Terms and Conditions
Sri Maha Clinic Terms of use
Please read these terms of use carefully. By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this platform.
1. GENERAL
www.srimahaclinic.com, an
internet-based portal, and “Sri Maha Clinic”, a mobile application, (here in after together referred to as the
“Website”) is run, operated, and maintained by Teanso Technologies Private Limited (here in after referred to as the
“Company” or “We” or “Our” or “Us”), a company incorporated under the Companies Act, 2013 (18 of 2013) with its
registered office at 3a/5, Balakrishnan Street, Senthil Nagar (South Extn), Chromepet, Chennai - 600 044, Tamil
Nadu,
India; website – www.teanso.com.
For the purpose of these Terms, wherever the context so requires, "You", “Your”, or "User" shall mean any natural
or
legal person who accesses, uses, or subscribes to our Website, agrees to become a buyer on the Website, or avails or
offers to avail any of our services. Use of the Website is offered to You, subject to acceptance of all the terms,
conditions, and notices contained in these Terms including applicable policies which are incorporated herein by
reference, along with any amendments/modifications made from time to time by the Company at its sole discretion and
posted on the Website, including by way of imposing an additional charge for access to or use of service(s).
The Company reserves the right to change or modify these Terms or any policy or guideline of the Website
including
the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective
immediately
upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such
changes or modifications, provided however that We will inform You of such changes within such timelines as may be
specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes
or
modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms
and
conditions that apply to Your use of the Website. By
(i) using this Website or any facility or service provided by this Website in any way; or
(ii) merely by browsing the Website, You agree that You have read, understood, and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing, or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
(i) using this Website or any facility or service provided by this Website in any way; or
(ii) merely by browsing the Website, You agree that You have read, understood, and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing, or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
Our Website is operated, and services are provided in compliance with the laws in India and the Company shall not
be
liable to deliver any Products or provide any Services purchased by You in locations outside India. If You access
our
services from locations outside India, You do so at Your own risk and You are solely liable for compliance with
applicable local laws. The User agrees to use the service to authorise an individual and get the products from the
third
party on his/her behalf. Where You use any third-party website or the products or services of any third party, You
may
be subject to alternative or additional terms and conditions of use and privacy policies.
2. PRODUCTS AND SERVICES
The Website is a platform that facilitates, as an intermediary, the online requisition by the User for purchase of
medicines and wellness / health related products and services offered by Company's various registered
third-party/ies (third parties shall for the purpose of this Terms, include without limitation, third party retail
pharmacies, third-party labs et al) ("Products and Services"). The sale & purchase / transaction between the
registered third parties and You, of Products and Services, facilitated by the requisition placed by You on the
Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be
provided in these Terms, control in any manner, any transaction between You and the third parties.
1.Diagnostics Services
The Company as a marketplace facilitates Users to avail diagnostic test/ package facilities offered by third-party
operated labs (“Labs”) through
(i) the third party’s tab (or)
(ii) the Sri Maha Clinic Labs’ tab on its Website.
Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided.
(i) the third party’s tab (or)
(ii) the Sri Maha Clinic Labs’ tab on its Website.
Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided.
The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of
the Website and the materials provided therein only for purposes that are permitted by:
(a) these Terms; and
(b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions. Not with standing anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centers contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic center or any third party through the Website.
The Company may, at its sole discretion, suspend Labs’ or Users’ ability to use or access the Website at any time
while the Company investigates complaints or alleged violations of these Terms, or for any other reason. The Company
has the right to edit profiles of Labs to make them more suitable for package searches on the Website. If Labs and/
or Users find any wrong information on the Website in relation to such Labs and/or User, they may contact the
Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.
(a) these Terms; and
(b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions. Not with standing anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centers contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic center or any third party through the Website.
2.Online Doctor Consultancy
The Company facilitates provision of healthcare products and services to the Users. The words “Your Physician” or
“Your Doctor” or “Healthcare Provider” or similar words on the Website, shall mean any registered medical
practitioner (RMPs) with whom the User has a doctor-patient relationship. Any consultation services availed through
the Website are fulfilled by third party RMPs made available through third party service provider Docstat. These
third party RMPs are not related to the Company but merely provide their services to You with Your consent.
