1.1 General Terms for ThinkLab Cloud LIS Subscribers
This Agreement outlines the terms and conditions applicable to all subscribers of
ThinkLab Cloud
LIS products and services. ThinkLab Cloud LIS offers a secure and safe online repository
for
storing essential personal health, medical records, and vital documents. Familiarize
yourself
with these terms as they establish the rights and responsibilities associated with being
a
Subscriber. Recognizing the significance of safeguarding your personal records, we
employ
advanced security technology to ensure their privacy. However, it's essential to note
that the
security of your records depends on your diligence in protecting and regularly updating
your
password. As you explore our website and utilize our services, please feel free to reach
out to
us if you have any inquiries or require assistance. Your privacy and data security are
paramount
to us.
This "Terms and Conditions of Use Agreement" represents a legal contract between Thinkwide Digital Health Pvt. Ltd. and the user, defining the terms that govern the utilization of ThinkLab Cloud LIS and its associated products and services. By accessing or using ThinkLab Cloud LIS, the user unequivocally agrees to abide by the stipulations outlined in this agreement, which encompass various aspects of service usage and user responsibilities. It is crucial to highlight that this agreement grants users the autonomy to choose; if they do not consent to its terms, they retain the option to refrain from accessing or using ThinkLab Cloud LIS. In essence, this agreement ensures that users are aware of the terms governing their use of the service, promoting transparency and informed decision-making
1.2 In this section, it clarifies the terminology used in the agreement. "ThinkLab," "we," "us," or "our" refer to ThinkWide Digital Health Pvt. Ltd., which is the company providing the ThinkLab Cloud LIS service. Additionally, the term "Subscriber" is defined within the agreement itself.
1.3 This section defines ThinkLab Cloud LIS as an online service offered by ThinkWide Digital Health Pvt. Ltd. It is a platform that contains health and health-related information about individuals, which can be submitted or entered by healthcare providers, healthcare organizations, the individuals themselves, or their authorized representatives.
1.4 This section provides further definitions:
(a) "Account" refers to a file or repository that stores health and health-related
information
for a Subscriber and possibly their family members. This information can be accessed,
stored,
used, and updated exclusively by the Subscriber or their designated representatives.
(b) "Disclosing Party" refers to the entity or individual that provides health or
health-related
information to be included in a Subscriber's Account.
(c) "Subscriber" is an individual who either enters into an agreement with ThinkWide
Digital
Health Pvt. Ltd. to maintain and store their health and health-related information in a
Subscriber Account on the ThinkLab Cloud LIS Site or who accepts the terms and
conditions
outlined in the Agreement to access and use the ThinkLab Cloud LIS Site. Subscribers
have the
authority to access, use, store, and manage their own information within their Account,
as well
as the health and health-related information of their family members.
(d) "User" refers to an individual whose health or health-related information is stored
within a
Subscriber's Account on ThinkLab Cloud LIS. These Users have the authorization and
permission of
the Subscriber to access and use the ThinkLab Cloud LIS Site. The Subscriber exercises
discretion in allowing Users to access and utilize the Site. Essentially, Users are
individuals
who are granted access to the health information within a Subscriber's Account with the
Subscriber's consent and control. This definition clarifies the relationship between
Subscribers
and the individuals they permit to access their stored health information on the
platform.
1.5, it's clarified that ThinkLab Cloud LIS Site is intended for personal, non-commercial use exclusively. To continue using the Site, both Subscribers and Users must agree to adhere to the terms and conditions outlined in this Agreement. Furthermore, it's emphasized that these terms and conditions may be updated or amended without prior notice.
