1. BEFORE YOU START PLEASE READ THIS BINDING AGREEMENT
a. When you use, access or subscribe to www.chowgulemediconsult.com
and/or www.meddocket.com [each the “Site” and together
the “Sites”] ; for products and services. you are deemed to have accepted the following
terms and conditions [“Terms of Use Agreement” or “Agreement”]. By accessing or
using www.chowgulemediconsult.com and/or
www.meddocket.com , you agree to be bound by this agreement.
If you do not wish to be bound by this agreement, please do not access, or use,
or subscribe to the products and services of, www.chowgulemediconsult.com
and/or www.meddocket.com
b. www.chowgulemediconsult.com and
www.meddocket.com gives you secure, safe online storage for the personal
health and medical records, and related documents. Your rights and obligations are
set out here. So please read this document carefully and consult us or a lawyer
if you need to. You also have some duties, prescribed for mutual benefit. For example,
your records are only secure if you protect your password and change your password
frequently. So you are mainly responsible for your privacy and for the security
of your valuable information.
c. Please also read our PRIVACY POLICY available on the Site, that describes the
information gathering and dissemination practices of Chowgule.
This Site is for personal use only and may not be used to render services to others.
The terms and conditions set out in this Agreement may be amended from time to time
by Chowgule without notice, and by posting the amendments or the amended version
of this Agreement on www.chowgulemediconsult.com and/or www.meddocket.com
2. Definitions.
(a) “Account” shall mean the account maintained by us for a User of our Products
or some of them.
(b) “Member” shall mean a natural person who agrees to be bound by this Agreement
with us, for our Product or Products.
(c ) “Corporate Member” is a company or other business entity that maintains and
pays for a set of Accounts with us for use by its employees. [each an “Employee User”]
(d) “Lead Member” shall mean an entity other than a Member or Corporate Member that
maintains and pays for a set of Accounts for use by its members or students or other
constituents or patients [Each a “User”]
(e) “User” shall mean any individual who is entitled to use the Sites and/or its
Product or Products and includes Member, Employee User and User. “The User’s medical
or health-related information is stored in an Account and the User accesses or uses
the Sites with the permission and at the discretion of the concerned Member or Corporate
Member or Lead Member. Each User should be either
i. A member of the family of the Member, and such User’s
name and prescribed details should have been notified to Chowgule and accepted by
Chowgule, or
ii. a bona fide employee of a Corporate Member and
such employee’s name and prescribed details should have been notified to Chowgule
and accepted by Chowgule.
iii. a bonafide member / student / constituent or patient
of a Lead Member and such person name and prescribed details should have been notified
to Chowgule and accepted by Chowgule
(f) “You” or “your” when used as a term in this Agreement pertains to a User or
Member or Corporate Member or Lead Member as the
case may be.
(g) The terms "www.chowgulemediconsult.com","
www.meddocket.com", “, Chowgule”, "we," "us," or "our" refer to Chowgule
Mediconsult Private Limited, with offices at 404A, Sukh Sagar,
N S Patkar Marg, Chowpatty, Mumbai 400 007 India
(h) .”Meddocket”, “School Health Assessment & e-Records” and “2nd Opinion [International
Telemedicine Center”]” are the products and services offered by us. [Each a “Product”]
3. USE RIGHTS & DISCLAIMERS
A. RIGHTS
Each User is hereby granted the limited, non-exclusive right to
i. access, view, and use the Sites and the Products
in relation to which the User or someone on behalf of the User has paid the annual
and other fees prescribed on the Sites, subject at all times to the terms and conditions
of this Agreement.
ii. download and/or print a copy of the information
stored in User’s respective Account from the Site for personal use only and, at
all times, in a manner consistent with the rights of Chowgule herein
B. DISCLAIMERS & CAUTIONS
i. NO MEDICAL OR HEALTH ADVICE OR MEDICAL SERVICES
ARE RENDERED OR OFFERED. THIES SITES AND ITSTHEIR CONTENT ARE NOT SUBSTITUTES FOR
MEDICAL ADVICE OR TREATMENT.PLEASE CONSULT A MEDICAL PRACTITIONER ON ANY QUESTIONS
OR DOUBTS.