The Company hereby explicitly states that it does not provide any kind of telemedical consultation to its
Users/You. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance,
blogs, information and other materials that is provided to You on the Website should be used for information
purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound
professional medical advice, evaluation or care from a doctor except for any advice, information or direction
obtained by You directly from Your Doctor. You agree and acknowledge that the third party RMPs (as available through
third party service providers) are independent contractors, whose services are being availed by You upon Your
implied/ explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any
advice, medical consultancy or any other loss arising pursuant to Your engagement with such third party RMPs.
Your reliance on such third party RMPs is solely Your responsibility and at Your sole discretion, and the
Company assumes no responsibility and/or liability in relation to Your consultation/communication with such third
party RMPs, including but not limited to the quality of services offered by such third party RMPs, which shall at
all times be at Your sole risk and responsibility. In the event of any non-compliance or malpractice by any such
third party RMPs, You affirm that You will bring to our immediate attention, any such incidence, for us to take
necessary actions required under applicable laws and raise it with the third-party service providers. Further, You
affirm that You shall not take any action against the Company for any acts (or omission) of the RMPs.
You agree and acknowledge that any e-prescription issued pursuant to any online consultancy service as
availed by You, shall be issued by Your Doctor and in compliance with applicable laws of India. Where such
prescription is not constituted as a valid prescription, the same would not be used for dispensation of medicines by
any pharmacist including the Retail Pharmacies. We only act as an intermediary; and in the event You request Us to
enable the processing of the e-prescription or any form there of (whether original or scanned copy of the original
prescription) and We assume no responsibility and/ or liability in relation to the dispensation of the medicines,
which shall at all times be at Your sole risk and the sole responsibility of the Retail Pharmacies supplying the
medicines to You. Reliance on any information provided on the Website is solely at Your own risk.
You should follow the advice of Your Doctor at all times. The services are not for use in medical
emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is
required. Your sole discretion shall apply in such cases. In case of any medical emergency, You should call Your
nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should
under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that You may
have heard/viewed on the Website.
Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company
shall not make any effort to validate any information provided by You for using the services. The opinions,
statements, consultation via digital mode provided by the third party RMPs shall not reflect the opinions of the
Company, its affiliates etc. The Company makes no warranty that the services will meet Your requirements, or that
the service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service
interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption
of data.
You agree and acknowledge that any e-prescription issued pursuant to any online consultancy service as
availed by You, shall be issued by Your Doctor and in compliance with applicable laws of India. Where such
prescription is not constituted as a valid prescription, the same would not be used for dispensation of medicines by
any pharmacist including the Retail Pharmacies. We only act as an intermediary; and in the event You request Us to
enable the processing of the e-prescription or any form thereof (whether original or scanned copy of the original
prescription) and We assume no responsibility and/ or liability in relation to the dispensation of the medicines,
which shall at all times be at Your sole risk and the sole responsibility of the Retail Pharmacies supplying the
medicines to You. Reliance on any information provided on the Website is solely at Your own risk.
You should follow the advice of Your Doctor at all times. The services are not for use in medical
emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is
required. Your sole discretion shall apply in such cases. In case of any medical emergency, You should call Your
nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should
under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that You may
have heard/viewed on the Website. Further, it is Your responsibility for ensuring that the information submitted is
accurate and the Company shall not make any effort to validate any information provided by You for using the
services. The opinions, statements, consultation via digital mode provided by the third party RMPs shall not reflect
the opinions of the Company, its affiliates etc.
The Company makes no warranty that the services will meet Your requirements, or that the service(s) will be
uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by the
Company employees. The Company is not responsible for transmission errors and corruption of data.
3.Patient Support Program (PSP or Program)
The Company provides services through the Platform and facilitates the Users to avail personalized health condition or disease management support (“Program”) through the third-party experts associated with us including registered medical practitioners, nutritionists or any other specialists or professionals (“Professionals”). The Program is designed with the objective of providing holistic health condition or disease management support to the Users through the Professionals which shall help the Users in enhancing their well-being. The Program may include with certain limitations diagnostics tests, counselling sessions, teleconsultations with third-party RMPs, and other health coaches such as nutritionists, psychologists, fitness coaches amongst others. All educational content that is being created with the clinical oversight of the Professionals and experts empaneled with us (collectively referred to as “Medical Experts”). The opinions, statements, answers, and tele-consultations (collectively referred to as “Consultation”) provided by the Professionals through the Platform are solely the individual and independent opinions and statements of such Professionals or Medical Experts and do not reflect the opinions of the Company or its affiliates.
