Welcome to Spectrum Healthcare mobile application/website (the "Application"). The Application is operated by First Health Care Private Limited (“Spectrum Healthcare”) having its registered office at 401, 4th Floor, Kshamalaya, 37, New Marine Lines, Mumbai - 400 020.
The terms ‘You’ or ‘Your’ refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms ‘Spectrum Healthcare’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to First Health Care Private Limited. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” shall apply to such third party as well.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
Spectrum Healthcare is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files and images contained in or generated by the software, and accompanying data, together). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant/pathologist/radiologist/cardiologist information, appointments, results/reports of laboratory investigations, results / reports / images / films / graphs of Radiology & Cardiology Investigations and various other diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.
“Registered Users” are users who have been successfully registered on the Spectrum Healthcare Application by providing information to Spectrum Healthcare that is true and accurate, and who can log on to their account on the Application by providing the username and password provided.
“Non-Registered Users” are users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
ACCESS AND USAGE RIGHTS OF USERS
Unregistered User: An Unregistered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. An Unregistered User is specifically permitted to:
To browse the Application without accessing any Services;
To share the Application via social media applications;
To browse for various health check-up packages & diagnostic services offered;
To take appointment for diagnostic tests/health check-ups;
To browse for contact & address details;
To browse for various discounted offers of health check-up & diagnostic tests published;
Registered User: A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to:
Enjoy all the access and usage rights of an Unregistered User.
Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
To browse/view current & previous reports/test results/images/films/graphs uploaded/stored of the various diagnostic investigations & consultations undergone by the Registered User at Spectrum Healthcare.
To upload reports of various diagnostic tests / consultations not carried out at Spectrum Healthcare.
The data and information available on the Application may be categorised as follows:
Data and information provided by Users to Spectrum Healthcare (“User Content”);
Data or information which Spectrum Healthcare (through itself or its contractors) has generated for the Services, but does not include clinical data and information attributable to Users (“Spectrum Healthcare Content”);
As required by law, You must be at least 18 years of age and have a sound mind to access and use the Application and Services. Where You are less than 18 years of age, then Your legal guardian/representative shall be responsible and accountable for Your activity on the Application, as if the Application and Services were being accessed and used by the legal guardian/representative. However, this shall not discharge liability towards Spectrum Healthcare or its contractors or agents, and Spectrum Healthcare shall have the right to proceed against You and Your legal guardian/representative, either jointly or severally, for Your acts and omissions that violate the Agreement.
You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws.
You will not use this Application or any feature provided by the Application for any purposes not intended under this Agreement.
You will not deliberately use the Application in any way that is unlawful or harms Spectrum Healthcare, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
As a User, You may have access to business sensitive information. You shall not share such information with Spectrum Healthcare’s direct competitors or use it for competitive purposes, except with Spectrum Healthcare’s prior written consent.
You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive SMS or email communication or both from Spectrum Healthcare on Your registered contact information. These communications will relate to Your registration, Services provided by Spectrum Healthcare, transactions that You carry out through the Application and any such information found suitable of Your attention by Spectrum Healthcare. Please note that Spectrum Healthcare will send these communications only to the mobile number that You provide at the time of registration. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Spectrum Healthcare may also send notifications and reminders to You for the features that You may be using on the Application. You hereby consent to receive such communications from Spectrum Healthcare.
You will not share your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify Spectrum Healthcare of any actual or suspected unauthorized use of the Your account or password. Although Spectrum Healthcare will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for the losses of Spectrum Healthcare or others due to such unauthorized use.
The Application may be used to access a variety of services provided by Spectrum Healthcare. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by Spectrum Healthcare, You may avail of the following services through the Application:
Storage and display of Your lab reports and investigations, radiology & cardiology test reports / results / Images / graphs / films etc and various other diagnostic test reports / results / images / graphs / films etc, medical records, information and history;
Web/Cloud based Electronic Medical Reports (EMR);
Such other services as may be intimated from time to time.
The aforesaid services are referred to as “Services”
The Services are non-transferable and only cover the Registered User.
The minimum age requirement of 18 years does not apply to any Service that enrolls children and adolescents from age of 1-18.
SPECTRUM HEALTHCARE RIGHTS TO THE APPLICATION AND SPECTRUM HEALTHCARE CONTENT
Spectrum Healthcare respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the Spectrum Healthcare Content are protected by applicable intellectual property laws.
Spectrum Healthcare Rights to the Application and Spectrum Healthcare Content:
All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to Spectrum Healthcare or its licensors. As a User, You are granted a limited license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by Spectrum Healthcare to You in respect of such works.
