Terms & conditions between doctors/ healthcare professionals
and Apollo Healthco Limited for using Clinical Intelligence Engine
on the Platform
The following terms and conditions (“Terms and Conditions”) form part
of the agreement (“Agreement”) between you- the doctors/ healthcare
professionals (“you”, “your”, “User”) and Apollo Healthco Limited, a
company duly incorporated under the provisions of the Companies Act,
2013, having its registered office at 19, Bishop Gardens, R A Puram,
Chennai, Tamil Nadu- 600028, India (“AHL”, “we”, “us”, “Our”) which is
the operator of the Clinical Intelligence Engine (“CIE”) accessed
through AHL’s website at
www.ciengine.com
along with API solutions integrated into this website (collectively,
“Platform”). In addition to the Terms and Conditions, the privacy
policy available at (“Privacy Policy”)
also forms part of this Agreement.
About the CIE
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The CIE is a technology tool that aims to assist the User in primary
care of patients in the User’s out-patient practice. It acts as the
User’s assistant and helps in providing relevant clinical
information, including clinical suggestions to the User.
User’s Representations and Warranties
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You represent and warrant to us that
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the information provided by you (i.e. your registration no. and
other details, collectively “Registration Information”) is true,
correct and accurate.
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you are competent to contract in accordance with applicable laws
and are a registered/ licensed medical practitioner qualified to
practice medicine in the area of expertise (as claimed/
represented by you) under the National Medical Commission Act,
2019 or any other applicable laws/ rules/ regulations/
guidelines epcc. issued by the concerned authorities.
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in case your patient is a child below eighteen [18] years of
age, you have taken the consent of the child’s parent/ guardian
before using the child’s data for inputting into the CIE.
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you are in compliance with all applicable laws governing the
provision of medical advice and are not part of any arrangement
which prohibits you from practicing medicine within the
territory of India.
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you have not entered into any agreement with any third party
which restricts your ability from entering into this Agreement.
Conditions of use
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On the Platform, when you click on the ‘Try CIE Now’ or ‘Experience
CIE’ button, you will be required to provide certain details
including your registration number which you have obtained as a
registered medical practitioner in India and accept the Terms and
Conditions as well as the Privacy Policy as part of the registration
process.
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You are liable and responsible to provide and share authentic,
correct, valid and proper information, certifications and documents
while registering on the Platform.
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You shall inform AHL of any update in information provided by you at
the time of registration, within thirty [30] days of such an update.
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You shall ensure adherence to all applicable laws governing the
provision of medical advice and shall not be part of any arrangement
which prohibits you from practicing medicine within the territory of
India.
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You shall ensure that you do not enter into any agreement with any
third party which restricts your ability from performing your
obligations under this Agreement.
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You shall exercise the standard of skill, care and diligence
reasonably expected of a proper, professionally qualified doctor in
using the CIE on the Platform and providing advice to your patients.
- You may use the CIE only after registering on the Platform.
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Any activity including using, accessing or browsing on the Platform
indicates your deemed acceptance and agreement to all the Terms and
Conditions and Privacy Policy. If you disagree with any part of the
Terms and Conditions or Privacy Policy, then you may discontinue
access or use of the Platform.
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Once onboarded, you are authorized to use the Platform only as long
as you have valid credentials/ certificates/ degrees/ licenses to
practice as a doctor.
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Your access to use the Platform, including the CIE, will be solely
at our discretion.
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You shall follow the Privacy Policy and Terms and Conditions
(including confidentiality obligations) in relation to the
information collected from your patients and generated by the CIE.
We will not be liable for any non-compliance with the Privacy Policy
or the Terms and Conditions.
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Except as expressly authorized under the Agreement, you will not
access, collect, use, store or transmit any data or information and
will not aggregate the information, even if anonymized. You will not
transfer, rent, barter, trade, sell, rent, loan, lease or otherwise
distribute or make available to any third party any information or
aggregate the information with any other information or data, even
if anonymized.
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You understand that the CIE on the Platform will analyze inputs of
your patients, as provided by you, including data on chief
complaints, associated symptoms, symptom attributes epcc. of your
patients inputted through a chatbot interface and offer clinical
suggestions such as differential diagnosis, lab & imaging
investigations epcc. You agree that the CIE does not offer any
confirmed medical diagnosis, treatment and other clinical
suggestions and it only acts as your assistant in your out-patient
consultations by collecting relevant information from you about your
patient and curating that information for your easy consumption.
