- The domain name consult.curable.com, an internet based portal, the Curable android app and iOS app, are owned and operated by MTD Healthovate Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “Curable” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
- The Website is a platform that facilitates
- online purchase of pharmaceutical products sold by various Third-Party Medicine Vendor and manufactures (“Third-Party Medicine Vendor”);
- diagnostic services being offered by various Third-Party diagnostic centres (“Third-Party Labs”);
- online medical consultancy services/ second opinion / family doctor being offered by Third-Party independent doctors (“Medical Experts”);
- Nursing services provided by Third-Party independent nursing professionals at your home (“Nursing Professionals”);
- Medical facilitation services provided by MTD Healthovate Private Limited (“Medical Facilitation”);
- Wellness Services such as yoga, physiotherapy, diet consultation, Zumba etc. provided by Third-Party independent professionals (“Wellness Professionals”);
- Electronic health record services provided by MTD Healthovate Private Limited (“EHR Services”);
- Health insurance buying advise through IRDA registered intermediaries (Third-Party Broking Services) and
- online advertisements, including for insurance services, of various sponsors advertising and marketing their own good and services (“Third-Party Advertising Entities”). The Third-Party Medicine Vendor, Third-Party Labs, Medical Experts, Nursing Professionals, Wellness Professionals, Third-Party Broking Services and the Third-Party Advertising Entities are collectively referred to as the “Third-Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third-Party Services Provider, Medical Facilitation, EHR Services and the information services are collectively referred to as the “Services”).
- The Indian Contract Act, 1872 (“Contract Act”);
- The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
- Pharmacy Act, 1948 (“Pharmacy Act”) and
- The Consumer Protection Act, 1986.
- Telemedicine Practice guidelines issued by the Indian medical Council
2. ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES
- For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Curable in this regard.
- A registered id can only be utilized by the person whose details have been provided and Curable does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
- Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.
- You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Curable if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Curable for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Curable may allow authorized third parties to place or recognize a unique cookie on the Your browser. Curable does not store personally identifiable information in the cookies.
3. TERMS AND CONDITIONS FOR SALE AND DELIVERY OF MEDICINES
- Platform to facilitate transaction of business:
- Through the Website, Curable facilitates the purchase of drugs and other pharmaceutical products, medical equipment, and services offered for sale by Third-Party Medicine Vendor or authorised sellers (“Pharmaceutical Goods and Services”). You understand and agree that Curable and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third-Party Medicine Vendor, are Third-Party user generated content and Third-Party products. Curable has no control over such Third-Party user generated content and/ Third-Party products and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third-Party Medicine Vendor through the Website shall be the sole responsibility of the Third-Party Medicine Vendor. You understand and agree that Curable shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
- You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third-Party Medicine Vendor and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third-Party Medicine Vendor shall strictly be a bipartite contract between the Third-Party Medicine Vendor and You.
- The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor, and after sales services related to such Pharmaceutical Goods and Services. Curable does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third-Party Medicine Vendor.
- Representation as to legal title
- Curable does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Curable nor shall Curable have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third-Party Medicine Vendor, who are advertising or offering them for sale on the Website and are the ultimate sellers.
- You agree and acknowledge that the Third-Party Medicine Vendor shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third-Party Medicine Vendor do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third-Party Medicine Vendor, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
- Non-Performance of ContractYou accept and acknowledge the following:
- Curable is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third-Party Medicine Vendor for purchase and sale of goods or services offered by such Third-Party Medicine Vendor on the Website;
- Curable cannot and does not guarantee that the concerned Third-Party Medicine Vendor will perform any transaction concluded on the Website;
- The Third-Party Medicine Vendor(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Curable is not responsible if the Third-Party Medicine Vendor(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
- Curable shall not and is not required to mediate or resolve any dispute or disagreement between You and Third-Party Medicine Vendor. In particular, Curable does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
- Any liability of Curable for any failure of any Third-Party Service Provider shall be restricted to the amount paid by you towards availing and your sole recourse for any failure to provide any Service by any Third-Party Service Provider shall be for a refund of any amounts already paid by you for such Service
- Exhibition of drugs and publication of Third-Party Medicine Vendor content on the Website
- You agree and acknowledge that the respective Third-Party Medicine Vendor are exhibiting Third-Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
- The Third-Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third-Party Medicine Vendor on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- You acknowledge and agree that such Third-Party Medicine Vendor shall be solely responsible for ensuring that such Third-Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third-Party Medicine Vendor(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that Curable provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that Curable has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third-Party Medicine Vendor on the Website. Further, it is hereby clarified that the Third-Party Medicine Vendor are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold Curable responsible or liable for any damages arising out of such reliance on Third-Party user generated content by You.
