This document is an electronic record in terms of information technology act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic recordisgeneratedbyacomputersystemanddoesnotrequireany physicalordigitalsignatures.Byclickingonthe“I Accept”button onthiselectroniccontract,youareconsentingtobeboundbythis terms & conditions. Please ensure that you read and understand all the provisions of this document beforeyoustartusingtheportal,asyoushallbeboundby all the terms herein upon clicking on the “Accept & Continue” buttononthiselectroniccontract.Ifyoudonotacceptanyofthe terms contained herein, then please do not use the portal or avail any of theservices being provided therein. Your agreement to the terms and conditions shall operate as a binding agreement betweenyouandAbhiCureinrespectoftheservicesoftheportal.
AbhiCure Technologies Private Limited, on behalf of itself and its affiliates/group companies under the brand "AbhiCure" (“AbhiCure”), is the author and publisher of the internet resource www.abhicure.com and the mobile application ‘AbhiCure’ (together, “Website”). AbhiCure owns and operates the services provided through the Website and application.
1. TERMS OF USAGE
You may use the AbhiCure Platform to avail all kinds of Telemedicine services offered by the AbhiCure (“Services”), which may include without limitation:
Your use of any of the Services specified above shall be subject to such Service specific terms as further prescribed under these Terms and Conditions.
You acknowledge and agree that AbhiCure retains the right to constantly update and improve its Services, including adding or removing functions, features, requirements, suspension or stopping a Service all together.
1.2 User Account
The User shall enter all basic information required by the website/application to have access to video consultation/live conversations with Registered Medical Practitioners. In order to make a User account, the user shall enter basic details and validate their authenticity. Such details shall also include personal or sensitive information that shall be used by the application for a more personalised experience.
2. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to -
A Registered Medical Practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Registered Medical Practitioners or institutions (“Registered Medical Practitioner(s)”, “you” or “User”); or
This Agreement applies to those services made available by AbhiCure on the Website, which are offered free of charge to the Users (“Services”), includingRegistered Medical Practitioners (Listing of Registered Medical Practitioners and theirprofiles and contact details, to be made available to the other Users and visitors of the Website)
The Services may change from time to time, at the sole discretion of AbhiCure, 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.
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 firstname.lastname@example.org.
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 via e-mail. 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.
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 reach out to us at email@example.com.
Your access to use of the Website and the Services will be solely at the discretion of AbhiCure.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
3. CONDITIONS OF USE
For Registered Medical Practitioners:
To enable all those Registered Medical Practitioners who would want to practice telemedicine get familiar with these Guidelines as well as with the process and limitations of telemedicine practice: An online program will be developed and made available by the Board of Governors in supersession of Medical Council of India.
All Registered Medical Practitioners intending to provide online consultation need to complete a mandatory online course within 3 years of its notification.
In the interim period, the principles mentioned in these guidelines need to be followed.
Thereafter, undergoing and qualifying such a course, as prescribed, will be essential prior to practice of telemedicine.
i) Telehealth - ‘The delivery and facilitation of health and health-related services including medical care, provider and patient education, health information services, and self-care via telecommunications and digital communication technologies.’
ii) Telemedicine - ‘The delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.’
Telemedicine includes all channels of communication with the patient that leverage Information Technology platforms, including Voice, Audio, Text & Digital Data exchange.
iii) Registered Medical Practitioner - ‘A Registered Medical Practitioner [RMP] is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’
iv) Health Worker–‘Health worker’ could be a Nurse, Allied Health Professional, Mid-Level Health Practitioner, ANM or any other health worker designated by an appropriate authority.A Health Worker can facilitate a consultation session for a patient with a Registered Medical Practitioner. In doing so, the former can help take history, examine the patient and convey the findings. They can also explain/reinforce the advice given by the Registered Medical Practitioner to the patient.
3.2 Tools for Telemedicine: Registered Medical Practitioners may use any telemedicine tool suitable for carrying out technology-based patient consultation using AbhiCure platform leveraging mediums like telephone, video, devices connected over LAN, WAN, Internet, and mobile.
4.1 AbhiCure, directly and indirectly, collects information regarding the Registered Medical Practitioners’ profiles and practice. AbhiCure reserves the right to take down any Registered Medical Practitioner’s profile as well as the right to display the profile of the Registered Medical Practitioners, with or without notice to the concerned Registered Medical Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform AbhiCure immediately to enable AbhiCure to make the necessary amendments.
