This Application is operated/provided by Ensocure Health and Research Pvt. Ltd. 

EnsoCure Healthcare and Research Pvt. Ltd. (in short, “Enso”) is a company  registered under the Indian Companies Act, 2013 with its registered office in  Bangalore. The Enso team consists of doctors, nurses and Allied Healthcare  workers and administrative staff who provide/support Enso in facilitating health  care services.  

Enso’s Clinic is located at 10, 2nd Cross, Green Leaf Layout, 80 Feet Rd,  Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034. In  addition to in-person consultation, Enso offers medical services as detailed in  this Service Level Agreement through any of the telecommunication devices  including landline, mobile phone, Tablet, Desktop, Laptop or any other device  (in short, “Device”) including through WhatsApp, SMS, and Enso’s Application  (in short “App”) called Ensocure.  

The Enso End Users License Agreement lists the key terms and conditions that  you should be aware of if you choose to download and install the App on your  Device and can be accessed on our website. 

The Enso Privacy Policy protects the User’s medical or health information  provided to Enso at the time of Telemedicine Consultation and can be accessed  at Enso’s website. 

The Enso Service Level Agreement provides details of the nature and extent of  services that Enso provides to its User and shall be effective from the date on  which the User downloads and installs the App or communicates with Enso either  through the App, the Website, as the case maybe. 

The Enso Terms of Use further describes the terms and conditions that govern  the manner in which the App can be used by the User and can be accessed at  Enso’s website. At the time of publishing these Terms of Use, Enso’s App  “Ensocure” is being provided to You in the Beta version. Updates of these Terms  of Use shall be published on Enso’s website and the App. Users shall be  responsible for updating themselves of further updates of these and other  applicable policies. 

These terms of use (“Terms of Use”) read with the Privacy Policy and End  Users License Agreement available on the Application and the website  constitutes a legal binding agreement between You and Enso and shall apply to  and govern Your visit to and use, of the Application (whether in the capacity of  a user) and any of its services whether through a computer (Desktop, Laptop),  a mobile phone, a Tablet or any other device (“Device”) as well as to all  information, recommendations and or Services provided to You on or through  the Application. This Agreement defines the terms and conditions under which  you are allowed to use the Application and describes the manner in which we  shall treat your account while you are registered as a member with us. These  Terms of Use apply to the Services made available by Enso on the Application  including the Services rendered by Enso listed on the Application, to various  users and visitors of the Application. We reserve the right to store information  on a User’s computer in the form of “cookie” or similar file for purposes of  modifying the Application to reflect the User’s preference. Enso shall try and  ensure that all information that is provided on the Application with respect to  policies/Services are accurate in all respects and are kept up to date. However,  Enso does not guarantee the timeliness, accuracy, completeness, reliability or  content of the information and any changes that are made with respect to the  same and the visitor/Customer is required to check the accuracy of the same  with the office of Enso.  

Enso’s performance to this Agreement is subject to existing laws and legal  process, and nothing contained in this Agreement is in derogation of Enso’s right  to comply with governmental, court and law enforcement directions relating to  the use of this Application or information provided to/gathered by Enso vis-à-vis  such use. 

Enso may introduce new services in relation to the Application from time to time.  The existence and availability of the new services will be notified on the  Application as and when they become available and any revisions in the Terms  of Use will take place in accordance with these Terms of Use. In addition, Enso  may also publish notices of general nature, which are applicable to all visitors or  User on its Application or website. Such notices will have the same effect as a  notice served individually to each visitor or User. 

This document is an electronic record in terms of Information Technology Act,  2000 and rules thereunder as applicable and the provisions pertaining to  electronic records in various statutes as amended by the Information Technology  Act, 2000. This electronic record is generated by a computer system and does  not require any physical or digital signatures. By accessing this Application, You  are consenting to be bound by these Terms of Use and the Privacy Policy. PLEASE  ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS OF USE BEFORE  YOU USE THE APPLICATION. If You do not accept any of the Terms of Use, then  please do not use the Application or avail any of the services/Services being  provided therein. For the avoidance of doubt, Your failure to be bound by these  Terms of Use shall not extend to the provision and acceptance of the in-person  Services as per the provisions of the Service Level Agreement accepted by You. 

Your acceptance of the Terms of Use shall be deemed to include your acceptance  of the Privacy Policy available in the App. 

I. DEFINTIONS

All of the defined and capitalized terms in these User Terms will have the  meaning assigned to them here below: 

1.“Account” shall mean the account created by the User on the Application for  availing the Services provided/facilitated by Enso. 

