Terms and Conditions of Thinkwide Cloud LIS

In this section, it defines different terms that will be used in the agreement. ThinkWide Digital Health Pvt. Ltd. offers the ThinkLab Cloud LIS service. In the following contexts, “ThinkLab,” “we,” “us,” or “our” refer to ThinkWide Digital Health Pvt. Ltd. Also, the basic term of “subscriber” is defined in the body of the agreement.

BINDING AGREEMENT
1. Basic Modalities for ThinkLab Cloud LIS :
  These terms and conditions apply to all the ThinkLab Cloud LIS products and/or services subscribed to by any client. An added advantage of ThinkLab Cloud LIS, a comprehensive Laboratory Information Management System (LIMS), is that it provides a secure and safe space where clients’ health, medical records, and vital papers can be safely stored. Be conversant with the following terms as they define the relations between You and Us as the Subscriber. Understanding the importance of protecting clients’ records, we use the best security features to protect records from intrusion. Nevertheless, it is pertinent to emphasize that the security of your records shall be determined by how friendly and timely you are in changing your password. Kindly use this guide when you are browsing through our website and while engaging our services you can contact us if you have any questions. All your data and privacy are protected at our company.
2. This document includes the specific conditions and stipulations that are legally binding between ThinkWide Digital Health Pvt. Ltd. and the users in the use of ThinkLab Cloud LIS, our state-of-the-art lab management software (LMS), and other related products and services. Through the point of using ThinkLab Cloud LIS or gaining access to the services covered in this agreement, the user unconditionally assents to the following terms stated in the agreement. The stipulations of this agreement refer to various areas that state the ways in which the service will be used and the responsibilities that the user has to uphold. However, it should be pointed out that this agreement permits users’ freedom to make their decisions; if those users do not agree to be bound by the terms of this agreement, they possess the liberty of declining to access or use ThinkLab Cloud LIS. Altogether, this agreement makes sure that the users know the conditions and parameters that regulate the usage of the specific service, which contributes to the enhancement of the overall transparency of the process.
3. Service Description :
  This section explains ThinkLab Cloud LIS as an online service that ThinkWide Digital Health Pvt. Ltd. provides, to store and manage health as well as other health-related information about a certain individual which could be input, entered or provided by the health care providers, health care organizations, the concerned individuals, or someone legally mandated as the proxy to the individuals.
4. Further Definitions :
  1. “Account” means a record or record storage system for health and health-related information in respect of a Subscriber, and in the case of certain Subscribers may also include other members of the Subscriber’s family. Information can only be retrieved, saved, processed, and changed by the Subscriber, or the person he/she designates.
  2. The term “Disclosing Party” points to the Subscriber in terms of referring to the actual health or health-related data to be disclosed and entered in the subscriber’s account.
  3. “Subscriber” is an individual that either entered into an agreement with ThinkWide Digital Health Pvt. Ltd. for ThinkLab Cloud LIS Site to retain and preserve the health and health-related information in a Subscriber Account or an individual who has accepted the terms and conditions provided on the Agreement on using the ThinkLab Cloud LIS Site. The Subscriber is the only one entitled to navigate, utilize, store, and administrate his/her own and his/her family members’ Account’s personal and health-related data.
  4. “User” means a person whose health or health-related information is stored from the ThinkLab Cloud LIS in the Account of any Subscriber. These Users have the consent and approval of the Subscriber to use and enter the ThinkLab Cloud LIS Site. The Subscriber has discretion on how to permit Users to utilize and access the Site. In other words, Users are people to whom a Subscriber opens the possibility to read the health information in the context of the Account with their permission and participation. The following definition helps in understanding the status of Subscribers and the persons allowed to access the stored health data on the platform.
5. Restrictions :
  This section enlarges the information about the restriction of ThinkLab Cloud LIS Site’s use for personal and non-commercial purposes only. Both Subscribers and Users are prohibited from proceeding with its use without subscribing to the terms and conditions provided herein. In addition to this, it is stated that these terms and conditions can be amended from time to time without informing the members.
