Terms of Service

These Terms of Service (“Agreement”) govern your use of the online interfaces owned and controlled by Triomics Healthcare Private Limited (“Triomics”), including the Website (www.triomics.in), and the services available to users through the website including Trials2U and Trial Search (“Services”). Your compliance with these Terms of Use is a condition to your use of the Website. If you do not agree to be bound by the Terms of Use, promptly exit this site and cease use of all our Services immediately. Please also consult our Privacy Policy (accessible here) which outlines how we collect and use your information to perform our Services. Your access or use of the Website creates a binding and enforceable legal agreement between You and Triomics and signifies your understanding, acceptance and consent to be bound by the terms and conditions contained in the Website’s Policies. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may be informed to you in writing. You should revisit this page at regular intervals to determine whether there have been any modifications. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

The Agreement is published in compliance of, and is governed by the provisions of Indian law,including but not limited to:

  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000,
  3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), and
Note: The terms ‘You’ or ‘Your’ refer to you as the user (registered or unregistered) of the Website, irrespective of whether you are a trial investigator, sponsor, patient, doctor, and the terms ‘We’, ‘Us” and ‘Our’ refer to Triomics. Some conditions herein may be applicable only to a certain category of Website users, which may either be expressly stated or can be logically construed.

SERVICES

Trial 2U

The Trial 2U connects clinical trial sponsors and suitable investigators and sites. Investigators are required to set up a detailed profile, based on which Triomics shares anonymized details of the investigator with sponsors who are looking for investigators for upcoming trials.

Trial Search
The primary objective of the Service is to facilitate the subject enrolment process for the clinical trial investigators. A database of ongoing and upcoming clinical trials that are actively enrolling subjects is displayed on the Website for doctors and potential subjects to access. The Website also serves as a directory of clinical trials that doctors and patients may refer to for informational purposes. Clinical trial investigators may submit an application to have their trial listed on the Website, to invite expressions of interest from other Doctors (defined below) or patients who are looking to undergo the experimental treatment. Upon receiving expressions of interest, the investigator may contact the patient and evaluate whether they would be a suitable candidate for the trial. Doctors may use the Website to keep abreast the latest developments in their field. The doctor may recommend a trial to their volunteering patient who would be a suitable candidate for the trial (“Recommending Doctor”). Patients may browse the database to educate themselves about the experimental treatments that are available to them, and may submit an expression of interest through the Website so the recruiting doctor can get in touch to evaluate whether the patient would be a suitable candidate for the trial.

Physician and Patient Awareness Service
The Website offers a Physician Awareness Service and a Patient Awareness Service. As part of the Physician Awareness Services, a Recommending Doctor has the option to directly send details of the clinical trial as available on the Website to his or her patient so that the patient can evaluate his or her options and approach the Recruiting Doctor to obtain further details as per approved patient information sheet. Alternatively, a Physician may share the details of the interested patient with the investigator through Triomics so the investigator can directly contact the patient to evaluate the options.

NO DOCTOR-PATIENT RELATIONSHIP

Triomics is not involved in the rendering of any medical services or consulting, including but not limited to evaluation of patient’s suitability for a trial, medical advice, diagnosis, or treatment plan. You hereby acknowledge and agree that there is no doctor-patient relationship between Triomics and You. The Services provided by Triomics are only for general informational and educational purposes and does not constitute professional or medical advice, diagnosis, treatment, consultation or healthcare service in any way, and must not be relied upon as such. The information provided on the Website has been submitted by the investigator or trial sponsor at the time of listing, and Triomics is not obligated to verify the information therein. You understand and agree that any interactions and associated issues with the investigator facilitated by the Website or its Services, including but not limited to the non-selection in the trial, adverse outcomes as a result of participation in the trial and medical-service issues, is strictly between you and the Investigator . You shall not hold Triomics responsible for any such interactions and associated issues.

REGISTRATION ON THE WEBSITE

You will be required to create an account on the Website to access most Services on the Website. For the Trials 2U Service, you must compulsorily register with the requisite details to be considered as a trial investigator. To avail of the Trial Search facility, you will have limited access without creating an account: You may browse the directory of ongoing and upcoming clinical trials listed on the Website without creating an account, however, you must register as a member to either express interest in a clinical trial or recommend a clinical trial to your patient. You will be required to share Your Personal Information with us to register on the Website and avail of the Services. You shall not create an account on behalf of any third party unless you have been expressly authorised to do so. If You are a Recommending Doctor, you must obtain consent from the patient before sharing the patient’s Personal Information with Us. You are solely responsible for ensuring that the information that You provide to us is honest and accurate. Triomics is not obligated to allow You unconditional access to the Website or Services. Triomics reserves the right to block or terminate Your account if You are found to violate this Agreement, the Privacy Policy, or if Triomics determines it necessary to deny access to You for any reason whatsoever.

LINKS TO OTHER SITES

The Website may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse these sites or the products and services they provide. You acknowledge and agree that Triomics shall not be responsible or liable for the content or accuracy of third party sites. In particular, we do not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party web site or content.

NO SPAM

You may not use contact information provided by our users or listed investigators, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your account violates these provisions.

CONTENT YOU POST OR SUBMIT

You may be given the opportunity to submit feedback regarding your experiences with doctors who are featured on Website, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Website (collectively "Posted Information"). In addition:
You hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information that —

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. Triomics reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:

YOUR USE OF CONTENT

Except for Posted Information that you or any member of the Website submits, and the information contained in listings, all of the Information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Triomics’ proprietary information. Triomics gives you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Triomics does not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by Triomics to you are retained by Triomics.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Triomics or its contractors or agents or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Website or the Services, materials and functions related thereto whether or not Triomics has been warned of the possibility of such damages or could have reasonably foreseen such damages. In no event shall the total aggregate liability of the Protected Entities towards you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions your use of the Website exceed, in the aggregate, Rupees One Thousand (INR 1000) or the amount of payment against Services that has been directly received by Triomics from you in the past three months, whichever is lower.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Triomics, its distributors, agents, contractors representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Website or Services (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on your part

MISCELLANEOUS

Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

Triomics Healthcare Pvt Ltd
VILLA NO. D-103, PLOT NO. BGH-A, UPSIDC HOUSING SECTOR SURAJPUR Gautam
Buddha Nagar UP 201310 IN
Email: info@triomics.in


Notice to User: At the email address provided by you at the time of registration on the Website. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

Force Majeure (Act of God): Triomics shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Triomics’ reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

Assignment: You may not assign or sub-license, without the prior written consent of Triomics, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy and any other policies applicable to specific pages of the Application, the following order of prevalence shall apply: (i) any additional Service-specific terms and conditions that may be agreed by You (ii) Privacy Policy (iii) the Terms of Use and (iv) any other policies applicable to specific pages of the Application.

Survival: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, dispute resolution will continue and survive termination.

APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION

This Agreement shall be governed by and be interpreted in accordance with the laws of India. The competent courts of National Capital Region shall have jurisdiction to adjudicate and grant urgent interim reliefs to the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with this Agreement.

GRIEVANCE OFFICER

If you have any grievances, please write to our Grievance Officer, Mr. Ujwal Nagar at support@triomics.in and our officer will attempt to resolve Your issues in a timely manner.