2.“Applicable Laws” shall mean and include all applicable statutes,  enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws,  regulations, notifications, guidelines, policies, directions, directives and orders  of any governmental authority, tribunal, or a court of India. 

3.“Application” or “App” shall mean our mobile application as updated by Enso  from time to time. 

4.“User/Patient” shall mean and include: 

a. A patient, availing this service on his/her consent, being or not being  sponsored/promoted by any organisation/body to utilise the services  through the Application, his/her representatives or affiliates, searching  for availing health and medical services through the Site/Application;  or 

b.Otherwise a user of the Application who has an Account on the  Application (“End User”). 

c. A visitor of the Application. 

1. “Force Majeure Event” shall mean any and all events arising due to any  cause beyond the reasonable control of Enso. 

2.“Enso” or “us” or “we” or “our” shall mean EnsoCure Healthcare and  Research Pvt. Ltd., a company incorporated under the provisions of the  Companies Act, 2013 and having its registered office at 10, 2nd Cross, Green  Leaf Layout, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, 

Karnataka 560034 and which expression shall, unless it be repugnant to the  context or meaning thereof, be deemed to mean and include all its successors,  affiliates and permitted assigns.  

3.“Registration Data” shall mean and may include the present, valid, true and  accurate name, email ID, phone number and such other information as may  be required by Enso from the User from time to time for registration on the  Application. 

4.“Services” shall mean the Services as defined under the Service Level  Agreement entered into between Enso and You. Services mean the various  categories of Services including the following made available through the  Site/Application for Users, the facility to:

a. create and maintain ‘Health Accounts’ and upload claim requests track  the progress of the same; 

b. Make appointments with Enso staff; 

c. To avail other services offered by Enso, like but not limited to, medicine  delivery, diagnostics, home-healthcare, track health vitals, medical  counselling and physical examination by health care workers, etc.

5. “Site” shall mean the Application operated by Enso or any other software that  enables the use of the Application or such other URL as may be specifically  provided by Enso. 

6.“Sponsored Listing” means any third party sites, products or services listed  on Enso’s website or App, as the case maybe, for facilitating health care needs  of its Users/Patients.  

7.“Terms of Use” or “Terms and Conditions” shall mean these User terms  and conditions. 

II. ELIGIBILITY 

1.You will be “Eligible” to use the Services only when You fulfil all of the  following conditions: (i) You are competent to enter into a contract  under the Applicable Laws and (ii) You have attained at least 18  (eighteen) years of age, (iii) If you are under 18 years of age, your  parent or guardian has consented on your behalf to avail the Services. 

2. If You reside outside India, no Services are extendable to You. You are  however allowed to use this Application only in order to assist your  parent/family living in India and availing Services. 

III. REGISTRATION/MEMBERSHIP AND MANNER OF USAGE OF  ACCOUNT

1.You understand and acknowledge that You can register on the Site only  after complying with the requirements of this Clause 3 and by entering  Your Registration Data. 

2.You shall ensure that the Registration Data provided by You is accurate,  complete, current, valid and true and is updated from time to time. We  shall bear no liability for false, incomplete, old or incorrect Registration  Data provided by You. 

3.You are solely responsible for maintaining the confidentiality of Your  Registration Data and will be liable for all activities and transactions  that occur through Your Account, whether initiated by You or any third  party. Your Account cannot be transferred, assigned or sold to a third  party. We shall not be liable for any loss that You may incur as a result  of someone else using Your password or Account, either with or without  Your knowledge. 

4. Enso reserves the right to suspend or terminate Your Account with  immediate effect and for an indefinite period, if We have a reason to  believe that the Registration Data or any other data provided by You is  incorrect or false, or that the security of Your Account has been  compromised in any way, or for any other reason We may find just or  equitable. 

5. Except for the Registration Data or any other data submitted by You  during the use of any other service offered through Site (“Permitted  Information”), Enso does not want You to, and You should not, send  any confidential or proprietary information to Enso on the Site or  otherwise, unless otherwise is required by Applicable Laws. In accepting  these Terms of Use, You agree that any information or materials that  You or individuals acting on Your behalf provide to Enso other than the  Permitted Information will not be considered confidential or  proprietary. 

6. 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 and the use of the Application should You be using the  Service or Application with an incompatible or unauthorized device. 

