Terms & Conditions

Drspanel is the author and publisher of the internet resource www.drspanel.in and the mobile application “Drspanel”. Drspanel owns and operates the services provided through the Website.

Drspanelcreates a bridge between patient and doctors. Drspanelis providing servicesto patient to find the best doctor for treatment and consultation. At "DRSPANEL" the patient can search best doctor by either by category or by area.


Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https:// www.drspanel.in/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Drspanel. These Terms and the Privacy Policy together constitute a legalagreement (“Agreement”) between you and Drspanel in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to aMedical Practitioner (whether an individual professional or an organization) and/or similar institution wishing to be listed, or already listed, on the Website, or

i. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“User”); or

ii. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Drspanelon the Website, which are offered free of charge to the Users (“Services”), including the following:

i. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

ii. For Users: Facility to create and maintain ‘Health Accounts’; search for Practitioners by name, speciality, and geographical area, or any other criteria that may be developed and made available by Drspanel; to make appointments with Practitioners from available token in shift; the user can trace queue live; the user does not need to pay the consultation fee at the time of booking and can be paid at the place of consultancy; the user can save its medical records pertaining to the services availed through Drspanel and does not need to carry its documents; the user can either book an appointment for himself or on behalf of his family members, relatives or friends;

The Services may change from time to time, at the sole discretion of Drspanel, 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 contact@drspanel.in

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Privacy Policy, 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. 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 Drspanel.

The Agreement is published in compliance of, and is governed by the provisions of Indian law.


You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Drspanelthat 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.


The terms in this Clause 3 are applicable only to Users other than Practitioners.


3.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.2 Drspanelmay by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Drspanelservices and to build new services.

3.3 The Website allows Drspanelto have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

3.4 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

3.5 Drspanelshall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Drspanelor to any other person acting on behalf of Drspanel.

3.6 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Drspanelof any actual or suspected unauthorized use of the User’s account or password. Although Drspanelwill not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Drspanelor such other parties as the case may be, due to any unauthorized use of your account.

3.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Drspanelhas reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Drspanelhas the right to discontinue the Services to the User at its sole discretion.

3.8 Drspanelmay use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.9 During the consultation and thereafter, the User may upload the prescription/health records of the User on the account of the User for access.

3.10 Notwithstanding anything contained herein, Drspanel in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.

3.11 The User further understands that Drspanel may send such communications like text messages/email/calls before and/or after Practitioner’s consultation to User’s mobile number. However and notwithstanding anything to the contrary in this Agreement, Drspanel does not take responsibility for timeliness of such communications.


Drspanelrelevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Drspanel. Drspanelwill not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Drspanelin no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.


5.1 Drspanel collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Drspanel takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Drspanel screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

5.2 The Services provided by Drspanel 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). Drspanel does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Drspanel 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, Drspanel disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Drspanel or any User in relation to any User or services provided by such User.

5.3 The Website may be linked to the website of third parties, affiliates and business partners. Drspanel 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 Drspanel endorses the linked site. User may use the links and these services at User’s own risk.

5.4 Drspanel assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

5.5 If Drspanel determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Drspanel reserves the right to immediately suspend your access to the Website or any of your accounts with Drspanel and makes such declaration on the website alongside your name/your clinic’s name as determined by Drspanel for the protection of its business and in the interests of Users. You shall be liable to indemnify Drspanel for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Drspanel or its Users.


Drspanelenables Users to connect with Practitioners through Book facility that allows Users to book an appointment through the Website. The User can take appointment through available token in shift. The user can trace live queue.

6.1 Drspanel will ensure Users are provided confirmed appointment on the Book facility. However, Drspanel has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Also Drspanel will not be responsible if the token time shifts or changes.

6.2 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Drspanel of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

6.3 Without prejudice to the generality of the above, Drspanel is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Drspanel will not be liable for: User interactions and associated issues User has with the Practitioner; the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users; any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services; any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff; cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Drspanel shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website,


The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.


1.1 The Practitioner can appoint an attender who will have the same responsibilities and liabilities of managing appointment. The Practitioner will be responsible for all the acts of the Attender.

1.2 The practitioner should mandatorily and strictly follow the live tracking system. That similarly when collecting the information from the User the practitioner should take all precautions and provide the said details as and when required by Drspanel.

1.3 Notwithstanding anything contained herein, Drspanel in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.

1.4 In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner,Drspanelcanremove such Practitioners from the platform/Drspanel application/site;

1.5 The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User.

1.6 The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User.

1.7 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 consultation being rendered.

1.8 The Practitioner acknowledges thatifDrspanel finds the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Drspanel shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.

