1. THIS IS A BINDING AGREEMENT
1.1 Below are the terms that apply to all Subscribers of MyHealthIndia™. MyHealthIndia™ provides you with secure, safe online storage for your important personal health records. You should familiarize yourself with these terms because they establish rights and responsibilities as a Subscriber. We understand that the privacy and security of your records are important, and we use some of the most advanced security technology available that is appropriate to protect that privacy. However, please keep in mind that your records are only secure if you protect your password and change your password frequently. As you navigate our Portal and use the services we offer, do not hesitate to contact us if you have any questions.
This Terms and Conditions of Use Agreement (Agreement) between you and MyHealthIndia™ sets forth the general terms and conditions governing your use of the MyHealthIndia™. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE MyHealthIndia™.
1.2 As used in this Agreement, the terms “"we," "us," or "our" refer to MyHealthIndia™. As used in this Agreement, the term “Subscriber” is as defined herein.
1.3 The MyHealthIndia™ (the “Portal”) is an on-line information and communications service that contains health and health-related information about an individual or multiple related individuals that is submitted by the individual and/or his or her designee.
(a) “Account” shall mean the file of health and health-related information of a Subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the Subscriber and/or his or her designee(s).
(b) “Disclosing Party” shall mean the party that is disclosing health or health-related information for inclusion in a Subscriber’s Account.
(c) “Subscriber” shall mean an individual who executes or enters into this Agreement with MyHealthIndia™ to maintain and store health and health-related information in a Subscriber Account that may be accessed at the Portal, or who accepts the terms and conditions set forth in this Agreement so as to be able to access and/or use the Portal. A Subscriber may access, use, store, and maintain his or her own information in the Subscriber’s Account as well as the health and health-related information of family members.
(d) “User” shall mean an individual whose health or health-related information is stored in a Subscriber’s Account and who accesses or uses the Site with the permission and at the discretion of the Subscriber.
1.5 Portal is for personal and non-commercial access and use only. As a condition of continued use of the App, Subscribers and Users agree to use the Site solely in accordance with the terms and conditions set forth in this Agreement, as amended from time to time without notice.
2. RIGHT TO USE, SITE CONTENT, GENERAL INFORMATION
2.1 MyHealthIndia™ hereby grants to the Subscriber and Users the right to access, view, and use the Portal, subject to the terms and conditions of this Agreement. MyHealthIndia™ reserves the right to add new features to the Portal and remove current features from the Portal without notice. The Subscriber and/or a User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal use only and, when appropriate.
2.2 The content on the Portal and in Subscribers’ Accounts, including but not limited to, text, graphics,images, information obtained from third parties, links, and other material (“Content”) is intended for informational and educational purposes only.
2.3 The Content on the Portal should not be considered medical or health advice. Nothing on the Portal is intended to suggest a course of treatment for a particular Subscriber or User. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
2.4 Subscribers and Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of something on the Portal.
2.6 Information that is obtained from the Portal is not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment. The advice of the Subscriber’s or User’s physician and/or any other qualified healthcare provider should be obtained directly from that physician or provider as appropriate. ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER.
2.7 Registration: In order to register, you will provide some basic information to us about yourself, such as your first name, last name, date of birth, email address etc. During registration you will provide an e-mail address and or your mobile number. Your username will be your email id, which cannot be changed. The password is user generated and can be changed by user. These are your credentials for accessing Services that are only available to subscribers.
3. ACCESS TO AND USE OF THE SITE BY SUBSCRIBERS AND USERS
3.1 Access to and use of the Portal is available on a pre-paid basis depending on the subscription package. (a) The Subscription Fee to access and use the Portal and to establish an Account is defined in the Enrolment section of the Portal. Subscribers may register on the Portal for a period as per subscription package in accordance with Paragraph 3.1(b) (Subscription Period) hereinafter.
(b) In the case of an Annual Subscription, the Subscriber shall be entitled to access and use the Portal for the duration of Subscription Package starting from the date of registration provided the Subscriber and any Users of the Subscriber’s Account remain in compliance with the terms and conditions of this Agreement.
