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LifeCell – Lifesaver For Life
Lifetime Protection At Birth Through Umbilical Cord Banking
"Umbilical Cord Banking Is For The Protection Of Your Baby
For A Lifetime. I Chose LifeCell"
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Terms & Conditions
Delivery, Refund / Cancellation Policies
You can be assured that we will use the personal information that you provide only for the purposes indicated to you when you provided it.
The information collected on this website allows us to provide the services and/or information you are requesting. For instance, we collect personal information in order to respond to requests for more information (eg. subscribe to our newsletter, signup for updates etc...)
HOW WE USE YOUR INFORMATION
We will not disclose, sell, rent, loan or exchange your personal information to any other individual, organization or entity except to the extent necessary to provide the information or services you have requested, unless you are first notified and expressly agree to it, or as otherwise required by law or regulation.
If you become a LifeCell client, we will share some or all of the information you provide with our business partners in order to facilitate the services you have selected. For example, LifeCell will notify your doctor and your hospital that you will be preserving your newborn's cord blood with LifeCell. We will share some of your contact information with our courier services to facilitate the pick-up and transport of your cord blood unit.
As a general rule, we will not disclose your personal information to an unrelated third party for any purpose not related to the services we offer, without first getting your express consent.
UMBILICAL CORD STEM CELL TESTING, PROCESSING, STORAGE, RETRIEVAL AND INFORMED CONSENT AGREEMENT
In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings
Child. means the Clients baby from whom the Specimen will be collected following his/her birth.
Client. means the parents or legal guardian of the Child.
Caregiver. means the Obstetrician Gynecologist or qualified medical professional/midwife who will be assisting in delivering the Child.
Maternal Blood. means peripheral blood from Birth Mother of the Child, that has been drawn by observing standard phlebotomy procedures, taken seven days before or after the birth of the Child.
Umbilical Cord. means and includes the blood inside umbilical cord and/or placenta, and the tissue remaining after the collection of the blood.
Specimen. means and includes stem cells obtained from Umbilical Cord.
Collection Kit. means the kit consisting of all essential materials required for the purpose of collection and labeling of the Maternal Blood and Umbilical Cord.
SERVICES: OPTION AND FEES
LifeCell offers its umbilical cord banking services under different plans, fees and payment methods as detailed in Exhibit
, which the Client must choose at the time of Enrollment by completing the Exhibit
All applicable taxes including but not limited to service tax is payable by the Client.
Prior to the birth of the Child, the Client must complete all the applicable Exhibits [
] and make due payment of fees. If surrogate, egg donor or sperm was used, each must fill out Exhibit
Client is responsible for providing the Collection Kit to the Caregiver and arranging for collection, preparation and labeling of the Maternal Blood and Umbilical Cord for delivery to LifeCell along with the duly filled up form included in the Collection Kit, unless the same has been assigned to LifeCell.
Client must promptly notify LifeCell in writing of any change in Client's name or current mailing address or in the legal guardianship of the Child.
For disaster management, back-up and added retention security, LifeCell at the request of the Client and payment of additional fees will store the Specimen simultaneously in both of its licensed facilities situated at #
, Vandalur Kelambakkam Main Road, Keelakottaiyur, Chennai
, Tamil Nadu, and Plot #
, IMT Manesar, Gurgaon
LifeCell has the option to relocate the Specimen and will provide notice to Client within
days of relocation.
TERM OF AGREEMENT
This Agreement will continue for one year from the date of birth of the Child (.Renewal Date.) and will automatically renew for successive one year period until the Child attains the age of twenty one years. This automatic renewal is subject to the Client paying the annual storage fee on or before the renewal date every year.
days before the expiration of the twenty one year period, LifeCell shall intimate the Client (and/or Child in case the Child has come of age) regarding the expiry of the Agreement, along with terms for continued storage. Accordingly the Client or Child can enter into a new Agreement and continue the storage.
REPRESENTATIONS AND WARRANTIES OF CLIENT
Client represents and warrants that
She / he is the parent or legal guardian to the Child.
Client has had the opportunity to read, understand, review and consult with the Client's own legal counsel and medical professional, this Agreement, its Exhibits, possible risks of collection, processing, storage and possible future use of the Specimen.