Right to Use, Site Content and General Information
1. Permission to Use
  ThinkWide Digital Health Pvt. Ltd. conveys to Subscribers and Users the permission to use, view, and access the ThinkLab Cloud LIS Site based on the provisions in the Agreement herein. It also retains the right to unilaterally initiate the addition of new features or integrated applications of the existing ones to the Site at any given time. Moreover, Subscribers and Users can download and/or print any information stored in their respective Accounts of the Site for their own use and as deemed fit while the said information may not be altered. This section defines the extent of the user’s freedom, possibilities regarding alterations to the Site, and the terms for the download or the printing of information from the Site.
2. Content for Informational and Educational Purposes
  This section specifies that the information and the materials provided on the ThinkLab Cloud LIS Site, such as text, graphics, images, information from third parties, links, and other materials (referred to as ‘Content’), is provided solely for the purpose of information and education. This substantiates the informative function of the content
3. Content Not Medical Advice
  Section 2.3 stresses that information uploaded on the ThinkLab Cloud LIS Site cannot be construed as medical or health advice. It specifically denies that any information placed on the site can prescribe a particular line of treatment for any Subscriber or User. The Content is not intended to be used as the basis for making diagnoses or choices of medical treatment.
4. Importance of Professional Medical Advice
  This section strenuously recommends to the Subscribers and Users not to rely on any information contained in the ThinkLab Cloud LIS Site as a basis for self-diagnosis or treatment and not to refrain from seeking professional medical advice or treatment based on such information. It also highlights how people should seek advice from professional healthcare providers when experiencing health complications.
5. Incomplete Information
  Section 2.5 clarifies that ThinkLab Cloud LIS is not the full record of knowledge in the field of medicine and related adjacent fields. It does not contain information about all diseases, both physical and mental, and about all possible ways of their treatment. It specifies that the scope of medical information provided does not include details that should be explained by the Subscriber’s or User’s physician, an area practitioner, or another similar professional of the choosing of the Subscriber or User. All matters concerning medical conditions or treatment should be referred to a medical practitioner.
6. Registration
  This subchapter describes the registration process on the platform. The registration process demands clients to input their first name, last name, date of birth, mobile number, and email address. The mobile number is opted as the Username and this is non-editable. The password is generated for the particular user and emailed or sent via SMS to the user’s phone number. These credentials are needed to possess the right to access the services availed to the subscribers.
7. Information Usage and Subscription Communication
  Through a text message or an email, ThinkLab sends users information about services or the requested information using the registered information. It may also describe the new services they are offering, which may be related to the user or otherwise. These are the communications that the user has the opportunity to opt out of by requesting a subscription at [email protected].
Access and Subscription Terms

Access to and use of the ThinkLab Cloud LIS Site is by paying a fixed fee for subscription to LIS services. The subscribers can register for one year, three years, and five years subscriptions according to their needs.
1. 1. Subscription Fee:
    To avail of ThinkLab Cloud LIS and create an Account, the subscription fee is stated in the Sign Up & Pricing of the ThinkLab Site. Subscribers have the opportunity to download ThinkLab Advanced Services or pay for the corresponding subscription on the ThinkWide Site. The flexibility of subscriptions can be as low as monthly or one year, up to a maximum of three years or five years depending on the provisions made in the contract.
  2. Annual Subscription Period:
    For an Annual Subscription, the Subscriber shall be entitled to use the ThinkLab Cloud LIS Site for the Initial Term of one (1) year, three years, or five years depending on the Subscriber’s choice during registration. This entitlement is effective from the registration date on condition that the Subscriber and any Users connected to the Subscriber’s Account have not violated any of the terms and conditions prescribed in this Agreement.
  3. Non-Automatic Renewal with Grace Period:
    They can terminate this Agreement at any time without having to explain the reason, and this Agreement will not renew at the end of the selected term of service. However, they receive a one-month grace period for this reason of renewal only. During this grace period, the Subscriber will have an opportunity to make the next subscription. However, it should be clarified that this grace period is not considered an extra period; in other terms, the renewal period starts from the beginning of the grace period. The Subscriber shall be allowed to renew their subscription for another term of one year, three years, or five years depending on the usage of the Subscriber.
