, they constitute a legally binding contract by-
You should be aware that Ela is a healthcare facilitator and not a licensed medical care provider / provider of medical advice. ANY OF ELA SERVICES IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESSS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR HEALTHCARE PROVIDER OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
We reserve the right to change these terms from time to time, and such changes will become applicable to you if you continue to use the Ela App or access Ela website (elawoman.com) or use any of Ela services at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through an in-app notification, alerts on our Website and/or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you use any of the Ela Apps or access the website at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure that you are aware of the most recent terms of this agreement.
If you do not agree to these terms, do not use any of the Ela Apps or elawoman.com or any of our services. If you do not wish to agree to any changes to these terms, please cease using all Ela Apps and elawoman.com and also terminate your account.
These terms describe a contractual agreement between you, the user of an Ela App or elawoman.com (“you”, “your”), Treemark Solutions Private Limited and its subsidiaries (collectively “Ela”, “us”, “we”, “our”, “Company”, “Ela Apps”,”Ela Website”, “App”), regarding your use of the applications offered by us through iPhones, Android phones and the internet, our website, elawoman.com (“Website”), or any other element of our service (together with the Ela App and the Website, Healthcare Facilitation Services, Medical Value Travel (MVT) Services the “Services”). Ela has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Ela has the right to terminate or limit your account in the event that Ela determines, in its sole discretion, that you have violated the policies of the Services or any forum used by you, including activities that adversely affect the experience of other users.
To be eligible to use the Services-
Any consideration of pregnancy, women's health or sexual relationships is very significant. While Ela Services are offered to help you down this journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly, but particularly if you are less than 18 years of age, we recommend that you consult with responsible adults who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life altering.
The contents of the Ela Apps, the website, and services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, business partners or any other information which you may obtain in connection with your use of the Services.
These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has a particular medical knowledge about you, your baby and your baby's health and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk.
In addition, you should be aware that all or some of the information included under the heading “Insight” is from the third party source listed with that information. While we believe the source of such information is reliable, we take no responsibility for its accuracy or applicability to your situation and you should review the underlying source (by clicking the hyperlink) before you make any material decisions based on it. Finally, you should be aware that Ela does not promise any particular results, including conception or delivery, regardless of whether you follow all the recommendations contained in the services. Similarly, Ela is not a substitute for natural family planning and should be used along with other contraceptives. Ela also does not guarantee pregnancy or pregnancy prevention, nor does it guarantee that its prediction of your cycles will always be accurate.
Subject to your acceptance of these Terms, Ela grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Ela Apps, the services and related software and to display results of such services for your personal non-commercial use. You agree not to use these services for any other purpose, or to copy or distribute the content of the service except as specifically allowed in these terms. You also agree that you have no right to access, view or alter any source code or object code of Ela or its licensors.
ELA PREMIUM: Ela may also offer you additional services (“Ela Premium Services””, “Premium Services”, “Ela Gold”, “Ela Plus”), which may include additional information, content, features and analysis. You acknowledge that Ela may charge a fee for the use of any Premium Services, provided that Ela notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Ela Premium Services includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. In the event that you purchase a subscription for Ela Premium Services that extends beyond the end of the current calendar month and Ela ceases to provide Premium Services prior to the end of the term of your subscription, you may request a refund through the Apple App store or through Google Play. You acknowledge and agree, however that you will not have any right to a refund in the event that:
YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE OR GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION.
Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Ela), any unearned subscription payments will be forfeited unless the company decides to pay a refund in its sole and absolute discretion.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Ela Premium Services that you have purchased, you have no right or title in or to any such Premium Services or information appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
Your right to use Premium Services is not transferable by you and as with all materials available through the Services may not be resold, repackaged, sublicensed or otherwise made available to third parties.
Ela reserves the right to discontinue the services (including Premium Services) or to change the content of the services (including Premium Services) in any way and at any time, with or without notice to you, without liability, to the extent it terminates the offering of Premium Services in its entirety.
The terms of any agreement to pay for Ela Premium Services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.
All refund requests must be sent to [email protected] In case the amount is not already transferred to the intended centre / clinic / hospital, all refunds will attract an Ela Service charge of 25% of the amount along with a 5% transaction fee. So the total deduction of 30% shall be made before remitting the payments back into your account. If the amount is already transferred to the intended centre / clinic / hospital, no refund request shall be entertained by Ela. This would include all kinds of cases without exception.
Ela Loan / TikLoan
All refund requests must be sent to [email protected] In case the amount is not already transferred to the intended centre / clinic / hospital, all refunds will attract an Ela Service charge of 7% of the amount along with a 3% transaction fee. So the total deduction of 10% shall be made before remitting the payments back into your account. If the amount is already transferred to the intended centre / clinic / hospital, no refund request shall be entertained by Ela.
You will pay for premium services through the Apple or Google system through which you have obtained the relevant App upon confirmation of purchase. You agree to pay all charges on subscribing an Ela App.