Please further note that the CIE has been developed with artificial
intelligence as the underlying technology and therefore it may have
biases and other inherent limitations and be subject to downtime or
malfunction and you agree and understand the limitations and failure
to provide accurate information in certain circumstances. You agree
that the suggestions and information provided by the CIE must always
be confirmed with the patient and with the latest clinical and
medical protocols applicable for the treatment of your patient. You
agree to use your independent medical judgement and to independently
validate any or all clinical data of each patient which is generated
through the CIE on the Platform before providing inter alia a
medical diagnosis, issuing a prescription, or providing any other
medical/ non- medical advice to your patient. You should never
disregard your independent medical professional advice and judgement
because you are relying on information you may have read or heard on
the Platform. You shall use your sole discretion to use CIE’s
suggestions to conclude a diagnosis or recommend any treatment or
advice based on the data generated by the CIE on the Platform. In
case of an emergency, you shall advice the patient to contact any
nearby emergency services immediately. You also agree to take full
responsibility and liability under all circumstances while
consulting or advising any patient as in regular clinic practice.
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Please note that no licensed medical professional - patient
relationship is created between AHL and your patients and the output
provided by the CIE does not constitute a medical advice, diagnosis,
treatment, epcc. of any particular condition of your patients.
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You shall not post any response or act in a manner which comprises
of any derogatory language, objectionable, pornographic, and/ or
offensive content.
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You shall not carry out activities including hosting, displaying,
uploading, modifying, publishing, transmitting, storing, updating or
sharing any information on the Platform that-
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belongs to another person and where you do not have any right;
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is obscene, pornographic, paedophilic or invasive of the privacy
of another person, including bodily privacy, insulting or
harassing based on gender, racially or ethnically objectionable,
relating to or encouraging money laundering or gambling, or
promoting enmity between different groups based on religion or
caste with the intention to incite violence;
- is harmful to a child;
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infringes any patent, trademark, copyright or other proprietary
rights;
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deceives or misleads the addressee of the information regarding
the origin of the message or knowingly and intentionally
communicates any misinformation or information that is patently
false and untrue or is misleading;
- impersonates another person;
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threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign States, or public
order, or causes incitement to commit any cognizable offence or
prevents investigation of any offence or insults other nation;
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contains software virus or any other computer code, file or
program which is designed to interrupt, destroy or limit any
computer resource’s functionality;
- violates any law for the time being in force.
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You shall not advertise or promote any brand of drugs, supplements,
vaccines, or medications, in any manner whatsoever while using the
Platform.
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You shall not advertise to/ solicit patients in any manner including
without limitation by way of using social media handles (including
Facebook, Twitter epcc.), telephone/ mobile numbers, YouTube, epcc.
You shall not promote content and activities which are illegal in
nature or in violation of any applicable laws.
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You shall not upload any viruses or malware, bugs, disabling devices
or any devices that will disrupt, disable, harm, impede or otherwise
interfere with our Platform or allow unauthorized access into our
systems or hardware.
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The Platform is free for the Users to access and use subject to
these Terms and Conditions. AHL reserves all rights to charge Users
for access and use of this Platform in future.
Intellectual Property Rights
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Reservation of Rights- All rights, title and interest, including all
associated intellectual property rights in the Platform and the CIE
shall be owned by AHL.
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Ownership of data/ report- All rights, title, and interest,
including all associated intellectual property rights including any
modifications, enhancements or derivatives, in the data/
information/ report arising due to use of the CIE on the Platform
rests with us and you grant us a perpetual, world-wide, irrevocable,
transferable license to exercise all intellectual property rights in
such data/ information/ report generated by use of the CIE on the
Platform.
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Except as provided herein, this Agreement will not be construed to
grant any license under any trade secret, patent, patent
application, industrial design, trademark, copyright, mask work,
confidential process, formula, plan, computer program, data or other
valuable confidential information or know-how to you. We own and
retain all our rights, title, and interest in and relating to the
intellectual property rights in the CIE on the Platform and its use
and in any Confidential Information (as defined below), both
currently being used and that which may be developed and used in the
future.
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During the term of this Agreement, we permit you to use the Platform
for the limited purpose of testing, evaluating and demonstrating
data or case report generated through the CIE and for the purpose of
issuing prescriptions and providing consultations to your patients.
Any other use of the CIE on the Platform is strictly prohibited by
this Agreement. You shall not attempt or allow others under your
control to attempt to obtain or derive the source code or any other
information from or about the CIE through disassembly, decompiling,
reverse engineering or other means.
Confidentiality
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You shall maintain utmost confidentiality of any and all information
and materials of whatever nature that is conveyed, disclosed or
provided in relation to this Agreement by us to you or otherwise
acquired or observed by you, whether oral, written or through any
other medium including, without limitation, business, technical,
research, financial information, procurement requirements,
purchasing requirements, customer lists, sales and merchandising
efforts, marketing plans, experimental work, development, design
details, specifications, engineering, patents, copyrights, trade
secrets, proprietary information, methodologies, techniques,
skepcches, drawings, models, inventions, know-how, processes,
software programs, software source documents, methods, analysis,
studies, compilations, forecasts and the like and information, which
at the time of disclosure, is designated in writing as confidential
(“Confidential Information”).