- Prescription Drugs
- The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third-Party Medicine Vendor. In order to purchase Prescription Drugs from Third-Party Medicine Vendor through the Website, You are required to upload a scanned copy of a valid prescription on the Website or email the same to Curable. The order would not be processed and forwarded to the concerned Third-Party Medicine Vendor(s) by Curable until it receives a copy of a valid prescription. Third-Party Medicine Vendor will verify the prescription forwarded by You and in case the Third-Party Medicine Vendor(s) observe any discrepancy in the prescription uploaded by You, the Third-Party Medicine Vendor(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. If required by lawYou shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
- You authorise Curable to maintain a record of all the prescriptions uploaded by You and to also include it in the EHR Services.
- Substitution of Prescribed Drugs
- You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug and this fact is explicitly mentioned in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
- You further acknowledge and accept that, in the absence of the above, the concerned Third-Party Medicine Vendor would not dispense a substitute drug in place of the Prescription Drug.
- Invitation to offer for sale
- Transfer of Property and Completion of Sale
- Upon acceptance of the Offer by the concerned Third-Party Medicine Vendor, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third-Party Medicine Vendor, wherever required under the applicable law(s).
- You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third-Party Medicine Vendor. Accordingly, the sale of Pharmaceutical Drugs and Services is done by the concerned Third-Party Medicine Vendor itself.
- The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the Third-Party Medicine Vendor which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
- Delivery of Drugs
- The Pharmaceutical Drugs and Services shall be delivered by the Third-Party Medicine Vendor or independent contractors. You accept and acknowledges that the Third-Party Medicine Vendor or such other transporter/ courier/ delivery personnel, engaged by the Third-Party Medicine Vendor or Curable, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third-Party Medicine Vendor to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
4. ADVERTISING GUIDELINES FOR THE WEBSITE
- As part of the Services provided by Us; We facilitate and allow Third-Party Advertising Entities to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertising Entities have to follow for placing such advertisements (the “Advertising Policy”).
- Review: All the advertisements are subject to the review and approval of Curable. Curable reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Curable also reserves the right to reject an advertisement or to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
Editorial Policy for the WebsiteAs part of the Services, Curable provides Curable Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Curable Content is subject to the following:
5. DIAGNOSTICS SERVICES PROVIDED BY THIRD-PARTY DIAGNOSTIC LABS AND RADIOLOGY CENTRES
- Platform to facilitate transaction of business:
- The Third-Party Diagnostic Labs and Radiology Clinics may not access the Services if the Third-Party Diagnostic Labs and Radiology Clinics are Curable’s direct competitor, except with Curable’s prior written consent. In addition, the Third-Party Diagnostic Labs and Radiology Clinics may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Curable will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Curable’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Curable will provide the Services only in accordance with applicable law(s) and government regulations.
- Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for their dealings and interaction with the Users who avail the Services and Curable shall have no liability or responsibility in this regard. Curable does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third-Party Diagnostic Labs and Radiology Clinics or any diagnostic centre or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.
- Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Curable shall have no liability or responsibility in this regard. Curable does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third-Party Labs.
- Curable may, at its sole discretion, suspend Third-Party Diagnostic Labs and Radiology Clinics or Users ability to use or access the Website at any time. Curable shall have no liability or responsibility in this regard.