(c) This Agreement will not be automatically renewed after the expiry of the duration of Subscription package. But there will be a grace period of one month provided for renewal. This grace period would not be considered extra at the time of renewal and renewal would be counted from beginning of the grace period. The term can be renewed again as per the use of the subscriber. The subscriber’s account would be kept in our records for a month of grace period. After that it would be automatically deleted. Subscriber can renew the account before the deletion, but has to pay joining fee after the lapse of grace period.
(d) By registering as a Subscriber and/or registering Users within the Subscriber’s Account on Portal, each Subscriber authorizes MyHealthIndia™ to charge the Subscriber’s credit card, Debit card or the mode of payment selected for the amount of the Subscription Fee. The Subscription Fee will be charged on the first day of the Initial Term.
3.2 Each Subscriber and User may enter or upload, maintain, and store information, including copies of documents, records, images, and information submitted to the Subscriber by healthcare providers or other healthcare organizations, to a personal, secure, and unique Account established for the Subscriber. MyHealthIndia™, or a third party acting on behalf of MyHealthIndia™, will electronically store and maintain Subscribers’ Accounts on servers at MyHealthIndia™.
3.4 Whenever a Subscriber’s information is submitted to or entered in the Subscriber’s Account, that information will be communicated using encryption technology called Secure Socket Layer ("SSL") encryption software. However, MyHealthIndia™ cannot and will not guarantee that: (a) the information, during its transmission to a Subscriber’s Account, will be protected against loss, misuse or alteration by third parties; or (b) access to Subscribers’ Accounts will be uninterrupted; or (c) SSL encryption cannot be breached.
3.5 It is the responsibility of each Subscriber to ensure that no unauthorized person shall have access to the Subscriber’s User ID and Passwords. It is each Subscriber’s sole responsibility to control the dissemination and use of the Subscriber’s User ID and Passwords, authorize, monitor and control access to and use of the Subscriber’s Account, and promptly inform MyHealthIndia™ of any need to deactivate or change the Subscriber’s User ID and/or Passwords. MyHealthIndia™ cannot and will not assume any responsibility or liability for any information submitted to a Subscriber’s Account or any information that is used or misused whether submitted, used, or misused by (a) the Subscriber; (b) Users on the Subscriber’s Account; (c) the Subscriber’s designee; (d) healthcare providers; (e) other healthcare organizations; (f) other third parties; whether or not acting on the Subscriber’s behalf.
3.6 The Subscriber hereby grants MyHealthIndia™, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of MyHealthIndia™ or of the Portal the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the Subscriber’s Account to provide the Services and operate the Site, including but not limited to converting documents received on the Subscriber’s behalf to an electronic format and maintaining the Subscriber’s Account.
3.7 The Subscriber understands and agrees, consents, and authorizes: (a) his or her individually identifiable health information and that of any of the Users on the Subscriber’s Account to be stored, entered, and maintained on the Portal in accordance with the terms of this Agreement; and (b) the Subscriber, and anyone with the Subscriber’s MyHealthIndia™ User ID and Password, can access, view, add, revise, and/or delete information from the Subscriber’s Account; and (c) the Subscriber, and anyone with the Subscriber’s User ID and Password, can access and view information stored in the Subscriber’s Folder and in the Subscriber’s Folder(s).
3.8 Subscribers to Portal may upload their personal health information and medical records, X-rays and other personal medical images, and other health-related information. To the extent permitted by law, any images submitted to MyHealthIndia™ shall become the property of MyHealthIndia™ and will not be returned. MyHealthIndia™ assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the MyHealthIndia™ or for medical decisions which are based on X-rays, ECGs, or other personal medical images archived on the MyHealthIndia™
3.9 The party who submits or enters health or health-related information into Subscribers’ Accounts is solely responsible for its accuracy and completeness. Each Subscriber is responsible for reviewing information in the Subscriber’s Account as well as any documents produced from MyHealthIndia™ or the Portal or a third party designated by MyHealthIndia™, of any errors.
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) -compliant robots ("robots") provided that when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit. You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.
