End User License and Subscription Agreement
This End-User License and Subscription Agreement (the “EUL&SA”) is a binding legal agreement between you (individual or legal entity having charge or authorization to record and monitor growth data of a child, generally referred to hereinafter as the “User”) and Ambrosial TechOfferings Private Limited its existing subsidiaries, affiliates, licensors, associates and partners (cumulatively referred to hereinafter as the “Company”) covering your use of the appropriate version and plan (as selected/assigned while signing up or assigned to your account while its creation or via your subscription) of the software titled “KidNurture”, integrated analytics and allied services (cumulatively referred to hereinafter as the “Licensed Products”, more particularly described at Appendix A to this EUL&SA).
completing the signup(registration) process/Clicking the link/checking the checkbox suggesting the acceptance of the agreement (e.g. “I accept the agreement”) symbolizes signature of the User (which shall be electronically recorded by the Company) as a formal admittance by the User to having understood and agreed to all the terms and conditions of this EUL&SA. Use of the Licensed Products shall signify the User’s acceptance of this EUL&SA inclusive of any future updates thereto.
This Agreement is an electronic record and generated by a computer system and does not require any physical or digital signatures.
Please do not accept the agreement by completing the signup(registration) process/Clicking the link/checking the checkbox should the User not agree with this EUL&SA, in which event, the User will not be authorized to access or use the Licensed Products for any purpose whatsoever.
You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
Your access to use the Subscription Services will be solely at the discretion of Company.
Please print or save a copy of this EUL&SA for your records, set forth as under:
 This EUL&SA applies to and governs any updates, supplements or replacements for the Licensed Products unless a separate agreement accompanies such updates, supplements or replacements, in which case the separate agreement will apply; This Agreement also applies to those services made available by Company on the Website (www.kidnurture.com) and through native mobile applications (kidnurture or any other If applicable), which are offered free of charge to the Users (“Services”),The Services may change from time to time, at the sole discretion of Company, and the Agreement will apply to your visit to and your use of the Website and/or native mobile applications (kidnurture or any other If applicable) to avail the Services, as well as to all information provided by you on the Websiteand on native mobile applications (kidnurture or any other If applicable) at any given point in time.
 Continued patronage of the Licensed Products by the User shall be deemed to imply full awareness and unconditional consent to latest versions of the Legal Texts so listed irrespective whether, or not, the Company issues any public and/or personalized notice(s) for attention of the User.
GRANT OF LICENSE AND FEES
 Validity of the License shall be subject to due payment of registration and/ or subscription fees by the User to the Company in accordance with the User’s choice among subscription plans and modalities for payment provided by the Company ( ”Accepted modes of payment”, more particularly listed at Appendix B to this EUL&SA). The Company however, shall have sole discretion to alternatively offer the License or any part of the Licensed Products gratuitously for no fee or at discounted costs, initially or from time to time thereafter, to select users for evaluation or other purposes the Company may deem fit.
 All charges and fees under this EUL&SA shall be inclusive of all state, municipal, or other government excise, sales, service, use, occupational, or like taxes presently in force. The Company shall however have a right to pass on any additional taxes or other levies that are imposed upon the sale or delivery of the Licensed Products under this EUL&SA to the User that the Company may be required to collect or pay now or at any time in the future.
 Term of the License shall commence upon execution of these presents followed by payment of registration and/ or subscription fees by the User and shall so continue to remain in full force till terminated either: a) automatically with immediate effect upon occurrence among any act of default and/or misconduct by the User; b) at will by the User by immediate effect by unsubscribing to the Licensed Products; OR c) at will by the Company upon 30 (Thirty) days prior notification and refunding any charges paid by the User that run beyond the proposed date of cessation in provision of the Licensed Products.
 In the event any payment from the User is overdue, the Company shall reserve sole discretion to render that particular User’s account inactive until revived by the User by clearing the charges and/ or any penalty fee prescribed by the Company. Should this action be not attended to within the next 30 (Thirty) days, the Company, at its sole discretion, may choose to delete the particular User’s account altogether with any and all data stored therein. Such deletion of User account shall be irreversible and the Company shall have no responsibility towards the User and/ or data of the User in such consequence.
 Upon termination of this EUL&SA, the User shall immediately cease all use of the Licensed Products but may retain all data in possession of the User that was generated previously during valid term of this EUL&SA. Upon termination, the Company will reserve exclusive discretion to delete the User’s account and data stored on the Company’s server. Responsibility of taking due backup of data at time of unsubscribing to the License shall be solely that of the User.
DELIVERABLES AND TECHNICAL SUPPORT
 The Licensed Products comprise software and service components more particularly described at Appendix A to this EUL&SA, the delivery of which shall be provided by the Company as a web-based service accessible at https://www.kidnurture.com depending on the Subscription Plan of the User.
 For valid term of the License, the Company shall provide to the User basic support services comprising access to online literatures at appropriate places at https://www.kidnurture.com and interactions over email and, wherever possible, over chat and VOIP platforms during the Company’s normal business hours, excluding scheduled holidays. The User understands and agrees that the Company shall reserve the right to charge additionally for further engagements including personalized on-site or remote assistance, updates, and/ or customization services in relation to the Licensed Products. These arrangements shall be subject of independent contract with the Company.