6. TERMS FOR USE OF THE ONLINE DOCTOR CONSULTANCY SERVICES
- You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby Curable has an independent contractor relationship with such Medical Experts and therefore in no event Curable will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
- Curable is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Curable You can ask and find informational questions and related educational answers by Medical Experts.
- We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
- The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. You take full responsibility for ensuring that the information submitted is accurate and Curable shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
- The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Curable, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Curable does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Curable.
- The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and Curable disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
- Curable (the owners and the employee staff of Curable accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
- Curable makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Curable employees. Curable is not responsible for transmission errors, corruption of data.
- Curable is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
- The Website may not be used for illegal purposes. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means to access the Website, the Information, or Services for any purpose.
- Your right to use the Services is not transferable.
- Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Curable shall have no liability or responsibility in this regard. Curable does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.
- Curable may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time. Curable can edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.
7. RISKS OF USING Curable’S SERVICES
- The Medical Experts not having access to all or some of Your medical history that might be critical to consult You. The Medical Experts may not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Curable strongly encourages You to be in touch with an on-ground physician and share the Curable’s opinion with him/her.
- By requesting a medical opinion through the Website, You acknowledge and agree that:
- the advice/information/opinion on diagnosis You may receive could be limited and provisional;
- the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
- in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
- in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
- in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
8. OTHER TERMS
- Your Profile, Collection, Use, Storage and Transfer of Personal Information:
- Your Curable profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
- Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Curable record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Curable reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Curable’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
- The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
- the type of information collected from Users, including sensitive personal data or information;
- the purpose, means and modes of usage of such information; and
- how and to whom Curable will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- Curable shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Curable or any other person acting on behalf of Curable.
- The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Curable of any actual or suspected unauthorized use of the Users’ account or password.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Curable has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Curable shall have the right to suspend or terminate such account at its sole discretion.
- Payment, Fees and Taxes:
- Registration on the Website and the access to the information provided on the Website is free. Curable does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third-Party Medicine Vendor for purchase of Pharmaceutical Goods and Services from such Third-Party Medicine Vendor. The Third-Party Medicine Vendor may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold Curable responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third-Party Medicine Vendor or the collection agents or for any actions/ omissions which are beyond the control of Curable.
- In relation to the diagnostic services being availed from the Website, Third-Party Diagnostic Labs and Radiology Clinics agree to pay all package fees, consulting fees and other fees applicable to the Third-Party Diagnostic Labs and Radiology Clinics use of such Services and the Third-Party Diagnostic Labs and Radiology Clinics shall not circumvent the fee structure. The fee is dependent on the package that the Third-Party Diagnostic Labs and Radiology Clinics purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third-Party Diagnostic Labs and Radiology Clinics for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold Curable responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third-Party Labs’ any actions/ omissions which are beyond the control of Curable.
- Each User / Third-Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Curable is in no way responsible for any of the taxes except for its own income tax.
- The subscription fees for the Services, if any charged by Curable, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Curable is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of Curable. The fees could also be paid offline and be either collected personally from the User/ Third-Party Service Providers or required to be mailed to Curable at the following address: firstname.lastname@example.org
- All fees are exclusive of applicable taxes.
- Curable reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
- Return, Refund, Cancellation and Shipping charges:
- Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
- belongs to another person and to which the such Covenanter does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any Third-Party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
- 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 are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Curable Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Curable;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Covenanters;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Curable Content or other information available from the Website; and
- framing or hotlinking or deeplinking any Curable Content.
- Curable shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Curable, where Other Parties have consented to such disclosures.
- The Services provided by Curable or any of its licensors or providers or Third-Party Service Providers are provided ‘as is’ and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Curable does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Curable to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Curable Content, Third-Party Content, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
- The Website may be linked to the website of third parties and Curable has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Curable endorses the linked website. Other Parties may use these links services at their own risk.
- Curable shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Curable shall not be responsible for any error in any of the services being provided by the Third-Party Service Providers.