Unless specifically noted at the time you purchase a subscription for Ela Premium Services, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”) and your account will be billed the price you agreed to pay when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your Apple ID / Google settings. The Ela App settings will show the status of your subscription (e.g., Ela Premium or free user) and will link to the appropriate Apple ID / Google subscription settings – but you must go to those settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will use commercially reasonable efforts to remind you of the expiration of any free trial period (following which you would become a paid subscriber), but it is your responsibility to track when subscriptions commence and renew.
By subscribing, you authorize the Apple or Google system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon renewal of your subscription, if you do not make required payment, you agree that Ela may either terminate or suspend your subscription and ask Apple or Google, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the service.
Any free trial or other promotion that provides subscriber-level access to the service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Ela Premium Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.
If you think you may have a medical emergency, call your healthcare provider immediately.
Ela also provides information of fertility centres & doctors along with Healthcare Facilitation Services & Medical Value Travel (MVT) Services. Through this, Ela assist you to get in touch with fertility centres / doctors in India based on an independent research and assessment. However, we do not hold any responsibility for treatments, payment made during treatments, risks involved in the treatment or do not guarantee you pregnancy or safety of health of you and your fetus.
Ela Verified is a featured service on Ela through which Ela further verifies the information (including Doctor Name, Specialization & Center / Clinic address) provided on the Web through its network of doctors / clinics / centres. This allows the user to access verified information. However, as stated earlier the final treatment cost may vary as deemed suitable & decided by the center / doctor / clinic. However, as stated earlier the final treatment cost may vary as deemed suitable & decided by the center / doctor / clinic. Ela would recommend the user to personally satisfy itself before undertaking treatment from a doctor/ clinic/ centre.
ELA is a Health Care Facilitator /Medical Value Travel facilitator which aims to bridge the gaps to make the best medical care and treatments accessible to its users. ELA provides its unique technology Platform, which helps its users, to have the information of various treatment options, credentials of a doctor/ specialist/ clinic or a hospital and the expected cost of the treatment. ELA along with its information technology does the handholding to make the entire experience of having medical care stress-free in term of getting access to the doctors and seeking appointments. The user of the platform will get automatic alerts and appointments would be set up as per the user convenience. ELA has specialist of various fields associated that includes not just doctors but also psychologists, social science workers and lawyers to assist on the issues of fertility treatments.
Please note the prices displayed on the website for various fertility treatments for informational purposes. Though we have tried our best to gather accurate information, however we do not give any assurance or guarantee about the contents of the same. This information is general in nature and can vary from patient to patient based on their specific conditions as decided by the particular fertility center / doctor. Ela takes no responsibility of the accuracy of the information provided on its platform. By assessing the Ela Website you agree to the following:
Ela Pay is an online payment solution to pay the bills or invoices due to your medical service provider (Clinic / Hospital / Centre/ Doctor) for any medical or fertility treatment. Ela Pay provides various options of payments including card payments / netbanking / UPI among others while listing the centres / clinics / hospitals to whom you are making the payments.
Ela Pay is an online platform to make payments to the Medical Service Provider. It must not be used for any emergency or urgent treatment cases where the treatment to be done is dependent on the amount to be credited & received by such medical service provider. Ela takes no responsibility to remit such payments in any time bound manner as Ela has various internal processes & checks which consumes time so as to ensure that all payments are made to right service provider.
Ela is an intermediary which once receives the payment from the User (Patient / Website User), remits it to the service provider as per the details selected by the User. In case the user selects a wrong service provider, Ela needs to be informed immediately within 1 hour of making such transaction. If Ela is not informed within an hour of making such transaction, Ela or its payment gateway vendor or the processing bank / credit card company has no liability to make any refund of any manner. However, in such cases, Ela will assist the User by passing on the service provider information including its name, address, phone number or any such contact details which Ela has for contacting the service provider. It is the sole responsibility of the user to get any such refunds directly from the service provider.
In case the User charges back the payment gateway / bank & claims any refund of any manner while the funds have already been transferred by Ela to the service provider, Ela has all rights to get the dues paid by both the User and service provider to ensure Ela does not suffer any loss due to the transaction on its platform. By using Ela Pay you agree to the following:
Your counselor may discuss sensitive material with you, which may result in you having unexpected emotions such as feeling upset, annoyed, tired or angry following a session. Although this may affect you in the short-term, the hope is that the long-term outcome will be positive. Our goal is to help you improve your quality of life by assisting you in being actively involved in your own wellness.
By using Ela’s fertility facilitation services through website or email or phone or any other means to reach out to Ela, you automatically agree to the below terms:
By using Ela services, you have read and agreed to all the terms listed. In case you do not agree to any of these terms, please stop using Ela services effective immediately and kindly write us at [email protected] and we will take prompt action to complete the discontinuation of the services we have provided.
You may learn private information about other users through one of the Ela Apps, whether in one of our forums or otherwise. In addition, you may meet other users and choose to share information directly. You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services. Notwithstanding the foregoing, as described above, we may make some or all of the content of our blogs, message boards and online/mobile forums available to users and non-users on the Internet or through our mobile App..
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Ela or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.
