TERMS OF SERVICE
Acceptance of Terms
You can access, view and use EzeAssist subject to reading and accepting the terms and conditions contained in the Agreement. By accessing or using any part of EzeAssist You confirm to have read, understood, agreed to, to be bound by and to comply with the terms and conditions of the Agreement, as amended by the Company from time to time at its sole discretion. In the event You do not agree to any or all of the terms and conditions of this Agreement or any such amendment, You are requested not to use EzeAssist or its Services.
The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on the “Website“. The Company may inform You of such additions/alterations through e-mails, messages to Your account, notices posted on the Website, or through other means available through Services. Such additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to You in connection with the applicable Service(s). The revised terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. You are expected to review these Terms periodically to ensure that you are aware of any and all changes or amendments made hereto. If you do not agree with the amended Terms, you should not access or use EzeAssist or its Services. Your continued access or use of EzeAssist following any alteration to the Terms constitutes your unqualified acceptance of those alterations or modification of these Terms.
The most recent updated version of this Agreement is available on the “www.ezeassist.com/terms-conditions” website. We strongly recommend You to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.
The Company may terminate this Agreement or the Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
End Users are eligible to use the Services by registering with EzeAssist, if and only, they comply with the following conditions:
- He/ She have completed the legal age of 18 years in India (and in case You are located outside India, have attained majority as prescribed by the respective laws);
- He/ She is eligible to enter in to a legally binding contract; and
- He/ She is not barred by any applicable law for the time being in force.
In case of an individual representing the Business Partners, he/ she should comply with the following conditions:
- He/ she is fully authorized to represent the respective Business Partner to receive the Services;
- Business Partner that he/ she representing is duly organized and validly existing under the applicable laws; and
- The Business Partner has obtained all such licenses and permissions which are in full force and effect
User Sign up Obligations
You agree that You need to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”), sign up for user accounts by providing Your corporate contact information. In particular, We recommend that Business Partners use its corporate email address. You shall identify a user name and password and provide certain personally identifiable information including without limitation, name, age, entity name, contact details etc. in order to obtain an Account with EzeAssist.
You agree that, in order to access and use the Services through App, You may have to give Your mobile phone number to Us. You acknowledge that in order to provide the Services through App, We may periodically access Your contact list and/ or address book on the mobile device(s) to find and keep track of mobile phone numbers of other End Users of the App. You hereby give express consent to Us to access. Further, the End User agrees that We including our officers, employees or representatives shall not be responsible in any manner whatsoever for any misuse of its mobile phone number and other personal information by the Business Partners.
You agree to: a) provide true, accurate, current and complete information about Yourself as prompted by the Sign-up Process; and b) maintain and promptly update the information provided during Sign-up Process to keep it true, accurate, current, and complete at all times. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate Your user Account and refuse current or future use of any or all of the Services.
You shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under Your Account. You agree to (a) notify the Company immediately of any unauthorized use of Your username and passwords or any other breach of security; (b) ensure that You log off from Your Account at the end of each session; and (c) close the App each time whenever it is accessed and used.
The Company will not be liable for any loss or damage arising from Your failure to comply with this clause. Further, You agree to indemnify and hold the Company harmless for any improper or illegal use of the Account. It is agreed that the Company does not guarantee prevention of any inappropriate use of Your Account.
Subject to the compliance with the Agreement and with the payment requirements for the Services, the Company grants a limited, non-exclusive, non-sub licensable, revocable, non-transferable license and rights to use and access the Services for Your internal use. You also agree not to install or use EzeAssist for any other purpose without the Company’s prior written consent. The Company may, from time to time, update or modify the features of EzeAssist, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to EzeAssist through the respective login credentials authenticated for You,.
Representations and Warranties
You hereby represent and warrant that:
- You have the right, authority, and capacity to enter into these Terms;
- You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
- You are entitled to submit the information to the Company and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
- You will maintain the accuracy of such information;
- Use of the Services does not violate any applicable law;
- You will keep Your contact information accurate and up-to-date;
- You will not provide any false personal information to Company, or create an account for anyone other than You without permission;
- If Company disables Your account, You will not create another one without Company’s permission;
- You will not share Your permanent and temporary log-in credentials or do anything else that might jeopardize the security of Your account and other’s account;
- promptly notify the Company in case of any suspects regarding any unauthorized use of Your Account or any other security breach related to such Account;
- that You shall accept all risks of unauthorized access to Your Account; and
- You shall not infringe any intellectual property or other proprietary rights of the Company or of any third party.