- The listing of Third-Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Indemnified Parties (as defined herein below) be liable or responsible for the listing order of Third-Party Service Providers on the Website.
- To the maximum extent permitted by applicable law(s), Curable, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Indemnified Parties ”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
- In no event shall the Indemnified Parties be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third-Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third-Party Service Providers or other person on or through the Website.
- All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third-Party Diagnostic Labs and Radiology Clinics and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third-Party Diagnostic Labs and Radiology Clinics or the Third-Party Medicine Vendor as the case may be.
- The Users may share their previous medical history during interaction with the Medical Experts Curable reserves the right to retain such information for the purpose of providing Services to the Users.
- With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Curable will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Indemnified Parties shall be held liable for the losses attributable to such decision making and in no event shall the Indemnified Parties be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
- The Users acknowledge that the Indemnified Parties merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Indemnified Parties be held liable for any of the losses attributable to Services offered through the Website.
- In no event shall the Indemnified Parties be liable for failure on the part of the Users or Third-Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Indemnified Parties be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third-Party Service Providers.
12. MODIFICATION OF WEBSITE
- Curable reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Curable will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
13. INTELLECTUAL PROPERTY RIGHTS
- All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.
14. COMPLIANCE OF APPLICABLE LAW
- While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.
- The Users must also ensure that the prescription uploaded on the Website or emailed to Curable for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third-Party Service Providers or to Curable, as a result of any dispensation of Prescription Drugs by the Third-Party Service Providers owing to the non-compliance by the User in this regard.
- Curable is unable to verify or authenticate any information provided to Curable by Other Party(s); or
- Curable believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Curable (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives); or
- Requirement to do so by law; or
- If Other Party(s) fail to provide (or revoke) the consents necessary or desirable for Curable to provide the Services; or
- Provision of the Services is in Curable’s opinion, no longer commercially viable; or
- Curable decides to discontinue, in part or in full, with or without reason, access to the Website or the Services.
- Curable may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Such termination or suspension of Other Party(s) account may include: (i) removal of access to all offerings within the Website or Services; and (ii) barring from further use or access of the Website or Services.
- Once terminated or suspended (temporarily or permanently), Other Party(s) may not use the Website under the same account, a different account or re-register under a new account.
- The right to terminate/ suspend is in addition to, and without prejudice to, Curable’s right to initiate appropriate legal action against the Other Party(s), in accordance with applicable law.
16. FORCE MAJEURE
17. GOVERNING LAW AND DISPUTE RESOLUTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Curable, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.
Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
20. BREACH OF THESE TERMS AND CONDITIONS
23. CONTACT INFORMATION
24. LISTING OF THIRD-PARTY SERVICE PROVIDERS
- Curable’s algorithm for listing of Third-Party Service Providers is a fully automated system that lists the Third-Party Service Providers, their profile and information regarding their Practice on its Website. These listings of Third-Party Service Providers do not represent any fixed objective ranking or endorsement by Curable. Curable will not be liable for any change in the relevance of the Third-Party Service Providers on search results, which may take place from time to time. The listing of Third-Party Service Providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the algorithm. Curable in no event will be held responsible for the accuracy and the relevancy of the listing order of the Third-Party Service Providers on the Website
- Curable collects, directly or indirectly, and displays on the Website, relevant information regarding the Third-Party Service Providers listed on the Website, such as their professional degree, specialization, qualification, fees, location, visiting hours, and other details. Curable takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Curable screens and vets the information submitted by the Third-Party Service Providers, it is not liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by Curable are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Curable does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Curable does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Curable disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Curable or any User in relation to any User or services provided by such User.
- The Website may be linked to the website of third parties, affiliates and business partners. Curable has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Curable endorses the linked site. User may use the links and these services at User’s own risk.
- Curable assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- If Curable determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Curable reserves the right to immediately suspend your access to the Website or any of your accounts with Curable and makes such declaration on the website alongside your name/your clinic’s name as determined by Curable for the protection of its business and in the interests of Users. You shall be liable to indemnify Curable for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Curable or its Users.