 The Company optionally offers additional services including listing the contact details of healthcare professionals and doctors, booking of appointments with said healthcare professionals and doctors; Sharing of updates, infomercial content and alerts; Training and comprehensive maintenance support for the latest version of the Licensed Products, and provision of interactive communication platforms for blogs, private communications between Users, healthcare professionals and doctors (the “Additional Services”) which may be availed separately by the User, preferably through https://www.kidnurture.com. The Company exclusively reserves the right of varying the content, presentation and charging separate fees as it may deem fair for such Additional Services, especially if the User so wishes to avail any of these services on a priority, committed and/ or detailed turnaround basis.
 The Company, at its sole discretion, may include information and/or marketing content such as advertisements (including hyperlinked content) concerning products and services of third parties, which shall be visible and may be offered for sale to the User while using the Licensed Products. The Company may receive remuneration from their respective sources for inclusion of said information and/or marketing content but does not, in any way, endorse any such content. Without prejudice, the Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all such information and/or marketing content, except as required by applicable law. The Company may additionally localize and/or implement computerized processes to tailor the advertisements to the User and gather your responses to the same. The User agrees that the Company shall have exclusive rights to use such information, including any content generated by the User while using the Licensed Products severally, or in an aggregated non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates as it may deem fit.
 The User acknowledges that it may be sometimes required to amend scope of work and nature of deliverables to suit requirements of the User. In such events, the Parties hereto agree to following protocol for effecting such arrangements: a) User may, at any time during the operation of this EUL&SA may request the Company, in writing to customize the Licensed Products or undertake any reasonable alteration to the manner of implementation of the Licensed Products; and b) Upon receipt of written request from User, the Company shall, within period of 30 (Thirty) days inform the User, in writing, of the feasibility, effect of requested variation on charges due, turnaround times and upon confirmation of which, again in writing from the User, proceed to undertake the alterations requested.
INTELLECTUAL PROPERTY RIGHTS
 All content used in connection with the Licensed Products including the brand identity/ies of the Company, the trademark “KidNurture”, tile layouts, in-application graphics, user interface layouts, output report formats, source code, literatures accompanying the Licensed Products and executable version of the KidNurture software (collectively the “Property”) are exclusive intellectual property of the Company or to which rights have been duly secured by the Company from their respective owners. These, including without limitation all know-how, concepts, logic and specifications, are proprietary creations of the Company and are protected under various national as well as international intellectual property legislations. All rights, titles and interests in the Licensed Products or further any error corrections, enhancements, updates or modifications to the Licensed Products shall be exclusively vested in the Company. The User understands and acknowledges that the Licensed Products are merely licensed, but not sold to the User under this EUL&SA.
 Under all circumstances, the User shall not a) Copy, reverse engineer, disassemble or decompile the Licensed Products or any part thereof, or otherwise attempt to derive or determine the source code or the logic in the KidNurture software; b) Sub-license, rent, sell, lease, distribute or otherwise transfer the Licensed Products or any part thereof or render any commercial service based on the Licensed Products unless a separate license to the effect is separately obtained from the Company for such specific purposes; c) Use the Licensed Products for the purposes of competing with the Company, including without limitation, providing competitive intelligence to any third party; d) Subvert, mask or remove any security or anti-piracy features or proprietary tags that may be incorporated by the Company in the Licensed Products; and e) Use the Licensed Products for any unlicensed and illegal purposes whatsoever.
 All rights in and to the original content generated by the User while using the Licensed Products, including data, comments, blog posts and materials shall be deemed to be assigned to the Company since their time of creation, and so shall become exclusive property of the Company thereafter. Irrespectively, the Company shall however reserve the right of discretion as to moderation and deletion of any content generated by the User, without obligation of assigning any reason thereto whatsoever.
WARRANTIES, ASSURANCES AND LIMITATION
 The Company shall take best reasonable care to ensure, but will not commit, that the Licensed Products will substantially be of the form and performance stated in their respective descriptions. For a period of 90 (Ninety) days from execution of these presents (the "Warranty Period"), The Company warrants that the Licensed Products will have no errors when used correctly by the User. This warranty will be void if the User, or anyone else other than the Company modifies or attempts to modify the Licensed Products.
 To claim any breach of warranty, the User must, during the Warranty Period, notify The Company in writing of the latent or patent defects that the User has encountered and provide the Company with all the information had, in written or electronic form, about said defects, sufficiently in the manner that allows the Company to comprehend, diagnose, and correct said defects. In this effort, the Company will use commercially reasonable efforts to correct the defects reported or provide the User with a defect-free replacement. In the event the Company is unable to correct said defects and provide a replacement or determines that it will not be feasible to do so, the Company will refund all fees received from the User for the particular License applied.
 Apart from the above sole limited warranty, the Licensed Products are otherwise provided on “AS IS” and “AS AVAILABLE” basis without any warranties or representations, expressed or implied of any kind or nature. To the fullest extent allowable under applicable law, the Company disclaims all warranties and claims, whether express, implied, or statutory, including any warranties that the Licensed Products are merchantable, reliable, accurate, fit for any particular purpose or need, non-infringing, free of virus/ malicious programs, free of defects, able to operate on an uninterrupted basis, or that the use of the Licensed Products by the user is in compliance with laws of any specific territory. The User agrees to avail and use the Licensed Products at his, her or its own sole risk and consequences.
