1. Acceptance of Terms

These Terms of Use set forth a legally binding contract between Us, and You, and by using the Platform, You agree to the Terms of Use stated herein. The Terms of Use equally apply, even if You only visit the app or Website or review any of the service offerings made available by Us and are bound by these Terms of Use. If you do not agree to these Terms of Use, please do not continue to access and use our Platform, henceforth.

In consideration of your use of the Learn & Cure Website and Learn & Cure App, You agree:

• a. To provide true, accurate, current, and complete information about yourself.
• b. To maintain and promptly update your login credentials to keep them true, accurate, current, and complete.
• c. And acknowledge that Learn & Cure is not responsible to ensure that You conform to the eligibility criteria.
• d. To seek the consent of Your parents/legal guardians, in case you are a minor, before providing any information about Yourself or Your parents and other family members, on the Learn & Cure App.
• e. That We are not responsible or liable for any consequences, that arise as a result of misuse of any kind, by You, in the Learn & Cure App, Learn & Cure Website, or any of Our services, such that it causes any harm or injury to a third party.
• f. That We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

2.Account, Password & Security

If You use the Platform and wish to avail of Services by creating a User account, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your password and other credentials to access the Services. If there is any compromise to Your account, You can change your password using the ‘forgot password’ functionality available on the login page used to access the Platform.

3.Third Parties

We may use/integrate another third party’s platform on Our Website or the Learn & Cure App. We may also use third-party platforms to provide services to ourselves. In such event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize Learn & Cure to share Your details and personal information with such third parties to the extent necessary for Learn & Cure to deliver the Services to You.

4.Payment Terms

Any payments made to Learn & Cure in respect of Services are subject to the payment terms of Learn & Cure as will be notified to You once You initiate the process to become an authorized User.

In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Learn & Cure will notify You as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Learn & Cure will contact You.

Learn & Cure hereby notifies You that Learn & Cure uses third-party payment gateway service providers to process payment made by You towards the Service subscription. It is hereby clarified that Learn & Cure will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third payment gateway and all such issues should be resolved directly between You and the banking or payment gateway partner concerned.

The provision of the online medical tutorials part of the Services is contingent upon Learn & Cure having received cleared funds from You in respect of the Fee for the relevant Service subscription. Without prejudice to Learn & Cure’s rights and remedies under these Terms of Use, if any sum payable is not paid on or before the due date, Learn & Cure reserves the right, forthwith and at Learn & Cure’s sole discretion, to suspend Your access to the Services and refuse You entry to the course You intended to avail as part of the subscription to the Platform.

In case your bank account appears to be debited, yet the subscription plan is not activated, kindly connect with us.

5.Technical Support & Access

We do not warrant the uninterrupted or error-free operation of the subscription.

We are not obliged to offer You any technical support in relation to your subscription other than the specific support that has been included as part of the subscription plan You have opted for.

You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:

• (a) the operation of the internet and the World Wide Web, including but not limited to viruses;
• (b) any firewall restrictions that have been placed on your network or the computer You are using to access the Services;
• (c) failures of telecommunications links and equipment; or
• (d) updated browser issues
• (e) DRM protocols preventing playback of media
• (f) Not meeting standards any of the minimum system requirements

6.Disclaimer of Warranties & Liabilities

We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.

Any content posted on a third-party platform, by Us or any authorized third party, shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.

Subject to applicable laws, in no event will Learn & Cure or its employees, or its agents, partners, and contractors, aggregate liability arising from or related to the aforesaid services to you, exceed the payments actually received or retained by Learn & Cure from you, for any & all causes of action brought by you or your agents. In the event that you are not a subscribed user, Learn & Cure will not be liable to you under any circumstances.

7.Disclaimer of Services

Any information provided to You through the Platform, shall not be treated as medical advice, opinion, diagnosis, prescription, or treatment.

You acknowledge that We have not been authorized or recognized by any regulatory body or the Medical Council of India, to give any sort of medical advice, opinion, diagnosis, prescription, or treatment.