Scope of Services
The Services include customer engagement platform giving end to end solutions and an array of services including: (a) customized online scheduling of any appointment by End Users with the Business Partners, its employees / staff etc.; (b) online collaboration; (c) customer relationship management features ; (d) real-time communication, web / tele-conferences, messaging, archiving and search services etc. and any other services between the Business Partners and End Users, as may be decided by the Company from time to time. The Company reserves the right to modify or discontinue the Services (or any part of the Services) or any feature or functionality thereof at any time without notice to You. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to the Company.
Restrictions on Use
You may not:
- remove any copyright, trademark or other proprietary notices from any portion of the EzeAssist;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit EzeAssist except as expressly permitted by the Company;
- decompile, reverse engineer or disassemble EzeAssist except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Services;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- attempt to gain unauthorized access to or impair any aspect of EzeAssist or its related systems or networks or Services; or
- attempt to interfere with the Services to any host or network, including, without limitation, via means of submitting a virus to EzeAssist, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
In addition to the above, You shall not:
- reformat or frame any portion of the pages that are part of EzeAssist;
- create Your accounts under fraudulent pretenses;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on EzeAssist;
- use the Services to transmit, distribute, post, or submit any unauthorized information, photo, video or any content that is libelous, defamatory, obscene or in violation of the Agreement; and
- list or post or pertain to any information that is either prohibited or restricted under the laws of Republic of India and/or other countries and regions including those in which the You are a resident.
In order to gain access to and use the Services, Business Partners shall be required to purchase a paid monthly or yearly or two-year subscription (“Subscription”). Business Partners shall be charged such fee initially at the time of purchasing the package of EzeAssist depending on the subscription plan (“Subscription Fee”) and at the end of subscription period for the usage of the Services according to the price chart and/ or subscription plan taken by it (“Price Chart”), as available at [www.ezeassist.com/pricing], which is subjected to amendment from time to time, at Company’s discretion.
All fees payable by the Business Partners are exclusive of national, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, and value added taxes) (“Additional Charges”), and it agree to bear and be responsible for the payment of all such Additional Charges, excluding taxes based upon the Company’s net income.
EzeAssist may contain links to third-party websites including payment gateway links through which the payment can be made. Such linked sites are not under Our control and We are not responsible for the content of any linked site. Use of third-party payment gateway is at Your own risk and subject to the terms and conditions of use for such sites. These Terms do not apply to other websites. Further, the Business Partner is provided with the option to renew the Subscription automatically upon completion of the previous subscription period by selecting the auto-debit option.
Breach of the Terms
You understand and agree that the Company may review any content posted on EzeAssist, and in case the Company finds, at its sole discretion, that You violate any of these Terms, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending content from EzeAssist and/or terminating the registration of Your Account and/or blocking Your use of the Services.
The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting You who involved in such violations.
You shall acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Services. You also acknowledge that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
EzeAssist allows You to upload, post, transmit and provide any information, data and content you or otherwise made available (“User Content”) which may be hosted, shared or published as part of the Services, and may be visible to other registered users. You agree not to hold the Company solely responsible for the consequences of uploading the User Content. The Company is only acting as a repository of data, User Content and those submissions made by You and do not represent the views/ clarifications of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any User Content.
You affirm, represent and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all User Content and intellectual property of them to enable inclusion and use of such User Content in the course of Services being provided on EzeAssist.
You own all of the content, network data and other information that You may upload on or share through EzeAssist. The Company does not claim any ownership rights in Your content except to the extent otherwise provided in this Agreement.
You further agree that You will not: (a) submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have the permission from Your rightful owner to share the material and to grant Company all of the license rights granted therein; (b) publish falsehoods or misrepresentation that could damage the Company or any third party, including, without limitation, loss of reputation, credibility, revenue; and (c) post any User Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party.
Intellectual Property Rights
You acknowledge and agree that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any Intellectual Property Rights, conceived or written, which subsist in EzeAssist, including without limitation its Source Code, its Documentation, any updated versions (and any modifications, improvements, enhancements of EzeAssist (“Derivative Work”) its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist and reserve all rights not expressly granted to You under the Agreement.
Unless agreed otherwise in writing with the Company, nothing in the Terms gives You or any third party a right to use any of Company’s Trademarks, logos, domain names, and other distinctive brand features.
