Ezovion Technologies Private Limited (“us”, “we”, or “Ezovion”, which also includes its affiliates) is the author, owner and publisher of the internet resource www.ezovion.com (“Website”) on the world wide web as well as the software and applications provided by Ezovion, including but not limited to the mobile application ‘Ezovion’, and the software and applications of the brand names ‘Ezovion Web’, and ‘Ezovion Tab’ (together with the Website, referred to as the “Services”).
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web-based healthcare practice management hosted and managed remotely through the website and through mobile applications as described in Section 3.9 of this Agreement. The site www.ezovion.com is owned and operated by Ezovion.
1.2 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 Ezovion.
2. ABOUT EZOVION
2.1 Ezovion is the author and publisher of the software Ezovion and all their variants, editions, addons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at businesses, institutions, establishments and organizations engaged in the healthcare practices (“Practices”) by healthcare providers (“Providers”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“end-users”, which term shall also include members of public who search for Providers on the website anonymously or as a registered user of the Service) to find, manage and organize information including but not limited to personal or nonpersonal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users” or “you” or “your”).
2.2 Ezovion makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or noninfringement. Ezovion does not authorize anyone to make a warranty on Ezovion’s behalf and you may not rely on any statement of warranty as a warranty by Ezovion.
3.2 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
3.2.1 the (Indian) Information Technology Act, 2000, and
3.2.2 the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3.2.3 the Indian Contract Act, 1872,
3.3 You must be 18 years of age or older to register; use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Ezovion that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the Ezovion and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.
3.4 A condition of the User’s use of and access to the Subscription Services available provided by Ezovion to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the Ezovion.
3.5 Multiple Users are not permitted to share the same/single login.
3.6 If you are an employee, associate, consultant, intern or are in any way associated to the Provider that has subscribed to the Subscription Services and the subscribing Provider has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Provider and Ezovion. Both the Provider and Ezovion may seek recourse against you for any violation of the terms of this Agreement.
3.7 Ezovion authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, “Ezovion Content”), are the property of Ezovion and are protected under copyright, trademark and other laws. User shall not modify the Ezovion Content or reproduce, display, publicly perform, distribute, or otherwise use the Ezovion Content in any way for any public or commercial purpose or for personal gain.
3.8 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10 You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.11 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.13 You agree that you will not use the Subscription Services provided by Ezovion for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Provider, a Practice or User.
3.14 You agree that any registration information you give to Ezovion will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.15 You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Ezovion, unless you have been specifically allowed to do so in a separate agreement with Ezovion.
3.17 You shall indemnify Ezovion for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Ezovion as a result of your breach under any applicable law.
3.18 You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided “as is” and “as available”.
3.19 You agree that you will not make any unsolicited calls or use any information displayed on the Ezovion, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.20 You agree that this Agreement and the Subscription Services of Ezovion are subject to any modification, or may be removed by Ezovion, as a result of change in government regulations, policies and local laws as applicable.
3.21 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
3.22 Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Ezovion. For instance, being a subscriber to Ezovion CareConnect does not automatically entitle you to a higher ranking on Ezovion’s Provider search facility.
4. Use of Subscription Services
4.1 Ezovion provides Software through its website, as a Software as a Service (SaaS) model. Ezovion is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Ezovion, for providing Subscription Services to User and enabling User to use those Software only. Ezovion does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and Ezovion (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Ezovion may be used, stored or republished by Ezovion or its affiliates even after the termination of these terms of Service.
4.2 Ezovion may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. Ezovion does not provide any warranty during the trial period.
4.3 Ezovion offers its Subscription Services on basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honor customization requests of any User. The subscription fee hence charged is exclusive of any customization costs.
4.4 User shall not access the Subscription Services of Ezovion if the User or the organization that he/she/it represents is Ezovion’s direct competitor, except with Ezovion’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.5 Ezovion provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Ezovion shall give at least 8 hours’ notice to Users via the Subscription Services and which Ezovion shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond Ezovion’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Ezovion will provide the Subscription Services only in accordance with applicable laws and government regulations.