4.1.2 AbhiCure reserves the right to moderate the suggestions made by the Registered Medical Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, AbhiCure shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Registered Medical Practitioners are added to the Website.
4.1.4 You as a Registered Medical Practitioner 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 AbhiCure accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
AbhiCure ensures easy access to the Registered Medical Practitioners by providing a tool to update your profile information. AbhiCure reserves the right of ownership of all the Registered Medical Practitioner’s profile and photographs and to moderate the changes or updates requested by Registered Medical Practitioners. However, AbhiCure 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 AbhiCure’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, AbhiCure may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 RELEVANCE ALGORITHM
AbhiCure 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 which cannot be altered for specific Registered Medical Practitioners. AbhiCure shall not be liable for any effect on the Registered Medical Practitioner’s business interests due to the change in the Relevance Algorithm.
4.4 ABHICURE REACH RIGHTS
AbhiCure reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, AbhiCure will not be liable for the accuracy of information or the claims made in the Sponsored ads. AbhiCure does not encourage the Users to visit the Sponsored ads page or to avail any services from them. AbhiCure 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 as a result of your use of these Services is your sole responsibility, and AbhiCure accepts no liability for the same.
4.5 BOOK APPOINTMENT AND CALL FACILITY
4.5.1 As a valuable partner on our platform we want to ensure that the Registered Medical Practitioners experience on the AbhiCure booking platform is beneficial to all.
4.5.2 Registered Medical Practitioner understands that, AbhiCure 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 Registered Medical 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 AbhiCure.
4.6 REGISTERED MEDICAL PRACTITIONER UNDERTAKING
The Registered Medical Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Registered Medical Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Registered Medical Practitioner shall at all times ensure that all the applicable laws that govern the Registered Medical Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
The Registered Medical Practitioner shall notify AbhiCure in case of revocation of his/her license that shall for the necessary course of action.
4.7 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
4.7.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between AbhiCure and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified Registered Medical Practitioner.
4.7.2 It is hereby expressly clarified that, the Information that you obtain or receive from AbhiCure, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
4.7.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
4.8 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by AbhiCure to Registered Medical Practitioner, Registered Medical Practitioner shall (subject to its reasonable right to review and approve): (a) allow AbhiCure to include a brief description of the services provided to Registered Medical Practitioner in AbhiCure’s marketing, promotional and advertising materials; (b) allow AbhiCure to make reference to Registered Medical Practitioner in case studies, and related marketing materials; (c) serve as a reference to AbhiCure’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 Registered Medical 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.
5. HEALTH WORKERS
Health Workers for the purpose of this Agreement shall mean a medical assistant, who is an allied health professional, who perform routine tasks and procedures. The Health Worker/Medical Assistants/Paramedics should be a certified professional through a certified program as recognized by the Government of India or an accredited program provided by AbhiCure. A Health Worker shall perform the following duties:
5.1 Health Worker should obtain the patient’s informed consent and liaise such information to the Registered Medical Practitioner;
5.2 He/she should also confirm patient identity by asking patient’s name, age, address, email ID, phone number or any other identification that may be reasonable and convey their finding to the Registered Medical Practitioner;
5.3 Health Worker shall be appointed for a home visit carrying telemedicine kit or medical supplies kit comprising of all necessary and basic devices, used for various readings of a patient. Health worker may explain potential use and limitations of a telemedicine consultation to the User and communicate with the Registered Medical Practitioner in under special circumstances;
5.4 Health Worker shall reach the address of the User in need of a medical consultation 15 minutes in advance and inform the concerned Registered Medical Practitioner and patient of their arrival;
5.5 Health Worker shall make sure that the User has signed the online requisition form pertaining to the Video Consultation and inform the Registered Medical Practitioner about the same before the e-consultation commences;
5.6 The Health Worker shall relay the information to Registered Medical Practitioner and facilitate diagnosing of the problem of the Patient/User;
5.7 The Health Worker shall ensure of all his finding about any special, differently abled existing conditions of the User and accordingly inform or communicate with the Registered Medical Practitioner.
