Terms of Use

NextBig Private Limited (We/Us/Our), on behalf of itself and its affiliates/group companies under the brand "inticure", is the author and publisher of the internet resource inticure.com (Platform).

NATURE AND APPLICABILITY OF TERMS

1.1 Please carefully go through these terms and conditions (Terms) and the privacy policy available at [https://inticure.com/privacy-policy/] (Privacy Policy) before You decide to access the Platform or avail of the services made available on the Platform by Us. These Terms and the Privacy Policy together constitute a legal agreement (Agreement) between You (as defined hereinafter) and Us in connection with Your visit to the Platform and Your use of the Services (as defined hereinafter).

The Agreement applies to you whether you are –

a. A user of the Platform who is looking to make a Consultation through the Platform (End-User); or

b. Otherwise, a user of the Platform who is a natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Platform, with or without registration, to avail the services offered, for himself or herself and/or for any other person.

Hereinafter collectively referred to as You or User.

1. 3 This Agreement applies to all the use of the Platform by You, be it a simple visit or to use the services made available by Us on the Platform (Services), including but not limited to (i) a facility to create and maintain an account on the Platform (Profile); (ii) using the platform to make a Consultation with a Practitioner be it free or for a fee. The Services may change from time to time, at Our sole discretion.

1. 4 By downloading or accessing the Platform, You irrevocably accept all the conditions stipulated in this Terms and Privacy Policy, as available on the Platform, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You relating to Your use of the Platform to avail of the Services. By availing of any Service, You signify Your acceptance of the terms of this Agreement.

1.5 You agree to use the Platform only in accordance with this Agreement and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair Our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

1.6 Without prejudice to the above, You agree not to host, display, upload, modify, publish, transmit, update or share any information that:

a. belongs to another person and to which You do not have any right to;

b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c. harm minors in any way;

d. infringes any patent, trademark, copyright, or other proprietary rights;

e. violates any law for the time being in force;

f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. impersonates another person;

h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

1.7 In the event of non-compliance with the Terms, We may (without notice to You), immediately terminate Your registration with Us and/or prevent Your access or use of the Service.

1.8 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to You in writing. Your use of the Platform following any such modification constitutes Your agreement to follow and be bound by the Agreement so modified.

1.9 You acknowledge that You will be bound by this Agreement for availing of any of the Services offered by us. If You do not agree with any part of the Agreement, please do not use the Platform or avail of any Services. Your access to the use of the Platform and the Services will be solely at Our discretion.

1.10 The Agreement is published in compliance with and is governed by the provisions of Indian law, including but not limited to:

a. the Indian Contract Act, 1872,

b. the (Indian) Information Technology Act, 2000, and

c. the rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the SPI Rules), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).

2. CONDITIONS OF USE

2.1 You may visit or register on the Platform or use the Services in any manner only if You are currently in India, 18 (eighteen) years or older, and is competent to enter into a contract as per the Indian Contract Act, 1872.

2.2 By visiting or using the website or by availing any of the Services provided by Us, You represent and warrant to Us that You are 18 (eighteen) years of age or older and that You have the right, authority, and capacity to use the Platform and the Services made available on the Platform, and further to accept this Agreement.

3 DEFINITIONS

3.1 Capitalized terms used and not otherwise defined in this Terms or its schedules have the meanings set forth below.

a. Code of Ethics shall mean the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

b. Consultation shall mean the facility to seek medical/health-related consultation with a Practitioner facilitated on or through the Platform.

c. Practitioner shall mean any registered medical practitioner registered with the state medical register or the Indian medical register, under the Indian Medical Council Act, 1956, or any other recognized health care professional, who is registered with the Union and/or State regulatory or licensing body of the respective system of health care and is providing Consultations on the Platform.

d. Party/Parties shall mean the User and Us.

e. Third-Party: Third Party shall mean any person who is not a party to the Terms, but shall not include any person for whom the Services are availed by the User.

4 NATURE OF SERVICE & LIMITATIONS

4.1 No Doctor-Patient Relationship Between Us

a. We do not practice medicine and do not provide medical consultation or services. We merely provide a technology platform and infrastructure that enables You to connect with participating Practitioners and to consult with them.

b. Practitioners available on the Platform have signed/accepted contracts with Us and represented to Us that they are duly qualified to provide Consultations in India and are enrolled on the medical register or to the register of the Union and/or State regulatory or licensing body of the respective system of health care field in India. While We take reasonable steps to confirm such representations made to Us by the Practitioner, We shall not be responsible for any misrepresentation or fraud in this regard. We make no representation or warranties on the quality of the services provided by a Practitioner nor do We recommend or endorse any Practitioners providing services herein. Any representations or warranties that We may make about the Practitioners available on the Platform are based on the representations made to Us and We shall not be responsible for the quality of service provided by any particular Practitioner.

c. The use of the Service shall not in any manner be deemed to have created a doctor/patient relationship between the Parties. All Consultations through the Platform are provided to You directly by the concerned Practitioner, and therefore, the Practitioner You consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to You and liable to You for all medical consultation, medical advice, diagnosis or treatment recommended or provided to You.

