1.1 Below are the terms that apply to all users of services provided on behalf of ‘ARTEMIS HEALTH SCIENCES LIMITED’ referred to as the ‘hospital’ by ‘BIONWORKS TECHNOLOGIES PRIVATE LIMITED’ referred to as the ‘service provider’ via the web portal ‘artemis.healthplug.in’ or the Artemis mobile application both referred to as the ‘site’.
The site provides you access to the following services that aims to help your engagement with the hospital,
You should familiarize yourself with these terms because they establish rights and responsibilities as a User. We understand that the privacy and security of your personal 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 site and apps and use the services that are offer, do not hesitate to contact us if you have any questions.
This Terms and Conditions of Use Agreement (Agreement) between you and ARTEMIS HEALTH SCIENCES LIMITED sets forth the general terms and conditions governing your use of the site and the services available on the site. 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 THE SITE.
1.2 As used in this Agreement, the terms “Artemis”, “Hospital”, “we," "us," or "our" refer to ARTEMIS HEALTH SCIENCES LIMITED. As used in this Agreement, the term “User” is as defined herein.
1.3 The site is an on-line information and communications service provided on behalf of the hospital by the service provider. The site contains information about the hospital, its services and the health and health-related information about an individual or multiple related individuals that is collected by the hospital during the course of the individual’s engagement with the hospital and/or entered by the individual and/or his or her designee.
(a) “Account” shall mean the file of health and health-related information of a User and/or his or her family members that may be accessed, stored, used, and updated only by the User 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 User’s Account.
(c) “User” shall mean an individual who executes or enters into this Agreement with ARTEMIS HEALTH SCIENCES LIMITED to maintain and store health and health-related information in a User Account that may be accessed at the site, or who accepts the terms and conditions set forth in this Agreement so as to be able to access and/or use the site. A User may access, use, store, and maintain his or her own information in the User’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 User’s Account and who accesses or uses the Site with the permission and at the discretion of the User.
1.5 The site is for personal and non-commercial use only. As a condition of continued use of the Site, Users 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.
2.1 ARTEMIS HEALTH SCIENCES LIMITED hereby grants to the User and Users the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. The hospital reserves the right to add new features to the Site and remove current features from the site without notice. The User may download and/or print a copy of the information published and stored in their respective Accounts from the Site for personal use only and, when appropriate.
2.2 The content on the site and in Users’ 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 site, excluding the patient medical records made available by the hospital under their label, should not be considered medical or health advice. The hospital is not responsible for any damages resulting from the use of documents personally uploaded by the user for professional medical advice, diagnosis, or treatment.
2.4 Users and Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment due to the availability or the lack of availability of information available on the site.
2.5 Information that is obtained from the site 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 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 A QUALIFIED HEALTHCARE PROVIDER AT THE HOSPITAL OR OUTSIDE.
2.6 Registration:In order to register, you will provide some basic information to us about yourself, such as your mobile number, first name, last name, date of birth, email address etc. During registration you will provide an e-mail address and your mobile number. You will verify your mobile number via our OTP services. Your username will be your mobile number, which can be changed at a later point. The numeric password will be chosen by you and will be used for accessing Services that are only available to Users.
3.1 Access to and use of the site is available on a free of charge basis until further notice from the hospital. However, the hospital will offer services that the Users may opt for on a immediate payment or a deferred payment basis.
3.2 Each User and User may enter or upload, maintain, and store information, including copies of documents, records, images, and information submitted to the User by the hospital or other healthcare providers or other healthcare organizations, to a personal, secure, and unique Account established for the User. The hospital or the service provider acting on behalf of the hospital, will electronically store and maintain Users’ Accounts on servers at the hospital or at the site of a third party acting on behalf.
3.3 Each User Account can be tailored by the User to upload, maintain, and store health and health-related information for many members.
3.4 Whenever a User’s information is submitted to or entered in the User’s Account, that information will be communicated using encryption technology called Secure Socket Layer ("SSL") encryption software. However, the hospital or the service provider cannot and will not guarantee that: (a) the information, during its transmission to a User’s Account, will be protected against loss, misuse or alteration by third parties; or (b) access to Users’ Accounts will be uninterrupted; or (c) SSL encryption cannot be breached.
