This Terms and Condition for Use of www.Ayukrt.com website and any of its subdomains, platforms and the ‘Ayukrt’ mobile applications or computer software (collectively the ‘Electronic Medium') is a legal agreement ('Agreement') between you, the user (“User”, “You”)
Ayukrt Innovation Private Limited, a private limited company incorporated in India, (hereinafter referred to as 'Ayukrt, 'Our', 'Us', 'We') providing, among other things, the terms and conditions for your use of subscription services, primarily a web based software and integrated mobile based applications hosted and managed remotely on the Electronic Medium for carrying out the following, with modifications from time to time, as Ayukrt may deem fit
Providing online storage for personal medical data; and
Connecting patients and doctors through the Electronic Medium;
Providing patients with option to seek online consultancy by connecting them with doctors through the Electronic Medium
(all of the above, collectively being referred to as 'Services').
It being clarified that all through these terms, the reference and use of the words “User”, “You” (and other grammatical variations thereof) shall mean and refer to either of (i) the customer / patient, (ii) doctor / medical practitioner / pharma company, as may be applicable to you on a case to case basis and the same shall be read and interpreted to become applicable on each one of the above, accordingly and depending on the context thereof.
AYUKRT has the discretion to update this Terms at any time. We encourage Users to frequently check this page for any changes to stay informed about the Terms. You acknowledge and agree that it is your responsibility to review the Terms periodically and become aware of modifications. You shall be bound by the same on your participation in such services or programs. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
Grant of right to use the Electronic Medium
This agreement applies to you whether you are a medical practitioner, health care provider, a patient, his / her representative or affiliate, a pharmaceutical company or any other user of the Electronic Medium.
You must be 18 years or older to use this Service.
Login to your account may only be used by one person – a single login shared by multiple people is not permitted.
You agree not to share your username and password with other people. You are responsible for maintaining the confidentiality of your Service account and password. It is your responsibility to notify Ayukrt if you believe your username or password have been compromised or used in an unauthorized manner either with or without your knowledge. You are solely liable for any losses incurred to Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the Service for any fraudulent or inappropriate purpose.
You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
You are responsible for obtaining any equipment and mobile or communication services necessary to access our Services or Websites and for paying any fees for the equipment and service You select. We will not be liable for any damages to Your equipment resulting from the use of the Services or Websites
You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Ayukrt.
Ayukrt may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Ayukrt reserves the right to refuse service to anyone for any reason at any time (including but not limited to for reasons of breach of the Terms, non compliance with applicable law or otherwise).
If you cancel or terminate your Service, all of your content, data, information, text, files, documents and images will be deleted from the Service.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed thereunder, 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”).
A condition of the User’s use of and access to the Electronic Medium available through the Website or otherwise provided by Ayukrt is the User’s acceptance of this Agreement and the Services provided here under. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website / Electronic Medium immediately and immediately discontinue use of all Services.
Multiple people are not permitted to share the same/single log-in on any of the Electronic Medium.
Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Service uses the Services, and for ensuring that all of your such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.
As a medical practitioner who is providing consultation to the patients using the Electronic Medium, you ensure that you will not knowingly or unknowingly authorize or allow, or continue to allow any person to use the Services and the Electronic Medium on your behalf. All advisory, consultation, diagnosis, prescription etc. shall be given / undertaken by you personally and not sourced out to any other person. Any inappropriateness, inadequacy, delay, mistake, wrongdoing, etc. in providing the consultation and the Services by a medical practitioner shall be solely at your risk and consequence and Ayukrt shall not be held responsible for any claims, demands, damages etc. suffered by any patient or customer due to any breach of service, medical negligence, wrong medication, wrong / improper consultation, wrong / improper advice, service deficiency misconduct etc. in providing of the Services by the medical practitioner.
As a medical practitioner, all advises, consultations, services provided through the Electronic Medium, shall be attributable directly to the medical practitioner from whose Electronic Medium the advice, consultation has been sent.