4.6 Not with standing anything to the contrary contained herein, Ezovion does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Ezovion takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4.7 In the event the Software are not available due to apparent default at Ezovion’s end or are rendered unusable, Ezovion may at its discretion extend the subscription period of the Provider only by such number of calendar days when the Subscription Services were not available. However, you shall agree that Ezovion is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
4.8 The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Ezovion’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations. Video call and SMS policy may be accessed via the following weblink Communication Management – Ezovion.
4.9 Not with standing anything to the contrary contained herein, Provider alone shall be liable for Provider’s dealings and interaction with patient, his/her representatives or affiliates, searching for Providers through the Website (the “End-user”). contacted or managed through the Software and Ezovion shall have no liability or responsibility in this regard. Ezovion does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by end-users or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
4.10 Ezovion may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Ezovion investigates complaints or alleged violations of this Agreement, or for any other reason.
4.11 Ezovion reserves the right to use all information captured in its Subscription Services in anonymized form for the purpose of its Subscription Services improvements and providing analytics and businesses intelligence to the third parties. On the basis of such information, Ezovion tries to make its Subscription Services more useful in following way:
4.11.1 Promotion of new Subscription Services,
4.11.2 Analyzing software usage patterns for improving Subscription Services design and utility;
4.11.3 Analyzing anonymized patients’ information for research and development of new technologies and any other Subscription Services offerings;
4.11.4 Users can use the rectification tools provided by Ezovion or contact Ezovion immediately for rectifications. Ezovion shall bear no liability or responsibility in this regard.
4.12 Ezovion reserves the right to use the following types of information stored in our software:
4.12.1 Practice information; Provider information; end-users’ demographic information as anonymized form;
4.12.2 end-users’ information in relation to his health and history (anonymized form) ;
4.14 The Subscription Services available by Ezovion accepts online appointment requests for all practitioners listed and displayed on its website. Ezovion intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by Ezovion or when Practices do not read emails or text messages sent by Ezovion in timely manner. Ezovion shall have no liability or responsibility in this regard.
4.15 While Ezovion makes every feasible effort to ensure a confirmed appointment for a End-user who requested an appointment on the Service, Ezovion does not guarantee that the appointments will be confirmed in all cases. Further, Ezovion has no liability if such appointment is confirmed but later cancelled by any of the end-users, or the Providers are not available as per the given appointment time.
4.16 Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
4.17 Ezovion reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Ezovion reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
4.18.1 Ezovion CareConnect is available ‘on the cloud’ wherein Providers are able to access to solution for a specific period of time, as chosen by them.
4.18.2 The Provider agrees that if the Software is being used by its employees or agents, including receptionists, such employees or agents will use the Software in accordance with this Agreement. User can use CareConnect to book appointments with end-users, send End-user reminders for appointments, record their clinical notes, generate their prescriptions and to generate bills and invoices.
4.18.3 CareConnect being an ancillary product of Ezovion, the reviews and recommendations shared over CareConnect can be displayed on the Website. Reviews and recommendations of the end-users not registered with Ezovion may be displayed on the Website through CareConnect. User agrees that Ezovion shall not be responsible for any of the reviews made on the Website.
4.18.4 Ezovion reserves the right to make any further operational changes to the Software, at its discretion and the Providers will be notified of such changes or updates with a prior notice. Ezovion reserves the right to extend and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole discretion, based on the number of End-user appointments being honored by you. The extension or withdrawal of such facility shall be intimated to you by Ezovion.
4.18.5 User shall agree that they will be subscribing the Software for the purpose of End-user management and will not use the Subscription Services provided by Ezovion for any unauthorized and unlawful purpose. You will not impersonate another person.
4.18.6 User shall agree that you will indemnify and keep indemnified Ezovion for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors.