You also understand that the services provided to You shall not be construed as medical classes and Our services do not come within the purview of medical training as regulated and recognized by the Medical Council of India or other regulatory bodies.

You acknowledge and agree that the suggestions and recommendations provided by Us on the Platform, are only suggestions, and You may comply with them at Your choice and option. We offer You various services via the Platform, to help You prepare for medical entrance examinations with customized support and assistance.

8.Data protection

We will process the information that We receive from You or otherwise hold about You in accordance with these Terms of Use and the Privacy Policy.

You acknowledge that We may conduct online surveys from time to time. The data collected through these surveys are used to gauge Our services and collect demographic information and other information that We may find useful. We may share non-personal, aggregated information with third parties. By agreeing to these Terms of Use, You agree to Us using Your information in this manner and in the manner mentioned in our Privacy Policy.

We provide all customers with the opportunity to opt out of receiving non-essential (promotional, marketing-related) communications from Us on behalf of our partners, and from Us in general, after providing Us with personal information. If You want to remove your email id from all lists and newsletters, please use the unsubscribe option. If you want to opt out from receiving promotional SMS, please register your phone number with DND. For further queries, please connect with us.

9.Learn & Cure’s Intellectual Property

Learn & Cure owns all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of Learn & Cure including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Learn & Cure, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Learn & Cure (“Learn & Cure’s Intellectual Property” or “Learn & Cure’s IP”). Learn & Cure Content specifically excludes any content uploaded by the Users, including without limitation, any User-generated Content (defined under the ‘User-generated Content and Ownership’ section below) on the Platform, and any brand names and trademarks that are not owned by Learn & Cure. You acknowledge and agree that you do not acquire any ownership or rights to Learn & Cure’s IP by use of the Platform. You acknowledge and agree that Learn & Cure’s IP is protected by the copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the Learn & Cure’s IP and/or any component thereof is strictly prohibited and may result in legal/penal consequences.

It is further clarified that Learn & Cure, its logo and other marks indicated on our Platform are our trademarks or registered trademarks. Platform's graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of the Platform. Learn & Cure’s trademarks and trade dress may not be used in connection with any product or service that is not Learn & Cure’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Learn & Cure. Learn & Cure’s IP will not be used, modified, or altered by you in any way. All other trademarks not owned by Learn & Cure that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to Learn & Cure.

10.Rights & Obligations Related to Content

As mandated by the IG Rules, Learn & Cure hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:

• a.belongs to another person and to which the User does not have any right;
• b.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;
• c.harm minors in any way;
• d.infringes any patent, trademark, copyright or other proprietary rights;
• e.violates any law for the time being in force;
• f.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• g.impersonate another person;
• h.contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• i.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 offense or prevents investigation of any offense or is insulting any other nation.

Users are also prohibited from:

• a.violating or attempting to violate the integrity or security of the Website or any Learn & Cure Content;
• b.transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Learn & Cure;
• c.intentionally submitting on the Website any incomplete, false, or inaccurate information;
• d.making any unsolicited communications to other Users;
• e.using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
• f.attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• g.copying or duplicating in any manner any of the Learn & Cure Content or other information available from the Website;
• h.framing or hot linking or deep linking any Learn & Cure Content.
• i.circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

Learn & Cure, 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 above, shall be entitled to disable such information that is in contravention of Clauses, Learn & Cure shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Learn & Cure has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

Learn & Cure may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Learn & Cure to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Learn & Cure as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Learn & Cure or any person on its behalf and the User or where the User has consented to data transfer. Learn & Cure respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

11.Termination

Learn & Cure reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where

• a.Such User breaches any terms and conditions of the Agreement;
• b.A third party reports a violation of any of its rights as a result of your use of the Services;
• c.Learn & Cure is unable to verify or authenticate any information provide to Learn & Cure by a User;
• d.Learn & Cure has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User;
• e.Learn & Cure believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users, or for Learn & Cure or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record-keeping process and practices.

