Social Media: Terms of Use

  • Thank you for visiting KIN DIAGNOSTICS social media channels.

    KIN Diagnostics grants you the non-exclusive, non-transferable, revocable, limited access to the social media channels for your personal use and non-commercial purposes. Unless otherwise authorized in writing, you may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part/content of the social media channels (including, without limitation, any screenshots, videos, documentation or manuals relating to the social media channels). All other rights are reserved with KIN Diagnostics.

    KIN Diagnostics reserves all rights relating to the company's social media channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of its social media channels at any time.

    KIN Diagnostics does not represent that the information on KIN Diagnostics’s social media channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings. KIN Diagnostics shall not be responsible in any manner for any consequences arising out of or in connection with any interaction, discussion on the social media channels. You shall not share/post inappropriate content on our social media channels. KIN Diagnostics may, in its sole discretion, delete irresponsible content or content that is otherwise inconsistent with the purpose of KIN Diagnostics social media channels. To the extent applicable, KIN Diagnostics reserves the right to block any user that fails to follow these Terms of Use. Examples of inappropriate or off-topic messages include, but are not limited to, the following:

    • Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;

    • Calls to violence of any kind;

    • Activity that violates any law or regulation;

    • Attempts to target KIN Diagnostics or KIN Diagnostics Followers to offer goods or services, of either a commercial or private nature;

    • Spam directed at KIN Diagnostics or any of KIN Diagnostics’s Followers, including any form of automatically generated content or repeatedly posting the same content;

    • Content that includes medical advice that may be unsolicited and/or unverified;

    • Content deemed to constitute an unapproved use of any of our products or is otherwise false or misleading;

    • Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;

    • Other content deemed to be off-topic or to disrupt the purposes of the channel, its Followers, and its sense of community and acceptance; and

    • Content posted by fake or anonymous users.

    • Data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    • Content which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

    • Sexually explicit, obscene content or content which violates privacy rights or hurts religious sentiments.

    • Sensitive Personal Information

    Further, on KIN Diagnostics social channels you shall not :

    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

    • Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

    • Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    • Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the social media channels;

    • Modify, delete or damage any information contained on the personal computer of any other user;

    • Use the social media channels in any way related to gambling or illegal lotteries or illegal sweepstakes;

    • Harm the social media channels including using any program or other mechanism to slow or “crash” the network;

    • Allow usage by others in such a way as to violate these Terms of Use;

    Our social media channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales and service experiences of our products. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you’re interested in sharing comments or feedback outside the scope of these channels, you can send a message through the “Contact Us” tab on KIN Diagnostics India. Comments may be forwarded to other KIN Diagnostics departments and personnel to ensure appropriate follow-up. KIN Diagnostics shall not be responsible for any advice, suggestions given on such social media channels whether or not by any KIN Diagnostics representative.

    Please keep in mind that KIN Diagnostics does not create, control, represent, or endorse any opinions or statements expressed by others within its social media channels, including those that Follow/Like KIN Diagnostics and those Followed/Liked by KIN Diagnostics and that any content posted by anyone other than KIN Diagnostics is the responsibility of the submitter and not KIN Diagnostics. Links which take you out of our social media channels, websites, and digital assets are not under the control of KIN Diagnostics, and KIN Diagnostics is not responsible for the terms and conditions, privacy policy, or content of any such site or any further links from such site. When utilizing third party links, you should read the relevant terms of use regarding use of such third party websites, software or products, including any applicable end user license agreements. KIN Diagnostics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by KIN Diagnostics. Also, please keep in mind that if KIN Diagnostics follows another user’s account, “likes” another page, re-tweets, “favorites,” shares, or otherwise re-posts another user’s content, such an action does not constitute an endorsement.

    You should understand that content you submit to our social media channels is public and will not place KIN Diagnostics under any obligation to you. This means KIN Diagnostics is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you. You should also not use KIN Diagnostics’s social media channels to submit unsolicited ideas or content which you would not otherwise want to be made freely available. Generally we don’t accept these, and if you submit any – for example by posting them – you need to understand that you don’t have ownership rights in such ideas, that we won’t compensate or reward you, and that we don’t waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources. You agree that by posting content on our social media channels, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed. Further, by submitting content you represent and warrant to KIN Diagnostics that (a) you are at least 18 years of age and competent to contract (b) you are the sole owner of the content (c) that KIN Diagnostics’s use of the content will not violate the rights of any third party, including, but not limited to copyright rights (d) that your submissions do not contain any confidential information (e) that your submissions does not contain any unsolicited advertisements, promotions etc; and (f) that you will defend and hold KIN Diagnostics harmless from any and all claims arising therefrom. By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless KIN Diagnostics and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against KIN Diagnostics on account of the granting of the license or arising out of KIN Diagnostics’s use of the content.

    KIN Diagnostics may collect, store, use and disclose all the information (without limitation to personal and sensitive personal information) shared by you on KIN Diagnostics’s social media channels for the purpose of response, research, and analysis and archival. This information may also be shared with third parties within or outside the country for similar purposes. By using KIN Diagnostics’s social media channels you consent to KIN Diagnostics collecting, storing, processing, using, transferring and disclosing including to third parties (within or outside the country) of personal information relating to you for the aforesaid purposes and release KIN Diagnostics of any claims in this regard.

    This page is intended for a global audience. All Terms and Conditions of Facebook, LinkedIn, Instagram, Twitter, YouTube, and Google+ apply, respectively.

    DISCLAIMER OF WARRANTIES

    YOUR USE OF THE SOCIAL MEDIA CHANNELS IS AT YOUR OWN RISK. THE SOCIAL MEDIA CHANNELS AND ALL THE MATERIALS, INFORMATION, FACILITIES, SERVICES AND OTHER CONTENT IN THE SOCIAL MEDIA CHANNELS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SOCIAL MEDIA CHANNELS, KIN DIAGNOSTICS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF KIN DIAGNOSTICS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KIN DIAGNOSTICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOCIAL MEDIA CHANNELS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE. KIN DIAGNOSTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE SOCIAL MEDIA CHANNELS ANY WEB SITES LINKED TO THE SOCIAL MEDIA CHANNELS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KIN DIAGNOSTICS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, FACILITIES, SERVICE OR OTHER CONTENT IN THE SOCIAL MEDIA CHANNELS OR ANY OTHER WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND KIN DIAGNOSTICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, FACILITIES, SERVICE OR OTHER CONTENT ON THE SOCIAL MEDIA CHANNELS OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    LIMITATION OF LIABILITY

    KIN DIAGNOSTICS DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SOCIAL MEDIA CHANNELS OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, FACILITIES, FORUMS, SERVICES AND/OR OTHER CONTENT ON THE SOCIAL MEDIA CHANNELS OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF KIN DIAGNOSTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF KIN DIAGNOSTICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW

    LOCAL REGULATIONS

    KIN Diagnostics makes no representation that the content in the social media channels are appropriate or available for use outside India, its territories, possessions and protectorates. If you choose to access the social media channels from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from India or the country you reside in.

    INDEMNITY

    You hereby indemnify and hold harmless KIN Diagnostics and its officers, directors, employees, agents, distributors and affiliates from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the social media channels.

    JURISDICTION

    These Terms of Use shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the courts of India for any action however so arising out of these Terms of Use notwithstanding the fact that the social media channels or the content thereon may be accessible in multiple jurisdictions.

    MISCELANEOUS

    If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.