4.2. Not For Medical Emergencies & Not A Replacement For Your Primary Care Physician.

(a) The Services We provide is NOT for use for medical emergencies, for life-threatening conditions or for when You need acute care. You should not disregard or delay to seek medical advice from Your physician based on anything that appears or is provided to You by or through the Service.

(b) The Consultation provided to You by medical practitioners through the Platform is not intended to replace Your relationship with Your primary care physician and You should continue to consult with Your primary care physician and other health care professionals as needed/recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when You are of the opinion that such help or care is prudent in Your sole opinion.

4.3. Limitations of Online Consultation and Informed Consent:

(a) When You seek a Consultation with any Practitioner through the Platform, You understand the limitations and potential risk of online consultations, including but not limited to:

(i) the inability to carry out a physical examination or other extensive investigations;

(ii) delays or failure arising from the disruption of communication devices or issues with the Platform;

(iii) the insufficient quality of information transmitted online, including but not limited to lack of access to Your medical records or medical history; and

(iv) the inherent risks of breach of privacy associated with sharing Your sensitive personal information or medical information.

(b) You take full responsibility for ensuring that any information You submit is complete and accurate and understand that the Practitioner relies solely on the information provided by You. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to You by or through the Service, You should confirm that You have understood and accept the associated limitations and risks and agree that You are not using the Service as a substitute for consultation with Your primary care physician.

4.4. Providing Services and the transmission, storage, and/or retrieval of data and information through the internet is subject to a variety of factors beyond Our reasonable control, including any interruption or unavailability of Third-Party telecommunication services used to host/provide the Service. In no event will We be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond Our reasonable control.

4.5. Without prejudice to the above, a Practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of Your needs and, accordingly, We may elect not to provide Services to You through the Platform.

5. DATA PRIVACY

5.1. We may as part of the Services provided or otherwise collect information regarding You and Your usage of the Platform. The information so collected is only used to improve the quality of the Services provided by Us, to build new services, and such other uses. The Privacy Policy at [Insert URL] provides how such data is collected used, shared and the manner in which we protect the personal information so collected. By agreeing to these Terms it shall be deemed that You have also agreed to the Privacy Policy and the terms therein.

5.2. The Privacy Policy provides for the following:

(a) the type of information collected from Users, including sensitive personal data or information;

(b) the purpose, means, and modes of usage of such information;

(c) how and to whom We may disclose such information; and

(d) other information mandated by the SPI Rules.

5.3. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

(a) the fact that certain information is being collected;

(b) the purpose for which the information is being collected;

(c) the intended recipients of the information;

(d) the nature of collection and retention of the information;

(e) the name and address of the agency that is collecting the information and the agency that will retain the information; and

(f) the various rights available to such Users in respect of such information.

5.4. You agree that collection of such information is necessary for the Platform to provide Services and You consent to such collection by the Platform.

5.5. We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Us, the Practitioner, or to any other person acting on Our behalf.

5.6. The User is responsible for maintaining the confidentiality of the User’s account access information and password, (add OTP) if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Us of any actual or suspected unauthorized use of the User’s account or password. Although We will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses caused to Us or such other parties as the case may be, due to any unauthorized use of Your account.

5.7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to discontinue the Services to the User at Our sole discretion.

5.8. We may send You reminders, statuses of bookings made, booking reminders, and other relevant information on the communication details provided to Us, including phone calls, SMS, emails, etc. On signing up on the Platform and/or using any of the Services, the User provides Us consent to send such communications.

6. CONFIDENTIALITY

6.1. The Parties acknowledge and agree that any information provided in relation to the User’s sensitive personal information or personally identifiable information shall be confidential. Such confidential information shall not be communicated to a Third Party without the consent of the User unless:

(a) such information is already accessible in the public domain;

(b) such information is mandated to be disclosed by any relevant laws, government mandates or court orders; or

(c) such information is required to be disclosed by Us to Our legal counsel who shall, in turn, be bound by the confidentiality clause as envisaged in these Terms.

7. CONSULTATIONS

7.1. The Platform provides Users a facility to make Consultations with the Practitioners registered on the Platform, subject to the limitations and terms provided in Clause 4 above.