ii. THE SHARE MEDDOCKET FEATURE OF THE PRODUCT MEDDOCKET
IS INTENDED TO MERELY CONVEY THE RESPONSE OF A MEDICAL PRACTITIONER CHOSEN BY YOU
TO A QUERY SENT BY YOU TO SUCH MEDICAL PRACTITIONER. NO OBLIGATION OR RESPONSBILITY
IS ASSUMED BY CHOWGULE.IN THIS REGARDS
iii. PRODUCTS, FEATURES AND SERVICES ARE SUBJECT TO
CHANGE, OR DISCONTINUATION WITHOUT NOTICE. NO MEDICAL OR
HEALTH ADVICE OR MEDICAL SERVICES ARE RENDERED OR OFFERED. THE SITES AND THEIR CONTENT
ARE NOT SUBSTITUTES FOR MEDICAL ADVICE OR TREATMENT.PLEASE CONSULT A MEDICAL PRACTITIONER
ON ANY QUESTIONS OR DOUBTS.
iv. PLEASE DO NOT AVOID, DELAY OR DISREGARD MEDICAL
ADVICE OR TREATMENT FOR ANY REASON
v. INFORMATION AND CONTENT OFFERED ON THIESE SITES
ARE IS NOT COMPREHENSIVE, EXHAUSTIVE OR GUARANTEED IN ANY MANNER
vi. THE SITES AND THEIR PRODUCTS AND SERVICES ARE OFFERED
ON AN “AS IS” BASIS WITH NO REPRESENTATION OR WARRANTY WHATSOVER, EXPRESS OR IMPLIED
AND SPECIFICALLY EXCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
USE OR PURPOSE, TITLE, INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS,
USEFULNESS, ADEQUACY OR SUITABILITY OF THE PRODUCTS AND CONTENT,
vii. CHOWGULE DOES NOT AND CANNOT WARRANT THAT THE
SITES OR THE PRODUCTS WILL BE FREE FROM HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS,
INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA OR THAT
DEFECTS IN THE SITES OR THEIR ITS CONTENT WILL BE CORRECTED.
viii. CHOWGULE DOES NOT AND CANNOT WARRANT THAT CHOWGULE
WILL TRANSMIT ALL OR ANY PORTION OF USER INFORMATION ACCURATELY AND COMPLETELY AND
USER AGREES THAT USER ALONE SHALL BE RESPONSIBLE TO CONVEY USER’S PAST, PRESENT,
OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION TO ANY PARTY
ix. CHOWGULE WILL NOT CHECK THE VERACITY AND ACCURACY
OF USER INFORMATION. INFORMATION THAT IS SUBMITTED OR UPLOADED BY YOU OR YOUR HEALTHCARE
PROVIDERS WILL BE CONSIDERED AS ACCURATE AND COMPLETE
x. CHOWGULE WILL NOT BE RESPONSIBLE FOR LOST DATA.
USERS, MEMBERS,LEAD MEMBERS AND CORPORATE MEMBERS
SHALL BE RESPONSIBLE FOR DEVISING AND IMPLEMENTING PROCEDURES FOR RECOVERY OF DATA.
xi. MEMBERS, CORPORATE MEMBERS,
LEAD MEMBERS AND USERS UNDERSTAND AND AGREE THAT THE USER INFORMATION WILL
BE TRANSMITTED THROUGH LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER
LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED
BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE
PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF CHOWGULE AND THEREFORE,
CHOWGULE DOES NOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY,
FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY USER INFORMATION OR OTHER
DATA. FURTHER CHOWGULE DOES NOT AND CANNOT ASSURE OR WARRANT THAT INFORMATION OR
DATA OR IMAGES OR THE LIKE AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE
OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING
OR DESTRUCTIVE PROPERTIES.
xii. CHOWGULE RESERVES THE RIGHT TO CHANGE OR DISCONTINUE
ANY FEATURE OR ASPECT OF THE SITES FROM TIME TO TIME WITHOUT NOTICE AND DOES NOT
AND CANNOT ASSUME ANY LIABILITY FOR ANY OF THE CONTENT ON THE SITES. MEMBERS, LEAD MEMBERS, CORPORATE MEMBERS AND USERS MAY RELY
ON ANY INFORMATION PRESENTED ON THE SITES AT THEIR USER’S OWN RISK.
xiii. CHOWGULE DOES NOT AND CANNOT ACCEPT ANY LIABILITY
FOR THE AUTHORIZED OR UNAUTHORIZED USE, MISUSE, AND/OR DISCLOSURE OF INFORMATION
THAT IS STORED AND/OR MAINTAINED IN A USER’S ACCOUNT, INCLUDING THE INFORMATION
CONTAINED WITHIN THE USER ACCOUNT .
