IMPORTANT
Your access to the services provided by Janhvi Hospital Suggest Private Limated
under these terms and conditions (“Services”) will be governed by the Agreement
(defined below) which sets out, among other things, important provisions that relate
to Your use of the Services and what You may or may not do in the course of accessing
and/or using the Services. Please therefore carefully go through the Agreement before
You click “I accept”. By clicking "I accept" below or otherwise indicating Your
acceptance of the Agreement You will enter into legally binding obligations with
Janhvi Hospital Suggest Private Limated (“Hospital Suggest ”) for the Services.
Where You click ‘I accept’ on behalf of another party, for example, an organization
(such as Your employer) or other person, You will be binding such party to this
Agreement. Please ensure You have the authority to represent (and make payments
(or arrange for payments to be made) on behalf of) such party before You click ‘I
accept’. IF YOU DO NOT ACCEPT THE AGREEMENT WHETHER ON YOUR OWN BEHALF OR ON BEHALF
OF A PARTY YOU REPRESENT (AS RELEVANT), PLEASE CLICK ON THE BUTTON “I DECLINE”.
1. AGREEMENT
• These terms and conditions (“T&C”) together with Your request for Services
and any other terms and conditions that Hospital Suggest makes applicable to Your
access to and/or use of the Services are together referred to as the “Agreement".
2. DEFINED TERMS
• Certain terms have special meanings given to them unless the context requires
otherwise. Where such terms are defined, they are indicated by boldfaced, italicized
type font or by double inverted commas. When these terms are used elsewhere in the
Agreement, their first letter is capitalized. Grammatical variations of the defined
terms will have corollary meaning unless the context requires otherwise. “Authority”
means a government, statutory, regulatory, judicial or other authority. “Brands”
means all brands, trade names, trademarks, brand features, trade dress, or other
identifiers. “Law” means all applicable laws, regulations, professional standards,
professional ethics/codes, or any orders of any authority having a force of law.
Law includes any successor, replacement or amendments to any of the foregoing. “Policies”
means the Hospital Suggest policies with regard to the Services and their use by
You, that Hospital Suggest may from time to time issue. These will be suitably communicated
to You. “Service Provider” means the provider of SP Services. “SP Services” means
the services provided by a Service Provider which You avail of by means of the Services.
“User” means: (a) where You are an organization, a person who is Your employee or
a contractor working under Your control and who is authorized by You to access and/or
use the Services with their roles being defined by You or on Your behalf; and (b)
where You are in individual either You or a person authorized by You to access and/or
use the Services with their roles being defined by You or on Your behalf. “You”
refers to the party subscribing to the Services.
3. SERVICES
• The Services provide You with a platform to connect with Service Providers.
The Service Provider continues to remain exclusively responsible for SP Services
and the obligations that the Service Provider may agree with You. Hospital Suggest
does not make any representations or warranties on behalf of any Service Provider.
You consent to receiving communications electronically. Your contract with the Service
Provider for SP Services is an independent contract as from this Agreement. You
are solely responsible for performing each such contract. Hospital Suggest is in
no way responsible to perform any of Your obligations under any such contract. You
acknowledge that Hospital Suggest does not accept responsibility for Service Provider’s
provision of the SP Services, or Service Provider’s actions, omissions or Your use
of the SP Services and shall have no liability for any of them. You expressly agree
that if there are issues or claims that You may have with regard to SP Services,
You may only make claims against the Service Provider and not against Hospital Suggest.
The prices for SP Services are provided by the Service Provider. It is likely that
the prices may have changed but are not updated on the Services. You acknowledge
that the prices charged by the Service Provider at the relevant time shall apply
to You regardless of the rates stated on the Services. The Services may provide
You with the opportunity of interacting with Service Providers comment on or provide
feedback or ratings on the SP Services or raise queries. You shall be responsible
to comply with all applicable law, and act responsibly and in good faith in each
of such interactions. Without limiting the generality of the foregoing, You shall
be truthful and honest in providing feedback or ratings and shall not post any libelous,
defamatory, misleading, inaccurate, wrongful or unfair comments, feedback, ratings,
or information about any SP Services. You acknowledge and permit Hospital Suggest
to moderate Your responses and/or Client’s responses as Hospital Suggest deems necessary.
