Disclaimers

21. Disclaimers

21.1. EnsureCure disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).

21.3. EnsureCure makes it clear that throughout the Application, there may be provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither EnsureCure nor its parent or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Application or on Applications linked to by us on the Application.

21.4. The User must provide and is solely responsible for all hardware and/or software necessary to access the Application. The User should assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

21.5. EnsureCure makes it clear that if there is a dispute between Users of the Application, or between a User and enlisted professionals, or between a User and any third party, it would be under no obligation to become involved, and the User agrees to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Application.

22. Intellectual Property Rights

22.1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EnsureCure owns and reserves all Intellectual Property Rights in all text, programs, products, processes, technology, content and other material, which appear on this Application.

22.2. Access to this Application does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party intellectual property rights. All rights, including copyright, in this Application are owned by or licensed to us. Any use of this Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior written permission.

22.3. You may not modify, distribute or re-post anything on this Application for any purpose, the EnsureCure names and logos and all related product and service, names, design marks and slogans are the trademarks or service marks of EHCPL. All other marks are the property of their respective companies and you shall trademark or service mark license is granted to you in connection with the materials contained on this Application. Access to this Application does not authorize anyone to use any name, logo or mark which appear on the Application in any manner. References on this Application to any names, marks, products or services of third parties or hypertext links to third party Applications or information are provided solely as a convenience to You and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

22.4. We are not responsible for the contents of any third party Applications and do not make any representation regarding the content or accuracy or material on such Applications. If you decide to link to any such third party Applications, You do so entirely at your own risk. All Content available on the Application, is intended solely for personal, non-commercial use.

22.5. You may download or copy the Contents and other downloadable materials displayed on the Application for your personal use only. No rights, title or interest or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Application or any related software.

22.6. All software used on this Application is the property of EHCPL or its suppliers and licensors and protected by Indian and international copyright laws. The Contents and software on this Application may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Application is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademark, trade dress and / or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Application is the exclusive property of EHCPL and is also protected by Indian and International copyright laws.

23. Suggestions and Feedback

23.1. If You send or transmit any communications, comments, questions, suggestions, or related materials to EnsureCure, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Application, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and EnsureCure is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions. You agree and acknowledgethat EnsureCure is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

23.2. As a participant on the Application, You agree to use careful, prudent, and good judgment while leaving feedback for an enlisted professional. The following actions constitute inappropriate uses of feedback: (a) threatening to leave negative or partial feedback for an enlistedprofessional unless its services are not up to the mark; and (b) leaving feedback in order to make the enlisted professional appear better than he or she actually is or was.

23.3. EnsureCure reserves the right to: (i) cancel your Suggestions/feedback; (ii)any of your postings; (iii) limit your account privileges; and/or (iii) suspend or terminateyour accountwith or without cause and with or without notice, for any reason in accordance with the terms contained herein.

23.4. In any event, notwithstanding the above, if there is any dispute between the Users and/enlisted professionalsand EnsureCure concerning the Suggestions/feedback,EnsureCureshall be the final arbiter of such dispute.

23.5. In addition to the above,EnsureCure has the right in its sole discretion to remove any Content,including any feedback or Suggestion, or take any action as it deems reasonable without incurring any liability whatsoever.

23.6. You may contact EnsureCureany inappropriate use of Suggestion/feedback via-email at support@EnsureCure.com.

24. Force Majeure

The User agrees that EnsureCure shall have no liability, whatsoever, for any interruption or delay in the services offered by it in whole or in part by reason of any act, event, circumstance or a combination of acts, events and circumstances beyond itsreasonable control and without its fault or negligence such as technical issues terrorism, strikes, lockouts, acts of God, acts of war and other such similar events.

25. Advertisement

You should note that aspects of the Application may be supported by advertising revenue. As such, EnsureCure may display advertisements and promotions on its Application. EnsureCureshall not be liable for any claim, error, omission and/or inaccuracy in advertising material. The manner, mode and extent of advertising by EnsureCure on the Application are subject to change and the appearance of advertisements on the Application does not necessarily imply endorsement by EnsureCureof any advertised products or services. You agree that EnsureCure shall not be responsible or liable for any claim, error, omission and/or inaccuracy in advertising or for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Application.