4.18.7 Any communication sent by or through Ezovion to the clients or customers (whether or not end-users) of a particular Provider is based solely on information uploaded by such Provider on the CareConnect software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Provider. Ezovion will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.18.8 Ezovion CareConnect sends alerts pertaining to the follow up visits to the End Users of the Customers and enables the end users to also access their appointment details through User account created through ezovion.com or Ezovion mobile app.
4.19.1 Ezovion is the author and publisher of the software Ezovion Tab (“Tab”), which is available to the Users in a prepackaged form, installed in a tablet and is usually used by the Practices and Providers. Tab allows Providers to register the end-users, capture their clinical notes and prescriptions and access CareConnect.
4.19.2 User shall agree that the Ezovion provides the tab software installed in the tablet and has no responsible in relation to the working of the hardware. Purchase of Tab will be according to the specifications detailed by Ezovion only after authorization made by the User.
4.19.3 Tab is a close ended device which allows a User to have access to only Ezovion and its ancillary products. However, Ezovion reserves the right to uninstall Tab on request made by the User, upon which the tablet can be used for any and every other purpose.
4.19.5 Ezovion reserves the right to provide support services to its Users as per the terms of this Agreement, only once the User has made his payment.
4.19.6 User shall agree that Ezovion is responsible to the extent of its Subscription Services and shall not be held liable beyond the scope of this Agreement.
4.19.7 User shall agree that Ezovion shall be liable for any costs or damages, whatsoever to extent of the amount equal to User’s yearly subscription.
4.19.8 Any communication sent by the Provider to its clients or customers (whether or not end-users) based on information collected by the Provider of its clients or customers will be sole responsibility of the Provider. The Provider must ensure accuracy of such communication sent and must ensure that it is sent to the intended recipient.
4.20 Payment, Fees and Taxes
4.20.1 Ezovion may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Ezovion’s sole discretion from time to time, shall apply.
4.20.2 If you purchase any subscription based paid Service, you authorize Ezovion to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorize Ezovion make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
4.20.3 You agree that the billing credentials provided by you for any purchases from Ezovion will be accurate and you shall not use billing credentials that are not lawfully owned by you.
4.20.4 The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is nonrefundable.
4.20.5 Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Ezovion is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
4.20.6 Ezovion may make available an offline fee payment facility, supported by a third party vendor. Ezovion is not responsible for any loss or damage caused to the User using this payment facility provided by such third-party vendor.
4.20.7 The fees could also be paid by cheque payable at Bengaluru, either collected personally from the User or required to be mailed to Ezovion at the following address:
Ezovion Technologies Pvt Ltd
39, Pathrakali Amman St, Villapuram, Meenakshi Nagar Madurai 625012 Tamil Nadu India.
4.21 All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase. The payment process would be complete only on receipt of the fees into Ezovion’s designated bank account.
4.22 Fees not received within the specified due dates attract late charges of 18% per annum from the due date of payment, and any such charges may be levied at Ezovion’s sole discretion.
4.23 Ezovion reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Ezovion to such notice, Ezovion shall apply the modified fee structure effective from the expiry of the said notice period.
4.25 Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Ezovion intimating such User about expiration of the current subscription period and that the credit card of such User registered with Ezovion will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Ezovion by the User within 5 (five) days of receipt of such intimation from Ezovion. In the absence of such intimation to discontinue the subscription, Ezovion shall be entitled to charge the credit card of the User registered with Ezovion on the day the current subscription period expires.
4.26 Ezovion shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Ezovion’s designated bank account.
4.27 In case of nonpayment of any fee beyond the date a payment becomes overdue (overdue date), Ezovion reserves the right to take any or all of the following actions as it deems appropriate (i)reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii)discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date. (iii)delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
4.28 Fees and charges shall be calculated solely based on records maintained by Ezovion or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Ezovion shall be final and binding in relation to any fees payable by Users.
4.30 Ezovion will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the nonrefundable one time setup fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Ezovion. Ezovion shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are nontransferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.
4.31.1 end-users’ Records will display and contain the same Health Records that was created by the End-User’s or provided by you in the designated section for Health Records in Ezovion CareConnect software. Ezovion shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records provided by you. You hereby represent and warrant that to the extent that you provide any such Health Records, it is true and complete to the best of your knowledge.
