Terms & Conditions Ensurecure

Terms & Conditions

Welcometo EnsureCure mobile application (“Application”). This Applicationis anonline service portal owned and operated byEnsure Cure Health Care Services Private Limited (“EHCPL”), a company incorporated under the Companies Act, 2013, having its registered office at 08, Ground Floor, Kamladeep Apartment, Tagore Nagar, Govindpuri Gwalior, MP- 474011 India.

1. Preamble

EnsureCure is a curated marketplace for products and aesthetic servicesincluding but not limited to treatments and procedures related to dermatology, dentistry, gynecology, ophthalmology with focus on aesthetic solutions(hereinafter referred to as “Services”). We provide a platform for booking appointments with the Clinics enlisted with Us for availing the Services. You agree, understand and acknowledge that the Application is an online platform that enables You to avail Services listed with Us at the price indicated therein at any time from any location. You further agree and acknowledge that EnsureCure is only a facilitator and is not and cannot be a party to or control in any manner any transactions on EnsureCure. Accordingly, the contract of sale of Services on the Application shall be a strictly bipartite contract between You and the experts/doctors/clinics enlisted with Us.Any person visiting, accessingor usingthe Services offered thereinat EnsureCure whether through computer or mobile (hereinafter referred to as “User”/“You”), shall be deemed to haveunconditionally accepted all of the terms, conditions and notices contained in this Terms of Use, Privacy Policy and any other policy/document incorporated by way of reference, including any amendments/ addendums etc.,madefrom time to time by EnsureCure at its sole discretion and posted on the Application portal.

2. Coverage

It is hereby clarified that for the purposes of this Terms of Use, Privacy Policy and any other document and policy incorporated by reference herein, the term “User”/ “You” means any person (natural or legal) who visits, accesses and uses the Application for whatever purposes.EnsureCure intends toenable Users to connect with,and procure services or products from Clinics enlisted with Us.

3. Document

This document is to be treated as an electronic record, within the meaning accorded to it under the Information Technology Act, 2000 (hereinafter referred to as the “IT Act”) and the rules made thereunder as applicable, which may be amended from time to time. This document is published pursuant to the compliance requirementsunder Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IT Intermediaries Guidelines”), which require publishing the rules and regulations, Privacy Policy and user agreement for access or usage of the Application.

4. Acceptance ‘As Is’

4.1. By accepting this Terms of Use, you warrant that you have fully read and understood it without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. This Terms of Use together with our Privacy Policy as provided on the Application (“Privacy Policy”) govern your usage of the Application. If you disagree with any part of this Terms of Use, please do not use the Application.

4.2. By visiting, accessing, using or registering on this EnsureCure, Youunconditionally accept to be bound by the Terms of Use, Privacy Policy, and any other document/policy incorporated by reference provided herein as provided on the Application, which together govern your access and usage of the Application. You authorise the transfer of payment requested in accordance with the terms contained herein.You agree and confirm that the Terms of Use may be amended from time to time without prior notice. Please ensure that You periodically update yourself with the current version of the Terms of Use. Your continued access of the Application whether automated or otherwise, will signify your unconditional consent to and acceptance of the Terms of Use including any modifications made from time to time, if any. If You disagree with any part of this Terms of Use (including any modifications made from time to time), please do not use the Application; and/or discontinue viewing or using this Application immediately.

4.3.EnsureCure and/or its employees thereof accept no responsibility for any legal or financial consequences or outcomes related to information, advice or recommendation provided vide the Application and the consultancy or treatment provided by the enlisted professionals.The information available on the Application is being provided on an ‘As Is Basis’.

4.4. Any information of the experts/ doctors/ clinic provided by Us or advice provided by the experts/doctors enlisted with Us should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment or avail Services.

4.5. It is not EnsureCure’s responsibility to ensure that your use of the Application complies with all local laws applicable within your country.Further, by using this Application and/or submitting information including any personally identifiable information on the Application, You hereby expressly consent to the transfer of such data to India, and to the processing of such data on EnsureCure’sIndian servers, where your data will be governed by laws applicable within India that may provide a level of data protection and entail other compliances different from your country.

4.6. You agree and acknowledge that unless expressly stated in writing on the Application, nothing contained therein shall constitute an offer or promise to deliver any products and/or services byEnsureCure.