7.We allow You to open only one Account in association with the  Registration Data provided by You. In case of any unauthorized use of  Your Account please immediately reach Us a [provide email address].  In case, You are unable to access Your Account, please inform Us  at [provide email address] and make a written request for blocking Your  Account. We will not be liable for any unauthorised transactions made  through Your Account prior to the expiry of 72 (seventy-two) hours after  You have made a request in writing for blocking Your Account, and shall  not have any liability in case of Force Majeure Events. 

8.By using the Application or the Service, You further agree that: (i) You  will only use the Service or download the Application for Your sole,  personal use and will not resell or assign it to a third party; (ii) You will  not use an account that is subject to any rights of a person other than  You without appropriate authorization; (iii) You will not use the Service,  or Site/Application for unlawful purposes; (iv) You will not try to harm  the Service, Site, Application in any way whatsoever; (v) You will  provide Enso with such information and documents which Enso may  reasonably request; (vi) You will comply with all Applicable Law while  using the Site/Application or Service; and (vii) You are aware of and 

shall comply with the Information Technology Act, 2000 and the rules,  regulations and guidelines notified thereunder.  

9.Enso reserves the right to immediately terminate the Service and the  use of the Application in the event of non-compliance with any of the  above requirements. Further, Enso will store the information provided  by You or record your calls for contacting You for all Service related  matters including obtaining feedback in relation to the Services  provided/facilitated through the Site/Application. You shall promptly  inform Enso on any change in the information provided by You. 

10. Enso or an authorised representative of Enso, shall provide  information regarding services, discounts and promotions provided by  Enso to You by way of an SMS or email to Your registered mobile  number/registered email ID. You also have the option to discontinue  receiving such information at any point of time. To discontinue receiving  such information, You may at any point of time visit the specific link  provided in the Site/Application to discontinue the same. 

11. ENSO WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR  INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE YOUR  INFORMATION IN ORDER TO PERFORM ENSO’S OBLIGATIONS UNDER  THESE TERMS OF USE. 

12. You agree to grant Enso a non-exclusive, worldwide, perpetual,  irrevocable, royalty- free, sub-licensable (through multiple tiers) right  to exercise the copyright, publicity, database rights or any other rights  You have in your information, in any media now known or not currently  known, with respect to Your information. YOU AGREE AND PERMIT  ENSO TO SHARE YOUR INFORMATION AND/OR PERMITTED  INFORMATION, WITH THIRD PARTIES. 

13. You agree and permit Enso to share any information provided by You  with third parties in order to facilitate provision of Services including  certain value-added/ancillary services offered by such third parties to  You and/or to provide Services including certain value-added services  to You by Enso. You hereby expressly consent to receive  communications from Enso/third parties offering Services/value-added  services to You through Your registered phone number and/or e-mail id  and/or the Site. You agree that You will not hold Enso responsible for  any such communications received from third parties, nor will any such  communication amount to spam, unsolicited communication or a  violation of Your registration on the national do not call registry.  Further, you agree that Enso may contact you through telephone,  email, SMS, or any other electronic means of communication for the  purpose of:

1.Obtaining feedback in relation to Site/Application or Enso’s  services, including chatbot whenever it becomes available;  and/or. 

2.Connecting for any further details like diagnostics, medicine  delivery requests, product redemptions, consultation  management, etc. 

3.Resolving any complaints, information, or queries by Enso  regarding your critical content; 

4.and you agree to provide your fullest cooperation further to such  communication by Enso. 

1. You are provided with the facility to book an appointment with a  Physician, Nurse and/or Dietician listed in the Site/Application. When  you choose this option, you choose to schedule a video/audio/chat  session with the Physician, Nurse and/or Dietician through technological  services provided by Enso, and the records of such calls may be  recorded and stored in Enso’s servers. Such records are dealt with only  in accordance with the terms of the Privacy Policy, accessible at  [hyperlink]. 

2. The Site/Application is deemed to be in use when it is loaded in a  temporary or permanent memory of Your Device. 

3.All transactions, which cannot be carried out instantaneously, shall be  carried out during working hours either on the same day or on the next  working day or such further period as may be determined and/or  specified by Enso depending upon the time of logging of the transaction. 

I. ENSO UNDERTAKING 

1.Enso medical staff (including the Physician, Nurse, Dietician, as  applicable) is and shall be duly registered, licensed and qualified to  practice medicine/provide health care, wellness services, as per  applicable laws/regulations/guidelines set out by competent authorities  and the Enso medical staff shall not be part of any arrangement which  will prohibit him/her from practicing medicine within the territory of  India. Enso Medical staff shall at all times ensure that all the applicable  laws that govern them shall be followed and utmost care shall be taken  in terms of the consultation/ services being rendered via the  Site/Application.  