7.2. The End-Users can make a consultation with a Practitioner free of charge, using the 'Free Consultation' or 'Start a Free Consultation' facility (or such other name that it may be referred to) available on the Platform (Free Consult).

7.3. The End-User will have to provide certain information to Us in order to facilitate the Free Consult. The information shall be collected on the Platform prior to the Free Consult and the data shall be used in accordance with the Privacy Policy.

7.4. The End-User may take the Free Consult after the End-User provides information mentioned under Clause 7.3 and accepts the Privacy Policy and such other consents as may be required.

7.5. The Free Consult shall be of a preliminary nature and shall only be used to acquire a prima facie opinion on the condition of the End-User. The opinion provided by the Practitioner on such Free Consult shall be solely based on the information provided by the End-User as per Clause 7.3 and shall only be used by the End-User for informational purposes.

7.6. The End-User understands that the Practitioner is not provided adequate information to make a diagnosis during the Free Consult and further that neither We nor the Practitioner shall be liable for any action that the End-User may take in furtherance of the information received out of such Free Consult. Further, the Practitioners will not make any prescriptions during a Free Consult.

7.7. Practitioners who are specializing in various fields are available on the Platform, in the event that You may need to consult with such a specialist Practitioner, after your Free Consult (Specialist Consult). The Specialist Consult is provided based on the availability of Practitioners and the preferences provided by the End-User. Although We shall strive to provide the End-User an appointment with a Practitioner in accordance with the preferences provided, We make no representation or warranty regards fulfillment of such preferences. It shall be the duty of the End-User to confirm the Practitioner and to confirm an appointment for a Specialist Consult as and when the option is provided to him.

7.8. A Practitioner may during a Specialist Consult prescribe medications when medically indicated in their sole professional judgment. In the event that a Practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and We advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. You agree that any prescriptions that You acquire from a Practitioner by/through the Service shall be solely for Your personal use. You agree to fully and carefully read and follow all instructions provided to You by the Practitioner and all product information and labels and to contact a physician or pharmacist if You have any questions regarding the prescription.

7.9. The End-User understands that a Consultation shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the End-User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, and to the best of his knowledge and ability, and not for conditions that are territory specific i.e., for regions other than India, irrespective of the location where the User is procuring medical services or engaging in communication with the Practitioner.

7.10. During the Consultation and thereafter, the Practitioner may create a record of the End-User on the Platform (User Record) and upload the prescriptions and a brief summary of the Consultation. The User Record shall be accessible by Us, the End-User and his respective Practitioners only. The End-User shall check and confirm the accuracy of the information provided in such records and if the End-User finds any discrepancy or inaccuracy in the information therein, the End-User shall inform Us through Our Email [●] or through the facility provided on the Platform as the case may be, not later than 3 days from the date on which record is uploaded or updated by the Practitioner, as the case may be.

7.11. For a period of 3 days from the date of the Senior Consult, the End-User may also be provided with a facility ask questions or queries to the Practitioner (not more than 3 questions for a particular Senior Consult) regarding the Senior Consult.

7.12. The End-User shall refrain from raising any personal queries or seeking advice from Practitioner which are not related to a specific disease / medicine/medical or health condition.

7.13. End-Users may during the Specialist Consult share images or videos of the affected areas of their body parts with the Practitioner only at their sole discretion and if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. If such images or videos are deemed necessary by the Practitioner for an effective Consultation, and the End-User is not willing to share such images or videos as may be required, then the Practitioner may choose to end the Consultation and no refund will be issued to the End-User.

7.14. Although We strive to provide optimum privacy and security to such images or videos that may be provided by the End-User, the End-User understands that the internet is not a 100% risk free space and We shall in no way be liable for any loss or damage to the End-User by the use of such images or videos. Further the End-User agrees that We shall not be liable for the manner in which the Practitioner uses or stores the data provided to him other than on the Platform.

7.15. The End-User prior to sharing images or videos as provided in Clause 7.13 shall take the permission of the Practitioner to share such images or videos. The End-User shall not share any such image or video that is not necessary for the purpose of the Specialist Consult.

7.16. End-Users shall not use abusive language with the Practitioner. Further End-User shall not share any image or video except for the purpose of the Specialist Consult, which can be considered obscene or vulgar or exhibit conduct of a lewd or lascivious nature towards the Practitioner. In the event of behaviour of the nature provided herein, the Practitioner may immediately stop such Consultation and may report the End-User on the Platform. In the event that the End-User is reported by a Practitioner, We reserve the right to terminate the Service provided to such End-User and shall not provide him Services in future. In the event of such termination, We are not responsible for honouring any refund request towards any amounts that the End-User has paid to Us.

