Terms And Condition

Terms & Conditions

A’alda Vet India Private Limited (“us”, “we”, or “DCCAH”, which also includes its affiliates) is the author and publisher of the internet re- source www.dccpets.in (“Website”) on the world wide web as well as the software and applications provided by DCCAH, including but not limited to the mobile application ‘DCC PetConnect’ (“Application(s)”).

In the event that, the Doctor with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at info@dccpets.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) bus- ness days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctor, without cancelling the appointment beforehand, the amount will not be re-funded, and treated as under the above Clause.
In the event that, the Doctor with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at info@dccpets.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) bus- ness days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctor, without cancelling the appointment beforehand, the amount will not be re-funded, and treated as under the above Clause.

NATURE AND APPLICABILITY OF TERMS
1. Please carefully go through these terms and conditions (“Terms”) and the privacy policy,
  available at https://www.dccpets.in/privacy-policy (“Privacy Policy”) and on the
  applications provided by DCCAH, before you decide to access the Website or the
  Application(s) or avail the Services (as defined below) made available on either or both
  of them. These Terms and the Privacy Policy together constitute a legal agreement
  (“Agreement”) between you and DCCAH in connection with your visit to the Website and/or
  the Application(s) and your use of the Services.
2. The Agreement applies to you whether you are:
  1. A representative or affiliate of the Patient, searching for Services through the Website (“End-User”, “you” or “User”); or
  2. Otherwise, a user of the Website and/or the Application(s) (“you” or “User”).
  3. The Agreement applies to those services made available by DCCAH on the Website or the Application(s), which are offered to the Users (“Services”), including the following:
    1. Pet Health Consultation: Consultation offered by DCCAH doctors during in-clinic visits to DCCAH centres.
    2. Tele-Health or Tele-consultation: Online medical consultation provided by DCCAH doctors.
    3. Surgery: DCCAH offers a comprehensive range of pet surgeries using the latest equipment.
    4. Pet eye-care
    5. Pet radiography
    6. Pet Dentistry
    7. Pet Vaccination
    8. Veterinary Pathology
    9. Veterinary ICU
    10. Pet Boarding
    11. Pet Grooming
    12. Pet Day care
    13. Pet Activities
    14. Any other service/activity
  4. The list of above-mentioned services may be edited and updated from time to time.
  5. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) to make appointments with DCCAH.
3. The Services may change from time to time, at the sole discretion of DCCAH, and the Agreement will apply to your visit to and your use of the Website or the Application(s) to avail the Service, as well as to all information provided by you on the Website at any given point in time.
4. The Agreement defines the terms and conditions under which you are allowed to use the Website and the Application(s) 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 info@dccpets.in.
5. By downloading the Application(s) or accessing the Website or using any other manner to access the services offered by DCCAH, you irrevocably accept all the conditions stipulated in these Terms and Privacy Policy, as available on the Website and the Applications, and agree to abide by them. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website or the Application(s) to avail the Services. By availing any Services, you signify your acceptance of the terms of the Agreement.
6. 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 and/or the Applications following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
7. You acknowledge that you will be bound by the 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 the Application(s) and avail any Services
8. Your access to use of the Website and/or the Application(s) and the Services will be solely at the discretion of DCCAH.
9. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: //!!!! list style not showing
  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000, and
  3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

CONDITIONS OF USE
1. You must be 18 years of age or older to register, use the Services, or visit or use the Website or the Application(s) in any manner. By registering on, visiting, and using the Website or the Applications and accepting these Terms, you represent and warrant to DCCAH that you are 18 years of age or older, and that you have the right, authority, and capacity to use the Website and/or the Applications and the Services available through them, and agree to and abide by the Agreement.