 In the event that applicable law does not allow the exclusion of certain warranties or product claims or the limitation or exclusion of liability for incidental, consequential or other damages, the Company, its agents or anyone involved in creating or providing the Licensed Products shall, in no event, be liable for damages, losses, and/or causes of action exceeding the amount as may be paid by User to the Company as subscription fee for the then ongoing term of License or Rs. 5000/-, whichever less.
 The User agrees to indemnify and hold harmless the Company from all claims or causes of action, costs, fines, penalties, liabilities, damages, and expenses (including attorneys’ fees) resulting from or related to the User’s use of the Licensed Products, violation of this EUL&SA, or violations of any rights of a third party, or any allegation thereof which are directly attributable to any act on part of said User. The User further warrants his prompt and unconditional cooperation in any matter that requires assertion or defense of the Company’s rights in this context.
 Without any exception whatsoever, the User fully understands and agrees that the Licensed Products and Additional Services are a source of information provided by the Company for convenience of the User and none of these are, nor will be, a substitute in any manner for real healthcare professionals, doctors and medical care.
 Use of the Licensed Products will, at all times for operation of this EUL&SA, be considered at the will and hands of the User, irrespective of whether, or not, the User has shared his/her/it’s information with anyone as may be required to access and use the Licensed Products. The Company expressly denies all answerability and also liability towards anyone other than the User in using the Licensed Products.
 The User acknowledges that other entities, including doctors, healthcare professionals, other users and third parties outlined in this EUL&SA have controlled access to implementation environment of the Licensed Products. However, actions of such other entities are beyond control of the Company and accordingly, the Company does not assume any liability for or relating to any impairment of privacy, security, confidentiality, integrity, availability, or restricted use of any information within the implementation environment of the Licensed Products resulting from any other entity's actions or failures to act.
 With reference to the foregoing section titled “Grant of license and fees”, the User agrees that all fees, once paid to the Company, shall be non-refundable irrespective of whether or not the User opts to continue usage of the Licensed Products till completion of the paid-up term of subscription and/ or decides to switch among Subscription Plans provided by the Company.
 Without derogating from the generality of the foregoing section titled “Warranties and Assurances”, the Company will not be liable for interruption, malfunction, downtime or other failure of the Licensed Products or any of their components for any reason whatsoever nor the loss or damage to third party resources or content accessed or made available while using the Licensed Products and further to any such event over which the Company has no direct control.
 The Company shall not be responsible for unauthorized access to the User’s data, facilities or equipment by individuals or entities using the Licensed Products or for unauthorized access to, alteration, theft. corruption, loss or destruction of the User’s data files, programs, procedures, or information through the Licensed Products, whether by accident, fraudulent means or devices, or any other means. The User shall solely be responsible for validating the accuracy of all output and reports, and for protecting own data and programs from loss by implementing appropriate security measures, including routine backup procedures. The User hereby waives any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company will not be responsible for the content of any information transmitted or received through our provision of the Licensed Products and/or Additional Services.
 With reference to the foregoing section titled “Deliverables and technical support”, The Company will have no obligation to provide maintenance and support services for any Licensed Products that are damaged, modified, incorporated into other software, or installed in any computing environment not supported by The Company by anyone other than the Company; or for any version of a Licensed Product other than the latest and immediately preceding version; or for any problems caused by negligence, abuse, misuse by the User, or by any causes beyond the Company's reasonable control.
 Additional Services shall be subject to limitations including limits of disk storage space, maintenance of updated correct contact information by the User, continuity of respective third party service providers for voice, short messaging and data communications as well as other limits depending upon the Subscription Plan chosen by the User including the number of calls, appointments, SMSes, accounts, validity of subscription and any other limitations the Company may implement from time to time in best interest of making available the Licensed Products. The Company shall not however guarantee and will not be responsible anyway for continuity and uptime of the Additional Services, absence, delays and/ or correctness of communications received by the User, availability of doctors and healthcare professionals as well as consultation availed and implemented upon by the User in connection with the Licensed Products and Additional Services.
 For commercial viability and keeping subscription fees fair as possible, the User agrees to receive infomercial content from third parties as part of implementation of the Licensed Products under this EUL&SA. The Company shall have sole discretion to select said infomercial content, but shall have no liability whatsoever in its context. The User is encouraged to use sole discretion before heeding or in any way acting upon said infomercial content.
 Use of the Licensed Products may additionally be subject of other local, state, national, or international laws and/ or export control regulations. The User shall be solely responsible for ensuring compliance with said legislations while registering and/ or availing the Licensed Products.
 The Company may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) use of the Licensed Products by the User and may additionally require documentation to verify performance and compliance of the User with respect to this EUL&SA. In this parlance, the User unconditionally agrees to give the Company (or auditing firm appointed by the Company) reasonable access to your facilities and records for purposes of conducting said audits. The Company shall provide the User at least 10 (ten) days advance notice before conducting any audit(s). The audits will be conducted during normal business hours and all costs for the same shall be borne exclusively by the Company, unless a non-conformity is determined on part of the User, in which event, the User shall be liable to reimburse the Company costs of the particular audit.
 The Parties to this EUL&SA are independent contractors. Neither Party is the agent or partner of the other Party, or has any power or authority to act on behalf of the other Party.