I. APPOINTMENT BOOKING AND INTERACTION WITH ENSO MEDICAL  STAFF

1. Appointments and consultation, as a the case maybe, shall follow the  binding Service Level Agreement between the User and Enso.  

2.Without prejudice to the generality of the above, Enso, will not be liable  for  

a. cancellation or rescheduling of booked appointment. See the  terms in the Annexe to the Service Level Agreement that  regulates the booking of appointments; 

b. Any error in the medical reports provided to Enso from a third  party including a clinic, hospital or the User. 

I. NO EMERGENCY SERVICES 

1.The Services are not intended to be a substitute for getting in touch  with emergency healthcare, like suicidal tendencies and severe mental  ailments. If you are an User facing a medical emergency (either on your  or a another person’s behalf), please contact an ambulance service or  hospital directly. 

II. APPLICATION LICENSE 

1. Subject to Your compliance with these User Terms, Enso grants You a  limited, revocable, non-exclusive, non-transferable and non-sub licensable license to download and install a copy of the Application on  Your Device that You own or control and to run such copy of the  Application solely for Your own personal use and to use the Site. 

2.You shall not (i) license, sublicense, sell, resell, transfer, assign,  distribute or otherwise commercially exploit or make available to any  third party the Site/Application in any way; (ii) modify or make  derivative works based upon the Application; (iii) create Internet “links”  to the Service or “frame” or “mirror” any Site on any other server or  wireless or Internet-based device; (iv) reverse engineer or access the  Site in order to (a) design or build a competitive product or service, (b)  design or build a product using similar ideas, features, functions or  graphics of the Site/Application, or (c) copy, reproduce, record, or make  available to the public any ideas, features, functions or graphics of the  Site/Application, or (v) launch an automated program or script,  including, but not limited to, web spiders, web crawlers, web robots,  web ants, web indexers, bots, viruses or worms, or any program which  may make multiple server requests per second, or unduly burdens or  hinders the operation and/or performance of the Site/Application. 

3.You shall not: (i) send spam or otherwise duplicative or unsolicited  messages in violation of Applicable Laws; (ii) send or store infringing,  obscene, threatening, libelous, or otherwise unlawful or tortious  material, including material harmful to children or violative of third 

party privacy rights; (iii) send or store material containing software  viruses, worms, Trojan horses or other harmful computer code, files,  scripts, agents or programs; (iv) interfere with or disrupt the integrity  or performance of the Site, the Application or Service or the data  contained therein; or (v) attempt to gain unauthorized access to the  Site, the Application or Service or its related systems or networks. 

4.Enso will have the right to investigate and prosecute violations of any  of the above to the fullest extent of the law. Enso may involve and  cooperate with law enforcement authorities in prosecuting Users who  violate these Terms of Use. You acknowledge that Enso has no  obligation to monitor Your access to or use of the Site, or posted  content, but has the right to do so for the purpose of operating the  Site/Application and Service, to ensure Your compliance with these  Terms of Use, or to comply with Applicable Law or the order or  requirement of a court, administrative agency or other Governmental  body. Enso reserves the right, at any time and without prior notice, to  remove or disable access to any content that Enso, at its sole discretion,  considers to be in violation of these Terms of Use or otherwise harmful  to the Site, the Service or Application. 

I. FORCE MAJEURE 

1.We shall not be liable for any failure to perform any obligations under  this Terms of Use, if the performance is prevented, hindered or delayed  by a Force Majeure Event and in such case our obligations under this  User Terms shall be suspended for so long as the Force Majeure Event  continues. 

2.In this Clause, “Force Majeure Event” means an event beyond the  reasonable control of the Licensor including, without limitation, act of  God, war, riot, civil commotion, malicious damage, compliance with a  law or governmental order, rule, regulation or direction, pandemic,  accident or breakdown of plant or machinery not due to the negligence  of the Affected Party, fire, flood and storm. 

III. INDEMNIFICATION 

1.By accepting these Terms of Use and using the Service, You agree that  You shall defend, indemnify and hold Enso, its affiliates, their licensors,  and each of its officers, directors, other users, employees, attorneys,  third party service providers and agents harmless from and against any  and all claims, costs, damages, losses, liabilities and expenses  (including attorneys’ fees and costs) arising out of or in connection with:  (a) Your violation or breach of any term of these Terms of Use or any  Applicable Law or regulation, whether or not referenced herein; (b) Your  violation of any rights of any third party\or (c) Your use or misuse of  the Application or Service.