The Services may invite you to chat or participate in blogs, message boards, online/mobile forums and other functionality that will be viewed by other users and/or the general public. Any material you transmit to Ela or otherwise through the Services will be treated as non-confidential and nonproprietary. You hereby agree that Ela shall own all copyrights to any comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to Ela in connection with the use of the Services or otherwise and any chat, blog, message board, online/mobile forum, text, email or other communication with Ela. You agree that unless otherwise prohibited by law, Ela may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. More specifically, you should be aware that in the interest of promoting Ela and/or the advancement of knowledge about fertility and related concepts, we will make all content on our forums searchable on the internet and available both to other users and to the public at large. You should be very careful, therefore, what, if any, personal details you disclose through the Service.
You agree that your use of and conduct on the Services (including any forum, message board, chat or other communication feature), shall be lawful and will not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances; violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services; reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; attempt to impersonate any other party; create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications; trick, defraud or mislead Ela or other users, especially in any attempt to learn sensitive account information such as passwords; make improper use of Ela’s support services or submit false reports of abuse or misconduct; engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior written consent of Ela; create or transmit unwanted electronic communications such as "spam," to other users or members of Services or otherwise interfere with other users' or members' enjoyment of the Services; disparage, tarnish, or otherwise harm, in Ela’s opinion, Ela and/or the Service; disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices; copy or adapt the Services' software including but not limited to Flash, PHP, HTML, Java Script or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services; except as may be the result of standard search engine or Internet browser usage, use or launch, developer distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized scripter other software; cover or obscure any notice, banner, advertisement or other branding on the Services; interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services; or otherwise violate any rule or policy of one of the forums on which you may participate.
The services and the website (including any mobile application) are provided by Ela on an “as is” basis. Ela and its licensors and affiliates make no representations or warranties of any kind, express or implied, as to the operation of the Ela apps, the website or the information, content, materials, or products included on any of the Ela apps or the website or in association with the services. To the fullest extent permissible by applicable law, Ela, its licensors and affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Ela and its licensors and affiliates further do Not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within or available on any Ela app or the website. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.
The services may be temporarily unavailable from time to time for maintenance or other reasons. Ela shall not be liable for any failure of any Ela app, the website or the services. Such failure may result from any cause, including, but not limited to, those beyond Ela’s reasonable control, such as mechanical, electronic or communications failure or degradation (including “line-noise” Interference). You agree that Ela shall not be liable to you for any loss of materials, content, or any Modification, suspension or discontinuance of the services.
Ela is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any Ela App, usage of the Website and/or in connection with the Services.
Under no circumstances will Ela be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of any Ela App, the Website, the Services, any content or third party applications, software or content posted on or through any Ela App, the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
Ela does not control or endorse the content, messages or information provided by users of the Services, including in any chat or forum features, or external sites that may be linked to or from Ela, its forum and therefore, Ela specifically disclaims any responsibility with regard thereto.
The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor’s materials.
Your use of the Services and the content of the Services are at your own risk. Ela has no liability whatsoever for your use or reliance on any product or service you use or encounter on any Ela App or the Website. In particular, but without limitation, you are agreeing that Ela is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any information or advice found on our site or in any Ela App, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Ela is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Ela with respect to the Ela App in question, use of the Website and/or the Services.
In addition, you specifically agree and acknowledge that Ela is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Ela only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) Product liability claims. (2) Any claim that the Service fails to conform to any applicable legal or regulatory requirement. (3) Claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
Each user of the Services is responsible for taking all reasonable steps to ensure that no unauthorized person has access to his or her passwords or accounts.
If a dispute arises between you and Ela, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of any Ela App, the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Ela shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory.
The Arbitration and Conciliation (Amendment) Act apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Ela each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Ela or our partners pending the completion of the arbitration.
The laws of Delhi, India without respect to its conflict of laws principles govern these Terms. You and we both agree that the courts of Delhi, India will have exclusive jurisdiction over any disputes or claims that might arise.
If any provision of these Terms is found to be invalid by any court having complete jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you have questions or concerns, you should contact us at care
You agree to indemnify and hold Ela(and any employee, officer, director or affiliate of Ela, each a "Company Person") harmless (including costs and attorney's' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Ela or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Unless terminated by Ela, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting all Ela Apps from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services. Ela may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by Ela. Ela shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Ela terminate the agreement reflected in these Terms, or if Ela suspends your access to the Services, you agree that Ela shall have no liability or responsibility to you and Ela will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
Ela operates and controls the Services from its offices in India. Ela makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Ela to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Ela Apps may be subject to India export controls. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Ela App and Service-related materials obtained from the Services, Ela or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Ela if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not assign these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Ela’s request, you will furnish Ela any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Ela by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you believe that your copyrighted work has been copied without your authorization and is available on or in the Apps, the website or through the Services in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s Copyright Policy. If You believe that any material on or in the Apps, the website or through the Services violates these Terms, please notify the Company as soon as possible.
No Third Party Beneficiaries. These Terms are between you and Ela. No user has any rights to force Ela to enforce any rights it may have against any you or any other user.