4. ACCESS TO AND USE OF THE SITE BY USERS
a. Each Corporate Member, Lead Member and Member
is responsible for ensuring that the Users authorized by it to use the Site are
made aware of this Agreement and comply with its terms and conditions.
b. Users may access and use the Sites, subject to its terms and conditions, provided
they, or someone on their behalf, [for example, a Corporate Member] has paid the
annual fees and any other fees or deposits.
c. The annual fees, other fees, deposits and procedure for seeking membership as
a Member, Lead Member or Corporate Member are is set out in the tariff form on www.chowgulemediconsult.com and/or www.meddocket.com..
The fees, deposits and procedure could change from time to time and the latest versions
shall be applicable to you.
d. Fees must be paid on time,to maintain membership. Failure to do so will terminate
all rights under this Agreement without any notice.
e. Corporate Members are responsible for ensuring that their authorized employees
alone use the Site
f. No refunds are possible under any circumstances.
g. Despite payment of fees, Chowgule may terminate or suspend use for breach or
threatened breach of these terms and conditions or for maintaining or upgrading
the Site.
h. Where a User uses more than 50MB of storage for a single account. Chowgule may
charge additional fees which could change from time to time and the then current
rate of additional fees stipulated shall be applicable to you.
i. Chowgule reserves the right to change or increase the fees payable at any time,
with 30 days notice to a Member, Lead Member or
Corporate Member or by posting such revised or increased fees on the Sites.
j. Each User may submit, enter, upload, maintain, and store the User’s health and
medical information, including X Rays, images, medical records and related information
[“User Information”] in accordance with the User Manual on the Site. Chowgule will
electronically store and maintain User Information on computer servers at its facilities
or those of service providers to Chowgule.
k. Based on family and employee details accepted by it, Chowgule will offer each
User, accepted by it, an electronic storage facility on the Site, designed and maintained
by Chowgule, at its sole discretion, and in accordance with these terms and conditions
and any other reasonable information security and safety provisions that Chowgule
may, in its sole discretion, stipulate, from time to time.
l. A User may, using the User’s Password and Username, access, view, add, revise,
and/or delete User Information pertaining to that User alone.
m. A User may authorize an individual as Emergency Contact or as Healthcare Power
of Attorney holder to access and view information stored in the User’s Account .in
case of an emergency, subject to verification by Chowgule administrator. Chowgule
has the right, but not an obligation, to seek such verification as Chowgule may
determine, when such access is sought.
n. Each User shall comply strictly at all times, with such technology and security
rules as Chowgule may stipulate from time to time for exchange of information or
access to information. However, Chowgule cannot and does not guarantee that: (a)
the information, during its transmission to a User’s Account, will be protected
against loss, misuse or alteration by third parties; or (b) access to User’s Accounts
will be uninterrupted; or (c) That our encryption cannot be breached.
o. Each Member, and Corporate Member and Lead Member
is solely responsible to ensure that the individual User password and User identification
materials [“User Password” and “User IDname” respectively ] be issued only to qualified
persons as set out in this Agreement, to authorize, monitor and control their use
and to prevent their misuse. Each Member, and Corporate Member and
Lead Member shall promptly inform Chowgule about any need to deactivate
or suspend or change any User Password or User IDname to prevent or stop misuse.
All consequences of any misuse shall be borne by the concerned Member, or Corporate
Member or Lead Member alone.
p. Each User, Member, and Corporate Member and Lead Member
agrees that
i. Chowgule cannot and shall not bear any responsibility
or liability for use or misuse of any User Information by any party whatsoever.
ii. Chowgule shall have the right, along with its employees,
directors, vendors, consultants, suppliers and contractors, to access, enter, transmit,
store, copy, display, receive, monitor, retrieve, store, maintain, and use User
Information to provide the Products and related services and to operate the Site,
including but not limited to converting documents representing User Information
into other format or other formats or media or otherwise, in any manner.
iii. Chowgule may retain any images submitted or uploaded
by User and Chowgule is not obliged to return these.
iv. Chowgule shall not be responsible in any manner
and under any circumstances, for any change in quality or depiction of images or
reports submitted or uploaded by User, arising from its operations or actions [such
as, but not limited to, digitalization] under this Agreement.
q. The User is solely responsible for the accuracy and completeness of the information
that the User submits or enters into User’s Accounts. Each User is responsible for
reviewing information in the User’s Account as well as any documents produced from
the Sites and notifying us or a third party designated by us, of any errors.
r.Chowgule will use the User Information only for providing the Products, providing
access to Products, providing various services including emergency services, for
management and administration of the Sites, for fulfilling legal responsibilities
of Chowgule and related matters.