I. LIMITATION OF LIABILITY 

1.Enso will reasonably keep the Site/Application and its contents correct  and up to date but does not guarantee that (the contents of) the Site  is free of errors, defects, malware and viruses or that the Site is correct,  up to date and accurate. 

2.Enso shall not be liable for any damages resulting from the use of or  inability to use the Site/Application, including damages caused by  wrong usage of the Site, network issues, malware, viruses or any  incorrectness or incompleteness of the Information or the or  Application. 

3.In no event shall Enso shall be liable for: 

a.any unauthorized access to or alteration of your transmissions or  data; or 

b.any other matter relating to the Site/Application or the Service. 

1.If Applicable Law does not permit the exclusion of certain warranties or  the limitation or exclusion of liability, the scope and duration of such  warranty exclusions and the extent of the liability of Enso shall be the  minimum permitted under Applicable Law. 

2.Under no circumstances, including but not limited to negligence, shall  Enso, its employees and directors, its suppliers and its third party  advisors be liable to You for any direct, indirect, incidental, special or  consequential damages or any damages whatsoever including punitive  or exemplary (including, but not limited to, damages caused by any  virus, personal injury, loss of profits, data or other intangible, business  interruption, loss of privacy, or any other pecuniary loss), arising out of  or in any way connected with the use/delivery/performance of this  Site/Application, with the delay or inability to use this Site/Application  or any links or items on the Site/Application, the provision of or failure  to provide Services, or for any information, software, products, services  and related graphics obtained through this Site/Application, or  otherwise arising out of the use of this Site/Application, whether based  on contract, tort, strict liability or otherwise, or for cost of procurement  of substitute goods and repair & correction services or resulting from  the use of this Site/Application or obtained or messages received or  transactions entered into through or from the Site/Application or  resulting from unauthorized access to or alteration of your  transmissions or data, even if we have been advised of the possibility  of such damages.  

3.You agree that We shall not be liable for any damages arising from  interruption, suspension or termination of the Site/Application,  including but not limited to direct, indirect, incidental, special, 

consequential or exemplary damages, whether such interruption,  suspension or termination was justified or not, negligent or intentional,  inadvertent or advertent. Applicable law may not allow the limitation or  exclusion of liability or incidental or consequential damages. However,  in no event shall Our liability to You for all damages, losses and causes  of action (whether in contract or tort, including but not limited to,  negligence) exceed the amount paid by You, if any, for accessing the  Site/Application. 

4.All transactions that are carried out by and on behalf of the User shall  be subject to Government notifications, the rules, regulations and  guidelines issued by the Information Technology Act, 2000, the Indian  Medical Council Act, 1956 and those of other regulatory bodies defining  rules/regulations governing the offer of any service on the Application.  Enso does not guarantee or warranty that there will be uninterrupted  access to and/or use of the Payment and Delivery Mechanism. Enso  shall not be liable if any transaction does not fructify or may not be  completed or for any failure on part of Enso to perform any of its  obligations under these Terms of Use or those applicable specifically to  its services/facilities if performance is prevented, hindered or delayed  by a Force Majeure event and in such case its obligations shall be  suspended for so long as the Force Majeure event continues. 

I.THIRD PARTY WEBSITES 

1.The Site/Application may be linked to the website of third parties,  affiliates and business partners. However, we are not, directly or  indirectly, implying any approval, association, sponsorship,  endorsement, or affiliation with any linked website, unless specifically  stated herein. We are not responsible for examining or evaluating, and  we do not warrant the offerings of any businesses or individuals or the  content of their websites. We do not assume any responsibility or  liability for the actions, products, services, and content of any other  third parties. You should carefully review the legal statements and other  conditions of use of any website which you access through a link from  this Site/Application. Your linking to any other off-site websites is at  your own risk. 

2.Enso has no control over, and is not liable or responsible for content,  accuracy, validity, reliability, quality of such websites or made available  by/through Our Site/Application. Enso assumes no responsibility, and  shall not be liable for, any damages to, or viruses that may infect Your  equipment or access to Your account, use of, or browsing the  Site/Application or the downloading of any material, data, text, images,  video content, or audio content from the Site/Application. If You are  dissatisfied with the Site/Application, Your sole remedy is to discontinue  using the Site/Application.