7.17. The End-Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Platform. The End-Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.

7.18. The End-Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.

7.19. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Practise Guidelines or such other laws or guidelines as may be applicable. The restricted drugs include but are not limited to:

(a) medication for medical termination of pregnancy.

(b) Medicines listed in Schedule X of Drug and Cosmetic Act and Rules or any Narcotic and Psychotropic substance listed in the Narcotic Drugs and Psychotropic Substances, Act, 1985.

7.20. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit a medical practitioner or specialist of their choice to confirm the requirements/necessity for prescribing such restricted drugs.

7.21. End-User understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.

7.22. The End-User agrees and understands that Your transaction with the Practitioner and Us are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms hereunder, at all times. The User further agrees and understands that the Practitioner is licensed or authorised to practise or provide health care services in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Platform. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.

7.23. The prescriptions provided by the Practitioner shall only be for End-Users within the jurisdiction of India and the same shall not be used in any territory outside India. Neither Us nor the Practitioner shall be liable for any events or consequences arising out of the End-User using such prescription outside the territory of India.

8. PRICING POLICY

8.1. Some parts of the Services are chargeable as may be specified from time to time. The applicable charges for any paid Service and the payment terms presented to You when You use or order a paid Service shall be as specified in this Clause 8. As a convenience to You, We also collect payments due to the Practitioners for their services that You avail or book through the Service. Subject to receipt of the payments from You, We shall pass on the payments due to the Practitioners, subject to the terms agreed to between Us and the Practitioners.

8.2. The Free Consult would be provided to the End-Users free of charge.

8.3. The Specialist Consults will be charged a specific amount (Consultation Fee), depending on speciality of the Practitioner booked. The Consultation Fee for each specialisation shall be as provided on the Platform and will also be informed to You prior to making any appointment or payment for Your confirmation. The End-User may only be able to view the amounts charged for each type/category of specialisation if the End-User has undergone a Free Consult.

8.4. We reserve the right to change the Consultation Fee as well as the payments & charging terms provided under this Clause 8, at any time, provided however that the new charges will not be applicable to orders accepted before the change is notified.

8.5. If You don't pay for a paid Service on time, We reserve the right to suspend or cancel Your order for the said Service or to not provide You with the ordered Service. We shall not be responsible for any Service that is not provided to You if You fail to pay the applicable charges for the same. Charges paid are non-refundable except as provided in Our Cancellation and Refund Policy (Insert URL).

8.6. We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay Us, through the payment gateway, all charges at the rates then in effect for any booking in accordance with the applicable payment terms provided in this Clause 8. We reserve the right to correct, or to instruct Our payment gateway to correct, any errors or mistakes, even if the payment has already been requested or received.

8.7. We do not store any payment details including but not limited to net banking, Credit card or Debit card details.

9. FAIR USAGE POLICY

9.1. The Services provided by Us cannot be used for personal gains or in conjunction with any commercial activity

9.2. We reserve the right to limit, suspend, disable or discontinue Your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using the Platform for commercial gains or misuse of Services for purposes other than intended.

9.3. Without limiting any other provisions of these Terms, You may not use this Platform for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Platform may be terminated immediately, in Our sole discretion, with or without notice, if You fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

10. REFUSAL OF SERVICES

10.1. The Platform reserves the right to refuse its services to any of the Parties for any reason whatsoever.

10.2. The Platform also reserves the right to refuse services if the User fails to adhere to or violates the Agreement or any change/amendment/modification made to the Agreement or does any act or omission including but not limited to resulting in harassment or misconduct by the User.

10.3. In the event that the End-User has availed the Services to secure an appointment with the Practitioner and subsequently the Practitioner refuses to provide his/her services to the End-User, the Platform shall not be held liable. In such an event, the End-User may be eligible for a refund of the amount subject to these Terms and Our "Cancellation and Refund Policy" at [Insert URL]

11. TERMINATION

11.1. We shall have the right to terminate the contract if the User violates the Terms as stated herein and for any other reason it deems fit.

11.2. We further reserve the right to terminate the contract with the User without any further liability for whatsoever reason stated under the Terms and hereunder, including but not limited to:

(a) violation of the laws in force;

(b) complaints of indecent behaviour;

(c) providing fraudulent and/or misrepresented information/details;

(d) suspicion of any illegal activity being conducted;

(e) any other activity which is punishable by law; or

(f) alleged misconduct or harassment.