    
    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.
2. 1. User Information Storage:
    A Subscriber and User has the right to input, upload, manage and storing information in the Sites. These types of information can be of different forms of data: documents copies, records, images, information received from the healthcare providers or healthcare organizations. This information is placed in a private, separate, and secure Account which is created on the Company site for every Subscriber.
  2. Data Storage by ThinkWide:
    The Accounts of Subscribers on ThinkWide Digital Health Pvt. Ltd. as an e- health record company involve electronic Storage and Maintenance on their servers. This means that ThinkWide is responsible for the protection of the data relating to the Subscribers and Users of the platform
3. Tailoring Subscriber Accounts:
  Any number of Subscriber Accounts may be created by the Subscriber; however, each Subscriber Account can be modified to suit the Subscriber’s personal needs to only upload, maintain, and store the health and/or health related records of the Subscriber only. This means that each of the Account is specific to a user’s personal health information
4. Data Transmission Security:
  Whenever information is given to or input in a Subscriber’s Account, such information will be sent through an SSL encryption software. However, ThinkWide Digital Health Pvt. Ltd. cannot guarantee certain aspects:
5. This section continues to highlight that although ThinkWide Digital Health Pvt. Ltd uses SSL encryption in the transmission of the data, there are certain risks involved; thus, the company cannot warrant the safety of its clients’ information or guarantee an uninterrupted access to the data
  1. User ID and Password Security:
    Every Subscriber is solely responsible for protection of their User ID and Passwords, that is why no other person should have access to it. This responsibility involves preventing the User from sharing the User ID and the Passwords of the Account assigned to him or her.
  2. Authorization and Control:
    Subscriber acknowledges and agrees that any person named on the Subscriber Account shall be collectively referred to as the Subscriber shall be solely and independently responsible for the operation of the Subscriber Account, particularly in authorizing usage of the Subscriber Account, use of the Systems and the electronic data stored or processed through the Systems. They should inform ThinkWide Digital Health Pvt. Ltd. immediately in circumstances where it is necessary to disable or alter a User ID and/or Passwords.
  3. Liability and Responsibility:
    However, ThinkWide Digital Health Pvt. Ltd. will in no way be held responsible for data input into the Subscriber’s Account, or misuse of such data. This applies no matter if the information was filed or abused by the Subscriber, users related to the Subscriber’s account, the Subscriber’s delegate, healthcare facilities, other healthcare establishments, or third persons regardless of whether these acted on the Subscriber’s behalf or not.
6. Authorization for Access and Use:
  In Section 3.6 Subscribing to ThinkWide Digital Health Pvt. Ltd., the Subscriber permits ThinkWide Digital Health Pvt. Ltd., its employees, officers, directors, agents, contractors, and all persons 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 using all information provided by the Subscriber and which is located in the Subscriber’s Account. This authorization is granted for the provision of the Services as well as the management of the Site. This may comprise scanning paper documents and converting them to electronic media; providing the Subscriber with printed and personalized Emergency Cards and/or Stickers; and managing the Subscriber’s Account.
7. Consent and Authorization:
  Section 3.7 outlines the Subscriber's understanding and agreement to the following:
  1. Personally identifiable health information of the Subscriber and every User connected with the Subscriber’s Account may be stored, entered, & maintained at ThinkLab Cloud LIS Site according to terms of the Agreement.
  2. The Subscriber as well as every person with the ThinkLab User ID and Password identified with the Subscriber
  3. The Subscriber, as well as any other person who has the Subscriber’s User ID and the Emergency Password, can also review materials, which are saved in the Emergency Folder and other Folders assigned.
8. Accuracy and Responsibility for Information:
  Section 3.8 emphasizes the following points:
  1. The health or health related information entered or uploaded by a subscriber to Subscribers’ Accounts is the responsibility of the party that input the information.
  2. Emergency Cards and Stickers produced by ThinkWide Digital Health Pvt. Ltd. or the ThinkLab Cloud LIS Site, as well as the Account information subscribers review, are also the responsibility of the subscribers. If any incorrect data or problems are found, then the Subscribers are to inform ThinkWide Digital Health Pvt. Ltd.