 All notices and correspondence in connection with this EUL&CA shall be in writing, preferably across email to email@example.com for the Company and email address of the User recorded at time of registration. All such notices shall be deemed to have been given or served when delivered.
 The User agrees that this EUL&SA shall be governed exclusively by the substantive laws of India, and any dispute, claim or controversy arising out of or relating to EUL&SA, Licensed Products, Additional Services or the information to which they give access, to the extent tenable, shall be determined by arbitration before a single arbitrator appointed by the Company. Such arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or equivalent legislation that may be in force at the time of said dispute. Venue of arbitration shall be Pune, India and all proceedings shall be carried out in English language. Costs of arbitration shall be borne by the User. Award of such arbitration shall be final and binding on the parties to the dispute. Should arbitration be ineffective in reaching resolution within 6 (six) months, the parties hereto shall have the right to seek recourse with exclusive jurisdiction of the Courts at Pune, India.
 All disputes and differences that might arise upon execution of this EUL&SA shall be attempted to be first settled amicably by direct communications between the User and the Company. In case said dispute is not so settled within period of 30 (Thirty) days, the dispute shall be referred to a sole arbitrator chosen by the Company. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or such legislation then in force at the time a particular dispute is submitted for arbitration. Venue of arbitration shall be Pune and proceedings shall be conducted in the English language. Costs of arbitration shall be shared equally between the disputing parties. Award of such arbitration shall be final and binding upon the disputing parties.
 If any term(s) of this EUL&SA are found to be invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms of this EUL&SA. Conversely without limitation, failure of the Company to exercise or enforce any right or provision of this EUL&SA shall not constitute a waiver of such right or provision.
 The Company will not be liable for any delay or failure to fulfill its obligations hereunder that results from any natural calamity (such as earthquake, flood etc.), war, civil disturbance, government policies, or other cause/s beyond its control. Provided that the Company shall endeavor to complete the task within a reasonable period after happening of any event as covered under such force majeure.
 This EUL&SA constitutes the entire and exclusive understanding and agreement between the User and the Company regarding the Licensed Products and Additional Services, and this EUL&SA supersedes and replaces any and all prior oral or written understandings in said context.
Appendix A: Description of Licensed Products
- Subscription to appropriate version and plan (as selected/assigned while signing up or assigned to your account while its creation or via your subscription) of the software titled “KidNurture”
Appendix B: Payment Modes
The following payment modes are available to you for payment:
- RTGS/NEFT (kindly contact firstname.lastname@example.org for obtaining bank details)
- Cheque/Demand Draft/Pay Order favouring ‘AMBROSIAL TECHOFFERINGS PRIVATE LIMITED’ payable at Pune
Your use of the Services will be deemed as a representation made by you of the fact that you are
- legal guardian,
- any other duly authorized entity
permitted to monitor growth and development of the child by registering on the Application.
We reserve the right to alter or modify these Terms at any time without giving prior notice to you. Your use of the Application and/or any Services offered constitutes your unconditional acceptance of these Terms. We also reserve the right to post supplementary terms for any Services that may be offered. In such an event, your use of those Services will be governed by these Terms as well as any such supplementary Terms.
When you register with us, you must signify your acceptance of these Terms by completing the signup(registration) process/Clicking the link/checking the checkbox via the online registration form on the Application signifying your acceptance of these Terms. If you do not agree to these Terms or any future alterations or modifications to these Terms, you must immediately discontinue use of the Application and any Services offered by it. You are also free to discontinue use of the Application at any time by intimating us of your desire to do so by emailing us at email@example.com and we will cancel your subscription, remove your account and strive to remove all associated data within 7 days of receiving such email. You agree and acknowledge that you will be deemed a subscriber to the Application and be bound by these Terms until we have completed your deregistration process and communicated to you a confirmation of the same.
If any of these Terms is determined to be unlawful, void, or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure to act with respect to a breach of any of these Terms by you does not waive our rights to act with respect to any later or similar breaches.
We reserve the right to suspend or terminate your access to all or any of our Services at our sole discretion at any time by giving you prior notice. We also reserve the right to suspend, add, modify or discontinue any or all Services available on the Application at our sole discretion at any time without giving you prior notice. In such an event, you agree and give your consent to the fact that we will not incur any liability to you or any third party.
The Application is a software for monitoring child growth and development. It revolves around the methodologies used in pediatrics which demand certain time based actions and decisions to be taken during growth of the child. A history of such actions and the resultant data, related medical history and analysis would aid parents and the concerned medical practitioners to take informed decisions.
The Application allows you to a create profile of a child under your care. As soon as a profile is created,the Application creates a complete calendar of screenings for the child. These screenings require you to provide correct information regarding the child, for instance, length, weight and head circumference if the child is between 0-2 years. Values for the constituent parameters of a screening will be provided by you and that value can be stored in the profile of the child. The Application allows you to upload any document related to that measurement (photograph, medical report, prescription etc), and you may also add any comment/notes during measurement.
Screenings are classified into different streams during the developmental phase of a child, e.g., Growth, Development, Immunization, Nutrition, and Physical examination etc. Screenings may further be grouped under a test that would mean a combination of screenings under one stream.