5. RESPONSIBILITIES OF MEMBERS, CORPORATE MEMBERS, LEAD
MEMBERS AND USERS
A. Members, Users, and Corporate Members and Lead Members shall be responsible for
the following:
i. All equipment and software required at the User
end for access to and use of the Sites and Products;
ii. Maintaining the security of Users names, Passwords,
and other confidential information relating to the User’s Account;
iii. All charges resulting from the access and use
of the User’s Account, including unauthorized access and use;
iv. Notifying Chowgule as soon as reasonably practicable
of any real or suspected unauthorized use of the User’s Account;
v. Complying with Use Instructions; and
vi.Complying with the Site’s Privacy Policy.
B. Each Corporate Member, Member, Lead Member and
User shall refrain strictly from:
i. transmitting or uploading or causing any transmission
or uploading of information that is libelous, defamatory; indecent, obscene or pornographic;
or that would infringe or violate any rights of others including intellectual property
rights, privacy rights or publicity rights or that would contain viruses, worms,
Trojan horses, corrupted data or other malicious code that manifests or potentially
could manifest contaminating or destructive properties;
ii. engaging in acts that threaten, harass, stalk,
abuse or otherwise violate the legal rights of, others;
iii. intercepting or attempting to intercept the transmission
of files or other private communications of others;
iv. sending communications to other Users for purposes
not permitted on the Sites or for advertising or making unsolicited offers or providing
unsolicited information, or that infringe the privacy, publicity or intellectual
property rights of others.
v. causing denial of access to or use of the Sites
by others or adversely affecting such use by others or disrupting the Sites or its
operations.
vi. violations of any applicable laws and regulations;
or acts or omissions that constitute non-compliance with such laws and regulations
C. Each Member and User hereby warrants that he or she has the full and unfettered
right to engage in the activities permitted on the Sites, is of at least 18 years
of age, and that he or she has the legal right to enter into this Agreement. Where
Chowgule permits, at the request of a Member, a minor as a User, being part of the
family of a Member, the Member or the parent / guardian of the minor alone shall
bear all responsibility for the acts and omissions of such minor.
6. TERM OF THE AGREEMENT AND RELATED CONDITIONS.
A. This Agreement commences on the date of admission by Chowgule of a Member, Corporate
Member, Lead Member or User to the rights mentioned
in section 3 above. Such right shall continue, subject to regular and prompt payment
of the relevant fees and deposits and continued compliance with this Agreement and
further subject to the other rights of Chowgule herein, from year to year.
B. Either party may terminate this Agreement by 30 days prior written [including
electronic or email] notice to the other, with or without cause.
C. An Employee User, or User as the case may be, shall cease to be a party to this
Agreement immediately upon ceasing to be an employee of the Corporate Member or
a member/ student/ patient/constituent of the Lead Member
through which he or she has become a User. But such person can continue as a User
by becoming a Member and paying the relevant fees and deposits and agreeing to abide
by this Agreement.
D. Chowgule may, notwithstanding anything to the contrary in this Agreement, immediately
terminate this Agreement or suspend a User’s access and/or other rights under this
Agreement if Chowgule determines, in its sole discretion, that a Member or a User
or Corporate Member or Lead Member has violated
a material provision of this Agreement or is aiding or abetting another in doing
so and shall confirm such termination or suspension by subsequent written notice.
E. Any termination shall not affect any rights that accrued prior to such termination
or any provisions herein that by its wording or its nature, is intended to remain
effective and to continue to operate in the event of termination of this Agreement,
and shall not prejudice or affect the rights of any party against another in respect
of any breach of the terms and conditions of this Agreement. In particular the following
provisions shall survive any termination of this Agreement: Sections 8 to 12 (IPR,
Indemnification, User’s Waiver, Release of Chowgule and Limitation of Liability,
and Miscellaneous)
F. No refund of any fees or deposits shall be made by Chowgule for any reason whatsoever.
But where Chowgule terminates without cause, Chowgule may, but is not obliged to,
refund such amount as Chowgule, in it sole discretion, determines is fair and reasonable
under the circumstances.