3.5 It is the responsibility of each User to ensure that no unauthorized person shall have access to the User’s User ID and Passwords. It is each User’s sole responsibility to control the dissemination and use of the User’s User ID and Passwords, authorize, monitor and control access to and use of the User’s Account, and promptly inform the hospital or the service provider of any need to deactivate or change the User’s User ID and/or Passwords. The hospital cannot and will not assume any responsibility or liability for any information submitted to a User’s Account or any information that is used or misused whether submitted, used, or misused by (a) the User; (b) Users on the User’s Account; (c) the User’s designee; (d) healthcare providers; (e) other healthcare organizations; (f) other third parties; whether or not acting on the User’s behalf.
3.6 The User hereby grants the hospital, its employees, doctors and contractors, and all other persons or entities involved in the operation of ARTEMIS HEALTH SCIENCES LIMITED or of the site the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the User’s Account to provide the Services and operate the Site, including but not limited to converting documents received on the User’s behalf to an electronic format, printing and maintaining the User’s Account.
3.7 The User understands and agrees, consents, and authorizes: (a) his or her individually identifiable health information and that of any of the Users on the User’s Account to be stored, entered, and maintained on the site in accordance with the terms of this Agreement; and (b) the User, and anyone with the User’s mobile number and Password, can access, view, add, revise, and/or delete information from the User’s Account;
3.8 Users or the hospital and providers authorized by the hospital may upload or e-mail health information and medical records, X-rays and other personal medical images, and other health-related information relevant to the user. However, ARTEMIS HEALTH SCIENCES LIMITED and the service provider assume no responsibility for the quality of diagnostic images or other personal medical images reproduced on the site. The images uploaded to and reproduced on the site may not be used for medical decisions and the hospital or the service provider assume no responsibility for damages resulting for its use for clinical and diagnostic purposes.
3.9 The site is only offered as a service and the service provider assumes no responsibility for the accuracy and completeness of the content and information submitted to the site. The party who submits or enters health or health-related information into Users’ Accounts is solely responsible for its accuracy and completeness. Each User is responsible for reviewing information in the User’s Account as well as any documents produced from ARTEMIS HEALTH SCIENCES LIMITED or a third party designated by ARTEMIS HEALTH SCIENCES LIMITED for any errors and notify the hospital of the same.
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.
4.1 Users agree:
(a) To maintain all equipment required for access to and use of the site, other than equipment owned or operated by ARTEMIS HEALTH SCIENCES LIMITED or its affiliates and vendors;
(b) To maintain the security of User IDs, Passwords, and other confidential information relating to the User’s site account;
(c) Not to introduce onto the site or to users of the site, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;
(d) As to Users and associated Users, to be responsible for all charges resulting from the access and use of the User’s Account, including unauthorized access and use;
(e) To notify ARTEMIS HEALTH SCIENCES LIMITED and/or the service provider as soon as reasonably practicable of any real or suspected unauthorized use of the User’s Account;
(f) To comply with instructions provided by ARTEMIS HEALTH SCIENCES LIMITED for using, maintaining, or correcting the User’s Account; and
4.2 Each User is responsible for the communications submitted to or entered into the User’s Account and their access and use of the site. A User, and/or a User’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 site 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 User;
(f) Use the site to advertise or offer, on an unsolicited basis, to sell goods or services to other Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;
(g) 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;
(h) 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;
(i) Use the site in such a manner as to adversely affect the availability of its resources to others;
(j) Falsely or fraudulently purport to be an employee or agent of ARTEMIS HEALTH SCIENCES LIMITED ;
(k) Cause disruptive incidents;
(l) Fail to comply with applicable laws and regulations while using or accessing the site; or
(m) Post or transmit any message or information that is harmful, threatening, abusive or hateful. The hospital or the service provider, after consulting with the hospital, reserve the right to take such action as it deems appropriate in cases where the site is used to disseminate statements that are deeply and widely offensive and/or harmful.