The SMS reminders provided by the Ayukrt is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. Ayukrt is not liable if for any reason the SMS reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.
Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Electronic Medium (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship between Ayukrt and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified medical practitioner.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
Collection and disclosure of Sensitive Personal Data
We and our authorized third parties may collect different types of Personal Information and Sensitive personal Data Or Information, as required under laws and regulation and also based on your desire to use the Services.
This Personal Information and Sensitive personal Data Or Information collected, handled and dealt by us may include, amongst other things:
Information that allows Ayukrt to provision the desired Services and to communicate with you and comply with current legal and regulatory requirements. This information may include but not limited to:
Personal Information: Your name, Age, Gender, Date of Birth, Photographs, Password to Ayukrt Customer Portal, etc.
Contact Information: Your address, Telephone numbers, Email id etc.
Health Information: Your Height, Weight, Illness/diseases, Medical Test Reports, medical history etc.
Other Information: any of their information that may be considered as a Sensitive Personal Data or Information, as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, as amended from time to time.
Other Information may be collected in the form of various surveys which you agree to participate in or provide other feedback to us regarding our products or services; when you register to receive news or public policy updates or when you apply for a job through our website; subscription enquiries through our web site.
In case you do not provide your information or consent for usage of personal information or later on withdraw your consent for usage of the personal information so collected, Ayukrt reserves the right to discontinue/cancel the Services for which, the said information was sought.
We may disclose and/or transfer your Personal Information and/or Sensitive personal Data or Information at times to third parties. We may disclose and/or transfer your information to:
Other companies that provide services directly to you on our behalf or provide services to us by collecting, receiving, processing, storing, dealing or handling your information. To enable them to do this, we may need to share your personal information and/or Sensitive personal Data or Information with them.
anyone we transfer our business to in respect of which you are a customer or a potential customer;
to any other entity or organization in order for them to understand our environment and consequently, provide you with better services;
to any of our business associates and / or third parties for the purposes of providing you the services or otherwise for any purpose that we may deem necessary in Ayukrt’s economic interest.
THE USER HEREBY EXPRESSLY AND WILLINGLY CONSENTS TO AND GIVE PERSMISSION TO AYUKRT TO USE AND DISCLOSE THE PERSONAL INFORMATION AND THE SENSITIVE PERSONAL DATA OR INFORMATION OF THE USER’S AS PROVIDED IN CLAUSE ABOVE.
The Electronic Medium accepts online consultation requests for all medical practitioners listed and associated with Ayukrt. However, it is possible that some consultation requests do not reach the medical practitioners at all or in a timely manner due to technical or operational reasons including but not limited to cases when medical practitioners do not respond to requests for consultation sent by th e patients through the Electronic Medium or when medical practitioners do not read or access the Electronic Medium in timely manner. Ayukrt shall have no liability or responsibility in this regard.
Ayukrt reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Ayukrt reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
A valid credit card, debit card, internet banking facility, Payu account is required for paying accounts, unless otherwise specified. Free accounts, if any are not required to provide a credit card number.
The Service is billed in advance ('Fees', 'Fee') on lump sum basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused Services. Ayukrt reserves the right to terminate or suspend an account for non-payment of subscription dues.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, legal compliances, statutory registrations and reporting. Service Tax of 14% or as may be applicable under law, will be levied on every purchase.
Payment Method shall be
Online: The Fees could be paid online through the facility made on the Electronic Medium. Third parties support and services are required to process online fee payment. We are not responsible for any loss or damage caused to you during this process as these third parties are beyond the control of Ayukrt.
Physical: only in case of a medical practitioner or a pharmaceutical company, by way of a cheque, demand draft, RTGS, NEFT or any other mode of banking channel.