12.Limitations of Liabilities

In no event, including but not limited to negligence, shall Learn & Cure, 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 Website or the content, materials, and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages.

In no event shall the Protected Entities be liable for:

• a.provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
• b.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• c.any unauthorized access to or alteration of your transmissions or data;
• d.any other matter relating to the Website or the Service.

These Terms & Conditions of Use apply solely to Our Platform. We state that this Terms of Use is not applicable to other such similar or related Platforms and the Terms of Use of other Platforms and websites may vary, accordingly we are not responsible for the Terms of Use of other such Platforms.

PRIVACY POLICY

Please read the following Privacy policy of the services made available on Learn Cure Mobile Application or on the Website. The Learn & Cure App or Website on which the Services are availed may together be referred to for convenience as the “Platform”. For the purpose of these privacy policies, wherever the context so requires “Your”, “You" or "User" shall mean any natural or legal person who browses the Platform or has agreed to become a subscriber to the Services on the Platform by providing login credentials while registering on our platform as a Subscribed User using the computer systems. The term "We", "Us", and "Our" shall mean Learn & Cure. Please ensure that this Privacy Policy is perused by You before availing of any services from Us. This Privacy Policy shall be updated from time to time and to stay abreast with our methods of using Your information and protecting Your privacy, please keep reviewing this Policy.

By viewing the Learn & Cure Platform, you agree to be bound by the terms of this Privacy Policy. By using the Learn & Cure Platform and/or by providing Your information, You consent to the collection and use of the information You disclose on our platform in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this Privacy Policy. If we decide to change our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. If You do not agree to the foregoing, please do not continue to use or access our platform.

1.Collection of Personally Identifiable Information

We collect certain information about You to help us serve You better. The information collected or will be collected by Us are Name, Telephone Number, Email Address, Location, and Other related information about the service. Any other personal information which you give us in connection while booking a service or is relevant to customer surveys and/or offers.

Information provided during Registration to create a profile and use the services, you may be asked to provide the following information: your name, your username, password, email address, the specialty in which you practice or intend to practice (selected from a drop-down menu if applicable), year of graduation or year of joining the undergraduate medical program and the name of your college or university. You may also choose to provide a picture to be associated with your profile.

We will store your username, country, and specialty on an unencrypted server. Your password is cryptographically hashed and your email address is encrypted. These information elements are referred to collectively as your “Personal User Information.” We collect and hold this information for the purpose of administering your use of the Application.

You are solely responsible for (1) maintaining the strict confidentiality of your Personal User Information, (2) not allowing another person to use your Personal User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur in your Account, (4) ensuring that the information submitted by you complies with our terms and conditions, (5) ensuring that the information provided by you is correct and updated from time to time.

You agree to immediately notify Learn & Cure of any unauthorized use of your Personal User Information or any other breach of security. Learn & Cure is not and shall not be liable for any harm arising from or relating to the theft of your Personal User Information that is under Your control, your disclosure of your Personal User Information, or the use of your Personal User Information by another person or entity.

On receiving personal information about You, You no longer remain anonymous to Us. We may use this information to do internal research on demographics, interests, and behavior to better understand, protect and serve our customers. This information is compiled and analyzed on an aggregated basis. We indicate fields that are mandatorily required to be filled and fields that are optional. You may decide whether or not to provide such information to Us.

You may choose not to provide us with any personal information or information as required to provide any Services. If we do not receive the information required, we may choose not to provide you with such a Service. Service shall have the meaning attributed to the phrase in the Terms of Use.

On our Platform, you can browse without telling Us who you are or revealing any personal information about Yourself. We may automatically track certain information about You based on Your behavior on our platform. This information may include the URL that You just came from (whether this URL is on our Platform or not), which URL You next go to (whether this URL is on our Platform or not), Your browser information, and Your IP address.

On our Platforms, We use data collection devices such as "cookies" on certain pages to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist Us in providing our services. We offer certain features that are only available through the use of a "cookie". You are always free to decline our cookies if Your browser permits, although in that case, You may not be able to use certain features on the Platforms. Additionally, You may encounter "Cookies" or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties.