2.1, ThinkWide Digital Health Pvt. Ltd. Grants Subscribers and Users the right to access, view, and utilize the ThinkLab Cloud LIS Site, provided they comply with the terms and conditions outlined in the Agreement. The company also maintains the authority to introduce new features or remove existing ones from the Site, without prior notice. Furthermore, Subscribers and Users are permitted to download and/or print information stored in their respective Accounts from the Site, but solely for personal use and as deemed appropriate. This section delineates the scope of user rights, the potential for changes to the Site's features, and the conditions for downloading or printing information from the platform
2.2 Content for Informational and Educational Purposes: This section clarifies that the content available on the ThinkLab Cloud LIS Site, including text, graphics, images, information from third parties, links, and other materials (referred to as "Content"), is intended solely for informational and educational purposes. It emphasizes that the content serves an informative role.
2.3 Content Not Medical Advice: Section 2.3 underscores that the content on the ThinkLab Cloud LIS Site should not be considered as medical or health advice. It explicitly states that nothing on the site is meant to recommend a specific course of treatment for any Subscriber or User. The Content is not a substitute for professional medical advice, diagnosis, or treatment.
2.4 Importance of Professional Medical Advice: This section strongly advises Subscribers and Users never to disregard professional medical advice or treatment, nor to delay seeking such advice or treatment based on any information found on the ThinkLab Cloud LIS Site. It underscores the importance of consulting with qualified healthcare professionals for medical concerns.
2.5 Incomplete Information: Section 2.5 emphasizes that the information obtained from ThinkLab Cloud LIS is not comprehensive, and it does not cover all diseases, physical or mental conditions, or their treatments. It clarifies that for specific medical advice, the Subscriber's or User's physician or another qualified healthcare provider should be consulted. Any questions regarding medical conditions or treatments should be directed to a healthcare professional.
2.6 Registration: This section explains the process of registration on the platform. Users are required to provide basic information, including their first name, last name, date of birth, mobile number, and email address during registration. The mobile number is used as the username and cannot be changed. The password, which can be changed by the user, is automatically generated and sent to the mobile number or email. These credentials are essential for accessing services available to subscribers.
2.7 Information Usage and Subscription Communication: ThinkLab uses the registered information to send users information about services or requested information via text message or email. It may also provide information about new services, which may or may not be related to the user. Users have the option to unsubscribe from these communications by requesting it via email at [email protected].
Access to and utilization of the ThinkLab Cloud LIS Site is available through prepaid subscriptions. Subscribers can choose from subscription periods of one year, three years, or five years, depending on their preferences and requirements.
3.1 (a) Subscription Fee: The subscription fee, which covers access to ThinkLab Cloud LIS and the establishment of an Account, is defined in the Sign Up & Pricing section of the ThinkLab Site. Subscribers have the option to purchase or subscribe to ThinkLab Advanced Services on the ThinkWide Site. Subscription durations can range from monthly to one year, three years, or five years, as per the terms outlined in the agreement.
(b) Annual Subscription Period: For an Annual Subscription, the Subscriber is granted the right to access and utilize the ThinkLab Cloud LIS Site for an Initial Term of either one (1) year, three years, or five years, depending on the subscription plan they select at the time of registration. This entitlement is effective from the date of registration, provided that both the Subscriber and any Users associated with the Subscriber's Account remain in compliance with the terms and conditions outlined in this Agreement.
(c) Non-Automatic Renewal with Grace Period: This Agreement will not renew automatically after the selected term of service expires. However, a grace period of one month is provided for the purpose of renewal. During this grace period, the Subscriber has the option to renew their subscription. It's important to note that this grace period is not considered as an additional period; rather, the renewal period starts from the beginning of the grace period. The Subscriber can choose to renew their subscription for another term, whether it's for one year, three years, or five years, based on their usage needs.
Additionally, during this grace period, the Subscriber's account will continue to have premium services recorded. After the grace period concludes, premium services will be automatically removed. However, the Subscriber retains the option to renew their services at any time within the specified time period to regain access to premium services.
3.2 (a)User Information Storage: Every Subscriber and User has the ability to input, upload, manage, and store information on the platform. This information can include various data types such as copies of documents, records, images, and information received from healthcare providers or healthcare organizations. This data is stored within a personal, secure, and distinct Account that is established specifically for each Subscriber.