- The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Practitioners online.
- The User shall indemnify and hold harmless Curable and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- If User decides to use the payment gateway to make payments online, it is solely at User’s discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to email@example.com
25. INFORMATION ON MEDICINES, MEDICINAL PRODUCTS AND OTHER PRODUCTS / SERVICES
The Website also provides an information source on medicines, medicinal products and other products services and concentrates on providing understanding including but not limited to the elements used in such medicines and/or medicinal products, usage of such products / services, indications thereof, alternatives thereto, the side effects that may be caused or arise owing to its use, symptoms and associated medicines/medicinal products generally administered in such cases.
This feature is specifically governed by the following terms and conditions
- For Users:
- Any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and neither Curable nor the content owner is responsible for the applicability of the content outside India. Curable provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner.
- Curable has used commercially reasonable efforts to source the information from reliable sources, however, the information contained in this feature is brought from, amongst others, open source platforms and third-party sites / reports. Curable shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained in such information irrespective of the reason or cause of such occurrence, or for any consequences arising from it Curable advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
- You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out herein.
- For Practitioners:
- Practitioners agree and acknowledge that Curable does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide the feature mentioned herein.
- The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.
- Curable does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.
- The content/information provided herein, regarding medicine and/or medicinal products including but not limited to dietary supplements etc., have not been evaluated or approved by the Drug Controller of India or any other statutory body.
- THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO THE VIEWERS ON AN, “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Curable EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN. Curable ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED HEREIN.
- You understand that the Website/App is a platform that Users utilize to locate doctors and make appointments for consult. Even though Curable take all the necessary steps to verify the authenticity of the doctors, You understand that Curable shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the doctor. Curable are not a party to such interaction and take no liability that arises from any such acts of the doctor.
- Limitation of Liability.
In no event, shall Curable be liable to you for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability, including without limitation negligence and in no event shall the total aggregate liability of Curable, for all claims arising out of or under these terms and conditions, exceed INR 1000 (Indian Rupees One Thousand only).
- Change or modification:
Any reference to any medicines and/or medicinal products thereof, is subject to change/modification depending upon the applicable laws/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.
- Hold harmless:
- The use of the feature herein and the content is at the viewer’s sole risk and consequence. Curable shall not be responsible for the results of viewer’s decisions resulting from the use of this feature.
- The viewers/Users/Practitioners hereby release and agree to hold harmless Curable, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.
- Third-Party Links:
Curable may provide links to Third-Party websites or external websites/internal servers or resources including advertisements by others. Curable has no control over such sites and the information provided in them. Curable does not recommend and does not endorse the content on /of any Third-Party websites including that of advertisers. Curable is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such Third-Party websites.
The prices mentioned with respect to the medicines/drugs are for indicative purposes.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
We insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
Collection of Personally Identifiable Information and other Information
When you use Curable Platform, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Curable Platform to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about you. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Curable Platform. You always have the option to withdraw the consent, we have the option not to provide services for which the said information was sought. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve you. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you register and create an account with us. We use your contact information to send you offers based on your previous orders and interests.
Use of Demographic / Profile Data / User Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide to you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize user experience; detect and protect you against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our Users’ activity on our Website.
We maintain standard call and IP logs that record data about all Users who call us and/or access our Website. We store this information for providing services and as an analysis tool. All call logs are stored securely, and may only be accessed by our employees or designees on a need-to-know basis for a specific purpose. We use call log information to help provide our members the efficient services under this membership. We collect IP address of all visitors to the Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like pin code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given User. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.