G. Upon termination Chowgule may retain such User Information as Chowgule may need
to comply with any law or regulation or may destroy some or all such User Information
in accordance with its prevailing data retention policy.
7. SITE OPERATIONS
A. Chowgule may, at its complete and sole discretion operate the Sites for the benefit
of all Users and to protect the interests of Chowgule. This may entail actions such
as deletion of all or some User Information, making available to third parties information
relating to the Sites or Chowgule, generally or at an aggregated level, and suspension
or discontinuation of any Product or Product features without prior notice.
B. Chowgule shall maintain technological systems, policies, and procedures to guard
against unauthorized access, including encryption and/or other technical security
mechanisms.
C. Chowgule may provide links to other sites but makes no representations and assumes
or accepts no responsibility for such sites or User’s access to or use of such linked
sites.
D. Chowgule cannot and will not review communications and materials submitted, posted
or uploaded to the Sites for accuracy or completeness, and is not responsible for
the content of such communications and materials.
E. Chowgule reserves the right to remove or block communications or materials that
Chowgule determines, in its sole discretion, to be in or to result in violation
or breach, or likely violation or breach of this Agreement or any law or regulation
in force.
8. Intellectual Property Rights:
A. All content on the Sites, including but not limited to, all graphs, graphics,
photographs, text, sounds, data, and audio and video clips, is the exclusive property
of Chowgule or its licensors, or its content suppliers, and is protected by Indian
and international copyright laws. The compilation, collection, selection, arrangement,
assembly and coordination of all content available on the Sites is the exclusive
property of Chowgule and protected by Indian and international copyright laws.
B. All User Information shall be deemed the exclusive property of the Member or
the User as the case may be, with a non-exclusive royalty free and worldwide license
for the duration of this Agreement and beyond, to Chowgule for all acts or matters
contemplated under this Agreement.
C. Chowgule shall be entitled to have non-exclusive possession of the User Information
during the term of this Agreement, and for a reasonable period thereafter for operational
and legal purposes including compliance purposes. Chowgule may thereafter return
or destroy all or part of the User Information as Chowgule may reasonably determine.
D. “Meddocket’,. “Chowgule”, My Medical Record”, “School Health Assessment & e-Records”
and “2nd Opinion” and the related Logos and Symbols are trademarks of Chowgule.
9. INDEMNIFICATION
Each User, Member, Lead Member and Corporate Member
hereby agrees to indemnify, defend, protect, release, and hold Chowgule, its directors,
officers, employees, contractors, consultants, vendors, agents, affiliates, and
their respective officers, directors, agents, and employees harmless from and against
any and all losses, expenses, damages to persons or property, injuries or deaths
of persons, liability, claims, liens, demands, and causes of action, including claims
of infringement of intellectual property rights, and including court fees, decreed
amounts, judgment debts, penalties, interest, , and legal fees and expenses including
reasonable attorney’s fees incurred by Chowgule its affiliates or their respective
officers, agents, and employees resulting from or connected with or relating to,
in whole or in part, the actual or alleged acts or omissions of such User, Member,
Lead Member or Corporate member and their employees,
contractors, and agents in connection with this Agreement or any activity related
to the Sites. Such obligation to indemnify shall apply regardless of whether the
claims arise in whole or in part from the actual or alleged sole, comparative, concurrent,
active, passive, contributory or gross negligence of Chowgule, its affiliates and
their respective officers, directors, agents, and employees.
10. USER’S WAIVER, RELEASE OF CHOWGULE AND LIMITATION OF LIABILITY
Each User, Member, Lead Member and Corporate Members
hereby agrees: a. that neither Chowgule nor its officers,
directors, employees, consultants, contractors and agents, nor its affiliates, vendors
and their respective officers, directors, employees, and agents shall have any liability
to any User, Member, Lead Member or Corporate Member
from any cause whatsoever, and regardless of any theory of liability or indemnity
in connection with, arising out of, or in any way incidental to this Agreement,
the Products, or any activity related to the Site or their use of the Site.
b. To release and forever waive any and all claims
such User, Member, Lead Member or Corporate Member
may have against Chowgule, its officers, directors, consultants, contractors, employees,
and agents and its affiliates, and vendors and their respective officers, directors,
employees, and agents for losses or damages such User, Member,
Lead Member or Corporate Member may sustain in connection with thise
Sites or from its use.
c. That, further, without limiting the aforesaid in
any manner, the aggregate liability of Chowgule together with the aggregate liability,
if any, of its officers, directors, employees, consultants, contractors and agents,
its affiliates, vendors and their respective officers, directors, employees, and
agents shall not exceed Indian Rupees Ten Thousand only, regardless of the cause
of action, and regardless of whether the claim is made under this Agreement or in
tort or from any other cause whatsoever.