  3. Automated Access and Robot Use: The text continues the list of restrictions and mentions that it is forbidden to use robots, spiders, scrapers, or any other interface, software or system, mechanism, or process that is automated to access the Site and use the Services unless the person obtained the prior written consent of the Company. However, it allows the use of Standard for Robot Exclusion (SRE)-compliant robots, with specific conditions: However, it allows the use of Standard for Robot Exclusion (SRE)-compliant robots, with specific conditions:
  These robots must come to the Site right now before they can download or index any pages in the Site. The robots. text file is the only way through which robots are given permission to access the Site. Users need to adhere to policies regarding the access to the robots. Breaches of those policies may lead to penalties like, termination of right of access to the Site, deactivation or deletion of the registration details or other stored information, and further exclusion of access.
SUBSCRIBERS’ AND USERS’ RESPONSIBILITIES
1. Subscribers and Users Agree to:
  1. Provide and support the necessary equipment to use the ThinkLab Cloud Site, other than any ThinkWide Digital Health Pvt. Ltd.’s, affiliate or vendor owned or operated equipment.
  2. Safeguard the security of any User ID, Password and any other information which the Subscriber may have with ThinkLab Cloud LIS’s Account.
  3. They are required not to upload, post, e-mail or otherwise transmit or introduce any computer viruses, worms, Trojan horses or other code or programs into the Site or any other user’s computer.
  4. Accurately complete all charges incurred concerning access and usage of the Subscribers account, including cases of unauthorized access and usage.
  5. Obey any use, maintenance or correction instructions as communicated to the Subscriber by ThinkWide Digital Health Pvt. Ltd.
2. Responsibilities and Prohibited Actions:
  Specifically, each Subscriber and User who has entered a Subscriber’s Account is liable for the information communicated to or loaded into the ThinkLab Cloud LIS Site and further responsible for the access and/or use of this Site. Under no circumstances should a Subscriber, User, or a Subscriber's designee engage in the following activities: Under no circumstances should a Subscriber, User, or a Subscriber's designee engage in the following activities:
  1. Transmit any information that is libelous or defamatory.
  2. Transmit any message, data, image, or program that is indecent, obscene, or pornographic.
  3. 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.
  4. 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
  5. Intercept or attempt to intercept the transmission of files or other private communications not intended for the Subscriber.
  6. Use the ThinkLab Cloud LIS Site to advertise or offer, on an unsolicited basis, to sell goods or services to other Subscribers or Users use the Site for purposes of distributing unsolicited messages to one or more individuals.
  7. 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.
  8. Upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data, or other code that may have contaminating or destructive properties.
  9. Use the ThinkLab Cloud LIS Site in a manner that adversely affects the availability of its resources to others.
  10. Falsely or fraudulently claim to be an employee or agent of ThinkWide Digital Health Pvt. Ltd.
  11. Cause disruptive incidents.
  12. Fail to comply with applicable laws and regulations while using or accessing the ThinkLab Cloud LIS Site.
  13. 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.
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. 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.
5. Financial Responsibility:
  Users and others equally and severally undertake to be legally liable for the balance of any sums that in anyway result from the use of ThinkLab Cloud LIS Site and/or Account by them or any other person who is a minor and or who resides with them or their other dependent relatives who are living with them
6. Compliance and Liability:
  Users basically are of and consent to the compliance of the responsibilities and obligations disclosed in the Agreement. These limitations and obligations must be adhered to because civil or criminal consequences will be incurred if they are not observed.
TERM of TERMINATION
1. Effective Date:
  The date on which this Agreement becomes effective is the date on which the Subscriber signs up to the ThinkLab Cloud LIS Site.
2. Term Duration:
  This is the option 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 Plan subscribed for or chosen for the site, subject to the payment of any applicable Fees as provided herein. This term starts on the Effective Date, as altered by any free trial period that may have been agreed.
3. Termination by Either Party:
  Either the Subscriber or ThinkWide Digital Health Pvt. Ltd. can terminate the Subscriber’s right regarding the usage of Site and Account with or without cause by sending the written notification to the other party at least thirty (30) days before the end of the Initial or Renewal Term.