4.3 Each time a User uploads or posts information, data, a document, or a file to the site, the 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 site in accordance with this Agreement.
4.5 As to Users, you agree to be financially responsible for the use of the site 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.
5.1 The Effective Date of this Agreement shall be the date on which the User registers with the site.
5.2 Either party may terminate the User’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.
5.3 Notwithstanding anything to the contrary in this Agreement, ARTEMIS HEALTH SCIENCES LIMITED shall have the right to immediately terminate this Agreement or suspend a User’s Account in the event that ARTEMIS HEALTH SCIENCES LIMITED determines, in its sole discretion, that the User has violated a material provision of this Agreement. ARTEMIS HEALTH SCIENCES LIMITED or parties representing the hospital shall confirm such termination or suspension by subsequent written notice.
5.4 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.
5.5 Upon termination, ARTEMIS HEALTH SCIENCES LIMITED will retain data in a User’s Account pursuant to its standard data retention policy, but in no case less than thirty (30) days, after which User Account data will be destroyed.
7.2 ARTEMIS HEALTH SCIENCES LIMITED and the service provider, where applicable, 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 ARTEMIS HEALTH SCIENCES LIMITED shall not use, disclose, or process the information submitted for inclusion in a User’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 ARTEMIS HEALTH SCIENCES LIMITED
7.4 Users are encouraged to use discretion while browsing the Internet on searches initiated from site. Users understand that the site 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 ARTEMIS HEALTH SCIENCES LIMITED makes no representations concerning any effort to review any or all of the content of sites for which links are provided on the site. ARTEMIS HEALTH SCIENCES LIMITED does not in anyway operate, control or endorse any information, products or services provided by third parties through the Internet.
7.6 Clicking on a link on the site which directs the User to an off-Site page or to another site is at the User's own risk and subject to the terms and conditions of use of such sites.
7.7 ARTEMIS HEALTH SCIENCES LIMITED cannot and will not review communications and materials posted or uploaded to the site for accuracy or completeness, and are not responsible for the content of such communications and materials.
7.8 ARTEMIS HEALTH SCIENCES LIMITED reserves the right to remove or block communications or materials that ARTEMIS HEALTH SCIENCES LIMITED determines, in its sole discretion, to (a) be abusive, libelous, 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 ARTEMIS HEALTH SCIENCES LIMITED or the site, or (e) be offensive or otherwise unacceptable to ARTEMIS HEALTH SCIENCES LIMITED
8.1 All content on the site, including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of ARTEMIS HEALTH SCIENCES LIMITED, its service provider, 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 ARTEMIS HEALTH SCIENCES LIMITED and protected by Indian copyright laws.
8.2 Information uploaded by the user shall be deemed the exclusive property of the user prior to uploading or entering any information into an individual user’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 site shall not transfer legal title to ARTEMIS HEALTH SCIENCES LIMITED.
8.4 All information
ARTEMIS HEALTH SCIENCES LIMITED shall be entitled to have non-exclusive possession of the information submitted to or entered into a User’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 site may be displayed, reformatted, and/or printed for the User's personal, non-commercial use only. Information on the site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the site must include the copyright notice.
8.6 The site and any additional sites that are owned or controlled by ARTEMIS HEALTH SCIENCES LIMITED are trademarks of ARTEMIS HEALTH SCIENCES LIMITED 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.
9.1 THE SITE 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 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER 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, ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
9.3 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER CANNOT AND WILL NOT GUARANTEE THAT ALL OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION WILL BE AVAILABLE AT ALL TIMES. YOU SHOULD NOT RELY EXCLUSIVELY ON THE ARTEMIS HEALTH SCIENCES LIMITED 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 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER WILL NOT INDEPENDENTLY AND SEPARATELY VERIFY THE TRUTH AND ACCURACY OF INFORMATION ENTERED BY YOU. INFORMATION THAT IS SUBMITTED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU OR YOUR DESIGNEE WILL BE CONSIDERED BY ARTEMIS HEALTH SCIENCES LIMITED AS ACCURATE AND COMPLETE. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED BY ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER ON YOUR BEHALF.