Chowgule, its officers, directors, employees, consultants,
contractors and agents, its affiliates, vendors and their respective officers, directors,
employees, and agents shall not be liable for indirect, special, incidental, consequential
or punitive damages from any cause whatsoever,, including but not limited to, lost
profits or damages resulting from lost data or business interruption arising from
any use of or inability to use the Sites or any part thereof. even if Chowgule,
its officers, directors, employees, consultants, contractors and agents, its affiliates,
vendors and their respective officers, directors, employees, and agents have been
advised of the possibility of such damages.
11 .ARBITRATION AND THIRD PARTY RIGHTS
a. Any dispute or difference whatsoever arising between the parties out of or relating
to this Agreement or the Site or the construction, meaning, scope, implementation,
operation or effect of this Agreement or the validity or the breach thereof shall
be referred to arbitration in accordance with the Rules of Arbitration of the Indian
Merchants’ Chamber and the Award made in pursuance thereof shall be final and binding
on the parties. Such arbitration shall be by a single arbitrator to be appointed
by the Indian Merchants’ Chamber at Mumbai , in accordance with their rules of arbitration.
Such arbitration shall be held at Mumbai alone and shall be conducted in accordance
with the aforesaid rules and Indian laws. The award of such single arbitrator shall
be binding on all parties.
b. The provisions of clause 8 on Indemnification and 9 on User’s waiver, release
of Chowgule and limitation of liability are for the benefit of Chowgule and its
officers, directors, employees, consultants, contractors and agents, its affiliates,
vendors and their respective officers, directors, employees, and agents. Each of
these individuals or entities shall have the right to assert and enforce those provisions
directly against the User, Member, Lead Member or
Corporate Member on its own behalf.
12. MISCELLANEOUS
a. Chowgule may not insist upon or enforce strict performance of any provision of
this Agreement or exercise any rights herein but such act or omission shall not
be construed as a waiver of any provision or relinquishment to any extent of Chowgule’s
right to assert or rely upon such provisions or rights on any future occasion. The
course of conduct between the parties or trade practice shall also not act to modify
any provision of this Agreement.
b. Chowgule may assign its rights and obligations under this Agreement to any party
at any time without notice. User, Member,Lead Member,
Corporate Member may not do so except with the prior written consent of Chowgule.
c. Any notice which may be or is required to be given under this Agreement shall
be in writing and shall be sent by registered post or fax, courier, or as an electronic
record or an e-mail or sent to the User’s message box, on the Site, if any, or to
a email address of the User. All notices shall be effective upon receipt by the
party as below
i. To User, Corporate Member,
Lead Member or Member: If by means of electronic mail, to the most recent
e-mail address provided by the User, Member or Lead Member or Corporate Member.
If by means of post, fax, or courier, to the User, Member, Lead Member or Corporate
Member’s address on file in Chowgule’s office or systems
ii. To Chowgule: if by electronic mail at bthakker@cmplin.com
.If by means of post, fax, or courier, at 404A, Sukh Sagar,
N S Patkar Marg, Chowpatty, Mumbai 400 007, India.
d.In the event any provision of this Agreement is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the validity or
enforceability of the remaining provisions hereof, but such invalid or unenforceable
provision shall be deemed modified to the extent necessary to render it valid or
enforceable, preserving to the fullest extent permissible the intent of the parties
set forth herein.
e. Chowgule reserves the right to amend this Agreement from time to time and may
do so by either posting the amendment or this Agreement as amended on the Site.
Your continued access to or use of the Site or the Products shall be deemed to be
your conclusive acceptance of any and all amendments and the current Agreement as
amended by Chowgule.
f.Neither Chowgule nor Member nor Corporate Member nor Lead
Member nor User will be liable for any performance failure or delay for
any cause beyond that party’s reasonable control.
g. This Agreement, as amended from time to time, constitutes the entire agreement
and understanding between the parties with respect to the Site, the Products and
related services specified and agreed upon in this Agreement and supersedes all
prior agreements and understandings between the parties with respect to such Site,
Products and services
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