Despite this, You continue to remain fully responsible for all information and content
published by You or on Your behalf on the Services. You shall not manipulate, attempt
to manipulate or otherwise cause the manipulation of any feedback or comments of
any Service Provider. You shall act reasonably and in a responsible manner in using
the SP Services. Where You have scheduled appointments or have requested for SP
Services, You shall take reasonable efforts to keep those appointments in a timely
manner and comply with the reasonable requirements of the Service Providers. Where
You become aware of Your not being able to keep any fixed appointment, You shall
notify the Service Provider as soon as reasonably practicable. You shall promptly
notify Hospital Suggest giving reasonable details if You become aware of any discrepancy
or material inaccuracy or problem with any SP Services or Service Provider. The
Services may provide You with the ability to provide information about You, Your
organization, content (including still or moving images and audio or audio-visual
content), Users and/or Clients including personal information of any of the foregoing
(“Your Information”). You shall be responsible for Your Information and for making
sure: (a) Your Information is accurate, timely, complete, not misleading updated
in a timely manner; (b) that You have the lawful right to: (i) post Your Information
on the Services; and (ii) provide Your Information to Hospital Suggest for the purpose
of the Services. Hospital Suggest may store, access, combine, aggregate, adapt,
create derivative versions of, distribute, permit the distribution of, and/or otherwise
us Your Information as necessary for providing the Services, for Hospital Suggest’s
business purposes, and in accordance with the permitted use under clause 10.You
acknowledge that Hospital Suggest is not obliged to remove any part of Your Information
even if You no longer subscribe to the Services. Where You are an organization,You
will: (a) not provide access to the Services to any person other than a User; (b)
be responsible to ensure that each User complies with the Agreement and be liable
for any breach of the Agreement by any User. During the period of Your subscription,
You MAY: (a) only use the Services for Your own personal use (and not for sub licensing,
subletting of or permitting access to any part of the Services to any third party
user); (b) only use as many accesses to the Services as You have subscribed for;
(c) use the Services only in accordance with Law, the terms of the Agreement and
the relevant Policies. Despite any Hospital Suggest obligations or rights stated
elsewhere in this Agreement, You MAY NOT (and shall not permit, cause or enable
anyone to): (a) share Your access with anyone whether within or outside of Your
organization other than the Users (or if You are an individual, share Your access
with any third party); (b) distribute or redistribute any part of the Services within
or outside Your organization or if You are an individual, to any third party; (c)
use any part of the Services otherwise than as expressly permitted - including,
without limitation, for providing access to the Services to anyone who is not part
of Your organization; (d) modify, tamper, change or obtain any unauthorized access
to any part of the Services; (e) probe, scan or test the vulnerability of the Services
or obtain or attempt to obtain any access to any part of the Services not generally
made available by Hospital Suggest to users; (f) interfere with the proper working
of the Services;. Without limiting Your responsibility to use the Services properly
and in accordance with Law, where Hospital Suggest acting reasonably deems necessary
Hospital Suggest may suspend, withdraw or terminate Your access to the Services
without incurring liability or having to refund any part of the Charges. Such action
may be for reasons including those such as: (a) Your breach or potential breach
of this Agreement; (b) Your use of the Services in Hospital Suggest’s reasonable
opinion having an adverse impact on any other subscriber; (c) for information security
reasons; or (d) other reasons that Hospital Suggest considers reasonable. You acknowledge
that it is possible that other users (including unauthorized users or "hackers")
may post or transmit any unauthorized materials on the Services and that You may
be involuntarily exposed to such materials. It also is possible for others to obtain
Your Information about You due to Your use of the Services, and that the recipient
may use such information to harass or injure You. Hospital Suggest does not approve
of such unauthorized uses, but by using the Services You acknowledge and agree that
Hospital Suggest is not responsible for the use of any Your Information. Please
carefully select the type of information that you publicly disclose or share with
others on the Services. You may not subscribe to or use the Services if you are
Hospital Suggest’s direct competitor, except with Hospital Suggest’s prior written
consent. In addition, you shall not access the Services for purposes of monitoring
their availability, performance or functionality, or for any other benchmarking
or competitive purposes. The Services may be subject to certain limitations, such
as, limits on disk storage space, on the number of calls You or other users are
permitted to make using the platform provided by Hospital Suggest, and, other limitations
dependent on any variant or package of Services that You have subscribed for – by
way of example, number of SMS, number of appointments, number of users or accounts,
validity of subscription. Any such limitations shall be specified in the subscription
You have entered into or may be indicated by way of a policy update of Hospital
Suggest .Charges are not subject to any refund, credit or reduction due to any changes
or limitations that Hospital Suggest has stipulated or may stipulate. For using
certain Services, Hospital Suggest may provide You with access to apps or other
software (each a “Software”).Hospital Suggest makes no warranties with respect to
such Software. You may use such Software only in relation to the Services and not
otherwise. As between You and Hospital Suggest, the Software belongs exclusively
to Hospital Suggest. Certain Services (including ancillary products or services)
may be subject to additional limitations, restrictions, terms and/or conditions
specific to such Services or Software (“Additional Terms”). In such cases, the applicable
Additional Terms will be made available to You and Your access to and use of the
relevant Services or Software will be contingent upon Your acceptance of and compliance
with such Additional Terms. Hospital Suggest 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 its Software or Website or both at its discretion. Hospital Suggest will take
reasonable efforts to notify the Users upon release of such newer versions. Hospital
Suggest reserves the right to automatically upgrade all users to the latest version
of its Services as and when it deems fit. You acknowledge and accept that the platform
provide by Hospital Suggest may include services or products provided by any third
party or may enable third parties to participate on the platform.