The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from You under these Terms in or to any User Content that You submit, post, transmit or display on, or through EzeAssist, including any Intellectual Property Rights which subsist in that User Content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless Company agrees to otherwise in writing, You agree that You are responsible for protecting and enforcing those rights and that Company has no obligation to do so on Your behalf. You hereby grant to the Company, a limited, irrevocable, non-sub licensable and royalty-free license and right to use Your Trademarks for sole purpose of marketing EzeAssist and Company’s Services, unless expressed otherwise by You. Further, the Company shall have no obligation to delete or return any data or information submitted by You in EzeAssist even after termination of this Agreement.
You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within EzeAssist.
You agree that in using the Services, You will not use any Trademark, , logo etc. of any company or organization or any third party in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademarks, names or logos.
For the purposes of this Intellectual Property Rights:
- “Intellectual Property Rights” shall mean all intellectual and industrial property rights including without limitation, trademarks, service marks, trade names, trade dress, copyrights, rights of authorship, inventions, mask work rights, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above; database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practice laws, anywhere in the world.
- “Source Code” shall mean human-readable computer-programming code and related system documentation, programmers’ comments and descriptions of the compiler application and environment which is used to convert the human-readable computer-programming code into the object code form of the software.
- “Documentation” shall mean all or any portion of the documentation, instructions, manual, installation, operator guides, user guides and any other supporting or programming materials, in written or other tangible form (including on magnetic media), made available by the Company, for use of EzeAssist and its Services.
- “Trademarks” shall mean any and all trade names, service names, product names, brand names, logos, symbols, labels and other marks used in trade to indicate the source of origin of the goods or services of a business entity or an individual involved in any business, whether registered or not.
By virtue of Your usage of the Services, You may be given access to certain non-public information, software and specifications of EzeAssist which is confidential and proprietary to the Company including, without limitation, the Source Code, Documentation, designs, concepts, architecture, circuitry, formulas, processes, technology, know how, ideas, inventions (whether patentable or not), schematics, software programs, routines, subroutines, concept, ideas, data sheets, specifications, information relating to business partners, other customers and suppliers, production plans, designs, layouts, schedules, drawings, sales, cost and price analyses, evaluations, lists, manufacturing processes, marketing analysis and/or other technical, businesses, financial and product related data (“Company’s Confidential Information”).
You may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement. You agree that You will not disclose Company’s Confidential Information without Company’s prior written consent. Company’s Confidential Information shall mean all information or material that: (i) is either (a) marked “Confidential,” “Restricted,” “Proprietary,” or with some other, similar, marking, (b) known by You to be confidential and proprietary, or (c) from all the relevant circumstances should reasonably be assumed (1) to be confidential and proprietary; (2) to give You a competitive business advantage; or (3) to be detrimental to the interest of the Company if disclosed to any third party; and (ii) any other unpublished sensitive business information.
You agree and undertake that during the term of the Agreement and for a period of twelve (12) months thereafter, You will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that You would protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. You shall ensure that the Company’s Confidential Information is stored and handled in such a way as to prevent its unauthorized disclosure. You also agree to protect all the personal and other information of the other users which are confidential and proprietary to the particular user in the same manner as it is protected as Your confidential and proprietary information.
Company’s Confidential Information includes, without limitation:
- all software, technology, programming, specifications, materials, guidelines and documentation relating to EzeAssist;
- Company’s Application Program Interface (“API”) Data; and
- any other information designated in writing by the Company as “Confidential” or an equivalent designation.
Company’s Confidential Information does not include information that:
- has become publicly known through Your breach;
- has been independently developed without access to Company’s Confidential Information, as evidenced in writing;
- has been rightfully received by You from a third party who has the lawful right to disclose such information; or
is required to be disclosed by law or by a governmental authority.
These Terms shall remain in effect from the date of acceptance of these Terms in connection to the Services until terminated by You or the Company as hereinafter provided.
Either Party may terminate this Agreement with or without cause immediately upon providing notice to the other Party at any time. You can terminate this Agreement either by deleting Your Account, unsubscribing from the Service, or discontinuing Your access to EzeAssist and use of the Services. Upon any termination of this Agreement
(a) You must discontinue accessing and using EzeAssist and delete all materials, software and documentation, Company’s Confidential Information and any data relating to the Services which is the property of Company from Your system or device;
(b) You will lose all data stored in Your account, including messages, Your clients’ information and other business information stored;
(c) We will continue to have access to the personal information of Your Client or the End Users;
(d) all Your active appointments and meeting schedules in future will be automatically transfer to your email address given;
(e) all obligations or liabilities that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive; and
(f) all other rights, obligations, and licenses of the parties under this Agreement shall terminate.