TERMS OF USE APPLICABLE TO ALL USERS
1. END-USER ACCOUNT AND DATA PRIVACY
  1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  2. DCCAH may by its Services, collect information relating to the devices through which you access the Website and/or the Applications, and anonymous data of your usage. The collected information will be used only for improving the quality of DCCAH’s services and to build new services.
  3. The Website and the Applications allows DCCAH to 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 Doctors and their practice.
  4. The Privacy Policy sets out, inter-alia:
    1. The type of information collected from Users, including sensitive personal data or information;
    2. The purpose, means and modes of usage of such information;
    3. How and to whom DCCAH will disclose such information; and,
    4. Other information mandated by the SPI Rules.
  5. 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:
    1. the fact that certain information is being collected;
    2. the purpose for which the information is being collected;
    3. the intended recipients of the information;
    4. the nature of collection and retention of the information; and
    5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
    6. the various rights available to such Users in respect of such information.
  6. DCCAH shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data, or information supplied by the User to DCCAH or to any other person acting on behalf of DCCAH.
  7. 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 or the Applications. 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 DCCAH of any actual or suspected unauthorized use of the User’s account or password. Although DCCAH will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DCCAH or such other parties as the case may be, due to any unauthorized use of your account.
  8. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or DCCAH has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DCCAH has the right to discontinue the Services to the User at its sole discretion.
  9. DCCAH may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
  10. DCCAH 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 Applications 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 or the Applications, User’s sole remedy is to discontinue using the Website.
  11. If DCCAH determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, DCCAH reserves the right to immediately suspend your access to the Website or any of your accounts with DCCAH and makes such declaration on the website alongside your name/your clinic’s name as determined by DCCAH for the protection of its business and in the interests of Users. You shall be liable to indemnify DCCAH for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DCCAH or its Users.

BOOK APPOINTMENT
1. {' '} DCCAH enables Users to book an appointment at its Clinic or
  Hospital or Tele-consultation through the Website and the Applications.
  1. DCCAH will ensure Users are provided confirmed appointment on the Book facility. However, DCCAH has no liability if such an appointment is later cancelled or if the Doctor is not available for appointment.
  2. If a User has utilized the telephonic services, DCCAH reserves the right to share the information provided by the User with the Doctor and store such information and/or conversation of the User with the Doctor, in accordance with our Privacy Policy.
  3. Users are allowed to provide feedback about their experiences with the Doctor, however, the User shall ensure that, the same is provided in accordance with applicable law.
  4. In case of a ‘Patient-No-Show’ (P.N.S), where the User does not show-up at the concerned DCCAH clinic/hospital or be available at the stipulated time for Tele-consultation:
    1. User’s account may be temporarily disabled from booking further online appointments on www.dccpets.in for next four (4) months, in case of, three(3) Valid PNS.
    2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Doctor in advance about the same.
  5. Following instances, solely at the discretion of DCCAH, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized:
    1. In case User responds to the PNS Communication with below reasons:
      1. Forgot the appointment
      2. Busy with other work; or such other reasons (which DCCAH at its discretion decides to be a valid reason to not show up).
      3. Where the User has booked a paid appointment and is unable to visit the Doctor, due to such genuine reasons of sickness etc. at the sole discretion of DCCAH, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.

CANCELLATION AND REFUND POLICY
1. In the event that, the Doctor with whom User has booked a paid appointment via the Website or the Applications, has not been able to meet the User due to being called away for an emergency consult or otherwise, User will need to write to us at info@dccpets.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website or the Applications will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctor, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under the above Clause.
2. Users will not be entitled for any refunds in cases where, the Doctor is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Doctor.