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You shall not be liable for disclosure or use of any Confidential
Information if the same is:
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in the public domain, other than as a result of disclosure by
you in breach of this Agreement;
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lawfully received from a third party (who is not bound by any
obligations of confidentiality) without any obligation of
confidentiality; and
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independently developed by you without any use of or benefit
from the Confidential Information and such independent
development can be documented by you with written records.
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In the event that you are required to disclose any Confidential
Information under any applicable law, rule or valid order by a court
of competent jurisdiction or required by any governmental body or
regulatory/ legal authority you shall, to the extent legally
permissible, promptly and, in any event, within three [3] days,
provide us with written notice of the required disclosure, and
reasonably cooperate with us in our efforts to seek a protective
order or other appropriate remedy (in our sole discretion) to
protect the confidentiality of the Confidential Information so
requested. In the event that we fail to obtain a protective order,
or we provide you our written consent permitting such disclosure,
you may disclose the Confidential Information so requested under
this clause, only to the extent required to comply with the
provisions of the aforementioned applicable law, rule, court order
or request.
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You will not use, copy, transfer or publish any Confidential
Information for any purposes except those expressly contemplated or
authorized by us. You will take the same reasonable security
precautions as you take to safeguard your own confidential
information, but in no case less than the standard of reasonable
care. You also undertake to impose the confidentially obligations on
all directors, officers and employees or other persons who work for
or under your direction and control, and who will have access to the
Confidential Information.
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You will return all originals, copies, reproductions and summaries
of Confidential Information under your control, or confirm its
destruction in writing as requested by us.
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Notwithstanding the termination or expiry of this Agreement, you
shall continue to comply with the provisions set out in Clauses 27
to 31 above for a period of ten (10) years following the date of
disclosure of the Confidential Information.
Audit
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You hereby agree and acknowledge that we shall have the right to
audit the Platform from time to time (in our sole and absolute
discretion) for ascertaining compliance by you.
Warranties
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We disclaim all other warranties of any kind, express, implied,
statutory, or those part of any communication with you, including
without limitation, the implied warranties of merchantability,
non-infringement, title, and fitness for a particular purpose with
respect to the CIE on the Platform and its underlying technology
subject to this Agreement. Further, we disclaim all damages and
liability arising out of or in connection with the use,
interpretation, medical advice, diagnosis, line of treatment by you
while using the Platform.
Publication
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You shall not, without our prior written consent, disclose, issue
press releases or undertake publicity relating to us or the
existence or contents of this Agreement or include reference to AHL
or its affiliates to any third party or in any brochures,
advertisements, client lists or other promotional materials.
Compliance with applicable laws
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You hereby agree to abide by all the requirements under all
applicable laws, including the relevant laws for practicing medicine
including the National Medical Commission Act, 2019, Telemedicine
Practice Guidelines, 2020 (to the extent applicable) and the
applicable data protection laws including the Information Technology
(Reasonable security practices and procedures and sensitive personal
data or Information) Rules, 2011.
Indemnity
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You agree to defend, indemnify, and hold harmless AHL, its
affiliates and Apollo group companies (collectively, “Apollo
Group”), and their respective directors, officers, employees,
representatives, and agents from and against any and all claims,
actions, demands, legal proceedings, liabilities, damages, losses,
judgments, authorized settlements, tax, costs or expenses, including
without limitation, reasonable attorneys’ fees, arising out of or in
connection with any alleged or actual:
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infringement of copyright, patent, trademark, trade name, trade
secret or other proprietary or intellectual property right of
any third party by you;
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claim from a patient that your advice, diagnosis or treatment,
epcc. to the patient using the CIE on the Platform under this
Agreement has caused any product liability, adverse events,
bodily injury (including death) or has damaged (real or
tangible) personal property, including any computer systems;
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breach of any warranties (including implied warranties)
contained in this Agreement by you;
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negligence, wilful misconduct, fraud, misrepresentation,
deficiency, shortfall or violation by you of any governmental
laws, rules, ordinances, or regulations;
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breach of confidentiality and/or data privacy obligations under
this Agreement by you;
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claim that may arise as a result of your use and reliance on the
output of the CIE.
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You shall be solely responsible and shall indemnify the Apollo Group
from all claims that may arise under any applicable law due to
breach of any representations, warranties, covenants or obligations
by you of the terms of this Agreement, either in a court of law or
in any consumer forum and we shall in no way be held responsible for
the same.
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The indemnifications stated herein are without prejudice to the
indemnifications that you have provided elsewhere in this Agreement.
