TERMS OF SERVICE AGREEMENT
LAST REVISION: 6 April, 2016
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://omnihospitals.in/ (the “Website”), INCOR Hospitals Pvt Ltd (“the Business”), offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. INCOR Hospitals Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. INCOR Hospitals Pvt Ltd encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with INCOR Hospitals Pvt Ltd for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. INDEMNIFICATION
You will release, indemnify, defend and hold harmless INCOR Hospitals Pvt Ltd and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to INCOR Hospitals Pvt Ltd . When INCOR Hospitals Pvt Ltd is threatened with suit or sued by a third party, INCOR Hospitals Pvt Ltd may seek written assurances from you concerning your promise to indemnify INCOR Hospitals Pvt Ltd . Your failure to provide such assurances may be considered by INCOR Hospitals Pvt Ltd to be a material breach of this Agreement. INCOR Hospitals Pvt Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of INCOR Hospitals Pvt Ltd ‘s choice at its expense. You will have sole responsibility to defend INCOR Hospitals Pvt Ltd against any claim, but you must receive INCOR Hospitals Pvt Ltd ‘s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
II. PRIVACY
INCOR Hospitals Pvt Ltd believes strongly in protecting user privacy and providing you with notice of INCOR Hospitals Pvt Ltd ‘s use of data. Please refer to INCOR Hospitals Pvt Ltd ‘s privacy policy, incorporated by reference herein, that is posted on the Website.
III. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
IV. GENERAL
Force Majeure:
INCOR Hospitals Pvt Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation:
INCOR Hospitals Pvt Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement:
This Agreement comprises the entire agreement between you and INCOR Hospitals Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:
The failure of INCOR Hospitals Pvt Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law:
This Website originates from Hyderabad, Telangana, India. This Agreement will be governed by the laws of the State of Telangana without regard to its conflict of law principles to the contrary. Neither you nor INCOR Hospitals Pvt Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Telangana. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination:
INCOR Hospitals Pvt Ltd reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and INCOR Hospitals Pvt Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, INCOR Hospitals Pvt Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until INCOR Hospitals Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:
INCOR Hospitals Pvt Ltd makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.Assignment. You may not assign your rights and obligations under this Agreement to anyone. INCOR Hospitals Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.