The decision to collect the Umbilical Cord and Maternal Blood, test the Maternal Blood and process, store and retrieve the Specimen is a completely voluntary act of Client.
RIGHTS TO SPECIMEN
The Client shall have control over the Specimen until the Child attains majority, further to which all rights shall be automatically transferred to the Child.
If there is a disagreement between parents the Mother.s wish shall prevail.
The Client undertakes to inform the Child promptly of his/her right with regards to the Specimen on the Child attaining majority, including the right to renew this Agreement.
LIFECELL CLIENT BENEFIT PROGRAMS
LifeCell understands the Clients need to enhance the value of their investment and also provide a comprehensive coverage for their Child. Therefore LifeCell through its Client Benefit Programs provides additional guarantees, insurances, and benefits which are detailed below:
Medical Insurance: If the Client, Child or Child.s sibling is diagnosed after the enrolment date for a hematological condition treatable by stem cell transplantation using the stored Specimen the Client under the LifeCell Cares Program can avail up to Rs.
(Rupees One Million only) to offset transplant related expenses including but not limited to procurement of an additional unit from any public cord blood registry worldwide.
Storage Insurance: In case of demise of the earning member of the family, LifeCell would continue storage of the Specimen at LifeCell.s own cost for the remaining term of the Agreement.
Entitlement to Full Refund: LifeCell understands that the life and health of the Mother and Child are the utmost priority. In the event the Umbilical Cord is not collected due to this priority, LifeCell shall refund all fees paid by Client to LifeCell upon sharing of relevant declaration from the attending gynecologist.
Disaster Relief: If the Client, Child, or Child.s sibling is diagnosed after the enrolment date for a condition treatable by stem cell transplantation using the stored Specimen and should for any unforeseen reason that is beyond the reasonable control of LifeCell which may potentially deteriorate or cause loss of the Umbilical Cord or Specimen during transit or processing or storage, LifeCell will use its best endeavors to find a unit of suitable match (as confirmed by the transplant physician) within
days failing which pay the Client Rs.
(Rupees One Million Only).
Quality Guarantee: If the Client, Child or Child.s sibling is diagnosed after the enrolment date for a condition treatable by stem cell transplantation using the stored Specimen and should for any reason the Specimen upon retrieval not meet LifeCell's then prevailing viability criteria benchmarked against existing international best practices, LifeCell will use its best endeavors to find a unit of suitable match (as confirmed by the transplant physician) within
days failing which pay the Client Rs.
(Rupees One Million Only).
Worldwide Shipment Guarantee: There is no fee payable by the Client to LifeCell for retrieval of Specimen, including any additional testing related to release of Specimen for transplant. The Specimen will be available for delivery within
days if cellular expansion is required. In the event of a transplant upon Clients request LifeCell shall arrange and pay for X-Ray free transport of the Specimen under cryogenic conditions to any destination worldwide.
Stem Cell Expansion Guarantee: In the event of a transplant of umbilical cord tissue stem cells LifeCell shall at its own cost expand and provide upto
million mesenchymal stem cells. In the event of future expansion of umbilical cord blood stem cells becomes feasible LifeCell shall at its own cost expand the same at the time of retrieval for transplant.
Medical Concierge: For all medical and travel information relating to stem cell transplant using the stored Specimen for the Child or his/her immediate family members, LifeCell will ensure to provide, at no extra cost to the Client, the relevant information regarding leading transplant physicians, approved and credible medical transplant institutions including medical travel information relating to the Child along with his/her immediate family members.
General conditions for LifeCell Client Benefit Programs:
a) The Client Agreement is valid and is in force.
b) Payments would be made within
days on appropriate verification of Clients request by LifeCell.
c) In case of retrieval of Specimen for transplant the Client has to submit duly filled up Retrieval Form (to be accompanied by Transplant Physicians Certificate confirming end use in statutorily compliant transplant procedures).
LifeCell hereby assures that:
LifeCell has all statutory permissions and licenses that are required for providing the services contemplated under this Agreement.
LifeCell will provide the Client with the following immediately upon enrollment a Collection Kit compliant with International Air Transport Association (IATA) regulations, and a unique Client Relationship Management (CRM) number that enables the Client to quote for all communications with LifeCell.