5. Intended for people above eighteen (18) years of age

5.1. The Application is intended for use by individuals eighteen(18) years of age or older. This Application is not directed for use by individuals under the specified age. Users under the said age should get the assistance of a parent or guardian to use this Application.

5.2. Users who can form legally binding contracts under the Indian Contract Act, 1872 and are willing to agree and abide by the Terms of Use mentioned hereunder, including the Privacy Policy are entitled to use this Application. Persons who are "incompetent to contract" as per Indian Laws, more particularly the Indian Contract Act, 1872 and not willing to agree or abide by this Terms of Use are not eligible to use the Application.

6. Access to EnsureCure.com

We will do our utmost to ensure that availability of the Application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, youraccess to the Application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

7. Registration

7.1. You understand and acknowledge that You can register on the Application only after entering your registration data.

7.2. This registration may be free of charge or for a charge, depending upon the functions or features accessed on the Application, which would be notified from time to time.

7.3. When You registerYou must providerelevant information such asname, official/residential address, a unique, valid, current and verifiable e-mail address, choose password,and phone number, and any other detail that may be required by EnsureCure. In addition, You may also be required to provide an OTP (one time password), or follow any other similar authentication processes as may be deemed necessary by EnsureCure from time to time.

7.4.On every subsequent use of the Application after registration, You will be required to enter a UserId and a password.

7.5. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account that are due to your conduct, inaction, or negligence.

7.6. By registering on the Application, You represent that You will submit information, which is truthful and accurate, and will update your registration information to keep it accurate and current. We may cancel your registration or terminate your account without notice at our sole discretion, in the event we believe that You have not provided accurate or truthful information or that You are not complying with applicable laws, rules and regulations.You hereby expressly agree and acknowledge that EnsureCure shall not be liable for any direct and/or indirect damage caused by any unauthorized use of your account.

7.7. It is your responsibility to check to ensure that You download the correct application for your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service or Application with an incompatible or unauthorized device.

7.8.If You become aware of any suspicious or unauthorized conduct concerning your account, You agree to contact us immediately by e-mail at support@EnsureCure.com. We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider or phone number with or without any prior notice.

8. Term

This Terms of Use shall commence from the date on which You first visit and access the Applicationand shall continue unless terminated earlier in accordance with the terms contained herein (“the Term”).

9. Obligationof Users

9.1. A User shall not:

  • a) Purchase any product or use any Service provided by an enlisted expert/doctor/clinic without making the appropriate payment as may be specified by EnsureCure from time to time;
  • b) notuse the Applicationwith the intention of disrupting EnsureCure; and
  • c) not violate the terms contained herein.

9.2. In addition to the above, User shall ensure that all fees due and payableunder this Terms of Use are to be paid promptly and without any delay. In the event User violates any of the above-referenced rules,EnsureCureat its sole discretion, may take any of the following actions:

  • a) deny access to the Application:
  • b) suspend or terminate the account of the User; and/or
  • c) take any other appropriate action as it may deem fit in accordance with the terms contained herein.

10.Request for Information and Services

10.1. You may seek information in relation to Services offered by an expert/doctor/clinic enlisted with Usfrom time to time.

10.2. Any request so made to EnsureCure will permit it to deliver information and/or proposals to You via the Application, telephone email, mail, facsimile transmission, or any other means.You agree that in the event You have provided your telephone number, this shall constitute an express written request that authorizes EnsureCure to contact You via telephone, even if your telephone number is listed on a Do Not Call registry maintained under applicable law.

11. Limited License

EnsureCure subject to the compliance by Users of this Terms of Use, hereby grants You a limited,non-transferable, non-exclusive, revocable license to use the Application and Services related theretoand in particular: (a) access and use the Application and information contained therein to connect with experts/doctors/clinics enlisted with Uswho provide related services;(b) avail Services; and (c) avail services provided by the experts/doctors/clinics enlisted with Us in accordance with the terms contained herein and separate agreement(s)that may be executed between them and the User, if any.

12. UserContent Policy

12.1. Any information on this Application, including but not limited to personal information of any User, posts, videos, profile, conversation, text, discussion, graphics, live chat, emails, phone support, advice, estimates, recommendations or other materials submitted, hosted, shared, uploaded, downloaded, viewed, and/or accessed by a User or Application, (hereinafter referred to as “Content”), shall be in accordance with the terms contained herein.