3.Enso shall not be liable, at any time, for any failure of performance,  error, omission, interruption, deletion, defect, delay in operation or  transmission, computer virus, communications line failure, theft or  destruction or unauthorized access to, alteration of, or use of  information contained at the Site/Application. 

4.Enso reserves the rights to display third party sponsored  advertisements on the Site/Application (“Sponsored Listings”).  Enso does not encourage Users to visit the Sponsored Listings page or  to avail any services from them. Further, Enso shall not be liable for the  services that are not directly provided by them, including of the  providers of the Sponsored Listings. You represent and warrant that  you will use these Sponsored Listing services in accordance with  applicable law. Any contravention of applicable law as a result of your  use of these services is your sole responsibility, and Enso accepts no  liability for the same. 

IV. INTELLECTUAL PROPERTY OWNERSHIP 

1.Enso alone (and its licensors, where applicable) shall own all right, title  and interest, including all related intellectual property rights, in and to  (i) the Site, Application, Service and any suggestions, ideas,  enhancement requests, feedback, recommendations or any other  offering; (ii) text, graphics, user interfaces, visual interfaces,  photographs, trademarks, logos, sounds, music, artwork and computer  code; or (iii) other information provided by You or any other party  relating to the Site, Application or the Service. Third party trademarks  may appear on this Site/ Application and all rights therein are reserved  to the registered owners of those trademarks. For use of any third  party’s intellectual property, You need to get permission directly from  the owner of the intellectual property for any use. 

2.These Terms of Use do not constitute a sale and do not convey to You  any rights of ownership in or related to the Site/Application, or any  intellectual property rights owned by Enso. You shall be solely  responsible for any violations of any laws and for any infringements of  any intellectual property rights caused by use of the Services or the  Site/ Application. 

V. TERM AND TERMINATION OF USER TERMS 

1.Unless terminated and subject to the terms of the Service Level  Agreement, the Agreement between Enso and You is perpetual in  nature upon downloading the Application and availing the Services  through the Site/Application. 

2. You are entitled to terminate the Agreement at all times by deletion of  Your Account, thus, disabling the use by You of the Site/Application. 

You can close Your Account at any time by following the instructions on  the Site/Application. 

3.Enso reserves the right to suspend or terminate a User’s access to the  Site/Application and the Services with or without notice and to exercise  any other remedy available under law, in cases where, 

a. Such User breaches any terms and conditions of these Terms of  Use; 

b.A third party reports violation of any of its right as a result of  your use of the Services and the Site/Application; 

c. Enso is unable to verify or authenticate any information provided  to Enso by a User; 

d.Enso has reasonable grounds for suspecting any illegal,  fraudulent or abusive activity on part of the User; or; 

e.Enso believes in its sole discretion that User’s actions may cause  legal liability for such User, or for Enso or are contrary to the  interests of the Site/Application.  

4.Once temporarily suspended, indefinitely suspended or terminated, the  User may not continue to use the Site/Application 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 Site/Application by such User. The User shall  ensure that he/she/it has continuous backup of any medical services  the User has rendered in order to comply with the User’s record keeping  process and practices. 

5. Termination of this agreement will not prejudice accrued rights of  either Enso or You. 

6. Clauses pertaining to Indemnification, Liability, Intellectual Property  Ownership, Term and Termination, Notice and Applicable Law and  Dispute Resolution and such other provisions which are intended to  survive the termination, shall survive the expiry/termination of these  Terms of Use in accordance with their terms. 

VI. INVALIDITY OF ONE OR MORE PROVISIONS 

1.The invalidity of any term of these Terms of Use shall not affect the  validity of the other provisions of these Terms of Use. If and to the 

extent that any provision of these Terms of Use is invalid, or is  unacceptable in the given circumstances, a provision shall apply  between the parties instead that is acceptable considering all the  circumstances, taking into account the content and the purpose of these  Terms of Use. 

2.CONFLICT- In the event of any contradiction or inconsistency between  these Terms of Use and any other agreement executed between You  and Acko, the terms of the User Terms shall prevail unless the exception  has been expressly agreed to in writing by making reference to the  relevant Clause sought to be modified under these Terms of Use. 

II. DISCLAIMER 

1.No Warranty. Although all efforts are made to ensure that information  and content provided as part of the Site/Application are correct at the  time of inclusion on the Site/Application, however, there is no  guarantee to the accuracy of the Information. We do not make  representations or warranties as to the fairness, completeness or  accuracy of Information on the Site/Application. There is no  commitment to update or correct any information that appears on the  Internet or on the Site/Application. Information is supplied upon the  condition that the persons receiving the same will make their own  determination as to its suitability for their purposes prior to use or in  connection with the making of any decision. Any use of the  Site/Application or the information is at your own risk. 