(b)Data Storage by ThinkWide: ThinkWide Digital Health Pvt. Ltd. is responsible for electronically storing and maintaining the Accounts of Subscribers on their servers. This implies that ThinkWide is entrusted with the secure management of the data stored by Subscribers and Users on the platform.
3.3 Tailoring Subscriber Accounts: Each Subscriber Account can be customized by the Subscriber to specifically upload, maintain, and store health and health-related information for only one member, which is the Subscriber themselves. This implies that each Account is tailored for an individual user's personal health information.
3.4 Data Transmission Security: When information is submitted to or entered into a Subscriber's Account, it is transmitted using encryption technology known as Secure Socket Layer ("SSL") encryption software. However, ThinkWide Digital Health Pvt. Ltd. cannot guarantee certain aspects:
(a) It cannot ensure that the information, during transmission to a Subscriber's Account, will be completely protected against loss, misuse, or alteration by third parties.
(b) It cannot guarantee uninterrupted access to Subscribers' Accounts.
(c) It cannot assert that SSL encryption is entirely immune to breaches.
3.5 This section emphasizes that while SSL encryption is used for data transmission security, there may still be risks involved, and ThinkWide Digital Health Pvt. Ltd. cannot guarantee absolute protection or uninterrupted access.
(a)User ID and Password Security: It is the sole responsibility of each Subscriber to ensure that unauthorized individuals do not gain access to their User ID and Passwords. This responsibility includes controlling who is aware of and uses the User ID and Passwords associated with their Account.
(b)Authorization and Control: Subscribers are responsible for authorizing, monitoring, and controlling access to and usage of their Subscriber Account. They should promptly notify ThinkWide Digital Health Pvt. Ltd. if there is any need to deactivate or change their User ID and/or Passwords.
(c)Liability and Responsibility: Importantly, ThinkWide Digital Health Pvt. Ltd. will not assume any responsibility or liability for information submitted to a Subscriber's Account, or for any misuse of such information. This applies regardless of whether the information was submitted or misused by the Subscriber, Users associated with the Subscriber's Account, the Subscriber's designee, healthcare providers, other healthcare organizations, or third parties, whether or not acting on behalf of the Subscriber.
3.6 Authorization for Access and Use: In Section 3.6, the Subscriber grants ThinkWide Digital Health Pvt. Ltd., its employees, officers, directors, agents, contractors, and all individuals or entities involved in the operation of ThinkWide Digital Health Pvt. Ltd. or the Site the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information stored in the Subscriber's Account. This authorization is provided for the purpose of providing the Services and operating the Site. It may include activities such as converting documents to electronic formats, printing and delivering personal Emergency Cards and/or Stickers, and maintaining the Subscriber's Account.
3.7 Consent and Authorization: Section 3.7 outlines the Subscriber's understanding and agreement to the following:
(a) The Subscriber's individually identifiable health information, as well as that of any Users associated with the Subscriber's Account, may be stored, entered, and maintained on the ThinkLab Cloud LIS Site in accordance with the terms of the Agreement.
(b) The Subscriber, along with anyone having the Subscriber's ThinkLab User ID and Password, has the ability to access, view, add, revise, and/or delete information within the Subscriber's Account.
(c) The Subscriber, along with anyone having the Subscriber's User ID and Emergency Password, can access and view information stored in the Subscriber's Emergency Folder and other designated Folders.
3.8 Accuracy and Responsibility for Information: Section 3.8 emphasizes the following points:The party entering or submitting health or health-related information into Subscribers' Accounts is solely responsible for the accuracy and completeness of that information.
Subscribers themselves are responsible for reviewing the information within their Accounts, including any documents generated by ThinkWide Digital Health Pvt. Ltd. or the ThinkLab Cloud LIS Site, such as Emergency Cards and Stickers. If any inaccuracies or issues are identified, Subscribers are responsible for notifying ThinkWide Digital Health Pvt. Ltd.