4. SUBSCRIBERS’ AND USERS’ RESPONSIBILITIES
4.1 Subscribers and Users agree:
a) To maintain all equipment required for access to and use of the Portal, other than equipment owned or operated by MyHealthIndia™ or its affiliates and vendors;
b) To maintain the security of User IDs, Passwords, and other confidential information relating to the Subscriber’s MyHealthIndia™ Account
(c) Not to introduce onto the App or to users of the App, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;
(d) As to Subscribers and associated Users, to be responsible for all charges resulting from the access and use of the Subscriber’s Account, including unauthorized access and use;
(e) To notify MyHealthIndia™ as soon as reasonably practicable of any real or suspected unauthorized use of the Subscriber’s Account;
(f) To comply with instructions provided by MyHealthIndia™ for using, maintaining, or correcting the Subscriber’s Account; and
4.2 Each Subscriber and User is responsible for the communications submitted to or entered into the Subscriber’s Account and their access and use of the My HealthIndia Portal. A Subscriber, User, and/or a Subscriber’s designee may not, under any circumstances, do any of the following:
(a) Transmit any information that is libellous or defamatory;
(b) Transmit any message, data, image or program that is indecent, obscene or pornographic;
(c) Transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;
(d) Use the Portal to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;
(e) Intercept or attempt to intercept the transmission of files or other private communications not intended for the Subscriber;
(g) Use the Portal to advertise or offer, on an unsolicited basis, to sell goods or services to other Subscribers or Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;
(h) Upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;
(i) Upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;
(j) Use the Portal in such a manner as to adversely affect the availability of its resources to others;
(k) Falsely or fraudulently purport to be an employee or agent of MyHealthIndia™.
(l) Cause disruptive incidents;
(m) Fail to comply with applicable laws and regulations while using or accessing the Portal; or
(n) Post or transmit any message or information that is harmful, threatening, abusive or hateful. MyHealthIndia™ reserves the right to take such action as it deems appropriate in cases where the Portal is used to disseminate statements that are deeply and widely offensive and/or harmful.
4.3 Each time a Subscriber or User uploads or posts information, data, a document, or a file to the Portal, the Subscriber or User, as applicable, represents and warrants that he or she owns or otherwise controls the rights to the information, data, document, or file, or that he or she has the necessary consents to upload or post it.
4.4 You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the Portal in accordance with this Agreement.
4.5 As to Subscribers, you agree to be financially responsible for the use of the Portal and for use of your Account by others, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you.
4.6 You further understand and agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.
5. TERM; TERMINATION
5.1 The Effective Date of this Agreement shall be the date on which the Subscriber registers with the Portal.
5.2 Subject to payment of applicable fees, a Subscriber and the Users included in the Subscriber’s Account, if any, shall be entitled to access and use the Portal for a Term as per the subscription package, commencing on the Effective Date, as adjusted for any free trial period, (“Annual Subscription”),
5.3 Either party may terminate the Subscriber’s right to use the Site and/or his or her Account and participation under this Agreement at any time, with or without cause, by giving written notice to the other party no later than thirty (30) days prior to the end of the Initial or any Renewal Term.
5.4 Notwithstanding anything to the contrary in this Agreement, Portal shall have the right to immediately terminate this Agreement or suspend a Subscriber’s Account in the event that MyHealthIndia™ determines, in its sole discretion, that a Subscriber or a User of the Subscriber’s Account has violated a material provision of this Agreement, including failing to make timely payment for the right to access and use the Site.
5.5 The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of Sections 8 (Copyright), 10 (Indemnification), 11 (Waiver, Release and Limitation of Liability), and 12 (Miscellaneous) shall survive Termination of this Agreement.
5.6 Upon termination, MyHealthIndia™ will retain data in a Subscriber’s Account as per its data retention policy, but in no case less than thirty (30) days, after which Subscriber Account data will be destroyed.
7. MyHealthIndia™ and Portal OPERATIONS
7.2 MyHealthIndia™ shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.
7.3 MyHealthIndia™ shall not use, disclose, or process the information submitted for inclusion in a Subscriber’s Account except to the extent necessary for the proper management and administration of the information or in order to carry out the legal responsibilities of MyHealthIndia™.