1.9 It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.

1.10 The Practitioner understands that when a User books a time-slot with the Practitioner for consultation, the Practitioner must comply with thetime slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.

1.11 The Practitioner acknowledges that if he changes anything in his profile regarding to his shift, place, fee etc. he must notify the Drspanel and update his profile.


9.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Drspanel. The information that is collected by Drspanel directly or indirectly from the Users and the Practitioners shall belong to Drspanel. Copying of the copyrighted content published by Drspanel on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Drspanel reserves its rights under applicable law accordingly.

9.2 Drspanel authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Drspanel Content"), are the property of Drspanel and are protected under copyright, trademark and other laws. User shall not modify the Drspanel Content or reproduce, display, publicly perform, distribute, or otherwise use the Drspanel Content in any way for any public or commercial purpose or for personal gain.

9.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.


10.1 By using this Website, you agree that any information shared by you with Drspanel or with any Practitioner will be subject to our Privacy Policy.

10.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Drspanel in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Drspanel disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Drspanel shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

10.3 Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Drspanel, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Drspanelmay contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

a. Obtaining feedback in relation to Website or Drspanel’s services; and/or b. Obtaining feedback in relation to any Practitioners listed on the Website; and/or c. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;


Drspanelmay provide Users with a free facility known as ‘Records’ on its mobile application “Drspanel” as well as its website www.drspanel.in Information available in your Records is of two types:

i. User-created: Information uploaded by you or information generated during your interaction with Drspanel ecosystem, e.g. appointment, medicine order placed by you.

ii. The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

a) Your Records is only created after you have signed up and explicitly accepted these Terms. b) Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Drspanel does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner. c) The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Drspanel is not liable for any interruption that may be caused to your access of the Services. d) The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Drspanel, you should refer to your prescription before taking any medicines. Drspanel is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Drspanel app. e) It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Drspanel is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Drspanel. f) Drspanel uses industry–level security and encryption to your Health Records. However, Drspanel does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Drspanel of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to contact@drspanel.in g) If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Drspanel assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Drspaneland its officers against any such claim or liability arising out of unauthorized use of such information. h) In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts. i) You may lose your “User created” record, if the data is not synced with the server. j) If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons. k) Drspanel is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts. l) The Health Records are shared with the phone numbers that are provided by your Practitioner. Drspanel is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner. m) Drspanel is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them. n) Drspanel has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently. o) Drspanel will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason. p) You agree and acknowledge that Drspanel may need to access the Health Record for cases such as any technical or operational issue of the User in access or ownership of the Records.


12.1 Drspanel hereby informs Users 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 does not have any right to; b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophiliac, 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) harm 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.

12.2 Users are also prohibited from:

a) violating or attempting to violate the integrity or security of the Website or any DrspanelContent; 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 Drspanel; c) intentionally submitting on the Website any incomplete, false or inaccurate information; d) making any unsolicited communications to other Users; 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 Drspanel Content or other information available from the Website; h) Framing or hot linking or deep linking any Drspanel Content. i) Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

12.3 Drspanel, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 12.1 and 12.2. Drspanel shall also be entitled to preserve such information and associated records for at least 30 days for production to governmental authorities for investigation purposes.

12.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Drspanel has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

12.5 Drspanel 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 Drspanel 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 Drspanel as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Drspanel or any person on its behalf and the User or where the User has consented to data transfer.

12.6 Drspanel respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights


13.1 Drspanelreserves 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,

13.2 Such User breaches any terms and conditions of the Agreement;

13.3 A third party reports violation of any of its right as a result of your use of the Services;

13.4 Drspanelis unable to verify or authenticate any information provide to Drspanel by a User;

13.5 Drspanelhas reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

13.6 Drspanel believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Drspanel or are contrary to the interests of the Website.

13.7 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.


In no event, including but not limited to negligence, shall Drspanel, 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 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 Practitioners to Users 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.


Drspanel may retain such information collected from Users 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.


16.1 You agree that this Agreement and any contractual obligation between Drspanel and User will be governed by the laws of India.

16.2 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 Drspanel. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Jaipur, Rajasthan. 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.

16.3 Subject to the above Clause 9.2, the courts at Jaipur, Rajasthan 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.


17.1 If a User has any questions concerning Drspanel, the Website, this Agreement, the Services, or anything related to any of the foregoing, Drspanel customer support can be reached at the following email address: contact@drspanel.in or via the contact information available from the following hyperlink www.Drspanel .in/contact.

17.2 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 at (mobile no.) and (e-mail). 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.


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 Drspanel. Any consent by Drspanelto, or a waiver by Drspanelof any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.