PREAMBLE OF TERMS
Disha Eye Hospital Pvt. Ltd (hereinafter commonly known and referred to as Disha/Dishaeye.org) is the owner and publisher of the internet resource www.dishaeye.organd the mobile application 'DishaEye' (together, "Website"). Disha Eye Hospital Pvt Ltd owns and operates the services and applications including but not limited to those of the brand names (if any) provided through the website.
Please read the following terms and conditions very carefully as per your use of the website www.dishaeye.org(also referred to as dishaeye.org). Your use of the website is subject to your acceptance of and compliance with the following terms and conditions.
Dishaeye.orgencourages and admires you to ask as many as possible questions to clear your all doubts or queries relating to the products or services enlisted at our web page.
ARTICLES – I - DEFINITIONS:
Unless the context otherwise requires -
OWNER / PUBLISHER shall mean www. Disha Eye Hospital.com [website] and / or Disha Eye Hospital[mobile application] affiliated to Disha Eye Hopital Private Limited incorporated having its registered office at 88(63A), Goshpara Road, Kolkata – 700120, in the state of west Bengal.
USER shall mean, include and deem any person who uses the website and / or the mobile application and / or a person who uses and dedicated to computer for work, entertainment or communication or business which included with grammatical variation of Pronoun hereinafter referred to as 'You', 'your', 'yours', 'Yourself, instead of Noun having the same meaning to the context which shall be any person alike an individual, a Company, firm, proprietor, Entrepreneur, Organisation, Association of Person, Body Corporate, Government, Non-government, local authority or organisation , Health Professional and Health care & Service Provider of any description.
SERVICE: The branches following under the Disha Eye Hospitals will provide the booked service to the user on the specified date. The consultant with whom the booking has been done is subject to change without any prior notification under the discretion of the management and the availability of the doctor. A scheduled booking cannot be changed. If required a user can book another appointment on a different date.
E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products or avail services listed on the website. You further agree and acknowledge that website is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale and service of products of any description on the website shall be a strictly bipartite contract between you and the service provider as recited under sub-clause (i) or subclause (ii) of Articles-I Definition first above written.
Payment Gateway shall mean the user shall make payment through on line payment gateway to the designated institution / bank payable by the user to the respective party having authority to receive payment through debit / credit card or internet banking.
Portal and APP shall mean the portal / website under url www.dishaeye.org and the associated APP and the Intellectual property thereof.
ACCEPTANCE OF TERMS:
THE APPLICATION OF THIS DISHAEYE.ORG IS SUBJECT TO THE FOLLOWING TERMS:
I. By accessing, using or obtaining any content, data, materials, information, products or services through the www.dishaeye.org (the website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then you may refrain from using the website. The owner recommend you print out a copy of these terms and conditions for your future reference.
II. The materials on the pages of the website is for the reader's guideline & general information and use only the owner reserve its unfettered right to change without any prior notice.
III. The website is designed to store medical and demographic data.
IV. No warranty or guarantee will be provided by us or any other third party regarding the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose. By continuing, you acknowledge that such information and material may contain inaccuracies/errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
V. The use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It will be your own responsibility to ensure that any products, services or information made available by this website meet your specific requirements.
VI. Our website contains material which is owned by or licensed to us. This owned or licensed material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the same is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
VII. All trademarks reproduced within this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
VIII. Unauthorized use of the website may give rise to a claim for damages and / or be a criminal offence.
IX. This website may also include links to other websites on certain occasions. These links are provided for convenience and to provide further information. These links do not signify that we endorse the website(s). We claim no responsibility for the content on the linked website(s).Use of this website and any dispute arising out of its use is subject to the laws of the Republic of India
ACKNOWLEDGEMENT OF TERMS:
When you access this website and APP, you acknowledge that you have read the terms and conditions set forth below and understood that access to this website is subject to the provisions of the same.
If you do not agree to the terms and conditions set forth below, you should exit this website or APP now.
LANGUAGE OF THE TERMS:
The terms are incorporated herein in English language and this website does not provide you with a translation of the English language version of the Terms and if there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
NATURE OF TERMS:
agreement ("Agreement") between you and Disha Eye Hospital in connection with your visit to the website and your use of the Services (as defined below).
III. Our services are very diverse and so from time to time, we may incorporate additional terms or modify the existing terms, with or without notice, and the additional terms or requirements should be read as a part of this Agreement. It will be the user's responsibility to comply with the latest terms and conditions. Please read this agreement carefully. We also advise you to regularly read the terms and conditions.
IV. The Agreement will be applicable to users who subscribe to any of the services from the website or visit/browse the website. By visiting and / or using the website or its services you have agreed to comply and be bound by the agreement.