Payments (“Consultation Fees”) for the consultation provided by a medical practitioner to a patient /customer through the Electronic Medium will be collected by Ayukrt directly from patient and subsequently at the end of the month, the same shall be aggregated and the relevant amount, after deduction of service charges to be paid to third party shall be disbursed to the medical practitioner.
In the event there is any unpaid Fee that the medical practitioner is required to pay to Ayukrt, Ayukrt reserves the rights to deduct such unpaid Fees from the Consultation Fee before releasing the Consultation Fees to the medical practitioner.
Cancellation and Termination
You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an email to customer care with your intent of cancellation. There is no cancellation fees required.
All of your Content will be deleted from the Service upon cancellation. We shall have no obligation to maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in Our systems or otherwise in Our possession or under Our control.
There will be no refund if you cancel at any time after activating it.
Ayukrt may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
Ayukrt does not accept any liability of loss of Content by downgrading your Service.
Intellectual Property Rights
Ayukrt authorizes the User to view and access the content available on or from the Electronic Medium solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Electronic Medium, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Ayukrt Content"), are the property of Ayukrt and are protected under copyright, trademark and other laws. User shall not modify the Ayukrt Content or reproduce, display, publicly perform, distribute, or otherwise use the Ayukrt Content in any way for any public or commercial purpose or for personal gain.
You agree that Ayukrt owns all rights to the code, databases, visual-design and layout, including all files and images contained in or generated by the software, and accompanying data, of the Service.
Patients’ / Medical Practitioners / Pharmaceutical companies personally identifiable information they choose to provide on the Electronic Medium is used to help the Patients / Medical Practitioners / Pharmaceutical companies describe/identify themselves. Other information that does not personally identify the Patients / Medical Practitioners / Pharmaceutical companies as an individual, is collected by Ayukrt from Patients (such as, patterns of utilization described above) and is exclusively owned by Ayukrt. Ayukrt may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If Ayukrt wishes to use any Patients’ / Medical Practitioners / Pharmaceutical companies personal data for a new purpose, it will seek Patients’ / Medical Practitioners / Pharmaceutical companies permission before doing so.You would not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.
You would not resell, duplicate or reproduce or exploit, nor decompile, reverse-engineer, disassemble, or otherwise convert any part of the Service without the written consent permission of Ayukrt.
You would not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission of Ayukrt.
You would not transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component to the Services.
You would not remove any copyright, trademark, or other proprietary rights notices contained in the Services.
You would not frame or “mirror” any part of the Services without Our prior written consent.
You would not harvest or collect information about Website visitors or members without their and Our express written consent.
You may not access the Services if you are Our competitor (whether directly or indirectly), except with Our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
While we welcome Your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If You send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), You agree that: (1) Your unsolicited ideas become the property of Ayukrt and You are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Ayukrt may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Ayukrt to review Your unsolicited ideas; (5) Ayukrt has no obligation to keep any unsolicited ideas confidential; and (6) Ayukrt will have the right to reproduce, modify, publish, edit, translate, distribute, perform and display the unsolicited ideas alone or as part of other works in any form, media, or technology whether now known or hereafter developed. If for some reason, any part of the foregoing statement does not work as a matter of law, then for any unsolicited ideas which You supply to us, from whatever source (via email, the Websites or otherwise), You grant us a royalty free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute world-wide any such material, and the ability to sublicense such rights through multiple tiers of sub licensees.
Warranties and Liability
Ayukrt does not warrant that the Service will meet your requirements or expectations and cannot assure you of accessibility or availability of the Services at all times but would strive for an uptime of 99.99%.
Ayukrt shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:
planned downtime (of which We shall give at least 8 hours notice via the Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or
any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays.
Our Services may be subject to limitations, such as, for example, limits on disk storage space, on the number of calls/SMS you are permitted to make against our application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of users or accounts. Any such limitations are specified in the User Plans.
You expressly understand and agree that Ayukrt shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ayukrt has been advised of the possibility of such damages), resulting from your usage of the Service.
