The Platform including but not limited to all content, material, trademarks, services marks, trade names, and trade secrets, software, text, images, graphics, video, script and audio, designs, text, graphics, images, information, audio and other files, and their selection and arrangement is owned by the Company.

These Terms of Use (“Terms”) and any other conditions available in any section or elsewhere on the Platform and any other terms which may apply to specific services that we offer together with all other notices, disclaimers, guidelines appearing on the Platform from time to time (collectively referred to as “Agreement(s)”) constitute the legal and binding agreement upon which you are allowed to access and use the Platform and avail the Services (as defined below).

For the purpose of these Terms, wherever the context so requires “you” (you as individual, or the organization that you are representing as an authorized representative), “your”or “User(s)” shall mean any natural or legal person who accesses the Platform or avails any of the Services that are offered herein. The term “we”, “us”, “our” shall mean the Company.“Non-Registered Users” are users who have not signed up either as a Client or as a Talent (as defined below) on the Platform. Non-Registered Users may not be provided access to certain areas of the Platform.

The Platform contains a description of the Services provided, information, materials, text, graphics, photographs, illustrations, videos, displays, images, audio, music, button icons, data compilations, files, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (collectively with all information and material about the Company and Services, the “Content”).

You are advised to read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use this Platform or any information, Content and Services contained on this Platform. Your access to and use of this Platform constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below.

These Terms may be changed, modified, supplemented or updated from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms, if you continue to use this Platform after such changes are posted. Unless otherwise indicated, any new Content, and Services added to this Platform will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Platform and these Terms periodically for updates and changes.

A Non-Registered User is not permitted to access or make use of the Platform for any purpose other than to (i) browse the Platform without accessing any Services, and (ii) share the Platform via social media applications.

The Services offered on our Platform, are provided to you in accordance with the Terms provided herein, the Agreements and any operating rules or policies that may be published by us on our Platform. These Terms along with the Agreements constitute the legal and binding agreement upon which you are allowed to access and use the Platform and avail the Services.

Through our Platform, we provide a cutting-edge marketplace for the marketing services industry in India. The Platform establishes a direct and seamless connection between clients and a curated pool of skilled independent creative talent.

Services on the Platform facilitate to bridge the gap between the growing disconnect which happens between clients (hereinafter referred to as “Client”) looking for cost- effective high quality marketing solutions and skilled independent creative talent (hereinafter referred to as“Talent”) looking for favorable opportunities to exhibit their skills. Client and/or Talent who register themselves on the Platform to avail and provide services (collectively referred to as“Services”) are classified as “Registered User(s)”.

The products and service statements on the Platform are for general description purposes only. You may follow the instructions as available on the Platform or contact us at hello@curativity.in to avail any of the Services we provide.

The details regarding the pricing shall be based on the Services that you either as a Client or a Talent choose along with the applicable taxes, the details of which will be individually provided to you.

In the event of any booking/ cancellation/ any other changes requested in the Services by you, the same shall be subject to such policies and guidelines of the Company as the case maybe.

The Services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you may use the Platform or access Content herein only under the supervision and prior consent/ permission of a parent or legal guardian. By the use of the Platform, you confirm that you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement and your use of the Platform does not violate any law, statute, ordinance, rule or regulation.

In order to use the Services, you will be required to register and create an account (“Account”). During the registration process, you will be required to provide certain information to us and you will establish a username and a password (your “Account Credentials”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your Account Credentials. You agree not to disclose your Account Credentials to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. By registering for an Account, you agree that we may send you occasional emails relevant to your Account or to your use of the Services. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.

Where a Talent has to register on the Platform, we may collect, inter alia, the name of the respective Talent, their relevant qualifications and degrees, work profile, details of previous assignments, bank account details, PAN details, GST Number (if applicable) and any awards that the Talent may have received (as applicable). In case, the access or the Services is used or accessed by the Client, then in such event, the Client shall provide, inter alia, their GST (in case of a company), PAN details, bank account details and other relevant information to us.