Automated Access and Robot Use: The text goes on to mention the prohibition of using robots, spiders, scrapers, or other automated means to access the Site or Services without express written permission. However, it allows the use of Standard for Robot Exclusion (SRE)-compliant robots, with specific conditions:
These robots must visit the Site immediately before downloading or indexing any pages on
the Site.
The robots.txt file is the sole means by which robots are authorized to access the Site.
Users must not violate any robot access policies. Violation of these policies may result in consequences such as termination of access to the Site, deactivation or deletion of registration and stored information, and the denial of further access.
4.1 Subscribers and Users Agree to:
(a) Maintain the necessary equipment for accessing and using the ThinkLab Cloud Site, except for equipment owned or operated by ThinkWide Digital Health Pvt. Ltd. or its affiliates and vendors.
(b) Safeguard the security of User IDs, Passwords, and other confidential information associated with the Subscriber's ThinkLab Cloud LIS’s Account.
(c) Avoid introducing any computer viruses, worms, Trojan horses, or other potentially harmful code onto the Site or to other users, either directly or indirectly.
(d) Take responsibility for all charges arising from the access and use of the Subscriber's Account, including unauthorized access and usage.
(d) Take responsibility for all charges arising from the access and use of the Subscriber's Account, including unauthorized access and usage.
(f) Comply with instructions provided by ThinkWide Digital Health Pvt. Ltd. regarding the use, maintenance, or correction of the Subscriber's Account.
(f) Comply with instructions provided by ThinkWide Digital Health Pvt. Ltd. regarding the use, maintenance, or correction of the Subscriber's Account.
4.2 Responsibilities and Prohibited Actions:
Each Subscriber and User is responsible for the communications submitted to or entered into their Subscriber's Account and their access and use of the ThinkLab Cloud LIS Site. Under no circumstances should a Subscriber, User, or a Subscriber's designee engage in the following activities:
(a) Transmit any information that is libelous 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, as well as trademarks or service marks used in an infringing manner.
(d) Use the ThinkLab Cloud LIS Sites 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.
(f) Use the ThinkLab Cloud LIS Site 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.
(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 have been obtained.
(h) Upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data, or other code that may have contaminating or destructive properties.
(i) Use the ThinkLab Cloud LIS Site in a manner that adversely affects the availability of its resources to others.
(j) Falsely or fraudulently claim to be an employee or agent of ThinkWide Digital Health Pvt. Ltd..
(k) Cause disruptive incidents.
(l) Fail to comply with applicable laws and regulations while using or accessing the ThinkLab Cloud LIS Site.
(n) Post or transmit any message or information that is harmful, threatening, abusive, or hateful. ThinkWide Digital Health Pvt. Ltd. reserves the right to take appropriate action in cases where the ThinkLab Cloud LIS Site is used to disseminate statements that are deeply and widely offensive and/or harmful.
4.3 Ownership and Consent: When a Subscriber or User uploads or posts information, data, a document, or a file to the ThinkLab Cloud LIS Site, they represent and warrant that they either own or otherwise control the rights to that content or have the necessary consents to upload or post it. This implies that users are responsible for ensuring they have the appropriate permissions for the content they upload.
4.4 Age and Legal Right: Users represent and warrant that they are at least 18 years of age and possess the legal right to enter into the Agreement and use the ThinkLab Cloud LIS Site in accordance with its terms.
4.5 Financial Responsibility: Subscribers agree to be financially responsible for the use of the ThinkLab Cloud LIS Site, including the use of their Account by others, including minors for whom they have responsibility and/or who are living with them, as well as other immediate family members living with them.
4.6 Compliance and Liability: Users understand and agree to comply with the responsibilities and obligations outlined in the Agreement. Failure to comply with these limitations or obligations may result in civil or criminal liability.
5.1 Effective Date: The Effective Date of this Agreement is the date when the Subscriber registers with the ThinkLab Cloud LIS Site.
