This agreement ("user agreement") incorporates the terms and conditions for Artemis Medicare Services Limited and its affiliate Companies ("ARTEMIS") to provide services to the person (s) ("the User") intending to avail services of ARTEMIS by using ARTEMIS's websites or using any other customer interface channels of ARTEMIS which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Both User and ARTEMIS are individually referred as 'party' to the agreement and collective referred to as 'parties'.
USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT
The Users availing services from ARTEMIS shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the provision of such services by ARTEMIS for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or ARTEMIS with respect to any services to be provided by ARTEMIS shall be restricted to the scope of this agreement.
ARTEMIS reserves the right, in its sole discretion, to terminate the access to any or all ARTEMIS websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
AVAILABILITY OF WEBSITE
We will Endeavour to ensure that Artemis website is available 24 hours per day without any interruptions. However, we reserve the right to make website unavailable at any time or to restrict access to parts or all of website without notice. Artemis website is a general information service. We will Endeavour not to make it misleading, but we cannot represent that the information accessible on or via website is accurate, not-misleading, complete or up to date.
User acknowledges that ARTEMIS provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information and services available through the ARTEMIS websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as ARTEMIS notices them. Changes are/may be periodically made/added to the information provided such. ARTEMIS may make improvements and/or changes in the ARTEMIS websites at any time without any notice to the User. Any advice received except through an authorized representative of ARTEMIS via the ARTEMIS websites should not be relied upon for any decisions.
ARTEMIS reserves the right to change the terms, conditions, and notices under which the ARTEMIS websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
USE OF WEBSITE
Artemis website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell or any materials or information in Artemis website or the structure, overall style and program code without our consent. If you wish to make a request for consent. please contact : webqueries@artemishealthsciences.com.
THIRD PARTY WEBSITES AND LINKINGS
Artemis Website may contain links and references to other Websites maintained by third parties over whom Artemis Web has no control. Similarly, Artemis Web may be accessed from third party links over whom Artemis Web has no control. Artemis Website makes no warranties, representations, or responsibility of any kind as to the availability, accuracy, currency, or completeness of any information contained in such websites.
ARTEMIS is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. ARTEMIS does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
YOUR CONTRIBUTION
You agree to only use Artemis website for lawful purposes and that any information that you provide in connection with, or which forms part of, website will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libelous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the website.
MEDICAL INFORMTION
Artemis Web may contain general information relating to various medical procedures, conditions, and their treatment preparation. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by our doctors. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor.
DATA PROTECTION
It is your responsibility to ensure that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the website.
FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the Artemis may be unable to provide medical services due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues.
ARTEMIS shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.
In no event shall ARTEMIS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ARTEMIS website(s) or any other channel . Neither shall ARTEMIS be responsible for the delay or inability to use the ARTEMIS websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ARTEMIS website(s), or otherwise arising out of the use of the ARTEMIS website(s), whether based on contract, tort, negligence, strict liability or otherwise.
ARTEMIS is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
SAFETY OF DATA DOWNLOADED
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, ARTEMIS will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
PROPRIETARY RIGHTS
ARTEMIS may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by ARTEMIS and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
PRIVACY
Artemis Hospital respects the privacy of its website users. Please refer to Artemis Web’s Internet Privacy Statement that explains users’ rights and responsibilities with respect to information that is disclosed on this website.
OUR LIABILITY
Since a substantial part of Artemis website is both free and available to all, it is a condition that your use of website is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the website for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless ARTEMIS and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ARTEMIS and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and ARTEMIS cannot be held responsible for the same.
RIGHT TO CANCELLATION BY ARTEMIS IN CASE OF INVALID INFROMATION FROM USER
The User expressly undertakes to provide to ARTEMIS only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from ARTEMIS.
In case ARTEMIS discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, ARTEMIS in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, ARTEMIS shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies ARTEMIS of any such claim or liability and shall not hold ARTEMIS responsible for any loss or damage arising out of measures taken by ARTEMIS for safeguarding its own interest and that of its genuine customers. This would also include ARTEMIS denying/cancelling any bookings on account of suspected fraud transactions.
ARTEMIS at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by ARTEMIS is not complete until full money towards the service is received from the customer and accepted by ARTEMIS.
CONFIDENTIALITY AND NON CONFIDENTIAL INFORMATION
Any information which is specifically mentioned by Artemis as confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligation of both the parties therein.
Subject to any applicable terms and conditions set forth in our privacy policy, any communication or other materials that you send to us through the internet or post on the website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Artemis Web shall have no obligation of any kind with respect to such information. Artemis Web shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, enhancing and marketing services.
SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of ARTEMIS Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular ARTEMIS website, then these terms shall control.
RELATIONSHIP
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of ARTEMIS Websites or its partner websites, shall be deemed to constitute a partnership between the User and ARTEMIS and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
COMPLAINTS
If you believe that your intellectual property or other rights are being infringed by the website, or if you are dissatisfied with website or any aspect of our service, in the first instance please contact: Company Secretary, Artemis Medicare Services Ltd, Artemis Health Institute, Sector – 51, Gurgaon – 122001.
JURISDICTION
ARTEMIS hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. ARTEMIS considers itself and intends to be subject to the jurisdiction only of the courts of Gurgaon, Haryana, India.
RESPONSIBILITIES OF USER VIS-?-VIS THE AGREEMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein.
If the User does not agree with any of the terms above, they are advised not to read the material on any of the ARTEMIS pages or otherwise use any of the contents, pages, information or any other material provided by ARTEMIS. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying ARTEMIS in writing.