4.31.2 By switching on “Ezovion Ezare” setting or similar settings in the Services, you are granting an irrevocable right of ownership to the relevant End-users to Health Records, including but not limited to any medical records and information that is classified as sensitive personal information of the patients or customers.
4.31.3 You agree the Health Records shall be entered into appropriate designated sections at your sole risk and responsibility after obtaining prior consent of the patients and customers, if any, and Ezovion shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in Ezovion CareConnect.
4.31.4 For your patients and customers that are not referred to you by Ezovion, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned for the intended owner of the Records while using the Services. In case of any errors or changes in details, you are required to inform Ezovion of the same as soon as you become aware of such errors or changes.
4.31.5 Ezovion is not responsible for verifying the accuracy or incompleteness of such persons’ details or Health Records provided in the Records, and shall not be liable for any errors in the same.
4.31.6 Changing the contact number will not affect the Health Records already added to the end-users’ Records.
4.31.7 Ezovion is not liable, if for any reason Health Records are not delivered to your patient or customer, or are delivered late or not accessed, despite its best efforts. While Ezovion will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to your patient or customer, Ezovion makes no promise or guarantee for any uninterrupted access to the Records to your patients or customers.
4.31.8 Ezovion reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by you or any other reason as it may deem fit.
4.31.9 Owner of the clinic is solely responsible to manage the Ezovion Ezare settings for the clinic.
4.31.10 Owner is solely responsible to inform all relevant Ezovion CareConnect users within the clinic about the intended usage of the feature.
4.31.11 Any change to the setting will be effective only from the date of change, not retrospectively unless otherwise communicated by Ezovion.
4.31.12 Ezovion has the right to communicate and inform end-users without any prior notice to the Provider about the shared Health Records through SMS, email or any other platform on behalf of the Provider.
4.31.13 Ezovion has the right to independently resolve any technical or operational issue of the End-User regarding the access of the Health Records.
4.31.14 Ezovion has the right to not to provide the access of the Health Records to the user without any prior notice to avoid Health Records theft.
4.31.15 Ezovion is not responsible for any unintended access of Records due to change in phone number of the End User.
4.31.16 Ezovion will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
4.31.17 You agree and acknowledge that Ezovion may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
5. Collection, Use, Storage and Transfer of Personal Information
5.2.1 The type of information collected from Users, including sensitive personal data or information;
5.2.2The purpose, means and modes of usage of such information; and
5.2.3 How and to whom Ezovion will disclose such information.
5.3.1 the fact that the information is being collected;
5.3.2 the purpose for which the information is being collected;
5.3.3 the intended recipients of the information;
5.3.4 the name and address of the agency that is collecting the information and the agency that will retain the information; and
5.3.5 the various rights available to such Users in respect of such information.
5.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-users before storing any End-user information in Software.
5.5 Ezovion shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data, or information supplied by the User to Ezovion or any other person acting on behalf of Ezovion.
5.7 The User is responsible for maintaining the confidentiality of the User’s login account access information and password. The User shall be responsible for all usage of the User’s login or password, whether or not authorized by the User. The User shall immediately notify Ezovion of any actual or suspected unauthorized use of the User’s login or password. Although Ezovion will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Ezovion or any others parties due to such unauthorized use.
5.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Ezovion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ezovion has the right to discontinue the Subscription Services to the User at its sole discretion.
5. 9 Ezovion may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
6.1 As mandated by Regulation 3(2) of the IG Rules, Ezovion hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
6.1.1 belongs to another person and to which the User does not have any right to;
6.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
6.1.3 harm minors in anyway;
6.1.4 infringes any patent, trademark, copyright or other proprietary rights;
6.1.5 violates any law for the time being in force;
6.1.6 deceives or misleads the addressee (or End-user or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.1.7 impersonate another person;
6.1.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
6.1.9 threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6.2 The User is also prohibited from
6.2.1 violating or attempting to violate the integrity or security of the Subscription Services or any Ezovion Software;
6.2.2 transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Ezovion;
6.2.3 intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
6.2.4 making any unsolicited communications to other Users;
6.2.5 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
6.2.6 attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Ezovion;
6.2.7 copying or duplicating in any manner any of the Ezovion content or other information available from the Service;
6.2.8 framing or hotlinking or deep linking any Ezovion content.