The company may connect You with Professionals who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Professional, and the Professional shall solely be responsible and liable for the same. The Services should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Platform are provided on ‘as is’ or ‘as available’ basis for guidance purposes only, without any warranties, representations, and conditions.
Therefore, You are free to confirm the advice rendered through this service on the Platform with Your Doctor. The Consultations provided through the Platform are not diagnostic in nature and are merely being offered to support User’s management of an existing health condition. The exchanges between the Professionals and the User may occur vide any mode including a chat window, telephonically or via SMS or email (as the case maybe), and such records may be accessed by the Company for quality control and support related purposes and are dealt with in accordance with the terms of the Privacy Policy. Further, the purpose of maintaining such records and Your consent regarding the retention of such data will be recorded before You sign up for the Program, and the information provided by You or the information generated as a result of the Program shall be stored, used, and secured as per the terms provided in the Company’s Privacy Policy. In case You choose to not provide Your consent to recording Your calls, or chat content that may have personal information required for the Program purposes, the Company reserves the right to not facilitate the Services for which such personal information is sought. Please see our Privacy Policy page, for more information on storage, use, and protection of sensitive data and personal information that may be included in prescriptions, or consultations.
3. ELIGIBILITY OF USE
Use of the Website is available only to persons who can form legally binding contracts under
Indian
Contract Act, 1872.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without
limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also
not
be
available to any Users suspended or removed from the Company’s system for any reason whatsoever.
If You do not conform to the above qualification, You will not be permitted to put a requisition
for
the
Products through the Website. By accessing and using this Website, You represent that You are of legal age to
form a
binding contract and are not a person barred from entering into a contract under the laws as applicable in
India.
Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services
provided
by
the Website, through Your legal guardian in accordance with the applicable laws.
Company reserves the right to terminate your membership and / or refuse to provide You with access
to
the
Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years.
Company
reserves the right to refuse access to use the services offered at the Website to new Users or to terminate
access
granted to existing Users at any time without according any reasons for doing so and You shall have no right to
object
to the same. You shall not have more than one active Account on the Website. Additionally, You are prohibited
from
selling, trading, or otherwise transferring Your Account to another party.
4. USER ACCOUNT, PASSWORD AND SECURITY
Company shall enable You to make the requisition of Products and Services available to You through
the Website, only if You have provided Company certain required User information, including without limitation,
name; user ID; email address; address; gender; age; phone number; password; valid finance account information;
and other details and created an account ("Account") through Company ID and password or other log-in ID and
password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account
Information"). The transaction and delivery of the Products by the registered merchants/vendors may also be
subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or
other disclaimer & notices, if any ("Additional Terms").
If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall
take precedence in relation to that service. The Website requires You to register as a User by creating an
Account in order to avail the services provided by the Website. You will be responsible for maintaining the
confidentiality of the Account Information and are fully responsible for all activities that occur under Your
Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account
Information or any other breach of security, non-compliance with the Telemedicine Practice Guidelines dated
March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to
time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and
will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be
held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or
unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and
confidential or otherwise. The Website also allows / shall allow restricted access to the Website for
unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration
form is true, complete, accurate and up to date. Use of another User's Account Information for availing the
services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right
to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You
confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account
holder used in the transactions he/she makes using the Website. Company will not be responsible for any
financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card
number/Account details for using the Website.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information)
that is used by Company for the technical administration of the Website, research and development, and for User
administration. In the course of serving advertisements or optimizing services to You, Company may allow
authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store
personally identifiable information in the cookies.
5. PRICING INFORMATION AND PAYMENT
Company strives to provide You with the best prices possible on the Products You require from the
Website. The pricing details for purchase of Products from the Website are detailed under these Terms. Further:
1.All commercial terms such as price, delivery, dispatch of Products and/or services are as per
principal-to-principal bipartite contractual obligations between User and the third parties.