The selection of screenings by us is on the basis of medical research as well as feedback received from interaction with experts in the field. Additionally, licensed globally acceptable screenings have also been incorporated in the Application. There may be subsequent alterations of screenings with the progress of time.
Relevant data used by the Application other than the data uploaded by you is extracted from well-researched open source publications and under applicable license/permission where applicable.
The Application allows you to also store illness related data for a child and consequently is completely reliant on you to provide accurate information and upload correct records pertaining to the child under your care. You, therefore, acknowledge and agree that any faulty recording of such data by you resulting in inaccurate results after processing by the Application will not expose Ambrosial to any legal liability.
Since medical opinion can be subjective, you acknowledge and admit that analysis and findings recorded by the Application may vary if you compare the same with other sources. Similarly, the Application will calculate the timeframe for most of these parameters/screenings according to medical details but their interpretation might vary depending on the opinion of a particular expert. In such an event, you agree not to initiate a dispute, legal or otherwise, with Ambrosial.
You acknowledge that certain calculations are different as some screenings work periodically (daily/weekly/monthly, etc.) and no date system can actually calculate age in months considering anomalies in the English calendar. Therefore, the Application has its own system of calculating a child’s age based on medically acceptable parameters which may have slight variations when compared with calendar dates. In such an event, you agree not to initiate a dispute, legal or otherwise, with Ambrosial with respect to such variations.
A child’s profile can only be viewed by the person authorized to do so, namely, its parent/legal guardian/doctor. The information fields visible to you and features available to you in the profile after login depend on whether you are a parent/guardian or doctor who is involved in the child’s treatment. If you, not being the parents/legal guardian/doctor of a child, want to create a profile of the child, you undertake that you will obtain appropriate authorization from the parent/legal guardian of the child to be able to create a profile on the Application. You agree that without such an undertaking we will not be able to provide you access to Services on the Application.
The Application is designed to include screenings for a full term child by default. Accordingly, if a child is pre-term, you have to specify that the child is pre-term when the profile of the child is created by you. If you do not so specify, the Application will not be able to process relevant data appropriately to deliver accurate results. In such an event, you agree that you will not hold Ambrosial liable for any such inaccuracy.
Certain measurements (e.g., head measurements) may have to be measured clinically by a qualified healthcare/medical practitioner. You are required to verify such measurements according to established pediatric practice and provide correct data to the Application for accurate results. If you do not provide verified and correct data, the Application will not be able to process relevant data appropriately to deliver accurate results. In such an event, you agree that you will not hold Ambrosial liable for any such inaccuracy.
All content and material on the Application including but not limited to information, images, marks, logos, animation and softwares (collectively referred to as “Content”) are protected by applicable intellectual property laws.
Any usage of the Application without consent for any unintended purpose like advertisement, publicity or any other purpose will be considered an infringement of our proprietary and intellectual property rights and will make you liable for appropriate legal action including injunction and compensation.
You may not yourself or through a third person or through any automated program commit any act, implied or express, which violates any intellectual property right including copyright and trademark rights in any Content. If you would like to use any of the Content on the Application, you will do so only after obtaining specific permission from Ambrosial.
The Application may contain third party Content or Content posted by other Users. In such case, we do not guarantee the accuracy, integrity or quality of such Content. You agree that if you rely on such Content, you do so solely at your own risk and liability.
Intellectual property rights in Content not belonging to us belong to the respective owners and any claims arising out of such content must be directly addressed to the respective owners.
The Application may contain links to third party Applications/websites. If you visit any such Application/website, you will be subject to terms and conditions posted on it. We neither control nor are responsible for Content on such sites. The fact of a link existing on our Application to a third party website/application is not an endorsement of that website/application by us.
You understand that activities on such third party websites are solely between you and such third parties. You understand and acknowledge that we will not be liable for any loss or damage you may incur as a result of any of your transactions with such third parties.
4. YOUR RESPONSIBILITIES
You are legally responsible and liable for all of your activities on the Application.
You may not frame the Application. You may not impose editorial comment, commercial material or any information on the Application or alter or modify Content on the Application, or remove, obliterate or obstruct any proprietary notices or labels.
You may not use Content on the Application for commercial purposes including using the same for soliciting any commercial transaction or transaction that can be deemed commercial in the eyes of the law.
By viewing or using the Application or availing of any Services or using communication Services including but not limited to chat rooms, email services or any other real time or non instant messaging facility provided by the Application, you acknowledge that you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You agree that we will not incur any liability for the same.
During the registration process, you will be required to choose an electronic mail address as a login name and a password and give us your contact details including your name, postal address, email address, telephone number(s). You undertake that you will update this information and keep it current. You acknowledge that we may, at any time, verify the correctness of this information and in order to do so may require additional documentary proof from you failing which we reserve the right to take whatever action we deem appropriate with regard to your registration with us.
You may not choose a login name that violates any person’s intellectual property or proprietary rights.
You may not create a login name or password or upload, distribute, transmit, publish or post through or on the Application or through any service or facility including any instant or non – instant messaging facility provided by the Application, Content which is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing or which contains expressions of hatred, racial discrimination, pornography or are otherwise objectionable, or which would constitute incitement to commit a criminal offence, violate the rights of any person, or violate any law.
Your login name or Content may not disparage in any manner Ambrosial, the Application or any of its sponsors, products, Services, or websites/applications.