At the request of the Client, LifeCell would arrange and pay for qualified Phlebotomist for the collection of Maternal Blood and Umbilical Cord, and/or a certified Service Provider for X-Ray free transport of the Maternal Blood and Umbilical Cord to LifeCell's Laboratory, provided however that the Client provides reasonable notice (not less than two hours prior to childbirth) to LifeCell for allowing the LifeCell arranged Phlebotomist to reach the venue of childbirth.
LifeCell upon receipt of the Maternal Blood and Umbilical Cord would determine whether it is fit or unfit for testing, processing and / or storage.
In any event of Umbilical Cord is found to be unfit, including but not limited to insufficient volume, low cell count / viability, positive screening of infectious diseases, microbial contamination of Umbilical Cord, etc., LifeCell will notify the Client immediately and seek instructions for disposal of the Specimen. If LifeCell does not receive written instructions within
days of such intimation then LifeCell shall continue storing the Specimen as is where is, however the benefits available under LifeCell Client Benefit Programs as per clause 8 shall not be applicable.
In the event of Maternal Blood found to be unfit or not provided LifeCell will notify the Client immediately and seek another collection. If the Maternal Blood is not provided within
days of childbirth the Specimen can be used only for autologous purposes.
The Umbilical Cord would be tested, processed and stored in accordance to approved Standard Operating Procedures and in compliance with statutory regulations.
The Specimen would be cryopreserved at its licensed facilities throughout the term of this Agreement.
Upon successful collection, processing and storage, LifeCell will provide the Client with a Preservation Certificate confirming successful storage of the Specimen along with sample storage details and test results within
days of receipt at LifeCell laboratory.
DISCLAIMER & LIMITATIONS
LifeCell does not perform any medical services, give any medical advice, or otherwise perform any service other than those expressly indicated in this Agreement. It disclaims all other representations, guarantees, warranties or assurances, express or implied.
LifeCell disclaims any responsibility to provide any other services and third party service providers like Phlebotomist, Transporter, etc shall have the respective responsibility for their services including loss, damage, delay in delivery, etc.
Client agrees that LifeCell6s liability for any loss, harm, damage or claim of any kind in connection with this agreement or the services provided by LifeCell shall be limited to the return of an amount equal to all fees paid by Client to LifeCell or benefits available under the applicable LifeCell Client Benefit Programs (whichever is higher), except for acts committed by LifeCell that are intentional and/or grossly negligent.
Client agrees that LifeCell's liability for causes or circumstances which are beyond LifeCell's reasonable control shall be limited to that committed under the Disaster Relief program.
TERMINATION OF AGREEMENT
This Agreement may be terminated
a) by Client at any time prior to collection of Specimen, or
b) by Client or Child (on attaining majority) at any time prior to the retrieval of the Specimen, or
c) by LifeCell if it has exercised its right to refuse Specimen processing and / or storage for any reason, including the consequential act of sample rejection as per clause
d) by LifeCell if any payment due to LifeCell is not timely paid and such failure to pay is not cured within
days after receipt of notice from LifeCell of such failure to pay, without prejudice to LifeCell's right to take legal steps to recover the debt, or
e) by mutual agreement of Client and LifeCell, or
f) by either party upon 60 days prior written notice to the other party hereto, or
g) in the event the Specimen is retrieved for a transplant. However, if the Client retrieves only a portion of the Specimen, the Agreement would survive along with all benefits for the term of the Agreement.
h) in the event, the Specimen is lost or destroyed for reasons beyond LifeCell's control.
i) in the event either law or a governmental agency or regulatory provisions or medical guidelines require us to terminate the Agreement.
Effects of Termination:
a) If the Agreement is terminated under Section
(a) only the Processing would be refunded.
b) If the Agreement is terminated under Section
(b) all fees paid by the Client to LifeCell are non-refundable.
c) If the Agreement is terminated under Section
(c) or 12.1 (i) the Storage and / or Processing Fees would be refunded as applicable.
d) If the Agreement is terminated under Section
(d), Client relinquishes all rights in and to the Specimen and waives all claims to the Specimen and LifeCell shall have the right at its sole discretion to dispose of the Specimen. However, LifeCell shall continue storing the Specimen with no liabilities to the Client for a period of two years from the date of termination. During this period the Client shall have the option of reviving the Agreement by paying all unpaid fees and a re-enrollment fee.
e) If the Agreement is terminated by LifeCell under Section
(f), LifeCell shall at its own cost arrange for transfer of Specimen to a comparable stem cell bank facility and pay the new stem cell bank for storing the Specimen for the remaining period of the Agreement. All benefits available under the LifeCell Benefit Program under Clause 8 shall survive for the remaining period of the Agreement.
f) All refunds by LifeCell shall be processed within
days of receiving the complete documentation.