2.Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.
3.You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by Company.
4.You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.
5.You, as a User, shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
6.You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
7.Refund shall be made in Indian Rupees only and shalsl be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
8.Refund shall be subject to User complying with these Terms.
9.Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
10.The User and third-party acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
11.You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
12.You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
13.You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.
14.The User also agrees to pay a nominal fee as mentioned hereunder.
2.Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.
3.You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by Company.
4.You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.
5.You, as a User, shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
6.You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
7.Refund shall be made in Indian Rupees only and shalsl be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
8.Refund shall be subject to User complying with these Terms.
9.Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
10.The User and third-party acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
11.You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
12.You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
13.You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.
14.The User also agrees to pay a nominal fee as mentioned hereunder.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit
card number, etc. The online fee payments made by You are processed with the support and services of the
banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or
damage caused to User/ Retail Pharmacies/ third party service providers during this process as these
banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no
applicable payment charges levied on any transactions. Click here to see the list of our available payment
methods and payment partners.
Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through
the facility made available on the Website. Such online fee payments are also processed with the support and
services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for
any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these
banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.Taxes- Each User
/ third party service provider is solely responsible for payment of all taxes, legal compliances, statutory
registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own
taxes. Further please note that all fees are exclusive of applicable taxes.
Security Measures- The payment made for every transaction is done through API integration. Moreover, You may
also check Our Privacy Policy to understand how the Company uses the confidential information provided by
Users.The Company reserves the right to modify the fee structure by providing on the Website which shall be
considered as valid and agreed communication. The Company shall not be responsible if some purchase is not
registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in
the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the
cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the
User.Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the
respective third parties, including without limitations, banks/payment gateways/payment aggregators/network
operators without involving the Company.
6. USER OBLIGATIONS
Subject to compliance with these Terms, Company grants You a personal, non-exclusive,
non-transferable, limited privilege to access and use this Website and the Services provided herein.
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted
by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any
materials (such as the Product catalogues) that You access on the Website in accordance with Paragraph 7 below.
You agree not to access (or attempt to access) the Website and the materials or services by any means other than
through the interface that is provided by Company. You shall not use any automated means such as data scraper,
deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use
any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined
below), or in any way reproduce or circumvent the navigational structure or presentation of the Website,
materials or any Content, to obtain or attempt to obtain any materials, documents or information through any
means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from
other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all
liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive
content in the manner prescribed herein. If the Website allows You to post and upload any material on the
Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable
laws. Further, You undertake not to:
• Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:
1. belongs to another person and to which the user does not have any right;2. Is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
3. Is harmful to child;
4. Infringes patent, trademark, copyright or other proprietary or intellectual property rights;
5. Violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
8. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial 9. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
10. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look- up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
Company has no obligation to monitor such communications by You. However, Company reserves the right to review
materials posted by You and to remove any materials in its sole discretion. Company reserves the right to
terminate the User's access to any or all of such communication services provided by Company at any time,
without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as
is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole
discretion. Company does not control or endorse the content, messages or information found in any communication
service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to
the communication services and any actions resulting from the user's participation in any communication service.
You agree that You are solely responsible to Company and to any third party for any breach of Your obligations
under the Terms and for the consequences (including any loss or damage which company or its affiliates or its
vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the Products
and Company shall in no manner be deemed to be the owner of the Products on this Website. Company is only
facilitating purchase of the Products by You from the third parties by providing the services to You. You agree
that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees
required to use the Website, or offer opportunities to some or all Website Users.
You agree that the Website shall not be used for illegal purposes. The information and Services shall not be
used for any illegal purpose. You shall not access our networks, computers, or the information and Services in
any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and
enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts,
computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access
includes, but is not limited to, using another person’s login credentials to access his or her Company profile/
Account. Any attempt by any individual or entity to solicit login information of any other user or third party
registered medical practitioner or to access any such account is an express and direct violation of these Terms
and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical
business practices.
You agree and acknowledge that the exchanges between the third party registered medical practitioners and You
over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the
quality of the consultation. The consultation provided by the third-party registered medical practitioner shall
be done vide a secured recorded line.
