Terms & conditions
Please read all of our terms and conditions before doing anything.
The Platform is owned and operated by H-Cura Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956. H-CURA may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer or subcontracting.
Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.
When you use the Platform, you represent that you meet the following primary eligibility criteria:
You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform.
You have not been previously suspended or removed by H-Cura Private Limited disqualified for any other reason, from availing the Services.
H-Cura reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if H-Cura discovers that you are under the age of 18 years
- Our Services
Through the Platform, we provide you with the following services (“Services”):
Creating and maintaining user accounts:
To use our Services, Users need to register on the Platform in order to use the Platform or the Services provided through the Platform. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Scheduling an appointment for medical consultation:
You can book an appointment for a medical consultation with a Homeopathic Doctor/ Ayush Doctor / Alternative Medicine physician (“HSP- Health Service Provider”) listed on the Platform. Medical consultations on the Platform shall be available for family physician & multi specialties.
You will receive a confirmation of appointment for a medical consultation with an HSP of your choice, on the Platform and / or via SMS and / or email and / or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting HSP’s discretion. Consultations can be booked or rescheduled free of cost up to fifteen minutes prior to the start of the appointment for an audio / video / chat-based consultation (“Online Medical Consultation”).
Holding medical consultations:
You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by you:
Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
You are fully aware that you will not be undergoing a physical examination by a physician during the consultation and prior to a physician recommending medical tests and/or treatment and/or prescription of medicines.
You are also aware that the consultation on this platform does not preclude your rights to visit a physician and opt for a physical examination at any point in time and you are free at any time during the consultation to request for the same.
Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by you on the Platform.
Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the HSP.
The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
Receiving e-prescription from the HSP based on the medical consultation.
Accessing your medical records on the Platform.
Any other service that is made available on the Platform from time to time subject to the scope of services specified under Section 4 below.
- YOUR USE OF THE PLATFORM
As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:
Due Diligence Conditions:
You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
The advice or the services provided by the HSP will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.
Scope of Services:
The Services availed by you from a HSP via the Platform are an arrangement between you and the HSP you select. The Platform only facilitates connections between you and the HSP and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you.
H-Cura shall not be liable for deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation error / perception error / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the HSP / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post medical consultation with HSP via the Platform or post Services.
H-CURA only facilitates the connections between you and the HSP established through the Platform and does not in any way facilitate, encourage, permit or require you to contact the HSP outside the Platform. Any contact between you and the HSP through the Platform, will be subject to these Terms and Conditions.
If you are redirected to, or visit, any other website or app from the Platform, including for the purposes of browsing, or when the placement and / or fulfilment of an order of any product/service (or any other aspect related thereto) takes you to a different website/platform, H-CURA will not be responsible for products or services received or purchased by you on such other website or platform, or any aspect of your experience on such website or any representations and details provided on such website/platform concerning products/services being displayed or sold by such website/platform.
You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Platform or any portion of it unless expressly permitted by H-CURA in writing.
You may not make any commercial use of any of the information provided on the Platform.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5.
You may not contact or make any attempt to contact the concerned HSP for a consultation, follow up to a prior medical consultation or for any other reason outside the Platform via email, SMS, messaging services or any other mode of communication outside the authorized channels.
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by H-CURA.
- PROHIBITED CONTENT
You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:
belongs to another person and which you do not own the rights to;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
is hateful, racially or ethnically objectionable, disparaging of any person;
relates to or seems to encourage money laundering or gambling,
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law in India for the time being in force;
deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses and malicious programs;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
incites any offence or prevents investigation of any offence or insults any other nation;
is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of H-CURA Private Limited and
is not relating to the medical consultation or relating to any of the services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.
You agree and undertake to indemnify and keep indemnified H-Cura, its affiliates and the concerned HSP (“Indemnified Persons”) and us for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:
deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation errors / perception error arising from:
your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or
suppression of material facts; or your failure to provide relevant clinical information about the patient; or
misinterpretation of the advice / prescription / diagnosis / investigation report by you; or
failure to follow doctor’s advice / prescription by you; or
failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you;
incorrect or inaccurate credit / debit card details provided by you; or
using a credit / debit card which is not lawfully owned by you; or
you permitting a third party to use your password or other means to access your account.
- LIMITATION OF LIABILITY
By using our Services, you confirm that you understand and agree to the following:
The Services availed by you from a HSP via the Platform are provided to you by the HSP you select, and not by H-CURA. The limitation of liability specified in this section also applies to any services availed by you from any third-party seller of services listed on the Platform.
The Platform only facilitates communications between you and the HSP and as such H-CURA bears no responsibility for the quality and outcome of any such Services obtained by you from the respective HSP, to the extent permitted by applicable law.
H-CURA itself does not provide any medical consultation services. If you receive any medical advice / investigation reports from a HSP you have contacted through the Platform, you are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP’s instructions.
In the event that H-CURA markets or promotes any Services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such Services and such HSPs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
The Services provided through the Platform is not intended in any way to be a substitute for face to face consultation with a doctor. H-CURA advices the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.
- DATA & INFORMATION POLICY
- INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use.
No use of these may be made without the prior written authorization of H-CURA.
Intellectual Property Infringement:
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
- OTHER CONDITIONS
Please note that your payments are processed in accordance with applicable law.
Accuracy of Information Displayed:
We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.
- THIRD PARTY LINKS AND RESOURCES
Where the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites/platforms (including without limitation APL Platforms) or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
H-CURA is neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third party. H-CURA does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third party website/platform including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.
You shall not hold H-CURA, its group entities, affiliates, or their respective directors, officers, employees, agents and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third party website/platform.
H-CURA is not a party to any contractual arrangements entered into between you and the third party website/platform. We are not the agent of the third party and such third party website/platform is governed exclusively by its respective policies over which H-CURA has no control.
The use of such link to visit the third party website/platform implies full acceptance of these Terms and Conditions. H-CURA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such third party linked website, including without limitation any form of transmission received from any third party website (including without limitation APL) or its server.
- EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout or other forms of protest
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
Inability to use public or private transportation and telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions or considered to be unethical / immoral.
For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our Platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka India.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named H-Cura
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Karnataka, India
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to H-CURA PRIVATE LIMITED, 4TH FLOOR, N0;22 SALARPURIA TOWERS 1, HOSUR ROAD,KORAMANGALA,BANGALORE,KARNATAKA-560095.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to www.h-cura.com, accessible from http://www.h-cura.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- CONTACT US