7.4 Subscribers and Users are encouraged to use discretion while browsing the Internet on searches initiated from the Portal. Subscribers and Users understand that the Portal may link unintentionally to sites containing information that some people may find inappropriate or offensive. Links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws.
7.5 MyHealthIndia™ makes no representations concerning any effort to review any or all of the content of sites for which links are provided on the Portal. MyHealthIndia™ does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
7.6 The inclusion of any link on the Portal does not imply an endorsement by Portal of any information, products, or services offered by the linked website, but is for MyHealthIndia™ Subscribers’ and Users’ reference and convenience only.
7.7 Clicking on a link on the Portal which directs the Subscriber or User to an off-App page or to another site/App is at the Subscriber’s or User’s own risk and subject to the terms and conditions of use of such sites.
7.8 MyHealthIndia™ cannot and will not review communications and materials posted or uploaded to the Portal for accuracy or completeness, and are not responsible for the content of such communications and materials.
7.9 MyHealthIndia™ reserves the right to remove or block communications or materials that MyHealthIndia™ determines, in its sole discretion, to (a) be abusive, libellous, defamatory or obscene, (b) be fraudulent, deceptive or misleading, (c) violate a copyright or trademark or other intellectual property right of another, (d) contain or have attached a program, virus, worm, or other device or code that could pose a security risk to MyHealthIndia™ or the Portal, or (e) be offensive or otherwise unacceptable to Portal.
8.1 All content on the Portal, including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of MyHealthIndia™, its licensors, or its content suppliers, and is protected by Indian copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on the Site is the exclusive property of MyHealthIndia™ and protected by Indian copyright laws.
8.2 All information shall be deemed the exclusive property of the Disclosing Party prior to uploading or entering any information into an individual Subscriber’s Account.
8.3 Except as provided in Section 3.8 herein or otherwise expressly agreed to in writing, disclosure of any information to the Portal shall not transfer legal title to MyHealthIndia™
8.4 MyHealthIndia™ shall be entitled to have non-exclusive possession of the information submitted to or entered into a Subscriber’s Account subject to the terms of this Agreement. The right to possess such information shall be automatically terminated upon the termination of this Agreement, unless (a) otherwise agreed to in writing; or (b) return or destruction of the information is not feasible, in which event the right of possession shall be limited to possession for the purpose(s) which make return or destruction of the information not feasible.
8.5 Information on the Portal may be displayed, reformatted, and/or printed for the Subscriber’s or User’s personal, non-commercial use only. Information on the Portal may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the Portal must include the copyright notice.
8.6 The Portal and any additional sites that are owned or controlled by MyHealthIndia™ are trademarks of MyHealthIndia™ and are protected by laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.
9. DISCLAIMER; NO WARRANTIES
9.1 THE MyHealthIndia™ IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF THE CONTENT.
9.2 MyHealthIndia™ CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. FURTHER, MyHealthIndia™ CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE Portal WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Portal WILL BE CORRECTED.
9.3 MyHealthIndia™ CANNOT AND WILL NOT GUARANTEE THAT ANY ONE OR ALL OF YOUR HEALTHCARE PROVIDERS WILL TRANSMIT ALL OR ANY PORTION OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION. YOU SHOULD NOT RELY EXCLUSIVELY ON MyHealthIndia™ CONTENT TO DESCRIBE ACCURATELY AND COMPLETELY YOUR PAST, PRESENT, OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION OR THE PROVISION OF HEALTH CARE TO YOU.
9.4 MyHealthIndia™ WILL NOT INDEPENDENTLY AND SEPARATELY VERIFY THE TRUTH AND ACCURACY OF INFORMATION SUPPLIED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU. INFORMATION THAT IS SUBMITTED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU OR YOUR DESIGNEE WILL BE CONSIDERED BY MyHealthIndia™ AS ACCURATE AND COMPLETE. YOU AND YOUR HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED BY MyHealthIndia™ ON YOUR BEHALF.
9.5 SUBSCRIBERS AND USERS OF THE Portal ARE SOLELY RESPONSIBLE FOR (A) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND (B) MAINTAINING A MEANS EXTERNAL TO MyHealthIndia™ FOR THE RECONSTRUCTION OF ANY LOST DATA.