4. PERIOD OF SUBSCRIPTION, APPLICABILITY OF TERMS AND CONDITIONS
• Your initial subscription will be for the period you have specified in
Your online application for subscription to the Services, subject to early termination
in accordance with this Agreement (“Initial Period”). Upon the expiry of the Initial
Period, Your subscription shall automatically extend for further one months each
(each an “Extended Period”), unless You notify Hospital Suggest in writing by sending
an email to Hospital Suggest on the email ID set out on Hospital Suggest web site
for cancellation of subscription at least 1 month before the end date of the current
subscription. Where certain features of the Services are provided for an indefinite
time, they shall not be impacted by the term of Your subscription; however, Hospital
Suggest may at any time terminate or suspend those features.
5. TERMINATION
• If a party materially breaches any obligation under the Agreement, the
other party may terminate the Agreement unless the breaching party remedies the
breach within 15 days of being notified of the breach. In addition Hospital Suggest
may without incurring liability: (a) terminate this Agreement for no cause by a
prior written notice of 15 days and return any unutilized Services Fees that You
may have paid in advance; (b) on notice, suspend Your access to the Services if
in the reasonable opinion of Hospital Suggest You are in breach of the Agreement;
or (c) where required by a Third Party Provider or an Authority, terminate Your
access to such Information. Where Hospital Suggest has terminated under clauses
5.2(b) or 5.2(c), Hospital Suggest is not liable to refund any unutilized Charges
paid in advance by You. Termination will not affect a party’s accrued rights and
obligations. All clauses other than clauses 3.9, 3.11, 3.17, 4.1, 4.2, 5.1, 6.3,
11.1 and 12 shall, as relevant, survive termination.
6. CHARGES
• You will pay Hospital Suggest the applicable fees for the Services (“Services
Fees”) and any related charges including taxes and other statutory levies, charges
for any additional support that You request and we provide, as may apply (“Related
Charges”).The Services Fees and the Related Charges are together called “Charges”.
Charges are not refundable, except to the extent expressly stated in this Agreement.
However, Hospital Suggest may at its discretion choose not to apply Charges for
Your use of the Services. Any such non-application of Charges does not mean Hospital
Suggest cannot apply Charges at any other point of time. Where Hospital Suggest
has applied Charges for our use of the Services, the following additional terms
shall apply: Where Your subscription period for the Services extends, You shall
pay the Charges for the extended term no later than 1 week from the date of the
start of the Extended Period. Hospital Suggest is not obliged to continue providing
You with Services if You have not paid any part of the Charges on time, but if Hospital
Suggest does, You shall pay interest on overdue payments at the rate of 1.5% per
month (applied on a daily basis) or the highest lawful rate, whichever is lower.