Upon completion of registration on the Platform, Registered Users may avail the Services offered by the Company. Such Services may be found on the “Dashboard” accessible on the personalized page of the Registered Users.

All information that Registered Users provide while registering for an account on our Platform is governed by our Privacy Policy that is incorporated herein and we may take any action with respect to the information that is consistent with our Privacy Policy. We reserve the right to suspend or terminate a Registered Users’ account if any information provided during the registration process or thereafter proves to be inaccurate, incomplete, or not correct. We also reserve the right to refuse service or terminate accounts for any reason, in our sole discretion without prior notice.

This Platform may provide certain summary descriptions or other helpful information regarding the Services. We attempt to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual agreements entered into with relevant User(s), if any, to which they refer.

The Company hereby grants Users (Registered and Non-Registered Users) a non- exclusive, revocable and non-transferable right to view all information pertaining to the Services offered, subject to the following conditions:

• You may access and use the details of the Services we provide solely for personal, informational and internal purposes, in accordance with these Terms;
• You may not modify or alter any aspects of the Services we offer that are available on the Platform; and
• You may not remove any text, copyright or other proprietary notices available on the Platform.

The rights granted to you in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Platform. Such elements of the Platform are protected by intellectual property rights and may not be copied or imitated in whole or in part.

Any software/software tools that is/are available on the Platform are the property of the Company or its partners. You may not use, download or install any software available at the Platform, unless otherwise expressly permitted by the Agreement or by the express written permission of the Company.

The Company has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of any third-party platforms or mobile/ tablet applications or which is made available by/ through the Platform. Inclusion of any link on the Platform does not imply that the Company endorses the linked site. Users may use the links and these services at their own risk.

The ownership rights to the intellectual property pertaining to the “Work Product(s)” shall pass/transfer to the Client who engages the Talent to develop it, provided that, payments pertaining to such Work Product is paid in full to the Company. In case of any outstanding fees/payments, the Company will retain the ownership on such Work Product.

It is also clarified that the Client will have ownership rights only to the accepted Work Product and the other options, designs, concepts, that are offered by the Talent, which are not accepted or approved by the Client, will belong to the Company and the Company will be free to use such Work Products.

Prohibitions: When using the Platform, you agree not to:

• Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Platform or any computer network;
• Circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Platform;
• Use our Platform in any manner that could disable, overburden, damage, or impair our Platform or interfere with any other party’s use of our Platform, including their ability to engage in real time activities through our Platform;
• Upload, transmit, distribute, or run any computer virus, worm, trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Platform, or any other system, device or property;
• Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any content on our Platform;
• reverse engineer, de-compile, or disassemble the Platform;
• modify or create derivative works of the Platform;
• Engage in any conduct that creates or is intended to create liability for the Company;
• Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
• Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Platform as you);
• Use our Platform in any way that violates any applicable central, state, local or international law or regulation;
• Send, knowingly receive, upload, download, use or re-use any content that does not comply with the standards and requirements set out in these Terms;
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm us or users of our Platform or expose them to liability;
• Otherwise attempt to interfere with the proper working of our Platform;
• Harm minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person; or
• Perform any activity that 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.

You agree not to not circumvent the Platform/approach the Users of the Platform, directly or indirectly, to render/receive the kind of services offered through our Platform. For example, if a Client identifies a Talent through our Platform and instead of communicating through the Dashboard provided by us, approaches the Talent directly and engages him/her for any services, it would be construed as breach of this Terms and the Company shall be entitled to take appropriate legal recourse including blacklisting the Talent or the Client and/or initiate a claim for damages.

You agree not to post, upload, transmit, or otherwise make available any content that is disparaging, defamatory, or harmful to the reputation of the Platform. This includes, but is not limited to, content that maligns, criticizes, or negatively portrays the Platform, its services, or its affiliates. The Platform reserves the right to take appropriate action to remove such content and take appropriate action, including the termination of User accounts, at its sole discretion.