Sharing of personal information
We may share personal information with our other corporate entities and affiliates to provide services to you, to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
Unfortunately, no method of transmitting or storing data can be guaranteed to be 100% secure. As a result, although we strive to protect your personal information, we cannot ensure the security of any information you transmit to us through, or in connection with the Site. If you have reason to believe that your interaction with us is no longer secure (for say, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
You consent to receive/ communicate data, information, updates from Curable regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of the Empanelled Associate, and from us in general, after setting up an account. If you wish to remove your contact information from all Curable lists and newsletters, please write to firstname.lastname@example.org
Advertisements on Website
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including username, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Messages & Transactions
Comments or questions sent to us using e-mail or secure messaging forms will be shared with our staff and Empanelled Associates who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. When you use a service on the secure section of the Website or interact directly with our staff or Associates, some information you provide may be documented in your medical record, and will be available for use as a future guide for your treatment as a patient.
Data Integrity & Correction
We request all the members to update us on any and all the changes that are documented in Electronic Health Records (“EHR”) at any point of time either through calling us/ email/post. We also encourage you to login into your account to view your personal information and EHR and advise us of any changes to be made.
Although we attempt to ensure the integrity and accuracy, we make no guarantees as to correctness or accuracy of EHR. It is possible that the EHR could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the EHR by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
CANCELLATION & REFUND POLICY
– Policy for Services (Other than Drugs@Home, e-Wellness and Packages)
|Scenario||Cancellation Policy||Refund Policy|
|Customer cancels prior to service delivery||Prior to service delivery, customer may request for cancellation by calling our Call Centre or through the online customer portal No cancellation charges will apply.||If payment has been collected prior to service delivery,100% refund will be made to the respective payment instrument used by the customer.|
|If payment is yet to be collected, there is no refund.|
|Curable initiates cancellation / rescheduling prior to service delivery.|
Note: Curable will make all possible arrangements to deliver services at the scheduled time. In case we are unable to do so, we will request for a mutually agreeable time.
|If the customer disagrees on the rescheduling then request for cancellation is confirmed.||If payment has been collected, 100% refund will be made to the respective payment instrument used by the customer.|
|If payment is yet to be collected, there is no refund.|
|Customer cancels after service delivery has commenced.|
Note: At the discretion of Curable, a customer can be denied services in cases where the customer cancels the service without any valid reason.
|At the customer’s request, Curable will cancel the order and stop the service delivery.||If payment has been collected, 100% refund will be made to the respective payment instrument used by the customer.|
|If payment is yet to be collected, there is no refund.|
|Customer is dissatisfied with the service||Not applicable||At the discretion of Curable, customer will be offered an option of repeating the service.|
|Incorrect billing||Not applicable||If the bill is raised for a higher amount, then the excess amount will be made to the respective payment instrument used by the customer. If the bill is raised for a lesser amount, the customer will be requested to make the required payment.|
Policy for Drugs@Home
Curable facilitates the delivery of medicines as per the orders, and prescriptions in right conditions/ without any damage.
We always recommend the Customers to check the items at the time of delivery. Please notify Curable Customer support team by email to email@example.com within 7 days from the date of order received by the customer in case of any mishap.
‘Refund’ means an action of giving back to the Customer the amount paid by Customer if the product ordered at Curable portal by the customer is returned by the Customer AND if such return is due to any one or more of the below four (4) factors ONLY:
- Product(s) delivered do not match your order;
- Product(s) delivered are past or near to its expiry date (only medicines with an expiry date of less than 03 months as on date of delivery shall be considered as near expiry);
- Product(s) delivered were damaged in transit (do not to accept any product which has a tampered seal).
- Products delivered were spurious (do not accept any product which is tampered) or defective item.
Any refund request arising apart from the above four conditions shall be accepted only on sole discretion of Curable.
Provided, that for the following classes of items refund shall be made ONLY if the above conditions are satisfied:
|Categories||Type of Products (These are indicative of the class and is not an exhaustive or all inclusive list)|
|Baby Care||Bottle Nipples, Breast Nipple Care, Breast Pumps, Diapers, Ear Syringes, Nappy, Wet Reminder, Wipes and Wipe Warmers|
|Supplements & Wellness Products||Health Drinks, Health Supplements|
|Medical & Surgical devices||Glucometer/Strip, Lancet, Healthcare Devices and Kits, Surgical, B.P Monitors, Pregnancy Kits|
|Personal Care||Sexual wellness, Cosmetics, Sanitary and Personal Hygiene|
|Injections and Speciality Medicines||Insulins, Vials, Ampoules, Injections, Vaccines, Penfills and all other Product requiring cold storage, or medicines that fall under the category of speciality medicines.|
|OTC and Ayurveda Products||Herbal Preparations, Sprays, Soaps and all general items.|
If the product that you have received is damaged, then do not accept the delivery of that product. In case after opening the package, you discover that the product is damaged, the same may be returned for refund.
