Terms and Conditions of Use
1. Definitions
For the purposes of these Terms and Conditions (“Agreement”), the following terms shall have the meanings set forth below:
1.1 Platform means the iLAB digital platform operated by the World Health Innovation Forum (WHIF).
1.2 WHIF means the World Health Innovation Forum, the operator and facilitator of the Platform.
1.3 Users means any individual or entity accessing or using the Platform, including but not limited to Companies, Startups, Innovators, Laboratories, Incubators, Accelerators, and ecosystem partners.
1.4 Service Providers means Users who list and offer services through the Platform.
1.5 Services means any offerings including but not limited to testing, validation, incubation, advisory, infrastructure access, certification, regulatory support, or related services provided by Service Providers.
2. Acceptance of Terms
2.1 By accessing or using the Platform, the User agrees to be bound by this Agreement.
2.2 If the User does not agree to these Terms, the User must refrain from using the Platform.
3. Nature and Role of the Platform
3.1 The Platform is a neutral facilitation and discovery interface designed to connect Users with relevant Service Providers.
3.2 WHIF does not directly provide Services listed on the Platform unless expressly stated.
3.3 WHIF is not a party to any agreement, contract, or arrangement entered into between Users.
3.4 WHIF shall not be deemed to create any agency, partnership, joint venture, or employment relationship between Users.
4. Services and Service Providers
4.1 Service Providers shall be solely responsible for:
- The accuracy and completeness of their service listings
- Delivery, performance, and outcomes of Services
- All representations relating to pricing, scope, and timelines
4.2 All engagements shall be independently negotiated and executed between the relevant Users.
4.3 WHIF shall have no responsibility or liability for Services rendered by Service Providers.
5. Service Quality Disclaimer
5.1 WHIF endeavors to maintain a credible and reliable ecosystem of Service Providers.
5.2 Notwithstanding the foregoing, WHIF:
- Does not guarantee the quality, suitability, or performance of any Services
- Does not warrant the accuracy of Service listings
- Shall not be liable for any failure, delay, or deficiency in Services
6. User Obligations and Due Diligence
6.1 Users shall:
- Conduct independent technical, financial, and legal due diligence
- Enter into formal agreements where required
- Ensure compliance with applicable laws, regulations, and standards
6.2 Users shall be solely responsible for:
- Protection of intellectual property
- Safeguarding confidential and proprietary information
7. Pricing and Commercial Terms
7.1 Any pricing displayed on the Platform shall be indicative and non-binding.
7.2 Final pricing shall be determined by mutual agreement between the relevant Users based on project-specific requirements.
8. Platform Facilitation Fee
8.1 WHIF shall be entitled to retain a facilitation fee equal to five percent (5%) of the total value of Services facilitated through the Platform, unless otherwise agreed in writing.
8.2 The applicability and mechanism of such fee shall be communicated as part of the transaction process.
9. Intellectual Property Rights
9.1 All intellectual property, including but not limited to inventions, research outputs, data, and innovations arising from collaborations, shall remain the property of the respective Users involved.
9.2 Ownership, licensing, and usage rights shall be governed by separate agreements executed between the relevant parties.
9.3 WHIF shall have no claim, right, or interest in such intellectual property unless expressly agreed in writing.
10. Payments and Revenue Terms
10.1 All payments for Services shall be agreed directly between the Service Provider and the engaging User.
10.2 WHIF shall not be responsible for:
- Where payments are processed through a payment system integrated with the Platform, such payments shall be processed in accordance with the applicable laws and regulations of India, including the guidelines issued by the Reserve Bank of India (RBI), as amended from time to time.
- Refunds, cancellations, and chargebacks shall be governed by:
(a) the refund and cancellation policy agreed between the Service Provider and the User; and
(b) the applicable laws and regulations of India, including any relevant directions or guidelines issued by the Reserve Bank of India (RBI) and the payment service provider facilitating the transaction.
11. Service Provider Onboarding
11.1 Service Providers must:
- Provide valid credentials and organizational documentation
- Demonstrate relevant expertise and capabilities
- Ensure accurate representation of Services
11.2 Service Providers shall maintain professional conduct and comply with applicable laws and industry standards.
11.3 WHIF reserves the right, at its sole discretion, to:
- Approve or reject onboarding applications
- Modify or remove service listings
- Suspend or terminate access to the Platform
12. User Conduct
12.1 Users shall:
- Use the Platform solely for lawful and legitimate purposes
- Engage in professional and ethical conduct
- Respect intellectual property and confidentiality obligations
12.2 Users shall not:
- Misrepresent information
- Engage in fraudulent or unlawful activities
- Interfere with the integrity or operation of the Platform
13. Disclaimer of Liability
13.1 The Platform is provided on an “as is” and “as available” basis.
13.2 WHIF disclaims all warranties, whether express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
13.3 To the maximum extent permitted by law, WHIF shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Any disputes or damages arising from User engagements
14. Indemnity
14.1 Users agree to indemnify, defend, and hold harmless WHIF from and against any claims, damages, liabilities, losses, or expenses arising out of:
- Use of the Platform
- Breach of this Agreement
- Violation of applicable laws or third-party rights
15. Dispute Resolution
15.1 Any disputes arising between Users shall be resolved directly between the concerned parties.
15.2 WHIF shall not be responsible for mediating or resolving such disputes unless expressly agreed.
16. Termination
16.1 WHIF reserves the right to suspend or terminate User access to the Platform at its sole discretion, with or without notice, in case of:
- Breach of this Agreement
- Misuse of the Platform
- Legal or regulatory requirements
17. Governing Law and Jurisdiction
17.1 This Agreement shall be governed by and construed in accordance with the laws of India.
17.2 The courts of Visakhapatnam, Andhra Pradesh shall have exclusive jurisdiction over any disputes arising under this Agreement.
18. Amendments
18.1 WHIF reserves the right to modify or update these Terms at any time.
18.2 Continued use of the Platform following such changes shall constitute acceptance of the revised Terms.
19. Entire Agreement
19.1 This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior agreements or understandings.