SWAR Doctor LLC, on behalf of itself under the brand “SWAR Doctor,” is the author and publisher of the internet resource www.swardoctor.com, related websites, and the mobile application ‘SWAR Doctor’ (together, “Website”). SWAR Doctor LLC owns and operates the services provided through the Website and mobile applications.
The health record app and the complete package of our services are envisioned as state of art and the first time on earth such initiative has been undertaken. We welcome you to be part of our new experience. You are governed by the following terms and conditions:
We are committed to honest and equitable service for people in various parts of the world. The users, practitioners, service providers, and any agencies shall take an oath to respect humanity without any prejudice or Favor. Our initiative is being built on trust. SWAR Doctor LLC a start-up organization is being built brick by brick with the approach “by the people for the people.” All are responsible to provide/receive proper and genuine healthcare to all deserving individuals. Any mischievous or only money minded individuals or organizations please stay away from us
- Your access to the use of the App & Website and the Services will be solely at the discretion of SWAR Doctor LLC.
- All your documents & chat shall be encrypted and stored to ensure data privacy. SWAR Doctor LLC reserve the right to change this policy for unpaid/free users.
- Information and our services are based on the cloud storage provided by specialist companies, which to our understanding are highly secured.
- The user agrees to share the email, phone number, and personal identification so that we can assure that the user is authentic.
- Users shall not use our products for spreading or storing any information or data other than personal healthcare related.
- You have data storage limitations for health records. Which will be based on schemes selected by users.
- The document storage application & website are paid services. However, the basic version with limited functions shall be made available free for the users. There will be storage limitations applicable for such free use. Continuation of such free service is at the complete discretion of SWAR Doctor LLC. If the storage limit is not mentioned in the app, then it shall be considered as 500Mb for the paid version of the health records, app, and website; 1 GB data will be applicable, every additional storage shall be charged additional in slabs of 0.5 GB.
- If the annual subscription is not renewed your data shall be available for a year within which you can download. After this one year, the data will be stored in the deep archive, which will be available for you based on additional charges and specific requests to SWAR Doctor LLC. (i.e., if not renewed your data will be secured for a total of five years including the one year of direct download option).
- SWAR Doctor LLC is a neutral organization, which shall not be biased to any healthcare provider. Advertisements, promotions, feeds, or like from service providers are only to sustain the SWAR Doctor LLC expenditure but in no way favouring such information and we do not take any direct or indirect responsibility for such information.
- The Services may change from time to time, at the sole discretion of SWAR Doctor LLC, and the Agreement will apply to your visit to and your use of the app to avail the Service, as well as to all information provided by you on the app at any given point in time.
- This Agreement defines the terms and conditions under which you are allowed to use the app and describes the way 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.
- We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you by update notifications. You should read the Agreement at regular intervals. Your use of the App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
2. 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 SWAR Doctor LLC 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.
SWAR Doctor LLC may by its Services, collect information relating to the devices through which you access the app and anonymous data of your usage. The collected information will be used only for improving the quality of SWAR Doctor LLC’s services and to build new services.
The app allows SWAR Doctor LLC to have access to registered Users’ personal email or phone numbers, for communication purposes to provide you a better service.
SWAR Doctor LLC shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data, or information supplied by the User to SWAR Doctor LLC or to any other person acting on behalf of SWAR Doctor LLC.
The User is responsible for maintaining the confidentiality of the User’s account access information and password if the user is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether authorized by the User. The User shall immediately notify SWAR Doctor LLC of any actual or suspected unauthorized use of the User’s account or password. Although SWAR Doctor LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SWAR Doctor LLC or such other parties, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or SWAR Doctor LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SWAR Doctor LLC has the right to discontinue the Services to the User at its sole discretion.
SWAR Doctor LLC may use such information collected from the Users from time to time for the purposes of debugging customer support-related issues.
