Terms of Service
Invoq Health India LLP (“Invoq”) is the author and publisher of the internet resource www.invoqhealth.com and the mobile application ‘Relay’ (together, “Website”). Invoq owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. A Licensed General Physician or Medical Practitioner (whether an individual professional or an organization) or similar institution already listed, on the website, including designated, authorized associates of such practitioners or institutions who help in registering the Patients to participate in telemedicine consultation through the Website and provides inputs to medical specialists in the form of medical history, examinations, x-rays, and other test results so that the medical specialist could provide his opinion and convey to the licensed physician or medical practitioner the next course of action or to modify the patients prescription (“User” “You” “Doctor”); or
ii. A Medical Specialists or Specialists (whether an individual professional or an organization) or similar institution already listed, on the website, including designated, authorized associates of such practitioners or institutions who are consulted by the above for providing his/her opinion based on the information available and without conducting a physical examination (“Medical Specialists” “You” “Doctor”); or
iii. A Patient, his/her representatives or affiliates, who would like to participate in telemedicine consultation and who has consented towards Telemedicine Consultation by executing the Telemedicine Patient Consent Form (“Patient” “You”);
This Agreement applies to those services made available by Invoq on their Website which are offered free of charge to the Users (“Services”), including the following:
i. For a User: Facility to (i) create and maintain ‘Health Records’, (ii) search for Medical Specialists by name, specialty, and geographical area, or any other criteria that may be developed and made available by Invoq. (iii) Uploading of medical history, examinations, x-rays, and other tests. (iv) Consult with the Medical Specialists vide the Website.
ii. For a Medical Specialists: Facility to (i) view / download the medical history, examinations, x-rays, and other tests uploaded by the User, (ii) provide opinion to the User or call for an in-person follow up.
iii. For a Patient: Facility to (i) Access to Medical Specialists (ii) Get the prescription from the Licensed General Physician‘s clinic (ii) Quick turnaround time (iii) The Licensed General Physician or Medical Practitioner can explain the situation / case to the Specialists easily and appropriately.
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.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
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 in writing. You should read the Agreement at regular intervals at invoqhealth.com/terms. 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 do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Invoq.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii.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”).
Invoq provides online health-related Telemedicine* consultations that allows Licensed General Physician^ (Medical Practitioner) & Medical Specialist or Specialist# to communicate. Further, Users may access this feature on Invoq’s platform “Relay” to assign a Patient (with his/her express consent), for the purposes of consultation, to a Specialist whereby Users may choose Specialists of choice through the search options made available on Invoq’s Website. The scope of this feature as detailed herein is collectively referred to as "Services".
*Telemedicine: It involves the remote evaluation, diagnosis and treatment of a patient by a healthcare provider through a telecommunications connection (which can be audio or video), as opposed to treatment that takes place during a physical visit to the provider’s office.
#Medical Specialists or Specialists: are doctors who have completed advanced education and clinical training in a specific area of medicine (their specialty area) such as immunologists, anesthesiologists, cardiologists, dermatologists, critical care medicine specialist, diagnostic radiologists, endocrinologists, gynecologists and surgeons.
ii. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Invoq is not responsible for any medical or other outcomes, pursuant to any interactions on the Website.
iii. Invoq shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using Relay. We advise you to perform your own investigation or get feedback prior to selecting a User.
iv. Without prejudice to the generality of the above, Invoq will not be liable for:
a. any wrong medication or treatment quality being given by the Doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
b. any medical eventualities that might occur subsequent to using the services of a Doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website.
v. The Specialist 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 Specialist, Invoq shall have the right to remove such Specialist from the platform.
vi. The Specialist understands and agrees that, Invoq shall at its sole discretion, at any time be entitled to, show as other Specialist available for consultation.
vii. The Specialist further understands that, there is a responsibility on him /her to treat the Patient, pari passu, as the Specialist would have otherwise treated the User on a physical one-on-one consultation model.
viii. The Specialist has the discretion to cancel any consultation at any point in time in cases where the Specialist feels, it is beyond his/her expertise or his/her capacity to treat the Patient. The Specialist shall at all times ensure that all the applicable laws that govern the Specialist shall be followed and utmost care shall be taken in terms of the consultation being rendered.
ix. The Specialist acknowledges that should Invoq find the Specialist to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Invoq shall be entitled to cancel the consultation with such Specialist or take such other legal action as may be required.
x. It is further understood by the Doctors that the information that is disclosed by the Patient at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to Patient and Doctor Privilege.