2. No Liability. The Services provided by Enso or any of its licensors or  service providers/partners are provided on an “as is” and “as available”  basis, and without any warranties or conditions (express or implied,  including the implied warranties of merchantability, accuracy, fitness  for a particular purpose, title and non-infringement, arising by statute  or otherwise in law or from a course of dealing or usage or trade). Enso  does not provide or make any representation, warranty or guarantee,  express or implied about the Site/Application or the Services. Enso does  not guarantee the accuracy or completeness of any content or  information provided by users on the Site/Application. To the fullest  extent permitted by law, Enso disclaims all liability arising out of the  Your use or reliance upon the Site/Application, the Services,  representations and warranties made by other users or any content or  information provided by the users on the Site/Application.  

VII. AUTHORITY TO ENSO 

1. You hereby authorize Enso to carry out his instructions, effecting such  transactions as may be permitted by Enso from time to time, in 

accordance with these Terms of Use and such other terms as may be  specified by. 

VIII. EVIDENCE OF TRANSACTIONS 

1.For any transaction which may be permitted by Enso from time to time,  Enso’s own records of such transactions maintained through computer  systems or otherwise, shall be accepted as conclusive and binding for  all purposes. The record of the Transaction as generated from the  systems of Enso shall be conclusive proof of the genuineness and  accuracy of such transactions. 

IX. RESTRICTIONS ON USE 

1.Enso owns and holds all the rights for the information, contents, audio,  video, logos and trademarks contained in this Site/Application. Any  reproduction, modification, creation of derivate works, distribution,  transmission, copying, selling, displaying, publishing or using any of the  information, contents, audio, video, logos and trademarks contained in  this Site/Application for any purpose whatsoever, whether electronically  or otherwise, without the prior written permission of Enso is strictly  prohibited. Any violation of this provision would be strictly dealt with.  You may download material displayed on this Site/Application for your  personal use only, provided that you also retain the clauses pertaining  to all copyright and other proprietary notices contained in the  materials. 

2.You acknowledges and affirms that You shall not: 

a. Engage in fraudulent, abusive or illegal activity, including but  not limited to any communication or solicitation designed or  intended to fraudulently obtain the password or any private  information of any use. 

b.Use the Site/Application to violate the security of any computer  network, crack passwords or security encryption codes, transfer  or store illegal material including threatening or obscene material  or engage in any kind of illegal activity. 

3. Although Enso may, from time to time, monitor or review any facilities,  if established or otherwise offered at the Site/Application for  discussions, chats, postings, transmissions, bulletin boards, and the like  on the Site/Application, Enso is under no obligation to do so and  assumes no responsibility or liability arising from the content of any  such locations nor for any error, defamation, libel, slander, omission,  falsehood, obscenity, pornography, profanity, danger, or inaccuracy  contained in any information contained within such locations on the  Site/Application. You are prohibited from posting or transmitting any  unlawful, threatening, libelous, defamatory, obscene, scandalous, 

inflammatory, pornographic, or profane material or any material that  could constitute or encourage conduct that would be considered a  criminal offense, give rise to civil liability, or otherwise violate any law.  Enso will fully cooperate with any law enforcement authorities or court  order requesting or directing Enso to disclose the identity of anyone  posting any such information or materials.  

X. RESERVATION OF RIGHTS 

1.We reserve the right to change, modify, add to portions of these Terms  of Use at any time, subject to Applicable Law and as amended time to  time & Enso’s policy. 

III. PRIVACY POLICY 

1.In the process of using this Site/Application, the Privacy Policy as set  forth in the Site/App shall be applicable. 

XI. MODIFICATION OF THE TERMS OF USE 

1.Enso reserves the right, at its sole discretion, to modify or replace, in  part or full, any of these Terms of Use, or change, suspend, block,  discontinue or restrict Your use to all or any feature of the  Site/Application at any time. 

2.Enso shall not be required to notify You of any changes made to these  Terms of Use. The revised Terms of Use shall be made available on the  Site. You are requested to regularly visit the Site to view the most  current Terms of Use. It shall be Your responsibility to check these  Terms of Use periodically for changes. Your continued use of the  Site/Application constitutes acceptance of the changes and an  Agreement to be bound by Terms of Use, as amended. 