Limitation of Liability
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In no event shall the Apollo Group be liable to you, your patient,
any other person or any entity for any special, exemplary, indirect,
incidental, consequential or punitive damages of any kind or nature
whatsoever (including, without limitation, lost revenues, profits,
savings or business, or loss of your records or data) whether in an
action based on contract, warranty, strict liability, tort
(including, without limitation, negligence) or otherwise, even if we
have been informed in advance of the possibility of such damages or
such damages could have been reasonably foreseen by us.
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In the context of your use of the CIE on the Platform, the Apollo
Group shall not be liable for any of your acts, omissions, misuse,
malpractice, misconduct, negligence or misunderstanding of data
generated by the CIE on the Platform under any circumstance.
Further, we do not guarantee the accuracy of the output from the CIE
and you agree to be liable for any loss or liability arising out of
your interpretation of the output of the CIE.
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Since AHL is not involved in providing any medical advice or
diagnosis, it shall not be responsible for any interactions between
you and your patients.
Termination, suspension, epcc. of User’s access to the Platform
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In the event of any breach of these Terms and Conditions, we shall
take appropriate action inter alia ranging from issuing warnings to
removing you from the Platform, in our sole and absolute discretion.
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If AHL finds out that you have provided fraudulent, inaccurate, or
incomplete information, we reserve the right to immediately suspend
your access to the Platform and also to the CIE. You shall be liable
to indemnify AHL for any losses incurred by AHL as a result of such
misrepresentations.
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In case of any non-compliance with the Terms and Conditions and the
Privacy Policy, we have the right to terminate your access or usage
rights to the Platform immediately or remove non-compliant
information from the Platform or both.
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AHL reserves the right to terminate/ suspend your access to the
Platform in its sole and absolute discretion.
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The decision of AHL shall be final and binding on the issues arising
under the Terms and Conditions.
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Clauses 37-39 (Indemnity), clauses 27-32 (Confidentiality), clauses
40-42 (Limitation of Liability), and clauses 49-55 (Governing Law
and Jurisdiction) shall survive the termination / expiry of this
Agreement.
Governing Law and Jurisdiction
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The provisions of this Agreement shall be governed by and construed
in accordance with the Indian law.
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Any difference, dispute, controversy or claim (“Dispute”) arising
out of or relating to this Agreement or the breach, termination or
invalidity thereof, shall be settled by arbitration in accordance
with the provisions of the Arbitration and Conciliation Act, 1996 or
any amendments thereto.
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The Dispute shall be referred to one (1) arbitrator to be appointed
by the User and AHL (individually, “Party” and collectively,
“Parties”) mutually.
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The seat of arbitration shall be Hyderabad and any award whether
interim or final, shall be made, and shall be deemed for all
purposes between the Parties to be made, in Hyderabad.
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The arbitral procedure shall be conducted in the English language
and any award or awards shall be rendered in English. The procedural
law of the arbitration shall be the Indian law.
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The award of the arbitrator shall be final and conclusive and
binding upon the Parties, and the Parties shall be entitled (but not
obliged) to enter judgment thereon in any one or more of the highest
courts having jurisdiction. The Parties further agree (to the
maximum extent possible and allowed to them) that such enforcement
shall be subject to the provisions of the Arbitration and
Conciliation Act, 1996 and neither Party shall seek to resist the
enforcement of any award in India on the basis that award is not
subject to such provisions.
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The rights and obligations of the Parties under or pursuant to this
clause, including the arbitration agreement in this clause, shall be
under the exclusive jurisdiction of the courts located at Hyderabad.
No Agency
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No Party shall act as an agent of the other or have any authority to
act for or to bind the other, except as permitted under this
Agreement.
Severability
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If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or
unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other
provisions of this Agreement shall continue to remain in full force
and effect.
Waiver
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No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach of
the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized
representative of the waiving Party.
Changes to the Terms and Conditions
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We reserve the right to change, amend or modify these Terms and
Conditions and the Privacy Policy as we may deem necessary or
appropriate because of legal compliance requirements or changes in
our business practices, and the changes, amendments or modifications
shall be periodically communicated to you. Any activity including
using, accessing or browsing on the Platform, by you pursuant to
such modification / changes / amendments shall indicate your deemed
acceptance and agreement to all the Terms and Conditions and Privacy
Policy. If you disagree with any part of the Terms and Conditions or
Privacy Policy (including any changes, modifications or amendments
thereof), then you may discontinue access or use of the Platform.
Contact information
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In case of any questions about any part of the Agreement, please
feel free to contact us at
ciesupport@apollo247.com
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In case of any grievance or complaints in relation to the Platform,
please contact our grievance officer Chaitanya Bharadwaj who can be
contact at 080 69459059