All disputes arising out of or relating to this Agreement will be resolved by arbitration. The arbitration will take place in Chennai, Tamilnadu, India. The Arbitration would be governed by the Arbitration and Conciliation Act,
GOVERNING LAW AND JURISDICTION
This Agreement is governed by, construed and interpreted in accordance with the laws of India. Courts in Chennai shall have exclusive jurisdiction.
CONFIDENTIALITY; CONSENT TO RELEASE
LifeCell acknowledges the confidential nature of the information provided to it and agrees to use its best efforts to maintain the confidentiality of the information except as required by law or as permitted by this Agreement. All confidential information and personal identifiable information shall be kept on secure database with adequate backup measures. Client and, if different, the Birth Mother of the Child hereby agrees to the release of information to the hospital, laboratory or physician providing the services to the Client.
In the event of multiple births, if the Client desires to engage LifeCell to process, and store the cord blood and/or cord tissue for each Child, the Client must check the appropriate box on the Enrollment Form and pay the additional fees.
LifeCell may assign this Agreement to any individual or entity providing a similar service. If LifeCell is acquired by or merged with or into another company, LifeCell shall require that the terms of this Agreement continue in full force and effect. LifeCell shall notify the Client within 90 days in the event of any such assignment.
Notice to LifeCell must be in writing and delivered to LifeCell International Private Limited, #
, Vandalur Kelambakkam Main Road, Keelakotaiyur, Chennai I
Notice to Client will be in writing and delivered to the address set forth in the Enrollment form or as updated by Client to LifeCell.
This Agreement and the exhibits hereto constitute the entire agreement between LifeCell and Client and supersedes any prior agreements or understandings, oral and written. This Agreement may be modified only by written agreement of Client and Authorised Signatory of LifeCell.
All provisions which by their terms require performance after the termination of this Agreement will survive the termination of this Agreement.
If any part of this Agreement is found to be invalid or unenforceable, such provision is deemed modified to the extent necessary to make the Agreement enforceable, and this Agreement shall otherwise remain in full force and effect.
FOR ONLINE ENROLLMENTS ONLY
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
The Agreement may be terminated
by Client at any time prior to collection of Specimen, or
by Client or Child (on attaining majority) at any time prior to the retrieval of the Specimen, or
by LifeCell if it has exercised its right to refuse Specimen processing and / or storage for any reason, including the consequential act of sample rejection or
by LifeCell if any payment due to LifeCell is not timely paid and such failure to pay is not cured within
days after receipt of notice from LifeCell of such failure to pay, without prejudice to LifeCell's right to take legal steps to recover the debt. Or
by mutual agreement of Client and LifeCell, or
by either party upon
days prior written notice to the other party hereto, or
in the event the Specimen is retrieved for a transplant. However, if the Client retrieves only a portion of the Specimen, the Agreement would survive along with all benefits for the term of the agreement.
in the event, the Specimen is lost or destroyed for reasons beyond LifeCell's control.
in the event either law or a governmental agency or regulatory provisions or medical guidelines require us to terminate the Agreement.
If the Agreement is terminated as said in (a) above only the Processing and Storage Fees would be refunded.
If the Agreement is terminated as said in (b) all fees paid by the Client to LifeCell are non-refundable.
For further scenarios, the agreement Clause
may be referred.
Delivery of Collection Kit will be initiated by LifeCell within
weeks from the date of realisation of payment made online by the Client.
All information provided in the LifeCell website is for informatory purposes only, and is not intended as personal medical advice. Always seek the advice of a qualified Physician, when in doubt.
In addition to information that you submit voluntarily, we also collect some information automatically - about your browser type, operating system, IP address, the domain and host from which you access the Internet, the date and time you arrived at our site, how long you spent on the site, and the pages that you visited - to help us measure the performance of our site. Please be assured that this information will be used and analyzed only in the aggregate and will not be used to identify any individual visitor.