26. Refusal of Serviceor Access to Application

26.1. EnsureCurereserves the right, at its sole discretion, to suspend, discontinue or cancel anyService or deny access to or use of theApplication at any time for any reason whatsoeverincluding but not limited to addressing any technical problem caused by a computer virus, bug, or other technical problem, or for proper administration of the Applicationor violation of this the Terms of Use, Privacy Policy or other policy of EnsureCure.

26.2. The User agrees that EnsureCure, in its sole discretion, may suspend or terminate the User’s password or account (or any part thereof) and restrict the use of the Application, or any part thereof, and remove and discard any materials that the User may submit to the Application, at any time, for any reason, without notice.

26.3. The User agrees that EnsureCure will not be liable to the User or any third party for any suspension or termination of his password, account or use of the Application or any part thereof, or any removal of any materials that the User may have submitted to the Application.

26.4. In the event that EnsureCure suspends or terminates the User’s access to and/or use of the Application, the User will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination.

27. Modificationsto or Discontinuation of the Application

27.1. EnsureCure reserves the right at its sole discretion, at any time, to modify or discontinue, temporarily or permanently, the Application, Terms of Use (including any document incorporated herein by reference), or any part thereof, with or without notice. EnsureCureshall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Application, Terms and Conditions (including any document incorporated herein by reference) or any part thereof.

27.2. EnsureCuremay amend the Terms of Use at any time by posting a revised version on the Application. It is hereby clarified that all updates and amendments shall be notified only via posting of the amended Terms of Use on Application, and that there shall be no separate notification which shall be provided to You. Please ensure that You periodically update yourself with the current version of the Terms of Use. The updated Terms of Use will be effective at and from the time EnsureCure posts it on the Application.

28. No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of this Terms of Useor your use of any part of the Application or any agreement that may be executed between the User and the experts/doctors/clinics enlisted on the Application. You do not have any authority whatsoever to bind EnsureCurein any respect.

29. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

30. Assignment

Your right to access, or use the Application, or your subscription cannot be assigned, sold or transferred in any manner to any other person, corporate body, firm or individual. EnsureCure may at its sole discretion assign this Terms of Use at any point of time.

31. Applicable Laws &Jurisdiction of Courts

The use of this Application and any Term and Conditions, Privacy Policy or any other document stated in this Terms of Use or executed pursuant hereto is subject to the laws of India. In case of any disputes arising out of the use of the Application, the Courts of Delhi will have exclusive jurisdiction.

32. Dispute Resolution

32.1. If any dispute arises between You and EnsureCureduring your use of the Application or, in connection with the validity, interpretation, implementation or alleged breach of any provision of thisTerms of Use or the documents incorporated by reference (except for any dispute which may arise under or in connection to;‘Suggestions and Feedback’), the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party appointed at the time of such dispute having arisen, by EnsureCure. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, as amended from time to time, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

32.2. Notwithstanding the foregoing, You agree that EnsureCure itself does not have any role in the execution or provision of Services listed by theexperts/doctors/clinics enlisted on the Application, and hence EnsureCure shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings.

32.3. EnsureCure in special circumstances may refer/shift You for availing Services to another enlisted professional. The circumstances may include shifting the place of residence of the User, shifting of place of office of enlisted professional, expiry/termination of certificate of practice of an enlisted professional.

32.4. If there is a dispute between the Users or between the Userand the experts/doctors/clinics enlistedon the Applicationor any User or third party, You acknowledge and agree that EnsureCureis under no obligation to become involved.

33. Grievance Officer

In compliance and in accordance with theIT Act and rules made there under, the name and contact details of the Grievance Officer are published on the Application.

34. Report Abuse

If Youcome across any abuse or violation of this Termsof Use, please report to support@EnsureCure.com