TELEMEDICINE
1. The terms of this entire agreement shall apply to telemedicine in the same manner that they apply to the rest of the services provided by DCCAH. However, the following terms provided under this subsection shall take precedence in the event of any ambiguity or overlap in any of the terms of this agreement.
2. Any and all Telemedicine services, or any other remote services, provided by DCCAH are not to be used in a medical emergency. DCCAH strongly advises the user to seek alternate medical help in the event of any medical emergency as Telemedicine services cannot provide the level of care and assistance that may be required in a medical emergency.
3. The user understands that all telemedicine appointments have to be prepaid with the service/consultation fee to be deposited beforehand. In the event that this fee has not been deposited any existing appointment shall stand terminated/cancelled.
4. In the event that the user does not connect for a period of 5 minutes from the start of the telemedicine appointment, then the deposited amount shall stand forfeited. A telemedicine appointment may not be shifted to another time or edited in any manner, without the explicit consent of the service provider/doctor.
5. The refund policy of DCCAH shall apply, unless the same is in contravention to these terms, in which case, these terms shall take precedence.
6. The user understands and agrees that the Doctor may or may not prescribe any medication at his/her sole judgment if it is felt to be medically appropriate. The user agrees that it is not guaranteed that the Doctor will prescribe medication in a Telemedicine consult.
7. The User is expected to be on time for the Telemedicine consult and during the consult, the Doctor may ask for more detailed tests to be performed/undertaken if he/she is of the opinion that the same are necessary.
8. The user understands and agrees that the Doctor basis the Telemedicine consult may also request a physical consult if the same is deemed necessary in the sole opinion of the Doctor.
9. The user understands that DCCAH is in no way liable or responsible for poor connectivity or disconnection, etc., that may be experienced by the user during the Telemedicine consult. In the event that the same is attributable to DCCAH, then an alternative Telemedicine consult will be set up by DCCAH.
10. The user agrees to refrain from any inappropriate, explicit, abusive language and/or behaviour and/or any harassment towards the Doctor. Further, the Doctor may at his/her option terminate the Telemedicine consult, if the same is considered inappropriate in any manner at the sole judgment of the Doctor. The Doctor shall also have the right to ask DCCAH to ban any such user from any future services and visits, Telemedicine or otherwise.
11. The user agrees to the terms of this agreement, the privacy policy and any other applicable terms, conditions, rules, regulations, etc., that may have been put in place by DCCAH and/or by any appropriate body.
12. The user understands that the Telemedicine consult may be recorded for future reference, training, to maintain the medical history and records of the pet of the user, or for any other reason deemed necessary by DCCAH.
13. The user understands that the Telemedicine consult will be based on the information, reports, etc., furnished by the user and the diagnosis by the Doctor shall depend on the same. The user shall be liable for withholding any information/facts/reports, etc. and the user absolves and indemnifies the Doctor for any diagnosis provided by said diagnosis and any result thereof.
14. The user undertakes that the Telemedicine consult is at the option and request of the user.
15. DCCAH undertakes and agrees to be governed by and follow all applicable laws and to maintain compliance of the same at all times.

DCC CLUB MEMBERSHIP
1. All DCC memberships are for a fixed period of time and shall lapse at the end of the period. The memberships are not recurring or automatically renewable.
2. You may purchase a DCC membership for THREE (3), SIX (6) or TWELVE (12) months* for your dog, cat or any other small companion animals.
3. Each DCC membership is strictly limited to ONE pet only, and is not transferrable to any other pet or pet-parent.
4. Any DCC membership, once purchased, is strictly non-cancellable and non-refundable. Once purchased, the membership remains active for the entire duration and terminates only upon expiry.
5. The procedure for appointments under the membership shall be the same as any other appointment, i.e., through www.dccpets.in , or through DCC PetConnect App on Android and iOS or via communication with front office staff over a call on the official number +91 9311560101
6. 15% discount on tests is not applicable to the following vet tests and other tests: Canine Direct Antiglobulin Test (Coombs Test), Canine Blood Typing Test, Serum based allergy testing (91 ALLERGENS) - Spectrum Lab USA, Serum allergy food panel test (24 Allergens), Rabies Titre certification (Overseas travel), Feline Blood Typing Test, Endoscopy.
7. DCC/ A’ALDA reserves the right to terminate your membership in the event of breach of any customer policy.
8. Any and all disputes pertaining to or arising out of the membership shall be governed by the courts in Gurugram, Haryana/ New Delhi.
9. DCC/ A’ALDA has the right to update the membership policies and any conditions applicable thereto at any time without issuing any prior intimation to the member/ customer.

DISCLAIMER
1. It is hereby expressly clarified that, the Information that you obtain or receive from DCCAH, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website and the Applications is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
1. The contents listed on the Website and the Applications are (i) User generated content, or (ii) belong to DCCAH. The information that is collected by DCCAH directly or indirectly from the End- Users shall belong to DCCAH. Copying of the copyrighted content published by DCCAH on the Website or the Applications for any commercial purpose or for the purpose of earning profit will be a violation of copyright and DCCAH reserves its rights under applicable law accordingly.
2. DCCAH authorizes the User to view and access the content available on or from the Website or the Applications solely for booking appointments and communicating only as per these Terms. The contents of the Website or the Applications, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content (collectively, “DCCAH Content”), are the property of DCCAH and are protected under copyright, trademark, and other laws. User shall not modify the DCCAH Content or reproduce, display, publicly perform, distribute, or otherwise use the DCCAH Content in any way for any public or commercial purpose or for personal gain.
3. User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