Notice and Takedown
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal,
offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily
privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or
encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in
any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any
nation or its or friendly relations with foreign States; or which consists of or contains software viruses or
violates any of the Terms, please notify Us immediately at support@srimahaclinic.com. As soon as you inform Us, We will make all reasonable
endeavours to remove such objectionable content complained about within a reasonable time
Risks associated with Company's Services
You abide by these Terms, Privacy Policy and any other Company Policy by using the Company’s Services. The third
party registered medical practitioners will not be examining You physically and may not have access to all or
some of Your medical history that might be critical to consult You. The third party registered medical
practitioners will not have the benefit of information that would be obtained by examining You in person,
observing Your physical condition and by going through Your medical records. This means that the Services
provided is different from the diagnostic and treatment services typically decided by a physician. Therefore,
the third party registered medical practitioners may not be aware of facts or information that would affect his
or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly
encourages You to be in touch with an on- ground physician and share the third party registered medical
practitioners’ opinion with him/her. You acknowledge and agree, by requesting a medical opinion through the
Website, that-
1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
2. the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;
3. in case of a second opinion, where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
4. the third party registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
5. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
6. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
7. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.
8. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
2. the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;
3. in case of a second opinion, where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
4. the third party registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
5. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
6. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
7. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.
8. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
7. USE OF MATERIALS
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby
grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to
view, download and print product catalogues or any other materials available on the Website, subject to the
following condition:
•You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogues or any other materials available on the Website;
•You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and
•You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.
Such elements of the Website are protected by intellectual property rights and may not be copied or
imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not
be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website
is the property of Company or third parties. You may not use, download or install any software available at the
Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company.
8. USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that
may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not
indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/
coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any
other person. Once you subscribe with the Website, You shall use the prescription exclusively to purchase
medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other
retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.
9. INTELLECTUAL PROPERTY RIGHTS
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that
may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not
indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/
coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any
other person. Once you subscribe with the Website, You shall use the prescription exclusively to purchase
medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other
retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.
10. RETURN, REFUND AND CANCELLATION CHARGES
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms and the Users are requested to carefully read the same.
11. ADVERTISEMENTS
As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party
Advertisers”) to place advertisements on the Website.
For Users: The Website clearly distinguishes between the
editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will
not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein
below) but shall be subject to applicable laws, these Terms (except the editorial policy) and the Privacy Policy.
For Third Party Advertisers: The Third Party Advertisers must be honest
about the products or
services their
advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or
offending; must be responsible and of the highest standards and without compromising consumer protection.
General Rules: The Company may, at any time and without having to serve
any prior notice to
the Third Party
Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may
deem
fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is
the
responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/
or
these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are
posted. We may also alter or remove any content from the Website without notice and without liability. The Third
Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s)
in
India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and
regulations in each geographic area where the advertisements will run. All disclosures in the advertisements
must be
clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party
Advertiser. The Company reserves the right to reject or remove any advertisement in its sole discretion for any
reason. Further, the Company also reserves the right to request modifications to any advertisement, and to
require
factual substantiation for any claim made in an advertisement.
12. EDITORIAL POLICY
As part of the Services provided by Us, the Website provides editorial content targeted at the public for informational purposes only and such editorial content does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Users are requested to carefully read the Editorial Policy.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services
and
other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied,
statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness
for
a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the
services
will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or
error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be
effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your
expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected.
No
advice or information, whether oral or written, obtained by you from Company or through or from use of the
services
shall create any warranty not expressly stated in the Terms. To the maximum extent permitted by applicable law,
Company will have no liability related to user content arising under intellectual property rights, libel,
privacy,
publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss,
modification or unavailability of any user content. Company will not be liable for any loss that You may incur
as a
consequence of unauthorized use of Your Account or Account Information in connection with the Website or any
services or materials, either with or without your knowledge.
Company has endeavoured to ensure that all the information on the Website is correct, but Company neither
warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information,
product or service. Company shall not be responsible for the delay or inability to use the Website or related
functionalities, the provision of or failure to provide functionalities, or for any information, software,
products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use
of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company
shall not be held responsible for non-availability of the Website during periodic maintenance operations or any
unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond
Company\'s control. The User understands and agrees that any material or data downloaded or otherwise obtained
through the Website, 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 or data.
Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no
liability for any errors or omissions, with respect to any information provided to you whether on behalf of
itself or third parties.
Company shall not be liable for any third-party product or services. The advertisement available on e-mail or
Website with respect to the third-party website or the Products are for information purpose only. You expressly
agree that Your use of the Website is at Your risk.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company 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 You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company\'s entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company cannot and does not guarantee that the concerned Users and/or third party service providers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party service providers. Company does not, at any point of time during any transaction between Users and third party service providers on the Website come into or take possession of any of the Products or Services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third party service providers to Users.
At no time shall Company hold any right, title or interest over the products, nor shall Company have any
obligations
or liabilities in respect of such contract entered into between Users and third party service providers. Company
is
not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of
products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section
apply
to the maximum extent permitted by applicable law.
15. VIOLATION OF TERMS
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies Company may have at law or in equity. You
agree that Company
may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which
includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by
You
(self-initiated account deletions); (3) discontinuance or material modification of the Website or any service
offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal
action
against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You
agree to pay, all reasonable attorneys\' fees and costs of such action, in addition to any other relief granted
to
Company.
16. TERMINATION
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
- You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
- Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- The provision of the services to You, by Company is, in Company\'s opinion, no longer commercially viable;
- Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your
Account
may include:
(i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of
Your
materials and Account Information, including Your personal information, log-in ID and password, and all
related
information, files and materials associated with or inside Your Account (or any part thereof); and (iii)
barring
of
further use of the Services. You agree that all terminations shall be made in Company\'s sole discretion and
that
Company shall not be liable to You or any third party for any termination of Your Account (and accompanying
deletion
of Your Account Information), or Your access to the Website and the services offered thereunder.
Not with standing the foregoing, these Terms will survive indefinitely unless and until Company chooses to
terminate
them. If You or Company terminates Your use of the Website, Company may delete any content or any other
materials
relating to Your use of the Website and Company will have no liability to You or any third party for doing
so.
17. GOVERNING LAW
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
18. REPORT ABUSE / GRIEVANCE REDRESSAL
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
If You have any concern about the Terms or grievances about the Website or our services, please contact us
with
a
thorough description and We will try to resolve the issue for You. Please address them to Our grievance
redressal
officer at: Please see below the details of our grievance officer:
Name: Mr. N. Balaji
Email: support@srimahaclinic.com
Address: 112, Bharath Flats, Radha Nagar Main Road, Chromepet, Chennai-600 044, Tamil Nadu, India
Mobile Number: 9047660909
Email: support@srimahaclinic.com
Address: 112, Bharath Flats, Radha Nagar Main Road, Chromepet, Chennai-600 044, Tamil Nadu, India
Mobile Number: 9047660909
While we strive to address all grievances internally, we acknowledge that certain issues may be best
resolved
directly between you and the Retail Pharmacies/Labs. In such cases, We will facilitate this process by
forwarding your grievance to the relevant Retail Pharmacies/Labs to ensure a prompt and effective
resolution.
However, our Grievance Officer shall continue to serve as the primary point of contact for any concerns
related
to the services provided on our platform.
19. PRIVACY POLICY
Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You . Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at www.srimahaclinic.com/static/privacy_policy to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.
20. COMMUNICATIONS
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime
by:
- Visiting www.srimahaclinic.comto unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e- mail.
21. GENERAL PROVISIONS
Notice: All notices of Company will be served by
email
or by general
notification on the Website. Any notice
provided to Company pursuant to the Terms should be sent to
support@srimahaclinic.com
Assignment: You cannot assign or otherwise transfer
the
Terms, or any
rights
granted hereunder to any third party.
Company\'s rights under the Terms are freely transferable by Company to any third parties without the
requirement of
seeking Your consent.
Severability: If, for any reason, a court of
competent
jurisdiction finds
any
provision of these Terms, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give
effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall
continue in
full force and effect.
Waiver: Any failure by Company to enforce or
exercise
any provision of
the
Terms, or any related right, shall div
constitute a waiver by Company of that provision or right