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. 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.
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
PRIVACY POLICY

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 for a detailed description of the information gathering and dissemination practices for the ThinkLab Cloud LIS.
ThinkWide Digital Health Pvt. Ltd. AND SITE OPERATIONS
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.
2. Security Measures:
  ThinkWide Digital Health Pvt. Ltd. is to be held solely responsible for preserving technological infrastructure, measures, and regulations pertinent to the prevention of unlawful access to the information being transferred electronically and for using techniques such as encryption.
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.
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.
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.
6. o 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. User's Risk:
  Navigation of external links which takes the users away from Surf Site to other pages or to other websites is done so at the user’s own risk depending on the terms and conditions of the new site they are being transferred too
COPYRIGHT
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.
2. Ownership Prior to Upload:
  Information, as a General Formula Stipulates, is recognized as the confidential and the exclusive property of the Disclosing Party prior to the uploading or entry of any information into an individual Subscriber’s Account.
3. Title Transfer:
  This means that the use of ThinkWide Digital Health Pvt. Ltd.’s website is without the transfer of legal title of the information to ThinkWide Digital Health Pvt. Ltd.
4. Possession Rights:
  ThinkWide Digital Health Pvt. Ltd. has a right to use non-exclusively the information provided by a Subscriber to the Account provided under the conditions of the signed agreement. This possession right applies where the agreement has been terminated; however, any other provisions on this subject shall be in writing or the return/destruction of information is not feasible.
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.
6. Trademarks:
  There are certain legal limits for the usage of ThinkLab Cloud LIS and other sites of ThinkWide Digital Health Pvt. Ltd and it is used with the legal rights to the site owned or controlled by ThinkWide Digital Health Pvt. Ltd. Such action calls for legal action against such people in both the civil and criminal law provisions.
Warranty Disclaimer:
1. The ThinkWide Digital Health is being offered on an ‘as is’ and ‘as available’ basis, for which no warranties are given by Microsoft of any kind. This includes warranties of dimensions, quality, performance, condition and suitability of the content and for a particular purpose.
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.
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.
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.
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.
6. Communication Infrastructure:
  Information communicated to or entered into the ThinkLab Cloud LIS Site is communicated over various communication infrastructures, 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. 9.9 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.
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.
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. 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.
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.
Indemnification:

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 defense 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.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
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.
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.
MISCELLANEOUS
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
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
3. Non waiver:
  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.
4. Assignment:
  This Agreement shall bind the parties to the contract, and ThinkWide Digital Health Pvt. Ltd. has the right to assign this Agreement, any of rights and/or obligations to any party at anytime without the prior notice. On such assignment, ThinkWide Digital Health Pvt. Ltd. will be released from any further duties under this Agreement.
5. Notices:
  All notices whether for any purpose under this Agreement that are permitted to be communicated must be in writing and can be delivered either by mail, fax, courier or as an electronic record affixed to an email or left in the Subscriber’s Site’s message centre. Notices are deemed given on the date they are received by the recipients at the stated addresses.
  
  ThinkWide Digital Health pvt ltd.
  SDF Building (Modul-529), GP Block,
  Sector V, Bidhannagar, Kolkata, West Bengal,India, 700091
  Contact: +91 9330687508
  Email- [email protected]
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.
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.
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.
9. Entire Agreement:
  The provision of this Agreement may vary time to time from the entire understanding and undertaking of the parties in relation to the service, responsibilities and the obligations incorporated herein. The agreement rises to the occasion as a replacement for all previous oral or written agreements or understandings touching on the same subject.
CANCELLATION AND REFUND POLICY
- No refund will be provided after 7 days from the date of payment.
- If a written refund request is received within 7 days of payment and the consumer has not used the purchased service, the entire amount paid will be refunded to the account from which the payment was made.
- The refund process will be completed within 15 business working days from the date of cancellation, provided all terms and conditions are met successfully.
- This policy sets clear guidelines for cancellations and refunds, with specific time frames and conditions for eligibility.

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CANCELLATION AND REFUND POLICY