6. CONSULT (International)
Consult (International) is a service provided by AbhiCure that allows international Users & Practitioners to communicate, on paid mode. Further, such Users may access this feature on Website/ platform to get assigned, for the purposes of a chat and video with a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as “Consult (International)".
6.1 Terms for Practitioners:
6.1.1 The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, AbhiCure shall have the right to replace such Practitioners for the purpose of interaction with the User.
6.1.2 The Practitioner further understands that, there is a responsibility on the Practitioner to provide accurate information to the User, as the Practitioner would have done so to any other patient of his, however no doctor-patient relationship is established pursuant to interactions on Consult (International).
6.1.3 The Practitioner has the discretion to cancel any chat or video consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to interact with the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner inform AbhiCure in advance and advise the User and explain appropriately for next steps.
6.1.4 The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the interaction on Consult (International).
6.1.5 The Practitioner acknowledges that should AbhiCure find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities in Consult (International), then AbhiCure shall be entitled to cancel the interaction with such Practitioner or take such other legal action as may be required.
6.1.6 In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact the AbhiCure support team via online chat or write a mail to firstname.lastname@example.org
6.1.7 It is further understood by the Practitioner that the information that is disclosed by the User at the time of interaction is personal information and is subject to all applicable privacy laws.
6.1.8 The Practitioner understands that AbhiCure makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold AbhiCure liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by AbhiCure.
6.1.9 It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that AbhiCure shall not be liable for any errors in the information included in any communication between the Practitioner and User.
6.1.10 The Practitioner shall indemnify and hold harmless AbhiCure and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim under Consult (International).
The Practitioner using the Consult platform and Consult (International) platform, as the case may be, shall have the following confidentiality obligations:
7.1 Practitioner agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of AbhiCure, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding AbhiCure’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to AbhiCure’s and/or its affiliates’ software products or derived from testing or other use thereof.
7.2 Practitioner shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
7.3 Practitioner agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of AbhiCure and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
7.4 Upon request of AbhiCure or upon termination of the Agreement, Consultant shall promptly deliver to AbhiCure any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Practitioner.
7.5 Nothing in the Agreement will be construed as conveying to the Practitioner any right, title or interests or copyright in or to any Confidential Information of AbhiCure; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
7.6 The confidentiality obligations of the Practitioner as mentioned herein will survive termination or expiration of the Agreement. AbhiCure has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
7.7 Any non-disclosure agreement signed between AbhiCure and the Practitioner will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.
8. RIGHT TO USE LOGOS AND TRADEMARKS
AbhiCure is entitled to use the Practitioner’s name (clinical or hospital), including trademarks (collectively, “Marks”) on the Website and AbhiCure’s marketing materials. AbhiCure will be permitted to issue press releases of any kind referencing the Practitioner and the Marks. However, the Practitioner shall seek a written permission from AbhiCure to participate in any press releases or for using trade names, trademarks, or service marks of AbhiCure in any of its advertisement, publicity, or promotion.
AbhiCure (as the context warrants) reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:
9.1 Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
9.2 A third-party reports violation of any of its right as a result of your use of the Services.
10. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall AbhiCure, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any 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 Website or the content, materials and functions related thereto, the Services, User’s provision of information via the 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:
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 Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
If any provision of the Agreement is invalid as per applicable law, 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.
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 AbhiCure. Any consent by AbhiCure to, or a waiver by AbhiCure 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.
13. NO DISPARAGEMENT
Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Practitioner shall not make any public statement disparaging the other party’s brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.
14. APPLICABLE LAW AND DISPUTE SETTLEMENT
14.1 You agree that this Agreement and any contractual obligation between AbhiCure and Practitioner will be governed by the laws of India.
14.2 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 Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by AbhiCure. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be West Bengal. 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.
14.3 Subject to the Clause 14.2, the courts at West Bengal 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.
15. CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning AbhiCure, the Website, this Agreement, the Services, or anything related to any of the foregoing, AbhiCure customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: www.abhicure.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:
Name: AbhiCure Technologies Pvt Ltd
Shop No 1, GD FR,
39, Rai Bahadur Road, LP 2/5/0
Kolkata – 700 034
Phone: +91 8240294855
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
The laws of India govern these terms and conditions. By accessing these terms or using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.