12.2. Nothing transmitted to or from this Application constitutes the establishment of a doctor-patient relationship between You and EHCPL. The Application is not intended to prescribe medicine and diagnose a medical condition. The Application is only created to act as an interphase between the Users and enlisted professionals for availing Services. The Application is not intended to be used to treat a medical emergency or medical condition. The Application is not intended to be used to advise or resolve legal, medical or financial issues. For any medical emergency, immediately contact the emergency number in your country.

12.3. EnsureCure does not regularly review the questions, answers and public forum posts on the Application and the views expressed therein are those of the individuals who post the content and do not necessarily reflect those of EnsureCure, its owners, managers, directors, employees, agents, partners, advertisers or affiliates.

12.4. EnsureCureassumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Application or in the posts. All advice and/or information obtained directly or indirectly from the Application are at your own risk.

12.5. The Application may include a variety of features, such as discussion forums, blogs, photo-and video-sharing pages, e-mail services and social networking features that allow feedback to Us and allow users to interact with each other on the Application or to post Content and materials for display on the Application. The Application also may include other features, such as personalized home pages and e-mail services that allow users to communicate with third parties. By accessing and using any such features, the User represents and agrees that:

  • 12.5.1. the User is the owner of any materials posted or submitted or is posting or submitting such materials with the express consent of the owner of the materials; and
  • 12.5.2. the User will indemnify and hold harmless EHCPL, its affiliates and each of its respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Application by the User or by others using his username and password.

12.6. EnsureCuremakesit expressly clear that the advice, discussion or any of the Contents which may be construed as an opinion/advice rendered by the User of the Application or by an enlisted professional is solely his/her opinion and shall not be construed to be an opinion of the Application. EnsureCurewould not be liable for any loss or damage caused by such advice, discussion or any of the Contents posted by any User on the Application to any User or third party.

13. Restrictions onApplication Use

13.1. The Usersagree that they and the Contents they share shall, at all times be governed by applicable lawsand, in particular shall be in accordance with to the IT Intermediaries Guidelines such that they shall not:

  • 13.1.1. host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that belongs to another person;
  • 13.1.2. post or submit any Content, which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • 13.1.3. submit any Content on the Application, which is unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or such content which may be harmful to minors;
  • 13.1.4. infringe any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • 13.1.5. violate any applicable law for the time being in force;
  • 13.1.6. deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
  • 13.1.7. impersonate another person;
  • 13.1.8. upload content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
  • 13.1.9. threaten the unity, integrity, defense, 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.

13.2. The User shall not link directly or indirectly to or include descriptions of items, posting of Contents or Services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to The Drugs and Cosmetics Act, 1940, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, The Indian Penal Code, 1860, IT Act as amended from time to time and rules there under.

13.3. The User shall at all times ensure full compliance with the applicable provisions of the IT Act and rules there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service.

13.4. Notwithstanding the statutory duty cast above upon the Users, the Users also, and without prejudice to duties cast by any statute for the time being in force, shall not use the Applicationfor:

  • 13.4.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • 13.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • 13.4.3. Gaining unauthorized access to other computer/network systems;
  • 13.4.4. Interfering with any other person’s use of enjoyment of the Application;
  • 13.4.5. Interfering or disrupting networks or Applications connected to the Application;
  • 13.4.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
  • 13.4.7. Violating or attempting to violate the integrity or security of the Application or its Contents;
  • 13.4.8. Transmitting any information (including posts, messages and hyperlinks) on or through the Application that is disrupting or competitive to the provision of Services by us;
  • 13.4.9. Intentionally submitting on the Application any incomplete, false or inaccurate information;
  • 13.4.10. Making any unsolicited communications to other Users of the Application;
  • 13.4.11. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
  • 13.4.12. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
  • 13.4.13. Copying or duplicating in any manner any of the Content on the Application or other information available from the Application;
  • 13.4.14. Framing or hot linking or deep linking any Content on the Application;
  • 13.4.15. Gaining unauthorized access to the Application, or any account, computer system, or network connected to the Application, by means such as hacking, password mining or other illicit means;
  • 13.4.16. Repeatedly posting the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and
  • 13.4.17. Gathering for marketing purposes any e-mail addresses or other personal information that has been posted by Users.