The Services provided by SWAR Doctor LLC or any of its licensors or service providers 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 non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). SWAR Doctor LLC does not provide or make any representation, warranty, or guarantee, express or implied about the Website or the Services. SWAR Doctor LLC 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, SWAR Doctor LLC refuses 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 SWAR Doctor LLC or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates, and business partners. SWAR Doctor LLC has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. Inclusion of any link on the Website does not imply that SWAR Doctor LLC endorses the linked site. Users may use the links and these services at the User’s own risk.
SWAR Doctor LLC 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 App & Website, the User’s sole remedy is to discontinue using the App & Website.
If SWAR Doctor LLC determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, SWAR Doctor LLC reserves the right to immediately suspend your access to the Website or any of your accounts with SWAR Doctor LLC and makes such declaration on the website alongside your name/your clinic’s name as determined by SWAR Doctor LLC for the protection of its business and in the interests of Users. You shall be liable to indemnify SWAR Doctor LLC for any losses incurred because of your misrepresentations or fraudulent feedback that has adversely affected SWAR Doctor LLC or its Users.
4. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents on the Website and mobile applications are (I) User-generated content, or (ii) belong to SWAR Doctor LLC. The information that is collected by SWAR Doctor LLC directly or indirectly from the End- Users and the Practitioners shall belong to SWAR Doctor LLC. Copying of the copyrighted content published by SWAR Doctor LLC on the Website or mobile application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SWAR Doctor LLC reserves its rights under applicable law accordingly.
SWAR Doctor LLC authorizes the User to view and access the content available on or from the Website and mobile application solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, “by SWAR Doctor LLC Content”), are the property of by SWAR Doctor LLC and are protected under copyright, trademark, and other laws. User shall not modify the SWAR Doctor LLC Content or reproduce, display, publicly perform, distribute, or otherwise use the SWAR Doctor LLC Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
5. REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website/mobile application, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals or pharmacy or healthcare providers, or healthcare-related service providers. The role of SWAR Doctor LLC in publishing Critical Content is restricted to that of an ‘intermediary’ i.e., we are neither creator nor the promotor of such content. SWAR Doctor LLC refuses 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. SWAR Doctor LLC shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Reviews and feedback, you publish on the website or mobile application are governed by Clause 5 of these documents. Notwithstanding or any prejudice to the Clause 5 terms, 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, as applicable in each country. SWAR Doctor LLC, 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 shall have no objection to SWAR Doctor LLC contacting you through telephone, email, SMS, direct, or any other electronic means of communication for the purpose of:
- Getting feedback related to Website/mobile application or SWAR Doctor LLC’s services; and/or
- Getting feedback in related any service providers or practitioners listed on the Website/Mobile application; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content.
and you shall agree to extend your unconditional co-operation further to such communication by SWAR Doctor LLC.
SWAR Doctor LLC as part of our portfolio is a sole author for specialized document or health record storage websites and mobile applications. It is a state of art product from SWAR Doctor LLC. SWAR Doctor LLC may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘SWAR Doctor LLC.’ The information available in your Records is of two types:
6.1 User-uploaded: Data stored in the individual document storage app/web software. This data is the exclusive property of the users. The content shall be strictly related to healthcare. SWAR Doctor shall not have access to these data unless required by law enforcement or any wrong usage by the user against these terms and conditions.
6.2 User-created: Information uploaded by you, or information generated during your interaction with SWAR Doctor LLC ecosystem, e.g.: appointment, medicine order placed by you.
6.3 Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘SWAR Doctor LLC Clinic’ or other Services of SWAR Doctor LLC software.
- Your Records are only created after you have signed up and explicitly accepted these Terms.
- Any Practice-created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and SWAR Doctor LLC does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, SWAR Doctor LLC is not liable for any interruption that may be caused to your access to the Services.
- The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by SWAR Doctor LLC, you should refer to your prescription before taking any medicines. SWAR Doctor LLC is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch them off through the SWAR Doctor LLC app or website.