5.2 Term Duration: Subscribers and Users, subject to payment of applicable fees, are entitled to access and use the ThinkLab Cloud LIS Site for a Term of one (1) year, three (3) years, or five (5) years, depending on the chosen subscription plan. This term begins on the Effective Date, adjusted for any free trial period.
5.3 Termination by Either Party: Either party (Subscriber or ThinkWide Digital Health Pvt. Ltd.) may terminate the Subscriber's right to use the Site and their Account with or without cause by providing written notice to the other party at least thirty (30) days prior to the end of the Initial or any Renewal Term
5.4 Termination by ThinkWide Digital Health Pvt. Ltd.: ThinkWide Digital Health Pvt. Ltd. has the right to immediately terminate this Agreement or suspend a Subscriber's Account if it determines, in its sole discretion, that a Subscriber or User has violated a material provision of this Agreement, including failing to make timely payments. Such termination or suspension will be confirmed through subsequent written notice.
5.5 Survival of Provisions: The termination of this Agreement will not affect provisions that, by their wording or nature, are intended to remain effective and continue to operate after termination. Certain sections, including those related to Copyright, Indemnification, Waiver, Release and Limitation of Liability, and Miscellaneous, will survive the termination of this Agreement.
5.6 Data Retention: Upon termination, ThinkWide Digital Health Pvt. Ltd. will retain data in a Subscriber's Account pursuant to its standard data retention policy, but for no less than thirty (30) days. After this period, Subscriber Account data will be destroyed.
ThinkWide Digital Health Pvt. Ltd. considers the privacy of its Subscribers and Users to be of the utmost importance. Please see the ThinkWide Digital Health Pvt. Ltd. Privacy Policy Privacy Policy for a detailed description of the information gathering and dissemination practices for the ThinkLab Cloud LIS.
7.1 Discretion Over Site Operation: ThinkWide Digital Health Pvt. Ltd. has complete discretion over the operation of the site, which includes actions such as deleting images or personal health records for non-payment, sharing information with third parties as per its Privacy Policy, and the ability to withdraw, suspend, or discontinue site features without prior notice.
7.2 Security Measures: ThinkWide Digital Health Pvt. Ltd. is responsible for maintaining technological systems, policies, and procedures to safeguard against unauthorized access to electronically transmitted information, including the use of encryption and technical security mechanisms.
7.3 Limited Use of Information: ThinkWide Digital Health Pvt. Ltd. will only use, disclose, or process the information submitted for inclusion in a Subscriber’s Account as necessary for the proper management and administration of the information or to fulfill its legal responsibilities.
7.4 Caution on Internet Browsing: Subscribers and Users are advised to exercise discretion while browsing the Internet from the ThinkLab Cloud LIS Site, as links may unintentionally lead to sites with inappropriate or offensive content, inaccurate information, false advertising, or copyright violations.
7.5 No Control Over External Sites: ThinkWide Digital Health Pvt. Ltd. does not operate, control, or endorse information, products, or services provided by third parties through external sites linked on the ThinkLab Cloud LIS Site.
7.6 No Endorsement Implied: The inclusion of links on the ThinkLab Cloud LIS Site does not imply endorsement by ThinkWide Digital Health Pvt. Ltd. It is provided for reference and convenience only.
7.7 User's Risk: Clicking on external links directing users to off-site pages or other websites is at the user's own risk and subject to the terms and conditions of those external sites.
7.8 No Review of Communications:ThinkWide Digital Health Pvt. Ltd. does not review communications and materials posted or uploaded to the site for accuracy or completeness and is not responsible for their content.
7.9 Removal of Unacceptable Content:ThinkWide Digital Health Pvt. Ltd. reserves the right to remove or block communications or materials that it deems, in its sole discretion, to be abusive, libelous, defamatory, fraudulent, deceptive, in violation of intellectual property rights, containing security risks, or offensive.
