Legal Indemnities: You undertake fully and effectively to indemnify and keep us, our management, directors, employees, agents, licensors and suppliers indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of:
- Your access to and/or use (other than as permitted by these Terms) of the Site and/or the Contents and/or the interactive area found on the Site;
- Any information, data or material that you may produce, obtained in whole or in part from the Content found at the Site or through the use of the facilities available at the Site;
- Any breach of any of the provisions of these Terms by you.
We will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Jurisdiction and governing law: These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bangalore, India.
Arbitration: If any dispute arises between you and us during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by us. The place of arbitration shall be Bangalore. The Indian Arbitration & Conciliation Act, 1996, and any subsequent amendments thereto shall govern the arbitration proceeding. The Arbitration proceedings shall be in the English language.
Waiver: Failure by us to enforce any provision of these terms will not be deemed a waiver of future enforcement of that or any other provision. Waiver of any provision by us has to be in writing, duly signed by the authorised signatory of Narayana Hrudayalaya.
Severability: If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, the said provision will be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
Survival: Any obligations under this Agreement which either expressly or by its nature are to continue after termination or expiration of this Agreement shall survive and remain in effect.
Notices: You expressly agree that any notice to us shall served/delivered only by certified mail or equivalent, return receipt required, duly stamped and addressed to the principal/registered office address of NH as stated herein. In any matter requiring our prior consent, such consent will be considered given only if sent by certified mail and signed by an authorised representative of NH.
Captions: The titles and headings are inserted for convenience only and in the event of conflict between the text and the headings, the text shall prevail.
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