You will not upload, distribute, or publish through the Application, Content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 in force in India) which may interrupt, destroy or limit the functionality or disrupt any software, hardware, or other equipment.
You may not, through any service or facility including any instant or non – instant messaging facility provided by the Application, promote the Services of any third party including websites/applications that may be providing Services similar to Ambrosial.
You may not intentionally disrupt other users or discussions by repeatedly posting the same message or through excessive posts with any messaging facility, forums, blogging or bulletin board services, if any, provided on the Application.
You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information from the Application.
You may not host, intercept, emulate or redirect proprietary communication protocols, if any, used by the Application regardless of the method used, including protocol emulation, reverse engineering, modifying the Application or any files that are part of the Application. You may not add unauthorized components, create or use exploits, bots, hacks or any other third-party software designed to modify the Application or use any third-party software that intercepts, mines or otherwise collects information from or through the Application or through any Services.
You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Application or by using any Services.
You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Application by you. You certify is such content is proprietary; you are either the ownerof intellectual property rights in or authorized to use such content.
By submitting content to the Application, you agree to grant us a royalty-free, world-wide, non-exclusive, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. You understand that you do not obtain any rights, legal or equitable, in any material incorporating your content.
Subscriptions are time based. You understand that you have to renew your subscriptions, periodically as per Ambrosial’s policy. Non-renewal of subscriptions by you within the specified time period will result in expiry of your subscription and your account will be suspended and finally deleted and all information removed if you do not renew your subscription even after reminders from us. In such an event, you agree not to raise a dispute with us. The Application may require you to pay a subscription fee, as described in the “PAID SUBSCRIPTION” section below.
Your subscription to the Application signifies that you agree and consent to the following:
- You represent and warrant that you are eligible to contract under the Indian Contract Act, 1872 and that you have the legal capacity to enter into this Agreement.
- Your use of the services available on the Application will be deemed as a representation made by you of the fact that you are the parent, legal guardian or medical practitioner of the child whose data is under process or storage by the Application or that you are an entity legally authorized to create the profile of such child.
- You agree and acknowledge that we will take all steps necessary to determine whether your subscription with us is in accordance with the terms and conditions laid down herein.
- We reserve the right to suspend your account and prohibit your access to the Application should we have reasonable grounds to suspect that your subscription with us is for any purpose other than the Services that you can avail of through the Application.
- You will be liable to comply with any applicable law while registering on the Application. You agree to indemnify us against any claims, expenses or liabilities by any person or entity arising out of your non-compliance of any applicable laws.
- You acknowledge that your registered electronic mail address with us is our primary method of contacting you and you agree to keep such address current and updated at all times.
- The number of child profiles created by you or space allocated to your account depends on the subscription plan you have chosen. If your requirement exceeds the number of profiles as specified by these Terms, you agree that you will have to upgrade your subscription plan under the Terms specified herein.
6. PAID SUBSCRIPTION
When you avail of services provided through the Application, you agree to pay such subscription or fee as applicable. We reserve the right to change the amount of such subscription fee at any time and you agree to accept such changes unconditionally. Any applicable tax, levy or cess on membership charges will be borne by you.
Your membership on the Application that requires you to pay subscription fees is additionally subject to the following terms and conditions:
- The subscription fee paid by you is non-refundable. We, therefore, recommend that you familiarize yourself with and understand fully the scope of the Services before being a paid subscriber.
- Your registration details including your name using which you have registered on the Application must correspond with the name and other details on your credit card or any other payment system by means of which we accept payments to the Application. We reserve the right to verify your identification details from time to time before effecting a transaction with you. At any point of time in our transactions with you, if we detect or have reasonable cause to suspect that you may be involved with identity fraud, we may bar you from accessing the Application without prejudice to any other legal recourse we may have.
- The number of child profiles created by you or space allocated to your account depends on the subscription plan you have chosen. If your requirement exceeds the number of profiles as specified by these Terms, you agree that you will have to upgrade your subscription plan under the Terms specified herein.
- The following payment modes are available to you for payment of the subscription fees:
- Credit and debit cards of the kinds mentioned on the Application;
- RTGS (Kindly contact us at firstname.lastname@example.org) for obtaining bank details;
- Cheque/Demand Draft/Pay Order favouring ‘Ambrosial TechOfferings Pvt. Ltd.’ payable at Pune
- You understand that while availing any of the payment method/s as listed above, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for a transaction, or
- Exceeding your credit limit; or
- Any payment issue arising out of the transaction, or
- d. Decline of transaction for any reason whatsoever
- All payments by you shall be compulsorily in Indian Rupees only.
- You understand and agree that we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) for authentication of the payment instrument used to pay subscription fees.
- You accept and agree that the online payment facility provided by Ambrosial is nothing more than an electronic, automated online electronic payment system using the existing authorized banking infrastructure and Credit Card payment gateways.
- Ambrosial reserves the right to refuse to process Transactions by you should you have a prior history of questionable charges including without limitation breach of any agreement with Ambrosial or breach/violation of any law or any restrictions imposed by any issuing bank or breach of any policy.
- Ambrosial may conduct such checks as it deems fit before accepting payment for security or other reasons at the discretion of Ambrosial. As a result of such checks, if Ambrosial is not satisfied with the credibility and genuineness of the Subscriber or mode of payment of the subscription fee, it will have the right to reject the subscription.