8.1 Exclusive Property: All content on the ThinkLab Cloud LIS Site, including graphics, photographs, text, sounds, data, audio and video clips, is the exclusive property of ThinkWide Digital Health Pvt. Ltd., its licensors, or content suppliers, and is protected by Indian copyright laws. The organization and arrangement of content on the site are also exclusive property and protected by copyright laws.
8.2 Ownership Prior to Upload: Information is considered the exclusive property of the Disclosing Party before uploading or entering it into an individual Subscriber’s Account.
8.3 Title Transfer: Disclosure of information to ThinkWide Digital Health Pvt. Ltd. does not transfer legal title to ThinkWide Digital Health Pvt. Ltd.
8.4 Possession Rights: ThinkWide Digital Health Pvt. Ltd. is entitled to non-exclusive possession of the information submitted to a Subscriber’s Account as per the terms of the agreement. This possession right terminates automatically upon agreement termination, unless otherwise specified in writing or if returning or destroying the information is not feasible.
8.5 Personal Use: Information on the ThinkLab Cloud LIS Site may be used, reformatted, or printed for personal, non-commercial use by Subscribers or Users. Reproduction, distribution, dissemination, sale, publication, broadcast, or circulation of this information to others is not allowed, and any copied information must include the copyright notice.
8.6 Trademarks: The ThinkLab Cloud LIS and other sites owned or controlled by ThinkWide Digital Health Pvt. Ltd. are trademarks protected by law. Unauthorized use of these trademarks on the Site may result in legal consequences, including civil and criminal penalties.
9.1 The ThinkWide Digital Health is provided "as is" and "as available" without warranty of any kind, either express or implied. This includes warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, timeliness, and suitability of content.
9.2 No Guarantee of Error-Free Operation: ThinkWide Digital Health Pvt. Ltd. does not guarantee against human or machine errors, omissions, delays, interruptions, or losses, including data loss or access issues. It does not guarantee uninterrupted or error-free functionality or the correction of defects.
9.3 No Guarantee of Healthcare Provider Transmission: ThinkWide Digital Health Pvt. Ltd. cannot guarantee that healthcare providers will transmit all or any portion of your medical records or health information.
9.4 Accuracy Responsibility: ThinkWide Digital Health Pvt. Ltd. does not independently verify the truth and accuracy of information supplied by healthcare providers or entered by you. It considers the information submitted as accurate and complete, and you and your healthcare providers are responsible for identifying and correcting any errors.
9.5 Data Backup Responsibility: Subscribers and Users are responsible for implementing procedures to ensure data accuracy and maintaining a means external to ThinkWide Digital Health Pvt. Ltd. for data reconstruction in case of data loss.
9.6 Communication Infrastructure: Information communicated to or entered into the ThinkLab Cloud LIS Site is communicated over various communication infrastructure, including local exchange, internet backbone carrier lines, routers, switches, and devices owned by third parties. ThinkWide Digital Health Pvt. Ltd. is not liable for delays, failures, interruptions, or data corruption related to these communications.
9.7 Virus and Malware Disclaimer: ThinkWide Digital Health Pvt. Ltd. does not guarantee that files available for download from the site will be free of viruses, worms, Trojan horses, or other harmful code.
9.8 Content Disclaimer: ThinkWide Digital Health Pvt. Ltd. is not liable for any content on the site. Reliance on site information is at the user's own risk, and ThinkWide Digital Health Pvt. Ltd. reserves the right to change or discontinue aspects or features of the site without notice.
9.9 Use of Information: Information entered by Subscribers, Users, or healthcare providers will only be used for specific purposes, including providing access to the ThinkLab Cloud LIS Site, emergency access for healthcare providers, and management and legal responsibilities of ThinkWide Digital Health Pvt. Ltd.
9.10 Limited Liability for Information Use: ThinkWide Digital Health Pvt. Ltd. is not liable for authorized or unauthorized use, misuse, or disclosure of information stored in a Subscriber's Account, including the Emergency Folder and Secondary Folders. This limitation extends to the authorized use by healthcare providers.