As part of the registration process for the paid subscription, every user shall have to mandatorily submit one valid identity address proof issued by the Govt of India i.e., Voter's ID, Passport, MCI card, Aadhar Card, etc, which shall be used to confirm the identity of each Pro User. In respect of the identification information provided by the Pro user, we confirm that we shall - (i) Collect, store, use, and disclose the identification information provided by the Pro User only for the identity verification process as part of the pro subscription; maintaining the strict confidentiality of your Personal User Information, (ii) Encrypt the identification information provided by the Pro User on receipt and decrypt it at the time of verification. After the completion of the verification process, the identification information will be encrypted again and stored on our servers; maintaining the strict confidentiality of your Personal User Information,(iii) Comply with all reasonable security practices and procedures to ensure the security of the identification information provided. maintaining the strict confidentiality of your Personal User Information.

3.Sharing of Personal Information

We may share your information with payment service providers, regulatory authorities, and third-party agencies in the event of any request from such authorities.

We may disclose Your personal information if required to do so by law or in the good faith and belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content violates the rights of a third party; or protect the rights, property or personal safety of our customers or the general public.

We and our affiliates will share/sell some or all of the collected information with another business entity should We (or our assets) plan to merge with or be acquired by that business entity, or re-organization, amalgamate, or restructure the business. Should such a transaction occur, another business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to all the information collected.

We do not disclose personal information about identifiable individuals to advertisers, but We may provide them with aggregate and/or anonymized information about You to help advertisers reach the kind of audience they want to target. We may make use of the information We have collected from You to enable Us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

If you choose to subscribe to any Learn & Cure plan you may be required to upload a copy of a valid government-issued identification document to allow access to the Platform.

2.Use of Personal Information

The information collected by Us through our platform is used by Us for various purposes to enable us to serve you better: (a) To find third-party service providers; (b) Internal record keeping; (c) We may use the information to improve our products and services;(d) We may periodically send promotional emails or messages on the Platform about new products, special offers or other information which We think You may find interesting using the email address which You have provided;(e) From time to time, we may use the information to customize the Platform according to your interests.

We may use personal information to resolve disputes that may arise with the use of our Services, help promote a safe service to all customers, measure consumer interest in our services, customize your experience, detect and protect Us against error, fraud, and other criminal activity, enforce our terms and conditions.

We identify and use your IP address to help diagnose problems with our server, and to administer our Platforms. Your IP address is also used to help identify You and to gather broad demographic information.

3.Sharing of Personal Information

We may share your information with payment service providers, regulatory authorities, and third-party agencies in the event of any request from such authorities.

We may disclose Your personal information if required to do so by law or in the good faith and belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content violates the rights of a third party; or protect the rights, property or personal safety of our customers or the general public.

We and our affiliates will share/sell some or all of the collected information with another business entity should We (or our assets) plan to merge with or be acquired by that business entity, or re-organization, amalgamate, or restructure the business. Should such a transaction occur, another business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to all the information collected.

We do not disclose personal information about identifiable individuals to advertisers, but We may provide them with aggregate and/or anonymized information about You to help advertisers reach the kind of audience they want to target. We may make use of the information We have collected from You to enable Us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

If you choose to subscribe to any Learn & Cure plan you may be required to upload a copy of a valid government-issued identification document to allow access to the Platform.

4.Information Safety

All information is saved and stored on servers that are secured with passwords and pins to ensure no unauthorized person has access to it. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

In case you want to delete your account and/or the information linked to it, you can contact us.

We provide all customers with the opportunity to opt out of receiving non-essential (promotional, marketing-related) communications from Us on behalf of our partners, and from Us in general, after providing Us with personal information. If You want to remove your contact information from all lists and newsletters, please connect with us.

5.Third-Party Links

We use third-party advertising companies to serve advertisements when You visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other Platforms in order to provide advertisements about services of interest to You. All other terms and conditions as applicable under the Terms and Conditions of us will be applicable to You and will be read along with this Privacy Policy.