11.3. We shall retain the right to terminate the Agreement for convenience, with or without giving notice to the User.

12. GOVERNING LAW

12.1. These Terms shall be governed by the laws of India. Subject to Clause 12, the competent courts of Bangalore, India shall have exclusive jurisdiction over any dispute arising under these Terms. We make no representation that the content contained on the Platform is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of the Platform/ Services. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of the Platform in such jurisdictions.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

13.1. Any action, dispute or difference arising under or relating to this Terms (Dispute) shall at the first instance be resolved through good faith negotiations between the disputing parties hereto, which negotiations shall begin, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and the rules prescribed thereunder.

13.2. The arbitration shall be conducted by a sole arbitrator appointed by the disputing parties. If such parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Bangalore, India.

13.3. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

14. MISCELLANEOUS

14.1. Third Party Links & Advertisements

(a) The Platform may contain links to Third Party websites/applications and Third-Party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for Your convenience only and does not imply endorsement or any representation or warranty by Us to content, goods or services that may be offered by these third parties.

(b) When You click on any of these Third-Party links, You are leaving the Platform and will be subject to the terms of use and privacy and security policies of the Third-Party site. You link to any such Third-Party website /applications entirely at Your own risk.

14.2. No Warranty

(a) The Platform shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of using any of the Services, including not limited to the care and treatment provided by the Practitioner.

(b) The Platform shall not be liable for any acts or omissions of the Practitioner which amount to medical negligence/ professional misconduct/ deficiency in service/ violation of any law in force.

14.3. Indemnification: You agree to indemnify, defend, and hold Us harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with: (i) Your unauthorized use of the Services, or Platform; (iii) Your access to and use of the Services; (iv) Your violation of any rights of another party; or (v) Your breach of these Terms, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without Your prior consent, any and all claims or causes of action which are brought against Us. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which You have indemnity obligations without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

14.4. Assignment: The Parties shall not transfer their rights or obligations, either in whole or in part, as envisaged in the Terms, to a Third Party without the explicit written consent of the other concerned Parties to this Agreement.

14.5. Notices

(a) The Parties shall be required to communicate any notices, requests, demands and/or other communications related to the subject-matter of the Terms with the other Party in writing, either by post or by electronic mail. Any notice to Us shall be communicated in the addresses provided below.

[Insert details – Include Address and Email]

(b) The said written communication shall be deemed to be complete and effective:

(i) as against the Party who sends it - at the time when the said communication is transmitted;

(ii) as against the Party to whom it was sent - at the time when the said communication is received.

(c) The said communication shall contain the name, contact number, and address of the sender.

14.6. Advertisement Policy

(a) For Third Party Advertisements: The Platform shall not be liable for any advertising representations made by the Third Party and/or the quality and authenticity of the products or services advertised. We do not endorse or support the content of Third Party Advertisements.

(b) For advertisements by Us: The contents of the advertisement are meant only for commercial and promotional purposes. The Platform shall not be responsible for any harm, damage or loss caused by reliance on such representations that amount to puffery.

14.7. Severability: Any clause or part of a clause of the Terms which is found to be illegal, void or unenforceable due to the law in force or by a decision of any competent court of law, shall be deemed ineffective and severed from the rest of the Terms.

14.8. Survival: The obligations of the Parties under the Terms with regard to the maintenance of confidentiality and privacy of sensitive personal data or personally identifiable data shall survive the termination/completion/lapse of the Terms.

14.9. Change/Amendment/Modification

(a) We reserve the right to effect any change, amendment or modification to the Terms, with or without notice to the User. The said change, amendment or modification shall be applicable to and enforceable by all the Parties as a part of the Terms, from the date of such change, amendment or modification is published on the Platform.

(b) The Terms prior to the change, amendment or modification shall cease to exist and shall be deemed to be supplanted by the changed, amended or modified Terms. The changed, amended or modified Terms shall thereafter govern the rights and obligations of the Parties.

14.10. Force Majeure

(a) We shall not be liable for any delay caused in performance or non-performance of any part of the Terms arising out of circumstances beyond Our control.

(b) The circumstances beyond Our control shall deem to include, but is not limited to, interruptions, difficulties, loss or malfunction of utilities, software or hardware, acts of God, civil unrest, war, etc.

14.11. Legal Compliance: The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the union government and/or by the respective state governments, in their respective jurisdictions.

14.12. Grievance Redressal: We strive to redress the concerns of users expeditiously. An aggrieved User may report his/her concern to the grievance officer who shall redress the grievances within one month from date of receipt of such grievance.

Please find below the details of the grievance officer:

Name: Don Thomas
Email: wecare@inticure.com
Address: Gopala Complex, 1st Floor No. 45/3, Residency Road, Bangalore Bangalore KA 560025

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