- It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. SWAR Doctor LLC is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with SWAR Doctor LLC.
- SWAR Doctor LLC uses industry–level security and encryption to your Health Records. However, SWAR Doctor LLC does not guarantee to prevent unauthorized access if you lose your login credentials, or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform SWAR Doctor LLC of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
- If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain the prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. SWAR Doctor LLC assumes no responsibility for any claim, dispute, or liability arising in this regard, and you shall indemnify SWAR Doctor LLC and its officers against any such claim or liability arising out of unauthorized use of such information.
- In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
- You may lose your “User-created” record if the data is not synced with the server.
- If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- SWAR Doctor LLC is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- The Health Records are shared with the phone numbers that are provided by your Practitioner. SWAR Doctor LLC is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- SWAR Doctor LLC is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
- SWAR Doctor LLC has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- SWAR Doctor LLC will follow the law of land in case of any constitutional court or district mandates to share the Health Records for any reason.
- You agree and acknowledge that SWAR Doctor LLC may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- You acknowledge that the Practitioners you are visiting may engage SWAR Doctor LLC’s software or third-party software for the purposes of the functioning of the Practitioner’s business and SWAR Doctor LLC’s services including but not limited to the usage and storage of Records.
- To the extent that your Records have been shared with SWAR Doctor LLC or stored on any of the SWAR Doctor LLC products used by the Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by SWAR Doctor LLC pertaining to such previously visited clinics and hospitals who have tie-ups with SWAR Doctor LLC for the purposes of their business and for SWAR Doctor LLC’s services including but not limited to the usage and for storage of Records, in accordance with the applicable laws and further agree, upon creation of your account with SWAR Doctor LLC, to the mapping of such Records as may be available in SWAR Doctor LLC’s database to your User account.
The personally identifiable information of the querist shall be anonymized by SWAR Doctor LLC prior to posting the question on the Q&A Platform.
- Q&A Platform is a public forum for the exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
- Users shall not use the Q&A Platform for emergency situations.
- The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic, and /or offensive content.
- Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for the exchange of information that is of general nature in a question-and-answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions, and solutions to the question posed. However, it is expressly clarified that any such view, recommendation, suggestion, and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- All general SWAR Doctor LLC Terms and Conditions shall govern the QA T&C to the extent applicable. The decision of SWAR Doctor LLC is final and binding on the issues arising under the QA T&C and SWAR Doctor LLC Terms and Conditions.
SWAR Doctor LLC has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit-driven, proprietary algorithm that cannot be altered for specific Practitioners. SWAR Doctor LLC shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
9. SERVICES AND YOUR RIGHTS
SWAR Doctor LLC has a wide range of applications envisaged. Your use of a specific service gives only the rights and obligations relating to that specific Service, and not to any other service that may be provided by SWAR Doctor LLC.
10. SERVICES AND YOUR RIGHTS
SWAR Doctor LLC reserves the rights to display sponsored ads on the Website and mobile application. These ads would be marked as “Sponsored ads.“ Without prejudice to the status of other content, SWAR Doctor LLC will not be liable for the accuracy of the information, or the claims made in the Sponsored ads. SWAR Doctor LLC does not encourage the Users to visit the Sponsored ads page or to avail any services from them. SWAR Doctor LLC will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law because of your use of these Services is your sole responsibility, and SWAR Doctor LLC accepts no liability for the same.
11. BOOK APPOINTMENT AND CALL FACILITY
- As a valuable partner on our platform, we want to ensure that the Practitioners experience on the SWAR Doctor LLC booking platform is beneficial to both, Practitioners, and their Users.
- The practitioner understands that SWAR Doctor LLC shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by the Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of SWAR Doctor LLC.
12. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by SWAR Doctor LLC to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow SWAR Doctor LLC to include a brief description of the services provided to Practitioner in SWAR Doctor LLC’s marketing, promotional and advertising materials; (b) allow SWAR Doctor LLC to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to SWAR Doctor LLC’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media and other advertising, marketing, and promotional materials.
13. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
13.1 Users are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that
- Belongs to another person and to which the User does not have any right.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, podophilic, 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 rights.
- 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 any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
13.2 USERS ARE ALSO PROHIBITED FROM
- Violating or attempting to violate the integrity or security of the Website or any SWAR Doctor LLC Content.
- 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 SWAR Doctor LLC.
- Intentionally submitting on the Website any incomplete, false, or inaccurate information.
- making any unsolicited communications to other Users.
- 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.
- attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website.
- copying or duplicating in any manner any of the SWAR Doctor LLC Content or other information available from the Website.
- framing or hotlinking or deep linking any SWAR Doctor LLC Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- SWAR Doctor LLC, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 13.1 and 13.2. SWAR Doctor LLC shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes. The duration of such preservation is at the discretion of SWAR Doctor LLC.
- SWAR Doctor LLC 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.
- SWAR Doctor LLC respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
14.1 SWAR Doctor LLC reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases were,
- Such User breaches any terms and conditions of the Agreement.
- A third party reports a violation of any of its rights because of your use of the Services.
- SWAR Doctor LLC is unable to verify or authenticate any information provide to SWAR Doctor LLC by a User.
- SWAR Doctor LLC has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or
- SWAR Doctor LLC believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for SWAR Doctor LLC or are contrary to the interests of the Website.
14.2 Once suspended, indefinitely suspended, or terminated, the User may not continue to use the App / Website under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the APP / Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered to comply with the User’s record keeping process and practices.
15. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall SWAR Doctor LLC, or any of its founders, presidents, directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable(i.e. NOT LIABLE) for any lost profits, special, incidental damages, direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the APP / Website or the content, materials, and functions related thereto, the Services, User’s provision of information via the APP / Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the APP / Website.
- any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the APP / Website.
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
- Recording of any video components by the practitioners or any service providers or users.
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 this Agreement or a User’s use of the APP / Website or the Services exceed, in the aggregate of USD 20/- (Twenty Only) or money paid for the service.
16. RETENTION AND REMOVAL
SWAR Doctor LLC may retain such information collected from Users from its APP/Website or Services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information.
17. APPLICABLE LAW AND DISPUTE SETTLEMENT
17.1 You agree that this Agreement and any contractual obligation between SWAR Doctor LLC and User will be governed by the laws as applicable in different countries.
THE USERS, PRACTITIONERS, SERVICE PROVIDERS, AND SOVEREIGN STATES SHALL ACKNOWLEDGE THAT, FOR A STARTUP LIKE SWAR DOCTOR LLC, IT’S IMPOSSIBLE TO COMPLY WITH THE LAWS OF DIFFERENT COUNTRIES. HOWEVER, WE WILL TAKE STEPS TO DEFEND THE SPIRIT OF HONEST BUSINESS PRACTICES FOR WHICH SWAR DOCTOR LLC IS COMMITTED
17.2 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 APP / Website or the Services or information to which it gives access, shall be determined by arbitration decided by SWAR Doctor LLC, before a sole arbitrator appointed by SWAR Doctor LLC. The arbitration shall be conducted in accordance with the Arbitration and Conciliation laws where SWAR Doctor LLC is established or other operating countries to the discretion of SWAR Doctor LLC.
17.3 Subject to the above Clause 17.2, the courts as decided by SWAR Doctor LLC shall have exclusive authority over any disputes arising out of or in relation to this Agreement, your use of the APP / Website or the Services or the information to which it gives access.
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. SWAR Doctor LLC has the sole right to accept or reject any such interpretations.
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 SWAR Doctor LLC. Any consent by SWAR Doctor LLC to, or a waiver by SWAR Doctor LLC 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.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding SWAR Doctor LLC and our Services and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly, or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties’ lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
- Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
- We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.