XII. NOTICE 

1.Notices under these Terms of Use may be given by Enso to the User in  writing by delivering them to the last address and/or email address  given by the User. User may give notice to Enso by delivering them to  the address mentioned on Site/Application. In the case of hand delivery,  cable, telex, facsimile notices or electronic communication notices or  instructions will be deemed served 7 days after posting or upon receipt  as the case may be. Documents, which may be sent by electronic  communication between the parties, may be in the form of an electronic  mail, an electronic mail attachment, or in the form of an available  download from the Site/Application. Enso shall be deemed to have  fulfilled any legal obligation to deliver to the User if any such document  is sent via electronic delivery.

XIII. EXCLUSIVE AGREEMENT 

1.You agree that these Terms of Use are the complete and exclusive  statement of agreement supersede any proposal or prior agreement,  oral or written, and any other communications between you and Enso relating to the subject matter of these Terms of Use. These Terms of  Use, as the same may be amended from time to time, will prevail over  any subsequent oral communications between you and the  Site/Application and/or Enso. 

XIV. ASSIGNMENT 

1.You shall not assign Your rights under these User Terms without prior  written approval of Enso. Enso can assign its rights under the User Terms to any affiliate. 

II. NO WAIVER 

1. Enso or any of its third party service providers etc. shall not be deemed  to have waived any of its/their rights or remedies hereunder, unless  such waiver is in writing. No delay or omission on the part of Acko or  service providers, in exercising any rights or remedies shall operate as 

a waiver of such rights or remedies or any other rights or remedies. A  waiver on any one occasion shall not be construed as a bar or waiver of  any rights or remedies on future occasions. 

III. GOVERNING LAW AND JURISDICTION 

1. These Terms of Use shall be governed by the laws in force in the  Republic of India. 

IV. APPLICABLE LAW AND DISPUTE RESOLUTION 

1. Any dispute arising out of or concerning the interpretation of this EULA  shall be resolved by mutual discussion between Enso and You. 

2. In the event the Parties are unable to resolve the dispute by mutual  discussion, after at least 30 (thirty) days of negotiations, the dispute  shall be referred to arbitration consisting of a Sole Arbitrator as per the  provisions of the Arbitration & Conciliation Act, 1996, as amended from  time to time. The seat and venue of arbitration shall be the Arbitration  Centre, Bangalore. The Award passed by the arbitrator shall be final  and binding on the Parties. The language of arbitration shall be English.  

3. Notwithstanding Section XXVII(1) and XXVII(2), Enso shall have the  right to seek interim equitable or injunctive relief, as the case maybe,  from any court having competent jurisdiction. Any proceedings initiated  by the Licensor for injunctive and/or equitable relief shall not amount  to a waiver of the right to dispute resolution through arbitration. 

4. The courts in Bangalore shall have jurisdiction to entertain any  proceedings arising out of or relating to this EULA. 

XXVIII. JURISDICTIONAL ISSUES 

1. Unless otherwise expressly set forth herein, Enso makes no  representation that materials on this Site/Application are appropriate  or available for use in any location other than within India. Those who  choose to access this Site/Application do so on their own initiative and  are responsible for compliance with local laws. The services which are  part of the Site/Application do not constitute an offer to sell or a  solicitation of an offer to buy any policies/products to any person in any  jurisdiction where it is unlawful to make such an offer or solicitation.  

2. Except as specifically set forth herein the information contained on this  Site/Application is not an offer to sell or any security, insurance product  or other product or service. No security, insurance product or other  product or service is offered or will be sold in any jurisdiction in which  such offer or solicitation, purchase or sale would be unlawful under the  laws of such jurisdiction. Some products and Services may not be  available. 

XXIX. CONTACT 

1. You authorize Enso to call, send SMS and email on the contact number  and email ID (made available by you on our Site/Application) and offer  you information and services for the product/Services you have opted for.  You authorize us to call, SMS or email You for the mentioned purpose,  irrespective of whether you register with the Do Not Disturb registry. Enso  may from time to time send by e-mail or otherwise, information relating  to products and services offered by its Affiliates. For sake of clarification,  the above-mentioned right of Enso shall continue to be in effect  irrespective of Your termination of Agreement/deletion of Your Account. If  you wish to stop receiving such calls, SMS or email from Enso under this  clause, please contact Enso at hello@ensocure.com asking Enso not to  communicate with you. 

Return & Refund Policy is not applicable 

Since we serve in Healthcare services, Return Policy is not applicable.