- You acknowledge that Ambrosial will not be liable for any damages, interests or claims, etc. resulting from not processing a payment or due to any delay in processing a payment that is beyond Ambrosial’s control.
- You shall comply with all laws applicable to you for using the Payment Facility on the Application.
- All Valid payment instruments are processed using a third party payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between you and the respective Issuing Bank and payment instrument issuing company.
- All electronic payments are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to you and Ambrosial does not see or is privy to your payment information at any point of time.
- For cheques/demand drafts/pay orders, your subscription will be valid and will begin only after the amounts in the said instruments are realized by Ambrosial.
- In case, there is a short charging by Ambrosial for the designated fees because of any technical or other reason, Ambrosial reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
- You understand, acknowledge and agree that Subscription Fees are exclusive of taxes. Ambrosial reserves the right to alter any and all fees from time to time, without notice to you. Ambrosial reserves the right to discontinue the Services and delete all information related to the profile(s) you may have created due to non-payment of subscription fee, apart from any legal recourse available.
- Once subscription fees are paid, Services may be activated between 0 to 7 working days from the date of payment realization by Ambrosial. If service activation takes longer due to certain unavoidable reasons, we will notify you of the same.
- You understand and agree that we reserve the right to suspend or terminate your account with us solely at our discretion at any time and refund your subscription fees after deduction of the appropriate amount on a temporal pro rata basis depending on your usage without incurring any additional liability to you whatsoever. However, should we have reasonable cause to believe that any fraudulent activity including, inter alia,
- using payment instruments not belonging to you without permission of the owner of the instruments to make payments, or
- accessing someone else’s account without authorization,
is being carried out involving your account, we may, apart from terminating your account and debarring you from future registration with us, take recourse to due legal process for mitigation of the fraud.
7. INTELLECTUAL PROPERTY RIGHTS
The design of the Application and the source code of the underlying applications are the property of Ambrosial and are protected by appropriate intellectual property laws including but not limited to copyright and trademarks. Content on the Application that is not uploaded or populated by you or is not publicly available shall be deemed to belong to Ambrosial. Certain other content is licensed to Ambrosial by their respective owners.
You are prohibited from copying, adapting, distributing or reverse engineering the Application or any of its associated application in any manner. Any Ambrosial content that is available may not be copied or used without due written authorization from Ambrosial. Any violation of the terms of this section may result in Ambrosial initiating appropriate civil and criminal proceedings against you.
Certain components of the Application are governed by the following open source licenses available at their respective Applications/websites:
- Apache License 2.0
- Zope Public License V 2.1
- GNU lesser general public license
8. DISCLAIMER AND INDEMNIFICATION
Ambrosial expressly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non - infringement, merchantability and fitness for a particular purpose.
You understand and agree that the current version of the Application and its Services constitute a Beta release and will be used for live testing on data supplied by you. Therefore, Services available through the Application and/or any profile(s) you may have created may sometimes not be available to you or the data you may have uploaded may be lost. In such a case, you agree to re-upload the lost data without raising a dispute with Ambrosial. You also understand, acknowledge and agree that because the Application as it is available now is a beta release, operation on the data by the web-application software via the Application may not be bug/error free. You, therefore, agree not to hold Ambrosial liable for any loss of data due to such error or bug should such error be manifest or bug be made apparent in the functioning of the Application. Once, the beta testing is over, Ambrosial will release the Application fully after error rectification and removal of bugs revealed during beta testing, if any.
You understand and acknowledge that the information and Services available through the Application are not meant to be a substitute for qualified and professional medical advice and are primarily meant for informational purposes only. Consequently, Ambrosial does not imply that you should use the Application as a substitute/replacement for the opinion of a qualified medical/healthcare professional/practitioner or ignore/contradict/discard the opinion of a qualified medical/healthcare professional/practitioner or dispense with required independent medical tests ordered by qualified healthcare/medical professionals/practitioners. You understand and agree that if you use this Application for any purpose other than purely informational purposes, you do so entirely at your own risk and will not make Ambrosial liable for any consequence(s) that may arise thereby.
You understand and acknowledge that the Application is an automated platform or an interface for accessing certain services. Therefore, your interactions and dealings with third party entities that you may find on or through our Services, whether commercial or personal, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities. You should make whatever investigation or precaution you feel is necessary before proceeding with any online or offline transaction with any such entity.
You agree not to make Ambrosial responsible or liable for any loss or damage of any nature incurred as the result of such dealings. You understand and agree thatAmbrosial is under no obligation to become involved in the event of a dispute between subscribers on the Application, or between subscribers and any third party. In the event of such a dispute with one or more other subscribers, you hereby release Ambrosial, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Services.
Ambrosial does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Application or its Content including software, your account or continued operation or availability of any facility on the Application and that you voluntarily and with full knowledge risk such contingencies as aforesaid when you subscribe to the Application.
You agree that in the unlikely event of interruptions in the Services or your computer being affected by any viruses or computer contaminants from the Application, such outages would be with your permission and that you will not file any claims for compensation under any law for the same.