In the aforesaid unlikely situations, if there is something wrong with the order, Curable will be pleased to assist and resolve your concern. You may raise a refund request with Curable customer care within 07 (Seven) days from the day of receipt of the product. Curable reserves the right to reject the refund request, if the customer reaches out to Curable after 7 days of receiving of order.
In the event of frivolous and unjustified complaints regarding the quality and content of the products, Curable reserves the right to pursue necessary legal actions against you, including denial of future service, and you will be solely liable for all costs incurred by Curable in this regard.
Refunds are subject to the below conditions: –
- Any wrong ordering of product doesn’t qualify for Refund;
- Batch number of the product being returned should match as mentioned on the invoice;
- Refund requests arising due to change in prescription do not qualify for Replacement;
- Product being returned should only be in their original manufacturer’s packaging i.e. with original price tags, labels, bar-code and invoice; and
- Partially consumed strips or products do not qualify for Refund, only fully unopened strips or products can be returned.
- Cold chain products (vial, injection, vaccines/ any other cold chain products) do not qualify for refund.
- For Refund intimation, please visit us at consult.curable.care or alternatively contact our customer care at firstname.lastname@example.org.
- Curable customer care team will verify the claim made by the customer within 72 (seventy-two) business hours from the time of receipt of complaint.
- Once the claim is verified as genuine and reasonable, Curable will initiate the collection of product to be returned.
- The customer will be required to pack the products in original manufacturer’s packaging.
- All products claimed to be damaged need to be returned to invoicing vendor who will confirm if the product is damaged. You are requested to take pictures of any damaged product that you have received.
- Curable shall initiate the refund only once it has received the confirmation from the vendor concerned in respect of the contents of the product relating to that refund.
- Customer must retain the invoice till completion of refund process.
In all the above cases, if the claim is found to be valid, Refund will be made as mentioned below:
- Order placed through online wallet will be credited to the wallet; and
- Order placed through cash on delivery will be refunded through fund transfer to customer bank account.
- Order placed through credit/ debit card will be refunded through fund transfer to source bank account.
- Refund if any, will be initiated within 10 (Ten) working days from date of receipt of the returned products by Curable.
|Mode Of Payment||Mode Of refund||Timeframe|
|Cash on delivery||NEFT to bank account||Within 10 working days|
|Credit/debit card/net banking||NEFT to bank account||Within 10 working days|
While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that.
- Customer can cancel the order through Web:consult.curable.care, or by mail to email@example.com.
- No cancellation fee if customer request for cancellation before order is confirmed.
- Cancellation fee will be applicable if order is cancelled after the order is confirmed.
|Stage of order cancellation||CANCELLATION FEE|
|Order Booked||No cancellation Fee|
|Order Confirmed||Rs 21|
|Order Dispatched||Rs 80|
|Order Reschedule once order dispatched||Rs 80|
In case of COD, cancellation fees would be added to the cost of the next purchase. Until all negative amounts are paid Curable reserves its rights to deny service to the customer.
For all prepaid order, Cancellation fee will be deducted from order total and remaining amount will be refunded as per refund policy.
Mode of Refund
The mode of refund depends on the mode of payment used at the time of booking the service.
|Payment Mode||Refund Mode||Time|
|Credit Card / Debit Card / Net Banking / Digital Wallet||Refund will be processed to the same account used at the time of payment.||7-10 business days|
|Cash on Delivery||Bank transfer to the bank account specified by the customer||7-10 business days|
Note: The time given above is only indicative, it may change as per the business policy.