9.5 USERS OF THE SITE 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 ARTEMIS HEALTH SCIENCES LIMITED FOR THE RECONSTRUCTION OF ANY LOST DATA.
9.6 YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE SITE 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 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER. ARTEMIS HEALTH SCIENCES LIMITED. OR THE SERVICE PROVIDER 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 SITE.
9.7 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER 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 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER 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. ARTEMIS HEALTH SCIENCES LIMITED 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 USER OR PROVIDED BY HIS OR HER HEALTHCARE PROVIDERS AND ORGANIZATIONS WILL BE USED BY ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER ONLY FOR THE FOLLOWING PURPOSES:
(A) PROVIDING USERS AND USERS THE ABILITY TO ACCESS AND USE THE SITE VIA A VALID USER ID AND PASSWORDS.
(B) AS NECESSARY FOR THE PROPER MANAGEMENT AND ADMINISTRATION OR IN ORDER TO CARRY OUT THE LEGAL RESPONSIBILITIES OF ARTEMIS HEALTH SCIENCES LIMITED.
9.10 ARTEMIS HEALTH SCIENCES LIMITED OR THE SERVICE PROVIDER 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 USER’S ACCOUNT.
You agree to indemnify, defend, protect, release, and hold ARTEMIS HEALTH SCIENCES LIMITED, its officers, directors, employees, agents, and its affiliates, the Service Provider, 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 ARTEMIS HEALTH SCIENCES LIMITED , its affiliates, the service provider or their respective officers, agents, and employees in defence of same (“Claims”) ARTEMIS HEALTH SCIENCES LIMITED 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 site. 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 ARTEMIS HEALTH SCIENCES LIMITED, 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.
11.1 You agree that neither ARTEMIS HEALTH SCIENCES LIMITED nor its officers, directors, employees, and agents, nor its affiliates, the service provider, 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, ARTEMIS HEALTH SCIENCES LIMITED out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the site. You hereby release and forever waive any and all claims you may have against ARTEMIS HEALTH SCIENCES LIMITED , its officers, directors, employees, and agents and its affiliates, the service provider, 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 site.
11.2 Notwithstanding the foregoing paragraph, the total collective liability of ARTEMIS HEALTH SCIENCES LIMITED , its officers, directors, employees, and agents, and its affiliates, the service provider, 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 User 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 ARTEMIS HEALTH SCIENCES LIMITED from any use of or inability to use any Content or other parts of the site, are hereby excluded even if ARTEMIS HEALTH SCIENCES LIMITED , its officers, directors, employees, and agents and its affiliates, the service provider, 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. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties .
12.2 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 the Agreement.
12.3 Third Party Rights. The provisions of paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of ARTEMIS HEALTH SCIENCES LIMITED 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.
12.4 Nonwaiver. ARTEMIS HEALTH SCIENCES LIMITED 's failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein shall not be construed as a waiver of any provision or relinquishment to any extent of its right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
12.5 Assignment. ARTEMIS HEALTH SCIENCES LIMITED may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, ARTEMIS HEALTH SCIENCES LIMITED shall be relieved of any further obligation hereunder.
12.6 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 User’s Site message box. All notices shall be effective upon receipt by the party at each party’s address as follows:
ARTEMIS HEALTH SCIENCES LIMITED
414/1, 4TH FLOOR, DDA COMMERCIAL COMPLEX DISTRICT CENTRE, JANAKPURI NEW DELHI DL 110058 IN
ATTN: Chief Executive Officer
12.7 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.
12.8 Amendments. ARTEMIS HEALTH SCIENCES LIMITED 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 User’s continued access to or use of the site shall be deemed the User’s conclusive acceptance of any and all Amendments and the most current amended Agreement.
12.9 Force Majeure. Neither Party will be liable for any performance failure or delay for any cause beyond that Party’s reasonable control.
12.10 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.