9.6 YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE Portal WILL BE COMMUNICATED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF MyHealthIndia™. MyHealthIndia™ CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED IN THE Portal.
9.7 MyHealthIndia™ CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
9.8 MyHealthIndia™ CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR ANY OF THE CONTENT ON THE SITE. RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE IS AT THE USER’S OWN RISK. MyHealthIndia™ RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE FROM TIME TO TIME WITHOUT NOTICE.
9.9 INFORMATION ENTERED BY A SUBSCRIBER OR USER OR PROVIDED BY HIS OR HER HEALTHCARE PROVIDERS AND ORGANIZATIONS WILL BE USED BY MyHealthIndia™ ONLY FOR THE FOLLOWING PURPOSES:
(A) PROVIDING SUBSCRIBERS AND USERS THE ABILITY TO ACCESS AND USE THE Portal VIA A VALID SUBSCRIBER ID AND PASSWORDS.
(B) PROVIDING EMERGENCY ACCESS AND USE OF A SUBSCRIBER’S ACCOUNT TO HEALTH CARE PROVIDERS WHO ACCESS THE Portal USING A VALID LOGIN PASSWORD.
(C) AS NECESSARY FOR THE PROPER MANAGEMENT AND ADMINISTRATION OR IN ORDER TO CARRY OUT THE LEGAL RESPONSIBILITIES OF MyHealthIndia™
9.10 MyHealthIndia™ CANNOT AND WILL NOT BE LIABLE FOR THE AUTHORIZED OR UNAUTHORIZED USE, MISUSE, AND/OR DISCLOSURE OF INFORMATION THAT IS STORED AND/OR MAINTAINED IN A SUBSCRIBER’S ACCOUNT INCLUDING THE INFORMATION CONTAINED WITHIN THE EMERGENCY FOLDER AND/OR ANY OF THE SECONDARY FOLDERS.
You agree to indemnify, defend, protect, release, and hold MyHealthIndia™, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by MyHealthIndia™, its affiliates or their respective officers, agents, and employees in defence of same (“Claims”) MyHealthIndia™ in favour of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to Your Account or Your use of the Portal. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of MyHealthIndia™ its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.
11. WAIVER, RELEASE AND LIMITATION OF LIABILITY
11.1 You agree that neither MyHealthIndia™ nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, MyHealthIndia™ out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the Portal. You hereby release and forever waive any and all claims you may have against MyHealthIndia™, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the Portal.
11.2 Notwithstanding the foregoing paragraph, the total collective liability of MyHealthIndia™ its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the fees paid during one (1) calendar year by the Subscriber for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising MyHealthIndia™ from any use of or inability to use any Content or other parts of the Portal, are hereby excluded even if MyHealthIndia™, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.
12.1 Applicable Law. This Agreement is governed by and is to be construed according to the jurisdiction of the Jaipur, Rajasthan, without regard to that State’s conflicts of law principals.
12.2 Third Party Rights. The provisions of paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of MyHealthIndia™ and its officers, directors, employees, and agents, and its affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12.3 Assignment. MyHealthIndia™ may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, MyHealthIndia™ shall be relieved of any further obligation hereunder.
12.5 Notices. Any notice which may be or is required to be given under this Agreement shall be in writing and shall be sent by Post and/or fax and/or courier and/or as an electronic record attached to an e-mail or sent to the Subscriber’s Site message box. All notices shall be effective upon receipt by the party at each party’s address as follows:
401, 4th Floor,
OKAY Plus Tower,
Ajmer Road ,
ATTN: Chief Executive Officer
12.6 Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.
12.7 Amendments. MyHealthIndia™ reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. A Subscriber’s or User’s continued access to or use of the MyHealthIndia™ shall be deemed the Subscriber’s conclusive acceptance of any and all Amendments and the most current amended Agreement.
12.8 Force Majeure. Neither Party will be liable for any performance failure or delay for any cause beyond that Party’s reasonable control.
12.9. Entire Agreement. This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the services, responsibilities, and obligations specified and agreed upon in this agreement and supersede all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.