In addition where Charges are overdue, Hospital Suggest may take such actions as
it considers necessary, which may include, restricting the features of Services,
suspending the Services, deactivating Your subscription or other. Notwithstanding
anything to the contrary contained herein, in case the payments are made by You
through credit card, invoice for subsequent subscription period/renewals shall be
generated 10 days prior to the expiry of the existing subscription period and an
email will be sent to the email ID of such User registered with Hospital Suggest
intimating such User about expiration of the current subscription period and that
the credit card of such User registered with Hospital Suggest will be charged automatically
against payment of subscription fee for subsequent subscription period, along with
a copy of the invoice for the subsequent subscription period/renewal. Subject to
the provisions of clause if You are not willing to continue or renew the subscription
of Services, You shall communicate it to Hospital Suggest within 5 days of receipt
of such intimation from Hospital Suggest .If You do not so indicate that You wish
to discontinue the subscription, Hospital Suggest shall be entitled to charge Your
credit card registered with Hospital Suggest on the day the current subscription
period expires. Any such charge will be at the then applicable rates. Hospital Suggest
shall send an intimation of receipt of Charges from You through an email promptly
upon receipt of Charges. Hospital Suggest reserves the right to modify the Service
Fees or their structure by providing 30 days’ prior notice, either by notice on
the Hospital Suggest web site or through email to the authorized User, which shall
be considered as valid and agreed communication. In order to process the payments,
Hospital Suggest might require details of Your bank account, credit card number
etc. Please check our policy on how Hospital Suggest uses the confidential information
provided by you, except that these details shall not belong to Hospital Suggest
or sold by Hospital Suggest or used for any purpose other than as necessary for
providing Services to You. If Hospital Suggest has taken such an action, You may
not attempt to gain access to Services using a different name or log-in credentials.
7. WARRANTIES, EXCLUSIONS AND DISCLAIMERS
• You warrant that: You shall at all times comply with Law in the access
and/or use of the Services (including where any content or information is posted
by You or on Your behalf using the Services).Without limitation, You acknowledge
Your responsibility to comply with information technology, telecommunications, defamation
and privacy laws as may apply. Hospital Suggest shall provide the Services with
reasonable care and skill. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, Hospital
Suggest PROVIDES THE SERVICES “AS IS” AND DOES NOT MAKE ANY WARRANTIES, CONDITIONS,GUARANTEES
OR REPRESENTATIONS,EXPRESS OR IMPLIED,WITH RESPECT TO THE SERVICES INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR THAT THE SERVICES WILL BE
PROVIDED WITHOUT INTERRUPTION. You acknowledge and accept that: The provision of
the Services depend on various communications services and infrastructure and services
that Hospital Suggest may from time to time obtain from third parties or suppliers
(“Dependencies”).The Dependencies include, without limitation, Internet and telecommunications
connectivity, the device(s) used by You or Clients, communications traffic, etc.
Hospital Suggest shall not be liable for Your (or a Client’s) inability to access
and/or Use Services for reasons attributable to any Dependency.
8. INTELLECTUAL PROPERTY RIGHTS
• The Services (including Hospital Suggest Brands) constitute valuable intellectual
property of Hospital Suggest or, if applicable, Third Party Providers. All As between
You and Hospital Suggest, Hospital Suggest reserves to itself all intellectual property
rights in the Services. Except as set forth in this Agreement, You may not use any
such intellectual property or any derivative of it without Hospital Suggest’s prior
written consent. You will not remove or conceal any proprietary notice incorporated
in the Services. Hospital Suggest may in its marketing material (other than those
published in newspapers, television or radio advertisements – in which case, use
will not be without your prior written consent) name you as a recipient of the Services
and for that purpose use your relevant Brands and Your Information. Any goodwill
generated by the permitted use by a party of the other party’s intellectual property
will inure exclusively to the party to whom the intellectual property belongs. From
time to time, as a condition of access or continued access to the Services, You
may be required to accept and comply with the terms (“Third Party Terms”) required
by Hospital Suggest’s third party suppliers (each a “Third Party Provider”).Some
Third Party Terms may be supplied to You within the Services or directly by the
Third Party Provider.
9. LIABILITY, EXCLUSIONS, THIRD PARTY RIGHTS
• SUBJECT TO THE REST OF THIS CLAUSE 9, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE
LIABILITY OF Hospital Suggest EXCEED THE LOWER OF INR10, 000 OR THE LATEST 6 MONTHS’
SERVICE FEES PAYABLE BY YOU UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR FORM
OF ACTION.YOU ACKNOWLEDGE THAT THIS LIMITATION IS REASONABLE CONSIDERING THE NATURE
AND THE TERMS AND CONDITIONS OF PROVIDING THE SERVICE. Hospital Suggest shall not
be liable for any damages, liability, cost, expense or loss (whether arising out
of negligence or otherwise) resulting from: (a) Your use of the Services or SP Services;
(b) Your decisions regarding the use of the Services or SP Services; (c) any actions
taken in reliance on the Services by You or Users; (c) any error, interruption or
delay in the Services; any aspect of the Services dependent on a Dependency (including
those of Third Party Providers); (d) Your failure to comply with Hospital Suggest
notices under this Agreement. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE
FOR ANY INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE
SUBJECT MATTER OF THE AGREEMENT,LOSS OF DATA,ECONOMIC LOSS,OR LOST PROFITS, REGARDLESS
OF WHETHER OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED. Neither party
will be liable for any loss or failure to perform its obligations under the Agreement
due to circumstances of force majeure. If such circumstances continue for more than
1 month, either party may cancel any affected Services immediately on notice. Upon
such cancellation, Hospital Suggest will refund to You any unutilized Services Fees
paid by You in advance, if any, after adjusting for any dues that You owe Hospital
Suggest. Such adjustment does not limit Hospital Suggest’s rights to recover from
You any balance that is over and above the amount adjusted.