I. For all purposes, this website and / or mobile application is the property of Disha, a private limited company established under the Laws of India. You may not use this website or services rendered therein in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
II. This website contains material which is owned by or is licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction in any manner is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Using our services does not give you ownership of intellectual property rights in our services or the content you access. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website by the user shall be a criminal offence and may give rise to a claim of damages. Please read this agreement carefully. We also advise you to regularly read the terms and conditions.
I. The Services may change from time to time, at the sole discretion of DISHA, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
II. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com / 033 66360000
By downloading or accessing the Application/Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your consent to this Agreement.
III. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
IV. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
a. the Indian Contract Act, 1872,
b. the (Indian) Information Technology Act, 2000, and
c. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
d. Google Advertising Policy for healthcare and medicine
The information available on www.dishaeye.org has been compiled with utmost precision and is for informational purposes only and does not constitute professional medical advice, recommendation, diagnosis or any kind of treatment. You are advised to seek advice from registered medical practitioner or experts for your personal medical needs and requirements. Taking any action based on any information/content provided on www.dishaeye.org will be solely at your own risk and www.dishaeye.org will not be held responsible, under any situation or condition, for your acts.
CONDITIONS OF USE:
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Disha Eye Hospital that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
I. Disha Eye Hospital may use such information collected from the Users from time to time for the purposes of debugging customer support related issues
I. Disha's ranking algorithm for the service provider is a fully automated system that lists the service providers, their information regarding their service on its Website.
II. Disha Eye Hospital will not be liable for any change in the ranking of the service providers, which may take place from time to time. The listing of service providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. The ranking algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. Disha Eye Hospital in no event will be held responsible for the accuracy and the relevancy of the listing order of the service providers on the Website.
LISTING CONTENT AND DISSEMINATING INFORMATION:
I. Disha Eye Hospital collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Service Provider listed on the Website. Disha Eye Hospital takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Disha Eye Hospital screens and vets the information submitted by the service providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
II. The Services provided by service providers or any of its licensors are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and nonnfringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Disha Eye Hospital does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Disha Eye Hospital does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Disha Eye Hospital disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Disha Eye Hospital or any User in relation to any User or services provided by such User.
III. The Website may be linked to the website of third parties, affiliates and business partners. Disha Eye Hospital has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link n the Website does not imply that Disha Eye Hospital endorses the linked site. User may use the links and these services at User's own risk.
IV. Disha Eye Hospital 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
V. If Disha Eye Hospital determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Disha Eye Hospital reserves the right to immediately suspend your access to the Website or any of your accounts with Disha Eye Hospital and makes such declaration on the website alongside your name/your clinic's name as determined by Disha Eye Hospital for the protection of its business and in the interests of Users. You shall be liable to indemnify Disha Eye Hospital for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Disha Eye Hospital or its Users.
VI. It is agreed and understood by you that the damages claimed by dishaeye.org will be decided at the sole discretion of dishaeye.org
These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Disha Eye Hospital of any of the products, services or opinions of the corporation or organization or individual. Disha Eye Hospital bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
APPOINTMENT BOOKING AND INTERACTIONWITH SERVICE PROVIDERS
I. While Disha Eye Hospital will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Disha Eye Hospital does not guarantee that a patient will get a confirmed appointment. Further, Disha Eye Hospital has no liability if such appointment is confirmed but later cancelled by the management, or the service providers are not available as per the given appointment time.
II. Without prejudice to the generality of the above, Disha Eye Hospital will not be liable for:
III. any type of inconvenience suffered by the User due to a failure on the part of the service provider to provide agreed services or to make himself/herself available at the appointed time, no show by the service provider, inappropriate treatment, or similar difficulties;
IV. any misconduct or inappropriate behaviour by the service provider or the service provider's staff/assistant;
V. cancellation or rescheduling of booked appointment or any variance in the fees charged;
VI. any medical eventualities that might occur subsequent to using the services of a service provider, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
I. You acknowledge and agree that the owner and our licensors retain ownership of all intellectual property rights of any kind related to the website and services, including applicable copyrights, trademarks and other proprietary rights. The owner is not granting any license to you under any of those intellectual property rights by virtue of these Terms. The owner reserves all rights that are not explicitly granted to you in this Agreement.
II. Dishaeye.org trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the services are the trademarks, service marks or trade dress of Dishaeye.org and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Disha.
III. The User acknowledges that they are the original authors and creators of any Content uploaded by them and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Disha Eye Hospital reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user's uploading of any Content on their account. The User also agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Disha Eye Hospital Gallery for his/her personal or commercial gain.
IV. Disha Eye Hospital shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time. The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Disha Eye Hospital reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the user.
V. User agrees that the content they access on their website does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User's interpretation of the Content, is solely attributable to the user. The User agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of the User's actions resulting from the User's viewing of content on the website.
VI. The User acknowledges that all intellectual property rights in the Content on Disha.com. The User agrees not to infringe upon Disha's intellectual property by copying or plagiarizing content on Disha.com. Disha Eye Hospital reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on website will be the sole intellectual property of Disha. The User agrees not to post any comments on website that violate the intellectual property of any other person. Disha Eye Hospital reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User's uploading of any comment on website.