Additionally, Ambrosial does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by Ambrosial at times or for extended periods of time. Ambrosial also reserves the right to shut down the operations of the Application permanently should it be compelled to do so due to unforeseen circumstances or for any reason not under the control of Ambrosial including but not limited to financial or regulatory issues. In such an event, you agree not to make Ambrosial liable in any manner.
You agree to assume the whole and entire risk as to the results and performance of any Services availed by you on the Application as such result and performance among other things depends on your Internet connection. Ambrosial expressly disclaims liability for any delay or failure for you to access the Application.
Ambrosial disclaims responsibility and liability for any harm resulting from suspension or deletion of your account due to any reason whatsoever. If you are a fee or subscription based user of the Application, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by periodic maintenance of Amborisal’s hardware or software, failures of its service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Ambrosial.
Ambrosial shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Application.
You agree to indemnify, defend and hold Ambrosial harmless from all claims, damages and expenses made by any third party arising out of
- your content, or
- your use of the Application, your connection to the Application, or
- useof the Application by any other person accessing the Services using your user name or password, whether or not with your authorization.
Ambrosial does not make any representation if you are a subscriber from any jurisdiction other than India. If you are a subscriber from a jurisdiction other than India, your use of the Application is entirely at your own risk. Ambrosial disclaims any liability for its Products in such an event.
9. DISPUTE RESOLUTION
The place of arbitration shall be Pune and the language of arbitration shall be English. The applicable law shall be the laws of India.
Address for purpose of notices is:
Ambrosial TechOfferings Pvt. Ltd.
Office No. 6, B wing,
Third Floor, Destination Center,
Magarpatta City, Hadapsar.
Pune - 411013
Ambrosial respects your privacy and assures you that any information provided by you to Ambrosial is protected and will be dealt with according to this Policy. To avail the services offered on the Application, you may have to provide certain information to us. This includes your
- Valid Email address
- Birth Date
- Mobile number
- Postal/Contact address
Additionally, when you create the profile of a child on the Application, along with some of the information mentioned above, other physiological and medical information pertaining to the child may also have to be given by you. You give explicit permission to Ambrosial to use and process such data for the purpose for analysis and reporting pursuant to the functionality of the Application. At no point of time will Ambrosial share such medical information with a third party without your consent other than for the purposes for which the Application is hosted.
When you visit the Application, certain information may also be automatically collected and stored, including:
- The IP address of your computer, browser type and language.
- The date and the time during which you accessed the site.
- The address of the Application which you may have used to link to Ambrosial
When you visit the Application, cookies may be left in your computer. A cookie is a small text file that uniquely identifies your browser. The cookies assigned by the servers of Ambrosial may be used to personalize your experience on the Application. Additionally, cookies may also be used for authentication, management and security purposes.
Cookies may also be assigned by the advertisers of Ambrosial when you click on any of the advertisements which may be displayed on Applicationin which case such cookies are controlled by these advertisers and not Ambrosial.
When you register your email address with Ambrosial, you agree to receive email communication from Ambrosial, entities specifically authorized by Ambrosial and other users.
Ambrosial may also use software applications for Application traffic analysis and to gather statistics, used for advertising and for determining the efficacy and popularity of the Application, among others.
Information gathered by Ambrosial is stored securely using several information security applications including firewalls and industry standard encryption. However, security is always relative and Ambrosial cannot guarantee that its security measures are absolute and cannot be breached.
Also, data which is transmitted over the Internet is inherently exposed to security risks or threats. For instance, information transmitted via chat or email can be compromised and used by others. Therefore, Ambrosial cannot guarantee any security for such information and you agree not to hold Ambrosial liable in the event of a security breach during transmission.
When you register with Ambrosial, your account is protected by means of login information which includes a username and a password that is known only to you. Therefore, you are responsible for maintaining the confidentiality of your login information including your username and password. If you become aware of or reasonably suspect any breach of security, including compromise of your login information, it is your responsibility to immediately notify Ambrosial. At no point of time will Ambrosial be liable for your loss of password or loss of control over your account.
Ambrosial may share personally identifiable information with entities authorized by Ambrosial which may include advertisers and sponsors of Ambrosial who may, in turn, contact you by electronic mail or otherwise. Ambrosial conducts periodic analysis and survey of the traffic to the Application for market research and advertising purposes. Ambrosial reserves the right to share your registration information with Ambrosialappointed market research and advertising companies or firms from time to time for the said purposes. Ambrosial may also use cumulative non-personal information for auditing and analysis purposes with the aim of improving its services.
Ambrosial may share personal information with potential and subsequent business partners if Ambrosial ever files for bankruptcy or becomes insolvent or is acquired by a third party, merges with a third party, sells all or part of its assets, or transfers substantially all or part of its relevant assets to a third party. Ambrosial may also share personal information with third party payment gateways for processing of financial information and for verification of identification details from time to time. Additionally, Ambrosial may share all data including personally identifiable information if sharing of such information is necessary:
- to comply with legal processes or governmental request, or
- for prevention of fraud, or
- for issues involving information security, or
- to protect
- your rights;
- the rights of Ambrosial; and
- the rights of the general public
- discontinue use of the Application; or
- change or update your personally identifiable information.
In such an event, we will remove all personally identifiable pertaining to you within seven days of your deregistration and the medical and related data uploaded by you relating to the profile of the child. If you wish to retain such information, you must intimate us before seven days of deregistration after which we will remove and purge the data from our servers.