10. CONFIDENTIALITY AND PRIVACY
• Confidentiality. Each party acknowledges that information of a confidential
nature relating to the business of the other party may be disclosed to it or otherwise
come to its attention. For as long as such information retains commercial value,
the relevant party undertakes to hold it in confidence and not, without the consent
of the other, disclose it to any third party nor to use it for any purpose other
than in the performance of the Agreement. This obligation of confidentiality will
not apply to information that is generally available to the public through no act
or omission of the receiving party, or becomes known to the receiving party through
a third party with no obligation of confidentiality, or is required to be disclosed
by law, court order or request by any government or regulatory authority. Notwithstanding
anything to the contrary stated in this clause 10, You consent to Hospital Suggest
using Your information in an aggregated or masked form for its business purposes.
Privacy by accepting this Agreement, You expressly accept and consent to the following
and understand that these shall operate in favour of Hospital Suggest, its Third
Party Providers and any other party to whom Hospital Suggest may provide access
to PD as permitted by this Agreement: Your Personal Data. You accept and give consent
for Hospital Suggest to collect, process and store personal data and sensitive personal
data (“PD”) provided by You (whether about You or anyone else) as outlined in the
privacy statement which can be found at the hospitalSuggest /privacy-policies. You
confirm that You have the lawful right and consent to share PD with Hospital Suggest
and for Hospital Suggest to use such PD in the same way as it could Your Information.
Hospital Suggest may transfer PD outside of India, subject to Hospital Suggest putting
in place reasonable technological measures to safeguard PD from unauthorized access
and use of the PD and by subscribing to the Services You expressly accept this.
Hospital Suggest may share, sell, transfer, license or convey any part of PD with
or to any third party or a successor business or business entity that Hospital Suggest
will use reasonable endeavors to bind to privacy terms analogous to the one set
out on Hospital Suggest’s web site. Regardless, where PD passes on to any third
party, that third party shall remain responsible for use of the PD and Hospital
Suggest shall have no control over them. Please do not provide PD if You do not
accept any of the foregoing. Monitoring Systems. You expressly consent to our installation
of any software (including any cookies or agents) and/or systems to: (a) monitor
Your use of the Services and to ascertain whether or not Your use is in compliance
with the Agreement (this will be considered a security feature referred to in clause
11.2 below); (b) retain and process data regarding Your use of the Services for
the purposes of support, capacity planning, customization, obtaining feedback, to
detect and prevent breaches of our network security, the law or our contract terms,
and for other activities related to the administration, management and improvement
of our services.
11. INFRASTRUCTURE AND CHANGES
• In order to take into account technological changes, Hospital Suggest may
by at least 30 days’ prior written notice require You to (at Your own cost): (a)
use the specified equipment, device or infrastructure; or (b) upgrade, reconfigure,
change or replace any equipment, device or infrastructure necessary for continuing
to receive the Services.You shall comply with any such notice.You acknowledge and
accept that any such changes may have an impact on the equipment, device,or infrastructure.
Security features (including, without limitation, access controls, passwords, log-in
IDs, security tokens) may not be shared. You are responsible to maintain confidentiality
of all security features pertaining to the use of the Services (including, without
limitation, passwords, log-in IDs, security tokens, etc.) and shall be solely responsible
for all activity using such security features. Where a security feature comprises
or includes any access control software or systems, You will not uninstall, modify
or otherwise tamper with any part of them. If You learn or suspect that any security
feature was revealed to or obtained by any unauthorized person, You must promptly
notify Hospital Suggest.
12. SUPPORT
• Where You encounter a problem in accessing or using the Services where
the problem relates to the Services over which Hospital Suggest has control, Hospital
Suggest will use good faith efforts to provide reasonable support to You (“Support”)
to help to resolve the problem as soon as reasonably practicable. Considering the
nature of the Services and the Dependencies, You accept that Hospital Suggest has
not committed to You any response or resolution times. Hospital Suggest reserves
the right to restrict or limit Your usage of the Support where Hospital Suggest,
acting reasonably, determines that Your use of Support is disproportionately high.