If we believe, in our sole discretion, that you are engaging or have engaged in any conduct or activity that we believe, in our sole discretion, is unprofessional; obscene; violates applicable laws, rules, or regulations; or violates these Terms, the Company may suspend your right and license to access or use any or all of the Services or terminate these Terms in their entirety (and, accordingly, cease providing all Services to you), with no notice. Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement.
We shall not be refunding the Subscription Fee if You decide to terminate this Agreement and your account with EzeAssist before the end of current Subscription Period. However, You will be able to access EzeAssist and have all the Services rendered till the completion of Your Subscription period as per the subscription plan taken.
The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Sections Breach of the Terms, Confidentiality and Disclaimer and Limitation of Liability through Miscellaneous of this Agreement shall survive following any termination of this Agreement.
Third Party Content
EzeAssist may provide You with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, (hereinafter “Third Party Services”). Any such activities, and any terms associated with such activities, are solely between You and the applicable third party. The Company does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any external services, the Company does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Services.
The Company disclaims any and all responsibility or liability for any harm resulting from Your use of Third Party Services, and You hereby irrevocably waive any claim against the Company with respect to the content or operation of any Third Party Services.
Disclaimer and Limitation of Liability
THE COMPANY TRIES TO KEEP EZEASSIST AND ITS FEATURES, BUG-FREE, AND SAFE, BUT YOU AGREE TO USE IT AT YOUR OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE THAT EZEASSIST WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT EZEASSIST WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES) MAY VARY FOR DIFFERENT REGIONS AND COUNTRIES.
THE COMPANY DOES NOT WARRANT THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) ANY INFORMATION THAT YOU MAY OBTAIN FROM EZEASSIST WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OBTAINED BY YOU THROUGH EZEASSIST WILL MEET YOUR EXPECTATIONS; OR
(E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU AGREE TO BEAR ALL RISK ASSOCIATED WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION, AND RELEASE AND HOLD THE COMPANY HARMLESS FROM CAUSE OF ACTION THAT MAY ARISE IN CONNECTION WITH YOUR RELIANCE ON INFORMATION CONTAINED IN EZEASSIST.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE SERVICES PROVIDED BY THE COMPANY OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS 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). THE COMPANY DOES NOT PROVIDE OR MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED ABOUT EZEASSIST OR THE SERVICES.
YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN THE YOU AND YOUR CUSTOMERS THROUGH EZEASSIST AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS MADE BY YOU AND ANY LIABILITY ARISING OUT OF SUCH TRANSACTION OR REPRESENTATION. THE COMPANY SHALL NOT BE RESPONSIBLE FOR QUALITY AND/OR WARRANTY OF THE SERVICES PROVIDED BY YOU TO YOUR CLIENT / CUSTOMERS.
THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF EZEASSIST, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR ACCESS TO EZEASSIST. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF EZEASSIST OR THE DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM EZEASSIST. IF YOU ARE DISSATISFIED WITH EZEASSIST, YOUR SOLE REMEDY IS TO DISCONTINUE USING EZEASSIST.
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of Services, violation of this Agreement, or infringement, or infringement by any other user of his/her account, of any intellectual property or other right of any person or entity. The Company will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in Chennai, India.
If anyone brings a claim against the Company related to Your actions, User Content, or information on EzeAssist, You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold You or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for Your conduct, the Company does not control or direct Your actions on EzeAssist and is not responsible for the User Content You transmit or share on or use in EzeAssist or for any of Your actions using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content You may encounter on EzeAssist. The Company is not responsible for the conduct, whether online or offline, of You.
If You has any questions concerning EzeAssist, this Agreement, the Services, or anything related to any of the foregoing, the Company’s customer support can be reached at the following email [•] or via the contact information available from the following hyperlink: [•].
In accordance with the Information Technology Act, 2000, and the rules made there under, if You have any grievance with respect to EzeAssist or the Services, including any discrepancies and grievances with respect to processing of information, the Company’s Grievance Officer may be contacted at:
- No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- If any portions of these Terms are found to be unenforceable by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, the remaining portion will remain in full force and effect; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal
- The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
- Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
- You will not transfer any of Your rights or obligations under these Terms to anyone else without the Company’s consent.
- All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent the Company from complying with the applicable laws.
- These Terms do not confer any third party beneficiary rights.
- The Company reserves all rights not expressly granted to You.
- You will comply with all applicable laws when using or accessing the Services.