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ARBITRATION
Any dispute or controversy arising out of or concerned
with this Policy shall be referred for adjudication to a
Sole Arbitrator to be appointed by ATHARVEDA HEALTHCARE
PRIVATE LIMITED the said Sole Arbitrator may be an
employee or ex-employee of ATHARVEDA HEALTHCARE PRIVATE
LIMITED or any of its sister/associates concern(s). You
hereby approves of and grants your consent to this .The
Sole Arbitrator shall follow the procedure as provided
for in the (Indian) Arbitration & Conciliation Act,1996
as amended from time to time and the award by the Sole
Arbitrator shall be final & binding upon the parties.
The seat of Sole Arbitrator shall be at Mumbai and all
proceedings shall be conducted in English.
GOVERNING LAW AND JURISDICTION
This Terms of Servces shall be governed by and
constructed in accordance with the laws of India without
reference to conflict of law principles.
Subject to the Arbitration Clause above, the Courts of
competent jurisdiction at Mumbai only shall have
exclusive jurisdiction over the subject matter.
If any provisions(s) of this terms of service is held by
a court of competent jurisdiction to be contrary to
applicable law, then such provision(s) shall be
construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions
remaining in full force and effect.
Gift a Health’s failure to exercise or enforce any right
or provision of this terms of services shall not
constitute a waiver of such right or provision unless
acknowledged and agreed to by Gift a Health in writing.
The section titles in this terms of services are solely
used for the convenience of the parties and shall not be
taken into account for the purposes of interpretation or
construction.
If any term or provision of this Agreement or the
application to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term or
provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall
not be, held invalid.
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