You also agree not to misrepresent the Platform, its services, or its affiliates in any social media content. The Platform reserves the right to take appropriate action and request the removal of any content that violates this provision and take appropriate action, including the termination of User accounts, at its sole discretion.

The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of the User's access and/ or account.

The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

The Company reserves the right to monitor the use of this Platform at any time as it deems appropriate and to remove any materials that, in its sole discretion, may be illegal, may subject it to liability, may violate these Terms, or are, in the sole discretion of the Company, inconsistent with the purpose for this Platform.

All right, title, and interest in and to the Platform and its Content, and all intellectual property rights in the Platform, are retained by the Company, its affiliates, partners or licensors, and are protected by copyright, trademark, patent, intellectual property and other laws of India.

The right to use the Platform does not, and shall not be deemed to, convey to the User title of any kind to the System (hardware/software, algorithms, data center facilities, devices or other facilities utilized in connection with the offered Services through the Platform).Except as provided in Clause 8 of these Terms, nothing in these Terms or elsewhere in any commercial arrangement, will be deemed to or require the Company to transfer, assign or license any Intellectual Property to the Users. These Terms constitute a right to “use” (or provisional use) the components that make up the Platform and Services provided therein by the User and does not extend to any of Company’s Intellectual Property Rights.

The Company has deployed several methods to prevent unauthorized content viewing, copying, accessing and remains committed to customer security and confidentiality. Company and Users agree to preserve and protect the terms and conditions as well as the confidentiality of each other’s non-public business information, and will not disclose such confidential information to third parties without prior written consent. Company understands that the Users have entrusted to its care certain confidential data, content, processes, business information, know-how and possibly intellectual property. To safeguard the confidentiality of the User’s data, Company has enacted a confidentiality, security and safety framework through a combination of policies, disclosures and through restrictions across its set of business and technical activities. Company enforces information confidentiality, in addition to its Privacy Policy as per prevalent and applicable information security norms.

The Company also encourages the Users to provide us with feedback from time to time, in the form of enhancement requests, reviews, corrections, comments, and suggestions or recommendations for the Services (“Feedback”). For all such Feedback, the User(s) grant us, a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use or otherwise exploit and incorporate the Feedback or any inputs in whole or in part in the Platform.

This Platform may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Platform provides hyperlinks to other websites that are not owned, operated or maintained by the Company, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such websites.

We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Platform and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, services or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.

The User must be registered in India to register on the Platform. Goods and Service Tax is applicable under the laws of India for the all transactions made to the Company and is subject to change. Company reserves the right to deny service to Users outside India which register directly on the Platform without electronic confirmation from the Company.

Any on-boarding fee to register on the platform shall be billed in advance to the Users.Subsequent billing and payment for availing the Services is to be mutually agreed between the User and the Company.

In the event payment for undisputed amounts is not received from User on or before thirty (30) days following the invoice date, Company shall have the right to suspend all or any portion of its services on the Platform. All suspended services shall be restored within one (1) working day post payment of outstanding balance including any interest accrued. Suspension of Services on the Platform shall not affect User’s obligation to pay for the Services on the Platform.

By using our Platform, you agree to be bound by the Pay Merchant Terms of Service, as may be amended by us from time to time. If we amend the Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Platform, after the amended Pay Merchant Terms of Service are posted, constitutes your agreement to, and acceptance of, the amended Pay Merchant Terms of Service. If you do not agree to any changes to the Pay Merchant Terms of Service, it is your responsibility to remove the same by managing your checkouts.

If a User in good faith disputes any payment, then it must provide written notice to the Company of the dispute within seven (7) days from the date it receives the intimation of such payment. Such notice must include documentation substantiating the dispute. User’s failure to notify the Company of a dispute within period shall be deemed to be User’s acceptance of such payment. The Parties will make a good faith effort to resolve disputes as expeditiously as possible.

If a dispute is resolved in favour of User, User shall receive an adjustment in the next bill. In the event of over billing, and if the User has no balance outstanding, payment for such amounts will be issued to User within thirty (30) days of verification of the claim. If User has a balance outstanding at the time, a credit will be issued in the next invoice.