Spectrum Healthcare and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Application. Notwithstanding the generality of the foregoing, the name and logo of “Spectrum Healthcare”, “Spectrum Dentalcare” [is/are] the trademarks and copyright (inclusive of any other applicable intellectual property right) of Spectrum Healthcare and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Spectrum Healthcare and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all Spectrum Healthcare Content (including all intellectual property rights to such content) is owned exclusively by Spectrum Healthcare and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by Spectrum Healthcare to use Spectrum Healthcare Content for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by Spectrum Healthcare, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Spectrum Healthcare Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content:
You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You provide to Spectrum Healthcare.
To the extent permissible by law, You hereby grant Spectrum Healthcare a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
PATIENT CONSENT & PRIVACY
You have the option of providing Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by Spectrum Healthcare using the Application, during the course of providing Services to You.
We may collect various personal information from You when You use the Application and for the features provided by the Application.
Spectrum Healthcare is required by law to maintain the privacy of your medical information. We assure to take your privacy seriously and to maintain privacy and confidentiality of the information provided by you to us. We however do not represent, warrant or guarantee that our safeguards to prevent unauthorized access to Your personal information is fool-proof.
You agree that where you have specifically provided your consent, data or information including lab/diagnostic reports generated as part of the Services may not be released to You, but directly to third parties such as Your potential employer or insurance provider. In such situations, you further agree to waive your rights in the data or information generated as part of the Services and also agree to indemnify and hold harmless Spectrum Healthcare its directors, employees, affiliates, distributors, partners and/or service providers from and against any and all losses, damages, liabilities and costs arising from the use of such data or information by third parties.
SPECTRUM HEALTHCARE RESPONSIBILITIES
Spectrum Healthcare will make available qualified professionals to render Services after carrying out appropriate background and reference checks.
It is hereby clarified Spectrum Healthcare’ obligation to carry out appropriate background and reference checks and to validate qualification of professionals does not go beyond ensuring that the professionals were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time of engagement.
Subject to applicable law, Spectrum Healthcare will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for
planned downtime that will be communicated in advance to Registered Users;
any unavailability caused by circumstances beyond Spectrum Healthcare’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays.
When such Service is rendered under a time-schedule, in which case, the obligation of Spectrum Healthcare under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (i) and (ii) above;
When the Registered User is outside the operational coverage of Services.
Spectrum Healthcare has no responsibility towards Unregistered User for providing Services.
For the avoidance of doubt, it is hereby clarified that Spectrum Healthcare’s responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If Spectrum Healthcare suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights Spectrum Healthcare may have against such User, Spectrum Healthcare reserves the right to inform the relevant government or law enforcement authorities. Spectrum Healthcare will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Spectrum Healthcare reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Spectrum Healthcare reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime due to unforeseen circumstances, etc.
Spectrum Healthcare reserves the right to schedule/reschedule/cancel appointments at any time without prior intimation.
Spectrum Healthcare reserves the right to refuse Service at any time without providing any reasons.
Spectrum Healthcare will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be provided by You in the course of services provided by Spectrum Healthcare. The information collected as part of the Services may be stored on your mobile device as well as on third party cloud platforms or a third-party server (“Storage Service Provider”).
It is hereby clarified that Spectrum Healthcare does not have the obligation to pre-screen or monitor User Content at any time. However, Spectrum Healthcare may elect to monitor any User Content and may remove any User Content from the Application if Spectrum Healthcare determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Spectrum Healthcare removes any User Content from the Application, Spectrum Healthcare will make reasonable efforts to inform the Registered User who had provided such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by Spectrum Healthcare or the Storage Service Provider, as the case may be. Spectrum Healthcare shall take best efforts to ensure that the Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. Spectrum Healthcare will however not be responsible for any cyber data theft from its Application or the Storage Service Provider’s databases.
Spectrum Healthcare reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Your use of this Application shall be subjected to the following terms and conditions:
You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
You will provide full and accurate information about Your health, medical history and personal care needs;
You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
You will not decipher, decompile, reverse engineer, or disassemble the Spectrum Healthcare content;
You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content;
You will not frame or hotlink or deeplink any Spectrum Healthcare Content;
You will not use the Application and / or Services in any way that is unlawful, or harms Spectrum Healthcare or any other person or entity, as determined in the Spectrum Healthcare’s sole discretion.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet;
You will not host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and over which You do not have sufficient legal rights;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary right(s), violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Without prejudice to the rights that Spectrum Healthcare may have under other provisions of the Agreement, where Spectrum Healthcare has reasons to believe that a User has violated a term or condition of the Agreement, then Spectrum Healthcare shall, in its sole discretion:
Suspend provision of Services; and/or
Suspend the account of the User until there is enough information available with Spectrum Healthcare to determine whether the User had violated a term or condition of this Agreement; and/or
Suspend or terminate the account of the User where Spectrum Healthcare has determined that the User had violated a term or condition of this Agreement; and/or
Approach User to make good that loss or damage caused to Spectrum Healthcare as a pre-condition to revoke the suspension; and/or
Take any such action against the User as it permissible under law; and/or
Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.