xi. For a proper and thorough understanding of the Patient's case, a Specialist is obligated to treat only one Patient at a time which is related to his specific specialization. The User is also obligated to refer the second Patient to the same Specialist only when the previous consultation is closed. This practice enables the Medical Specialist to perceive themselves as a full participant in the treatment of the Patient.
xii. The Doctors understands that Invoq makes no promise or guarantee for any uninterrupted communication and the Doctors shall not hold Invoq 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 Invoq.
xiii. It shall be the responsibility of the User to ensure that the information provided by Patient is accurate and not incomplete and understand that Invoq shall not be liable for any errors in the information included in any communication between the User and Patient.
xiv. The Doctor(s) shall indemnify and hold harmless Invoq 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 Doctors, violation of any law, rules or regulations by the Doctor(s) or due to such other actions, omissions or commissions of the Doctor(s) that gave rise to the claim.
xv. The Patient shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Specialists online.
xvi. The User, Patient and Specialist shall indemnify and hold harmless Invoq 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 or in relation to the use of Website, by breach of the Terms or violation of any law, rules or regulations by the User, Patient or Specialist, or due to such other actions, omissions or commissions of the User, Patient or Specialist that gave rise to the claim.
xvii. In case any prescription is being provided to the Patient by the Doctor, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
xviii. The Patients agree to use the advice from the Doctors on the website pursuant to:
a) an ongoing treatment with their medical practitioner;
b) a condition which does not require emergency treatment, physical examination or medical attention;
c) medical history available as records with them for reference;
d) a record of physical examination and report thereof with them, generated through their local medical practitioner;
e) consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
xix. The User agrees that by using the Website, the Doctors on the Website will not be conducting physical examination of the Patients, hence they may not have or be able to derive important information that is usually obtained through a physical examination. Patient acknowledges and agrees that the Patient is aware of this limitation and agrees to assume the complete risk of this limitation.
xx. The Patient understands that Relay shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation.
xxi. During the consultation and thereafter, the Doctors may upload the prescription/health records of the Patient on the account of the User for access of the User.
xxii. Notwithstanding anything contained herein, Invoq in no manner endorses any Doctor(s) that Patient(s) consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Doctor.
xxiii. When the Specialist responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others which the User may forward to the Patient. The User further understands that Invoq may also send such communications like text messages/email/calls after the Specialist’s consultation to Patient’s mobile number which is provided by User. However and notwithstanding anything to the contrary in this Agreement, Invoq does not take responsibility for timeliness of such communications.
xxiv. Relay, is merely a consulting model, any interactions and associated issues with the User on Relay including but not limited to the Patient’s health issues and/or the Patient’s experiences is strictly between the Patient and the Practitioner. The Patient shall not hold Invoq responsible for any such interactions and associated issues.
xxv. Any conversations that the Users have had with the Specialists will be retained in Invoq database as per the applicable laws and subject to confidentiality.
xxvi. User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
xxvii. If Patient decides to engage with a Specialist to procure medical services or engages in communication, exchange of money for services outside of Relay platform, Patient shall do so at their own risk. Invoq shall not be responsible for any breach of service or service deficiency by any Specialist.
3. EXPRESS DISCLAIMERS:
i. Relay is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Doctor adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Doctor listed on the Website or otherwise. In case of any negligence on the part of the Patient in acting on the same and the condition of the Patient deteriorates, Invoq shall not be held liable.
ii. Invoq is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Patients or Doctors for any outcome from the consultation between the Patient and the Doctor.
iii. The Website is a platform being made available to assist in obtaining consultation from Doctors and does not intend to replace the physical consultation with the Doctors.
iv. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a Patient facing a medical emergency, please contact an ambulance service or hospital directly.
4. CONDITIONS OF USE:
You must be 18 years of age or older to register, use the Services, or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Invoq 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.
5. END-USER ACCOUNT AND DATA PRIVACY:
a. The purpose, means and modes of usage of such information;
b. How and to whom Invoq will disclose such information; and,
c. The type of information collected from Users, including sensitive personal data or
d. Other information mandated by the SPI Rules.
a. the fact that certain information is being collected;
b. the purpose for which the information is being collected;
c. the intended recipients of the information;
d. the nature of collection and retention of the information; and
e. the name and address of the agency that is collecting the information and the agency that will retain the information;
Invoq shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User or the Patient to Invoq or to any other person acting on behalf of Invoq.
The User and the Medical Specialist is responsible for maintaining the confidentiality of the Patient’s records including but not limited to the Communications between the User and the Specialist. The User or the Specialist shall immediately notify Invoq of any actual or suspected unauthorized use of the Patient’s account. Although Invoq will not be liable for the losses caused by any unauthorized use of the Patient’s account, User and Specialist may be liable for the losses of Invoq or such other parties as the case may be, due to any unauthorized use of the account.