Limitation of Liability.
IN NO EVENT SHALL AYUKRT BE LIABLE TO YOU, ANY OTHER USER OF THESE ELECTRONIC MEDIUM OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR BREACH OF DUTY.
THE ABOVE MENTIONED LIMITATIONS ON AYUKRT’S LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT AYUKRT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU.
Ayukrt is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the medical practitioner you interact with, pursuant to any interactions on the Electronic Medium. If you decide to engage with a medical practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Electronic Medium for medical practitioners should not be construed as an endorsement by Ayukrt of any such particular medical practitioners. Ayukrt shall not be responsible for any breach of service, medical negligence, wrong medication, wrong / improper consultation, wrong / improper advice, service deficiency misconduct etc. by any medical practitioners. We cannot assure nor guarantee the ability or intent of the medical practitioners to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
By using our Services, You agree to indemnify, hold harmless and defend Ayukrt, its subsidiaries, any holding companies of Ayukrt and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of our Services.
While Ayukrt makes every feasible effort to ensure that the doctors / medical practitioner from whom a consultation has been requested on the Electronic Medium, provide appropriate and adequate consultancy and counseling. Ayukrt does not guarantee nor will Ayukrt be liable for any failure, lack, and inadequacy on part of any doctor / medical practitioner in providing appropriate and adequate consultancy and / or counseling.
While Ayukrt makes every feasible effort to ensure that the doctors / medical practitioner from whom counselling has been requested on the Electronic Medium, provide timely Services and the Services so offered are in conformity with the payments made by the Users. Ayukrt does not guarantee nor will Ayukrt be liable for any delay or discrepancy on part of any doctor / medical practitioner in providing timely and adequate consultancy and / or counseling.
While Ayukrt makes every feasible effort to ensure that the pharmaceutical companie(s) deliver the medicines and drugs as per the order and request placed by YOU on the Electronic Medium. However, Ayukrt shall not be responsible or liable for any failure on part of any pharmaceutical company to the deliver the medicine / drug timely or as may be ordered / requested by YOU.
Your use of the Service is at your sole risk. You acknowledge, understand and agree that Ayukrt provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
You understand that Ayukrt uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service. The Electronic Medium may be linked to the website of third parties, affiliates and business partners. Ayukrt has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Electronic Medium. Inclusion of any link on the Website does not imply that Ayukrt endorses the linked site. User may use the links and these services at User’s own risk.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with the Service or Ayukrt.
Verbal, physical, written or other abuse of any Ayukrt customer, employee, member, or officer will result in immediate account termination and legal action.
You must not upload, post, or transmit unsolicited email or “spam” messages or otherwise any material that is illegal, pornographic, abusive or obscene.
You agree to defend, indemnify, and hold harmless Ayukrt its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
You agree to receive administrative and legal notices about the Service electronically via email or snail mail.
Ayukrt may at its sole discretion send you a hard copy of this agreement to get an official, authorized signature.
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 Ayukrt. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.
Subject to the above Paragraph 82, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Electronic Medium or the Services or the information to which it gives access.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Neither these Terms of Service nor the licenses granted herein are transferable by You without the prior written consent of Ayukrt, which may be granted or withheld in Ayukrt’s sole discretion. These Terms of Service shall inure to the benefit of the parties and their successors and permitted assigns.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to acceptance by You of these Terms of Service, except as expressly stated in these Terms of Service.
Without prejudice to any provision contained herein, Ayukrt shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver the Services due to any cause beyond Ayukrt’s control, including and without limitation, acts committed by You, embargo or other governmental act, regulation or request affecting the conduct of Ayukrt’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of god.
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 medical practitioners or other healthcare professionals. The role of Ayukrt in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Ayukrt 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. Ayukrt shall not be liable to pay any consideration to any user for publishing any content across any of its platforms.
If any provision of the Term 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 Term and the remainder of the Term 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.