REPRESENTATIONS AND WARRANTIES
By Using This Application, You or Your legal guardian/representative hereby represent and warrant that:
You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is prohibited.
Spectrum Healthcare represents and warrants that:
it is a company duly organized under the Companies Act, 1956and has the power and authority to provide the Services and the Application;
it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
by entering into this Agreement, Spectrum Healthcare does not violate any of the previous arrangements entered into with other entities to which it is a party;
Spectrum Healthcare hereby disclaims any responsibility towards Users in terms of development, maintenance and updation of the Application.
Any modification, development, maintenance or updation of Application and any modification, transfer, license or assignment of the rights in the Application shall be done by Spectrum Healthcare as per its sole judgment and in its sole discretion.
The Application and Services (including the lab/diagnostic reports) provided by Spectrum Healthcare is provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, Spectrum Healthcare disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the Spectrum Healthcare Content, representations and warranties made by Spectrum Healthcare or any opinion or suggestion given or expressed by Spectrum Healthcare or its contractors and agents.
Spectrum Healthcare assumes no responsibility, and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
Spectrum Healthcare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither Spectrum Healthcare nor its contractors and agents shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of Spectrum Healthcare or its contractors and agents is proven.
Information regarding Services
Information regarding Spectrum Healthcare Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to the Services.
SPECTRUM HEALTHCARE DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (I) ANY SERVICE, INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (II) ACCESS TO OR ALTERATION OF USER CONTENT OR SPECTRUM HEALTHCARE CONTENT (III) TRANSMISSIONS OR DATA AND (IV) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.
SPECTRUM HEALTHCARE MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
SPECTRUM HEALTHCARE ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR SPECTRUM HEALTHCARE TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT. SPECTRUM HEALTHCARE IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
SPECTRUM HEALTHCARE DOES NOT PROVIDE ANY GUARANTEE AND SPECTRUM HEALTHCARE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
SPECTRUM HEALTHCARE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF SPECTRUM HEALTHCARE DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Spectrum Healthcare or its contractors or agents or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not Spectrum Healthcare has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 1000 or the amount of payment against Services that has been directly received by Spectrum Healthcare from the User in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold Spectrum Healthcare, Spectrum Healthcare's contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients), and each of the foregoing entities' respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
USER ACCOUNT SUSPENSION
In the event where a User has breached the Agreement in Spectrum Healthcare’s sole judgment or when Spectrum Healthcare is unable to verify or authenticate any information provide by the User to Spectrum Healthcare or when the User fails to provide the consents necessary or desirable for Spectrum Healthcare to provide the Services (or after providing such consent, later revokes), Spectrum Healthcare reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking User’s IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and Spectrum Healthcare may permanently remove or delete Your information that is available with Spectrum Healthcare, including but not limited to login and account information.
Spectrum Healthcare shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by Spectrum Healthcare in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
This Agreement will remain in full force and effect while You use the Application in any manner or capacity.
You can terminate his/her/its relationship with Spectrum Healthcare at any time by providing 90 (ninety) days’ prior written notice to [
]. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. Spectrum Healthcare may require User to continue until the completion of an on-going Service should the situation warrant.
Spectrum Healthcare may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice Spectrum Healthcare’ right to refuse Service to You without providing any reason.
Spectrum Healthcare may terminate the Agreement without notice and with immediate effect where, in the sole opinion of Spectrum Healthcare:
Any material particular relating to personal and medical information furnished by a User appears to be untrue; or
Financial dues have not been paid by a User within requested time-frame; or
User fails to co-operate with Spectrum Healthcare; or
Spectrum Healthcare resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with Laws of India.
The Parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by 1 (one) arbitrator mutually appointed by the Bombay High Court or such other appropriate authority under the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Mumbai, Maharashtra. Subject to the aforesaid, the competent courts of Mumbai, Maharashtra shall have jurisdiction to grant urgent interim reliefs to the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Spectrum Healthcare: [First Health Care Pvt. Ltd., 401, Kshamalaya, 37 New Marine Lines, Mumbai - 400020]
If to You: at the email address & contact address provided by You to us when You registered as a User.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: Spectrum Healthcare shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Spectrum Healthcare’s reasonable control, including without limitation, cyber-attack, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: Spectrum Healthcare shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of Spectrum Healthcare, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Spectrum Healthcare reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by Spectrum Healthcare.
When Spectrum Healthcare updates the Agreement, We will send an email to You on your registered email id which will intimate You of the changes. If You do not agree to the changes, please do not access or use the Application and the Services any further.