Currently, Support may be requested by sending an email to [email protected]
this may be revised by Hospital Suggest.
13. INDEMNITY
• You indemnify Hospital Suggest, its affiliates and third party suppliers
and their employees, contractors, representatives and agents for any costs, claims,
losses, damages or expenses suffered or incurred by any of them by reason of Hospital
Suggest providing Services, access and/or use of the Services by You or anyone through
You.
14. DISPUTE RESOLUTION
• Disputes between You and Hospital Suggest Any disputes with regard to the
Services shall be conclusively settled through binding arbitration. Such arbitration
shall be conducted in accordance with arbitration Law, i.e. currently Arbitration
and Conciliation Act, 1996, subject to the rest of this clause 14.1(a).The seat
of arbitration shall be Mumbai and the venue of arbitration shall be Mumbai or any
other place as Hospital Suggest may specify. The arbitration shall be conducted
by a sole arbitrator appointed by Hospital Suggest .The arbitration shall be conducted
in the English language. The arbitrator shall give a reasoned award. The costs of
arbitration shall be borne in equal proportion by You and Hospital Suggest .You
shall cooperate in the expeditious conduct of the arbitration proceedings, where
arbitration is invoked. Before a party invokes arbitration, the parties shall attempt
to resolve the disputes through mutual discussion and arbitration may be invoked
only if the disputes remain unresolved 15 days from the date either party has notified
the other in writing of the existence of a dispute. Nothing in these clause 14.1
limits Hospital Suggest’s right to seek injunctive, interlocutory or other equitable
relief. Disputes between You and Service Provider Where Hospital Suggest publishes
any dispute resolution policy for users of the Services (whether Service Provider
or You), then that shall apply to You and Your Service Providers for any disputes
referred by either You or Service Provider to Hospital Suggest .In such a case,
You shall cooperate in the expeditious resolution of the dispute in question and
shall provide all necessary information and evidence requested for by Hospital Suggest.
Disputes shall in such a case be attempted to be resolved through such dispute resolution
policy which You agree to be bound by. Any decision of Hospital Suggest under its
dispute resolution policy shall be final and binding on the parties and You accept
that. Nothing in this clause 14.2 limits any party’s right to seek legal remedies
under Law.
15. CHANGES
• You acknowledge that to take into account commercial, regulatory or other
changes, the Services and Hospital Suggest policies may evolve and develop from
time to time. Due to this, Hospital Suggest may from time to time modify, revise
or replace any Services or any terms and conditions applying to the Services but
without materially changing the fundamental nature of the Services. Hospital Suggest
will notify You of any such changes electronically or otherwise. You agree to be
bound by any such changes.
16. GENERAL
• Except for operational matters and as otherwise provided in these T&C,
all notices under the Agreement must be in writing and may be sent by email or by
registered mail, courier, fax or delivered in person – in Your case, to the latest
contact address provided by You (or at any of Your office(s)) and in the case of
Hospital Suggest to the then current registered office of Hospital Suggest. You
may transfer any right or obligation under the Agreement without the prior written
consent of Hospital Suggest .Hospital Suggest may, upon written notice to You, assign
or novate any part (or whole) of the Agreement to members of the Hospital Suggest
Group or in connection with its reorganization, the sale of a division, product
or service of Hospital Suggest or any other business transaction of a similar nature,
in each case without Your prior consent. This Agreement is governed by the laws
of India. If any part of the Agreement that is not fundamental is found to be illegal
or unenforceable, this will not affect the validity and enforceability of the remainder
of the Agreement. If either party delays or fails to exercise any right or remedy
under the Agreement, that party will not have waived that right or remedy or any
other right or remedy on any other occasion. Hospital Suggest may, by itself and/or
through its agents and/or representatives, during normal business hours, audit You
to verify Your compliance with the Agreement provided Hospital Suggest gives You
at least 5 business days’ advance notice. You will pay the costs of such audit and
any applicable Charges if the audit reveals that You have not been in compliance
with the Agreement. During the verification, Hospital Suggest and its agents will
comply with Your reasonable requirements relating to security, health and safety
and confidentiality. The Agreement contains the parties’ entire understanding regarding
its subject matter and supersedes all agreements, proposals and other representations,
statements, negotiations and undertakings in each case, verbal or written, relating
to such subject matter. The Agreement may not be varied except by a written amendment
accepted by the relevant party, unless otherwise expressly provided for in the Agreement.