14. Content Rights

14.1. You agree that by posting, hosting, sharing, submitting or displaying Content on or through the Application, You grant EnsureCure (and its successors and permitted assigns) a worldwide, perpetual, non-exclusive, royalty-free license (with the right to multiple tiers of sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, and its derivative works or a part thereof, anywhere in any and all media or distribution methods (now known or later developed)in any manner, in any medium, for any purpose.

14.2. You also agree and acknowledge that You hereby grant each User of the Application, a non-exclusive license to access your Content through the Application, to reproduce, distribute, prepare derivate works of, display and perform such Content as permitted by the functionality of the Application and under this Terms of Use.

14.3. Subject to applicable laws, and other terms contained herein and the Privacy Policy, You also agree and acknowledge that irrespective of whether the Content is posted on the Application and is viewed and accessed by Users, EnsureCure does not guarantee security and confidentiality with respect to such Content. EnsureCure shall have no liability whatsoever arising out or in connection to any act or omission by You relying upon such Content.

14.4. EnsureCurereserves the right, in its sole discretion, but it is not obligated, to delete, modify/change/alter any of the Content as it deems necessary including any content that may be posted by any User that violate this Terms of Use, or for any other reason. EnsureCure is not required to give any notice prior to such removal or deletion.

14.5. Notwithstanding the foregoing, it is expressly clarified that You shall be solely responsible for any Content that Youprovide or upload while accessing the Application including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other Content that You upload, transmit or store when using the Application.

15. Privacy Policy

15.1. EnsureCure respects the information submitted/posted on the Application by the Users. This statement of privacy governs the use of any of the services provided by the Application and the access to such services by the Users. By visiting the Application, the User acknowledges that they have accepted the practices and policies outlined in this Privacy Policy.

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.

15.7. In the event, EHCPLgoes through a business transition or transfer, such as merger or acquisition by another company or sale of portion of its assets or in the event that EHCPL goes out of business, the Users acknowledge the fact that their personal information may form part of the assets transferred and that any acquirer of EHCPL or its assets may continue to use such personal information as set forth in this Privacy Policy.

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.

15.12. If EnsureCure decides to change its Privacy Policy, or make any material changes in the privacy practices that affect User information already stored in our database, we will prominently post a notice on the Application to alert you of the change. If the Privacy Policy changes materially so that your personally identifiable information will be used in a manner different from that stated at the time of collection, we will try to contact you by e-mail to give You a choice as to whether or not we may use your information in this different manner. However, You are responsible for ensuring we have a current working e-mail address for You. If the e-mail address you have given us is incorrect or no longer operable, we will have no further obligation to notify you apart from posting the notice on our Application.

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.

18. Taxes

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. To the extent permitted under applicable law, and notwithstanding anything contained in this Terms of Use, both parties agree that in no event shall EHCPL, its officers, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliatesbe liable for any loss or damage of any kind, direct, indirect, incidental, special or exemplary, or consequential including, without limitation damages, loss of profit, loss of data, quality, performance, and non-performance claims however caused whether based on Warranty, Contract, Tort, (including negligence) or any other legal theory, whether or not EnsureCure is advised of the possibility of such damages, resulting from:

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

19.1.6. any defamatory, offensive, illegal conduct of a third party or a User, If You are dissatisfied with the Application, or any materials, products, or services on the Application, or with any of the Application's Terms of Use, your sole and exclusive remedy is to discontinue using the Application.

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.

20. Indemnity

You shall indemnify and hold harmless EnsureCure, its officers, employees, managers, suppliers, agents, successors, assigns, subsidiaries, parent companies or affiliates, from any claim,demand, damages (actual or consequential)of every nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed or actions including attorneys’ fees/legal expenses, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, use of Application or any service providedthereunder, EnsureCure’sPrivacy Policy and other rules and regulations forming part of this Terms of Use, or the documents it incorporates by reference, or your violation of any applicable law, rules or regulations or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, You agree to provide us with such cooperation as is reasonably requested by us, as well as pay for the cost of defense in such cases, including legal, incidental and out of pocket expenses.

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