In this section, you agree to indemnify, defend, protect, release, and hold ThinkWide Digital Health Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, Suppliers, and their respective officers, directors, agents, and employees harmless from any and all losses, expenses, damages, injuries, deaths, liability, claims, liens, demands, causes of action, including claims of intellectual property rights infringement, judgments, penalties, interest, court costs, and legal fees (including reasonable attorney's fees). This indemnification includes Claims incurred by ThinkWide Digital Health Pvt. Ltd., its affiliates, or their respective officers, agents, and employees in defence of such Claims
This indemnification applies to Claims regardless of whether they arise from the negligence of ThinkWide Digital Health Pvt. Ltd., its affiliates, their respective officers, directors, agents, and employees, or from you or any other person accessing and using the ThinkLab Cloud LIS Site and/or your Account.
In essence, you agree to cover any losses, expenses, damages, or legal costs incurred by ThinkWide Digital Health Pvt. Ltd. or its affiliates in connection with any Claims related to your use of the ThinkLab Cloud LIS Site or your Account, regardless of the cause of those Claims.
11.1 You agree that neither ThinkWide Digital Health Pvt. Ltd., nor its officers, directors, employees, agents, affiliates, Information Providers, Suppliers, nor their respective officers, directors, employees, and agents will have any liability to you under any theory of liability or indemnity in connection with this Agreement or any activity related to your Account or your use of the ThinkLab Cloud LIS Site. You release and forever waive any claims you may have against ThinkWide Digital Health Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents for losses or damages you may sustain in connection with your use of the ThinkLab Cloud LIS Site.
11.2 However, the total collective liability of ThinkWide Digital Health Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the fees paid by the Subscriber for the particular information or service provided during one (1) calendar year. Other damages, including direct or indirect, special, incidental, consequential, or punitive damages, such as lost profits or damages resulting from lost data or business interruption, arising from any use of or inability to use any Content or other parts of the ThinkLab Cloud LIS Site, are excluded even if ThinkWide Digital Health Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, 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 construed in accordance with the jurisdiction of Vadodara, Gujarat, without regard to that state's conflicts of law principles.
12.2 Third Party Rights: The provisions of paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of ThinkWide Digital Health Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents. Each of these individuals or entities has the right to assert and enforce these provisions directly against you on its own behalf.
12.3 Nonwaiver:ThinkWide Digital Health Pvt. Ltd.'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 of ThinkWide Digital Health Pvt. Ltd.'s right to assert or rely upon such provisions or rights on any future occasion. The course of conduct between the parties or trade practice shall not modify any provision of this Agreement.
12.4 Assignment: ThinkWide Digital Health Pvt. Ltd. may assign its rights and obligations under this Agreement to any party at any time without notice. Upon such assignment, ThinkWide Digital Health Pvt. Ltd. shall be relieved of further obligations under this Agreement.
12.5 Notices: Any notice required under this Agreement shall be in writing and sent by mail, fax, courier, or as an electronic record attached to an email or sent to the Subscriber's Site message box. Notices are effective upon receipt at the specified addresses.
ThinkWide Digital Health12.6 Severability: The provisions of this Agreement are severable, meaning that if any provision is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions. In such a case, the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable while preserving the intent of the parties.
12.7 Amendments: ThinkWide Digital Health Pvt. Ltd. has the right to amend this Agreement at any time without notice. Such amendments become effective immediately upon posting. By continuing to access or use the ThinkWide Digital Health Site, Subscribers and Users are deemed to have accepted any and all amendments, including the most current version of the Agreement.
12.8 Force Majeure: Neither party will be held liable for any failure or delay in performance caused by events or circumstances beyond their reasonable control.
12.9 Entire Agreement: This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties regarding the services, responsibilities, and obligations outlined in the agreement. It supersedes all prior oral or written agreements and understandings on the same subject matter.