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “Indemnified Parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.

The Company may notify you of any claims which you shall be liable to indemnify the Company against. You will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.

Notwithstanding anything to contrary as mentioned in the Agreement(s), the entire aggregate liability of the Indemnified Parties to you under and in relation to these Terms or otherwise shall not exceed the actual amount of fees for the specific milestone, if any, as paid by you to the Company in which the cause of action for the liability arose.

In no event shall the Indemnified Parties be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those related to, the use of, or the inability to use, the Platform or the Content, materials and functions related thereto, the Services, User’s provision of information via the Platform, loss of use, data or profits, whether or not foreseeable or whether or not Indemnified Parties have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Platform, Services or Content.

THE PLATFORM, SERVICES, CONTENT, AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PLATFORM/ CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND/ OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND/ OR THIRD-PARTY CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM, SERVICES OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

The information provided on this site is distributed with the understanding that the Company is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax, or financial planning, please seek the advice of a qualified professional in the relevant field.

It is hereby expressly clarified that, the information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

The Terms will continue to apply until terminated by either you or the Company as set forth below. If you want to terminate your Agreement(s) with the Company, you may do so by (i) not accessing the Platform; or (ii) closing your account as a User for all of the Services that you use, where the Company has made this option available to you.

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if the Company determines that you have violated these Terms or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to the Company, for which monetary damages may be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

In addition to Clause 16.2 above, the Company may, at any time, with or without notice, terminate these Terms (or portion thereof) with you if:

1. The Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
2. The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable;
3. The Company has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
4. In the event the Company faces any unexpected technical issues or problems that prevent the Platform and/ or Services from working.

The Company may also terminate or suspend all or a portion of the Users’ Account or access to the Services with or without reason. Except as may be set forth in any additional terms applicable to a particular Service, termination of the Users’ Account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) disabling access to the account information, including your personal information, log- in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any User content uploaded by you; and (iii) prohibiting further use of the Services.

You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination, or your access to the Platform and Services.

Once temporarily suspended, indefinitely suspended or terminated, the User (Registered or Non-Registered) may not continue to use the Platform 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 Platform by such User.

Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination/ expiry of this Agreement, will survive unless and until the Company chooses to terminate them.

When you access the Platform, or undertake any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You may refer to our Privacy Policy regarding this.

The Company may, based on any form of access to the Platform whatsoever, contact the User through SMS, e-mail and/or call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its Services. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail irrespective of whether the User has registered his/her number on the Do Not Call (DNC) registry and holds Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do Not Call (DNC) database. By registering yourself, you agree to make your contact details available to our employees, associates and partners so that you may be contacted for information and promotions through telephone, SMS, e-mail, etc.

Web analytics is the concept used for the practice of capturing and analyzing the actions of visitors to Platform. It involves, inter alia, the study of user trends in order to assess the number of clicks to different sections of the Platform or to figure out what content and resources our users are more interested in. We may use the information gathered from our Platform for the purpose of analytics and communications purposes.

These Terms and all transactions entered into on or through the Platform and the relationship between you and the Company (together the “Parties” and individually a “Party”) shall be governed in accordance with the laws of India without reference to conflict of laws principles.

Jurisdiction: The courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction and you hereby accede to and accept the jurisdiction of such courts.

Amendment: The Company reserves the right to amend the Terms, and any service or material provided on the Platform, in its sole discretion, without notice.

Notice: All notices with respect to these Terms from the Company will be served to you by email or by general notification on the Platform. Any notice provided to the Company pursuant to these Terms should be sent to hello@curativity.in.

Assignment:You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company’s rights and/ or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking your prior consent. The Company may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement. The Company shall have right to transfer your account and account information to a third party who purchases the Company’s business as conducted under the Platform.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.

Waiver:Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal to Principal Relationship: It is clarified that both you and the Company have entered this agreement on principal-to-principal basis.