15.2. EnsureCure collects information through the Application including, but not limited to anonymous, aggregate information (such as domain name or IP address) from all Users visiting the Application. Such information is used for the purpose of generating statistical reports about the use of the Application and not linked to any information personally identifiable to a User.
15.3. The Application may require the User to submit certain personal information, however such information submitted by the User, is only for the purpose of identifying the User using/accessing the Application.
15.4. The general information collected by Us, is used to improve the Content of our marketing materials and may be shared with our affiliates who assist in providing support for our internal operations or used by us to contact Users for marketing purposes. From time to time we may share it with other reputable organizations information to help them contact the Users for marketing purposes on our behalf. The additional personal information we require with respect to Services will be shared only with those people who need the information to perform a specific job in connection with the Services. If the User notifies EnsureCure that he/she does not wish to have this information used for further contact, EnsureCure shall remove the User from the distribution list.
15.5. We store information that we collect through log files to create a profile of our users. Log files record Internet protocol (IP) addresses, browser types, Internet Service Provider (ISP), referring/exit pages, Application and page sequences, platform type, date/time stamp, and number of clicks to analyze trends, administer the Application, track a user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. A profile is stored information detailing how individual users use the Application. It is used solely for internal purposes, to help us improve the experience of our Users. We do not share Your profile with any third parties.
15.6. We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our Users or others.
15.8. EnsureCure takes commercially reasonable precautions to protect Your information and maintain confidentiality. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We also make an effort to protect your information off-line. When registering for access to a secure area of the Application, we will ask You to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered Application and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
15.9. The use of electronic systems by EnsureCure will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
15.10. If You post information to any area of the Application that may be accessed by other Users,it is to be borne in mind that such information can be viewed by anyone with an Internet connection. Such information is not private and the same is free to be reproduced, used, disclosed and distributed to others without limitation or attribution. Any information you disclose may be used by third parties we don't control. EnsureCureis not responsible or liable in any manner whatsoever for any information you choose to submit/ post in these forums.
15.11. Upon coming across any change of personal information, the User may contact EnsureCure to correct, update or delete and deactivate our record of your personally identifiable information.
16. Fee payable by Users
16.1. You may not needtoregister or pay a fee to simply visit and view the Application.However,registration may be required for accessing certain areas of the Application and using certain functions or features of the Application. Provided, however, EnsureCure, at its sole discretion, may, at any time, charge a subscription fee, which shall be notified from time to time.
16.2. The amount of the paymentwould be notified by EnsureCure from time to time. The booking fee shall be paid by You either on the Application through a secure payment gateway or at the location of the expert/ doctor/ clinic after the Services have been availed.
16.3. The mode of payment at the Applicationmay be an online payment (third party payment gateway)and/or a cash at the time of availing Service. Further,EnsureCureat itssole discretionmay require You to make the payments or a part thereof only through the Application.
16.4. The User hereby unconditionally and unequivocally authorizes EnsureCure to: (i) use a proprietary or third party payment facility provider; and (ii) to collect any fees and/or charges payable by the Users through such proprietary or third party payment facility provider,
17. Refunds/ Changes
17.1. A registration fee, which may be charged, as and when notified by EnsureCure, will not be refundable.
17.2. The advance payment made by a User for the Services may be refundable by the expert/ doctor/clinic where booking has been made depending on the discretion of the expert/doctor/clinic.
17.3. EnsureCure shall not be a party to, nor called upon to make, any refunds in the event of any disputes between the User and experts/doctors/clinics enlisted on the Application.
17.4. In addition to the foregoing, EnsureCure will not be liable to refund any amount paid to it unless it is expressly stated at the time of payment of the relevant fees/refund policy that may be notified from time to time.
17.5. In case of discontinuation/ changes of Services by any expert/ doctor/ clinic as indicated on the Application on any account, then any fees paid by You in advance may be adjusted by way of providing You similar/ different Services from a different expert/doctor/clinic at the discretion of EnsureCure and after providing due intimation to You.
All consideration paid to EnsureCure, whether in the form of fees, or subscription charges or otherwise, shall be inclusive of all applicable taxes.
19. Limitation of Liability
19.1.1. access to and use of Application or any services offered therein or any Services offered by the enlistedexperts/doctors/clinics via the Application, including any services provided pursuant to an agreement formed independently of the Application;
19.1.2. errors, mistakes, or inaccuracies of contentuploaded, submitted or provided by EnsureCure, data, marks, information, materials, or substance of the Application;
19.1.3. any unauthorized access to or use of secure servers and/or personal information and/or financial information stored therein;
19.1.4. any bugs, virus, or the like transmitted to or through the Applicationby a third party;
19.1.5. any failed negotiations for a Service, any dispute that may arise during or after the negotiation of a service or the formation of a contract for any service or any dispute that may arise between the Users or dispute between Users and enlisted experts/doctors/clinics or dispute between Usersand third parties; and
19.2. Youacknowledge, agree and understand that EHCPL itself has no role in the execution or provision ofServices. EHCPL does not guarantee results as promised by the clinic/ doctor based on the before-after pictures posted by it on the platform. It is further clarified that notwithstanding anything contained in this agreement or any other document, agreement, heads of agreement, letters of agreement, etc., EnsureCure shall not have any liability whatsoever for any aspect of the arrangements between the User and the enlisted professionals as regards theServices offered and executed by the experts/doctors/clinics or any related aspect therein.
19.3. You agree and acknowledge that it bears sole and exclusive responsibility to check the credentials of the enlisted experts/doctors/clinicsand/or find out specific details of the Services being offered by them, and EnsureCure shall have no liability in relation thereof.
19.4. You acknowledge that before acting on any of the advice or availing Services, the Youshould confirm that such action is applicable and suitable by referring to his or her own medical practitioner or attaining the second and third opinion of other medical practitioners. Neither EnsureCure nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Application.
19.5. In any event the total aggregate liabilityof EnsureCure, or any of its associate entities/persons referenced above, arising from the use of theApplication or procurement ofServices shall not be more than the total fees actually paid to EnsureCure by a User in relation to the particular Services availed of by such a Userin accordance with the terms contained herein. Provided, however, EnsureCure shall under no circumstance, be liable if the User is merely accessing and/or visiting the Application.
19.6. Notwithstanding the terms contained herein, in any event, EnsureCureshall not be liable for any loss or damage after the expiration of 3 months from the happening of loss or the damage unless the claim is the subject of pending action or arbitration.
19.7. You acknowledge that under no circumstances, including, but not limited to, medical negligence, EHCPL or its subsidiaries, parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Application, including its materials, products, or services, or third-party materials, products, or services made available through the Application.
19.8. The development of this Application with respect to the nature of the information or data available on this Application is a continuous and ongoing process. EnsureCure disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of this Application. EnsureCuredoes not assume or purport to assume any responsibility or liability for your failure or inability to use or access this Application for any purpose. Published information or data available on this Application may not be current or up to date.