RECORDS
1. DCCAH may provide End-Users with a free facility known as ‘Records’ on its Website and the Applications. Information available in your Records is of two types:
  1. User-created: Information uploaded by you or information generated during your interaction with DCCAH ecosystem, eg: appointment, medicine order placed by you.
  2. Practice-created: Health Records generated by your interaction with a DCCAH Doctor.
2. Your Records is only created after you have signed up and explicitly accepted these Terms.
3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, DCCAH is not liable for any interruption that may be caused to your access of the Services.
4. 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. DCCAH is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with DCCAH.
5. DCCAH is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
6. DCCAH is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in the Health Records whatsoever.
7. DCCAH 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.
8. DCCAH will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
9. You agree and acknowledge that DCCAH may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

RESPONSIBILITIES OF USERS
1. Users are prohibited from:
  1. violating or attempting to violate the integrity or security of the Website or Applications or any DCCAH Content.
  2. 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 DCCAH.
  3. intentionally submitting on the Website any incomplete, false or inaccurate information;
  4. 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;
  5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  6. copying or duplicating in any manner any of the DCCAH Content or other information available from the Website.
  7. framing or hot linking or deep linking any DCCAH Content.
  8. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  9. recording any Tele-consultation session with a doctor, conducted over cellular or internet call or through other online meeting platform such as Zoom, Google Meet, Cisco Webex, etc.
2. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DCCAH 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.
3. DCCAH 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 DCCAH 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 DCCAH as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between DCCAH or any person on its behalf and the User or where the User has consented to data transfer.
4. DCCAH respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

TERMINATION
1. DCCAH reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
  1. Such User breaches any terms and conditions of the Agreement;
  2. A third party reports violation of any of its right as a result of your use of the Services;
  3. DCCAH is unable to verify or authenticate any information provided to DCCAH by a User;
  4. DCCAH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  5. DCCAH believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for DCCAH or are contrary to the interests of the Website.
2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website or the Applications 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 or the Applications by such User. The User shall ensure that he/she has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

LIMITATION OF LIABILITY
1. In no event, including but not limited to negligence, shall DCCAH, or any of its doctors, 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 Applications or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  1. any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website.
  2. any unauthorized access to or alteration of your transmissions or data; or
  3. any other matter relating to the Website or the Service.
2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Agreement or a User’s use of the Website, the Applications or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
3. The Protected Entities shall not be liable for any error in diagnosis, delay in providing the service or deficiency in Service through Tele-consultation due to the occurrence of sub-optimal technical conditions (including without limitation, poor network connectivity, power shutdown, service downtime, scheduled maintenance work by the internet service providers).
4. The Protected Entities will not be responsible for any misunderstanding or misinterpretation of any advice given by the doctors during the Tele-consultation service.
5. The Protected Entities shall not be liable for any symptoms occurring after the Tele-consultation that could not be detected previously.

RETENTION AND REMOVAL
1. DCCAH may retain such information collected from Users from its Website or Applications 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.

APPLICABLE LAW AND DISPUTE SETTLEMENT
1. You agree that the Agreement and any contractual obligation between DCCAH and User will be governed by the laws of India.
2. Any dispute, claim or controversy arising out of or relating to the Agreement, including the determination of the scope or applicability of the Agreement to arbitrate, or your use of the Website and/or the Applications or the Services or information to which they give access, shall be determined by arbitration in India, before a mutually appointed arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. 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.
3. Subject to the above Clause, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to the Agreement, your use of the Website and/or the Applications or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER
1. If a User has any questions concerning DCCAH, the Website, the Applications, the Agreement, the Services, or anything related to any of the foregoing, DCCAH customer support can be reached at the following email address: info@dccpets.in or via the contact information available from the Website or the Applications.
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 our Grievance Officer at:
  Name: Shiv Whorra
  Phone:+91-9810622345
  Email: shiv.whorra@aalda.in{' '}
3. 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.

SEVERABILITY
1. 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 the 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.

WAIVER