TERMS AND CONDITIONS OF USE AGREEMENT

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