6.2.9 circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3 Ezovion, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. Ezovion shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.6 Ezovion respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.2 The User shall not hold Ezovion responsible or liable in any way for any disclosures by Ezovion under Regulation 6 of the SPI Rules.
7.3 The Software provided by Ezovion or any of its licensors or providers are provided “as is”,” as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and noninfringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Ezovion does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. Ezovion does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the Ezovion Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Ezovion or any User in relation to any User or Subscription Services provided by such User.
7.4 Ezovion assumes no responsibility and shall not be liable for ways in which End-user data is used by Providers and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End-user data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Ezovion, is used in compliance to local privacy laws applicable to the Practice’s business transactions with end-users.
7.5 The Subscription Services of Ezovion may be linked to the services of third parties, affiliates and business partners. Ezovion has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that Ezovion endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.6 Ezovion assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of Ezovion.
7.7 The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Ezovion representatives or agents, and their opinions or statements do not necessarily reflect those of Ezovion, and they are not authorized to bind Ezovion to any contract. Ezovion hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.8 In no event, including but not limited to negligence, shall Ezovion, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the Ezovion, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Providers to End-users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Rs. 1000.
7.9 In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.
7.10 The protected entities and the Ezovion shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Ezovion Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
8 Indemnity User agrees to indemnify and hold harmless Ezovion, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Ezovion 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.
9. Spamming Ezovion has a zero-tolerance spam policy. Ezovion employs controls on user permission to receive Content from Ezovion’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Ezovion’s policy on spam is clearly stated below:
9.1 Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
9.2 The sender of any message deemed to be “spam” is liable for Rs. 5,000/ for each End-user that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Ezovion within thirty (30) days of such transmission.
10. Term, Termination and Disputes
10.1 This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
10.2 The User can request for termination of his/her/its membership with Ezovion at any time by providing 30 (thirty) days’ prior written notice to firstname.lastname@example.org. During this 30-day period, Ezovion will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Ezovion may require the User to continue his/her/its subscription until the completion or termination of an ongoing Subscription Services or subscription period, should the situation warrant and at Ezovion’s discretion. The User shall be obligated to clear any dues with Ezovion for any of its Subscription Services for which the User has procured. Ezovion shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
10.3 Ezovion reserves the right to terminate any account in cases:
10.3.2 Ezovion is unable to verify or authenticate any information provide to Ezovion by a User; or
10.3.3 Ezovion believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Ezovion or are contrary to the interests of the Service.
10.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to nonpayment, Ezovion will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Ezovion. After such 30 (thirty) days period, Ezovion shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription Users data will not be available after termination of subscription in such cases.
10.6 Ezovion reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Software, upon any breach by the User of this Agreement or if Ezovion is unable to verify or authenticate any information the User submits to Ezovion, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Ezovion to provide the Subscription Services to the User.
10.7 This Agreement and any contractual obligation between Ezovion and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bengaluru, India.
10.8 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10.9 Any amendment in these Terms shall replace all previous versions of the same.
11. Theft of Subscription services You agree to notify Ezovion immediately, in writing or by mail to email@example.com or by calling Ezovion customer care on +91 93316 93316, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Ezovion shall not be liable to extend the subscription period or waive off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Ezovion will not issue refunds for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your Subscription Services.
14. Contact Information
14.1 If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at firstname.lastname@example.org.
14.2 If a User has any questions concerning Ezovion, the Service, this Agreement, or anything related to any of the foregoing, Ezovion can be reached at the following email address email@example.com or via the contact information available from the following hyperlink: Contact – Ezovion