VII. User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Disha Eye Hospital reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or violate any law or statute in force at the time. The User agrees to absolve Disha Eye Hospital from and indemnify Disha Eye Hospital against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User.
REVIEWS AND FEEDBACK
II. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to service providers or other healthcare professionals. The role of Disha Eye Hospital in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Disha Eye Hospital disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Disha Eye Hospital shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
III. Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Information Technology (Intermediaries Guidelines) Rules, 2011 (IG Rules) and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPI Rules). Disha, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Disha Eye Hospital may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
a. Obtaining feedback in relation to Website or Disha’s services; and / or
b. Obtaining feedback or response in relation to any Services listed on the Website; and / or
c. and you agree to provide your fullest co-operation further to such communication by Disha.
I. Disha, directly and indirectly, collects information regarding the service provider's profiles, contact details, services and practice, and publishes these details on the Website. On a service provider's request, Disha Eye Hospital may take down any part of such service provider's profile on he Website, provided, however, that Disha Eye Hospital shall at no time be under any obligation to take down publicly available information about a service provider, his/her profile, contact details and / or practice. All information regarding the service provider's profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users, Subscribers, members of the public and service providers. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Disha Eye Hospital immediately to enable Disha Eye Hospital to make the necessary amendments.
II. Disha Eye Hospital shall not be liable and responsible for the ranking of the service providers on external websites and search engines
IV. Disha Eye Hospital reserves the right to moderate the suggestions made by the clients through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Disha Eye Hospital shall not be liable if any inactive, inaccurate, fraudulent, or on- existent profiles of service providers are added to the Website.
V. Disha Eye Hospital reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
VI. You as user hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DISHA EYE HOSPITAL accepts no liability for the same.
PROFILE OWNERSHIP AND EDITING RIGHTS
I. TDISHA EYE HOSPITAL ensures easy access to the users by providing a tool to update your profile information. DISHA EYE HOSPITAL reserves the right of ownership of all the service provider's profile and photographs and to moderate the changes or updates requested by service providers.
II. However, DISHA EYE HOSPITAL takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Disha’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation,
III. DISHA EYE HOSPITAL may modify or delete arts of your profile information at its sole discretion with or without notice to you in the best interest of the Users.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
I. As mandated by Regulation 3(2) of the IG Rules, DISHA EYE HOSPITAL hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
II. belongs to another person and to which the User does not have any right to;
III. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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;
IV. harm minors in any way;
V. infringes any patent, trademark, copyright or other proprietary rights;
VI. violates any law for the time being in force;
VII. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
VIII. impersonate another person;
IX. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
X. 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.
XI. Users are also prohibited from:
XII. violating or attempting to violate the integrity or security of the Website or any DISHA EYE HOSPITAL Content of website;
XIII. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by DISHA;
XIV. intentionally submitting on the Website any incomplete, false or inaccurate information;
XV. making any unsolicited communications to other Users;
XVI. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
XVII. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
XVIII. copying or duplicating in any manner any of the DISHA EYE HOSPITAL Content or other information available from the Website;
XIX. framing or hot linking or deep linking any Content of the website.
XX. DISHA, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and / or is being used in violation of Clauses20.1 and 20.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause
XXI. DISHA EYE HOSPITAL is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. DISHA EYE HOSPITAL shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
XXIII. DISHA EYE HOSPITAL may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. DISHA EYE HOSPITAL will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
APPLICABLE LAW JURISDICTION AND DISPUTE SETTLEMENT
I. You agree that this Agreement and any contractual obligation between DISHA EYE HOSPITAL and User will be governed by the laws of India.
II. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DISHA. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
III. Subject to the above Clause 23.ii, the courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access
If a User has any questions concerning DISHA, the Website, this Agreement, the Services, or anything related to any of the foregoing, DISHA EYE HOSPITALcustomer support can be reached at the following email address info@Disha.com
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at
Email : firstname.lastname@example.org
Telephone : 033 6636 0000 (Ask to be connected to the Grievance Officer)
ARTICLE XXIX - SEVERABILITY
If any provision of the 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 this 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.
ARTICLE XXX - FORCE MAJEURE
Disha Eye Hospital shall not be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond Disha’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
ARTICLE XXXI - WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DISHA. Any consent by DISHA EYE HOSPITALto, or a waiver by DISHA EYE HOSPITAL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
ARTICLE XXXII - RELATIONSHIP BETWEEN THE PARTIES
Nothing in this Agreement shall be construed as creating a partnership or joint venture between the service provider and service recipient. Neither Party will be deemed to be an agent of the other Party as a result of any act under or related to this Agreement, and will not in any way pledge the other Party's credit or incur any obligation on behalf of the other Party.