanced notice of [insert details] days of its intention to delete, disable or terminate.
12.3 LRB further reserves the right to disable or delete any User Account effective immediately in the event that the User is in violation of any of the provisions contained in the Website Policies which shall include but not be limited to non-payment of the fees.
12.4 In the event any User is found to have submitted false Samples or Samples belonging to any other person for which it has not received due authorisation for, LRB shall, effective immediately, disable or delete such User’s account.
12.5 On the termination of these Terms or in the event any User’s account is disabled or deleted, such User shall henceforth have no right to access the Website or avail the Services in any manner.
12.6 Any rights granted to the User shall cease from the date of termination of the Terms or from the date such User’s account is deleted or disabled.
12.7 In the event that any User has paid the prescribed fees for the Services and such User’s account has been disabled or deleted by LRB, LRB shall, at its sole discretion, continue rendering the Services for which payment has been received or refund the fees for Services yet to be rendered.
12.8 Users are requested to make appropriate copies or backups of any and all data that is stored with LRB, the same shall be destroyed within [insert details] days from the date of termination, deletion or disablement or within 3 (Three) months from the date of generating the User report unless agreed otherwise by the Parties. LRB shall not be liable for any loss or destruction of any User data after the above mentioned periods.
12.9 On the termination of the Terms any and all Clauses placing an obligation on the User including but not limited to Confidentiality, Indemnity, Intellectual Property, Termination, Representations and Warranties and Miscellaneous provisions shall be continue to be binding upon the Users.
12.10 Any and all obligations of the User which may have accrued prior to the termination of these Terms including but not limited to payment of any fees shall be due and payable.
12.11 On the termination of these Terms, the User shall return or on a notice received from LRB remove or destroy any and all information stored with it whether physically or in an electronic form and the User shall certify such removal or destruction in writing in a form and manner acceptable to LRB.
13. NON-COMPETE AND NON-SOLICITATION:
13.1 Users shall not use any confidential or proprietary information they may have received or obtained from LRB its Partners or from any other User to compete, either directly or indirectly, with LRB.
13.2 Neither shall Users use any of the abovementioned information to develop any services similar to that offered by LRB.
14.1 LRB reserves the right to revise or remove the whole or any part of the Website Policies as and when it may deem fit. LRB shall be under no obligation to inform Users prior to any revisions. The revised Website Policies shall be effective from the date the revised Website Policies are made available online and continued use of the Website or the Services by any User after the revised Website Policies have been effectuated shall be construed as the User’s acceptance of the revised Website Policies.
14.2 LRB further reserves the right to modify the whole or any part of the Website or the Services including but not limited to the user interface and no prior notice shall be given for the same.
14.3 Users shall not assign any rights or obligations they may have under these Terms, including any rights granted with regard to the use of the Services, to any other person unless with the express written consent of LRB.
14.4 Any leniency or failure or delay on the part of LRB in taking action against any user for the violation of the Website Policies shall not be construed as a waiver of the rights of LRB and shall not impede LRB from enforcing its rights at a later time.
14.5 The Website Policies shall constitute the entire understanding and agreement between the Parties and shall supersede any and all other agreements or understandings between them.
14.6 In the event that any clause of the Website Policies is found to be invalid, unlawful or otherwise unenforceable the same shall be suitably modified in a manner that most closely reflects LRB’s intention while remaining valid, lawful and enforceable.
14.7 The Website Policies shall be construed in accordance with the applicable laws of India and the Courts at Bangalore shall have exclusive jurisdiction over any claim or dispute that may arise out of or related to the Website Policies.
15.1 All Users are encouraged to contact LRB regarding any queries they may have or in the event they identify any violation of the provisions of the Website Policies including but not limited to any infringement of any Party’s Intellectual Property.
15.2 Users may contact LRB by writing to firstname.lastname@example.org