If a Patient provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), the User, or Specialist or Invoq has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the User, or Specialist or Invoq has the right to discontinue the Services to the User at its sole discretion.
Invoq may use such information collected from the Users, Specialist or Patients from time to time for the purposes of debugging customer support related issues.
6. LISTING CONTENT AND DISSEMINATING INFORMATION:
i. Invoq collects (with prior consent), directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Specialists, such as their specialization, qualification, location, and similar details. Invoq takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Invoq screens and vets the information and photos submitted by the Specialists, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
ii. The Services provided by Invoq 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). Invoq does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Invoq 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, Invoq disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Invoq or any User in relation to any services provided by such User.
iii. The Website may be linked to the website of third parties, affiliates and business partners. Invoq 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 on the Website does not imply that Invoq endorses the linked site. User may use the links and these services at User’s own risk.
iv. Invoq assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Doctor(s) equipment on account of Doctor(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 Doctor is dissatisfied with the Website, Doctor(s) sole remedy is to discontinue using the Website.
7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS:
i. The contents listed on the Website are (i) User generated content (shared by Patient), or (ii) belong to Invoq. The information that is collected by Invoq directly or indirectly from the Patients and the Doctor(s) shall belong to Invoq. Copying of the copyrighted content published by Invoq on the Website commercial purpose or for the purpose of earning profit will be a violation of copyright and Invoq reserves its rights under applicable law accordingly.
ii. Invoq authorizes the Doctors to view and access the content available on or from the Website solely for ordering, receiving, transferring, 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, "Invoq Content"), are the property of Invoq and are protected under copyright, trademark and other laws. User shall not modify the Invoq Content or reproduce, display, publicly perform, distribute, or otherwise use the Invoq Content in any way for any public or commercial purpose or for personal gain.
iii. Patients shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT:
i. As mandated by Regulation 3(2) of the IG Rules, Invoq hereby informs Users and Patients that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which the User or Patient does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. 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.
ii. Users are also prohibited from:
a. violating or attempting to violate the integrity or security of the Website or any Invoq Content;
b. 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 Invoq;
c. intentionally submitting on the Website any incomplete, false or inaccurate information;
d. making any unsolicited communications to other Users or Specialists or Patients;
e. 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;
f. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
g. copying or duplicating in any manner any of the Invoq Content or other information available from the Website;
h. framing or hot linking or deep linking any Invoq Content.
i. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
iii. Invoq, 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 the aforementioned clauses. Invoq 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.
v. Invoq 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. The SPI Rules only permit Invoq to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Invoq as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Invoq or any person on its behalf and the Patient or where the Patient has consented to data transfer.
vi. Invoq respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
i. Invoq 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 where,
a) Such User breaches any terms and conditions of the Agreement;
b) A third party reports violation of any of its right as a result of your use of the Services;
c) Invoq is unable to verify or authenticate any information provided to Invoq by a User;
d) Invoq has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
e) Invoq believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Invoq or are contrary to the interests of the Website.
ii. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the 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 website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
10. LIMITATION OF LIABILITY:
i. The information available on the Website could include inaccuracies or typographic errors. Invoq has endeavored to ensure that all the information on the Website is correct, but Invoq neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Invoq makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Website.
ii. In no event shall Invoq or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall Invoq be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Invoq shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Invoq’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
iii. In no event, including but not limited to negligence, shall Invoq, or any of its directors, officers, employees, agents or content or service providers (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:
a) provision of or failure to provide all or any service by Doctors to Patients contacted or managed through the Website;
b) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
c) any unauthorized access to or alteration of your transmissions or data; or
d) any other matter relating to the Website or the Service.
iv. In no event shall the total aggregate liability of Invoq to a Patient, User or Specialist 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 or Specialists use of the Website or the Services exceed, in the aggregate of Rs. 1000/- (Rupees One Thousand Only).
11. RETENTION AND REMOVAL:
Invoq may retain such information collected from You from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT:
i. You agree that this Agreement and any contractual obligation between Invoq 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 Invoq. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Pune. 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, the courts at Pune 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.
13. CONTACT INFORMATION GRIEVANCE OFFICER:
If you have any questions concerning Invoq, the Website, this Agreement, the Services, or anything related to any of the foregoing, Invoq customer support can be reached at the following email address: email@example.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:
The Grievance Officer,
Invoq Health India LLP
Flat No. 9, Plot No. 17, Nishigandha S B Road, Near Navrajasthan Society, Pune 411016
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.
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 Invoq. Any consent by Invoq to, or a waiver by Invoq 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.