Terms of use

Last updated on January 19th, 2020

Understanding your Rights & Responsibilities as a CURECAST USER

INTRODUCTION:

Welcome! CURECAST, a trading name of CURECAST TECHNOLOGIES, a Company registered under the Companies Act, 1956 having its registered office at 42, New Vadaj Rd, Mahesana Society, Nava Vadaj, Ahmedabad, Gujarat 380013.

This User Agreement constitute a binding agreement between the Users and CURECAST or anyone operating the Website/App for the Country in which You live or in which business is headquartered and are deemed accepted by You each time You use or access any CURECAST Site or Services. If You do not accept the Terms stated here, we request you to not use the CURECAST Website and Services. However, this Agreement is subject to change without prior intimation and the service buyer is bound by all the terms and conditions mentioned on CURECAST website. CURECAST reserves the right to update the Agreement uploaded on the Website and also to update the version on the webpage. The Users are urged to read the Terms and Conditions carefully before the use of the platform/website www.curecasthealth.com. The Users are advised to visit this page periodically to review the most current Terms because they are binding on You.

DEFINITIONS:

CURECAST SITES: The CURECAST Sites are defined as any Websites under CURECAST’s control, whether partial or otherwise (including, without limitation the Mobile Application) and also includes the CURECAST Services. “Website” means the website published by CURECAST at www.curecast.in which sets out the features of the Application.

CURECAST SERVICES: The CURECAST Services are defined as the services provided through applications, websites and other services offered by CURECAST, or any mobile or other interface that allows You to access such application.

USERS/SUBSCRIBER: User refers to any person including doctors, medical students, interns, staff members or anyone else who uses/freely accesses the website and application and registers through the Application as well as avails the CURECAST services on behalf of the user/subscriber.

SERVER: means CURECAST cloud-based server operated by Amazon Web Services including but not limited to EC2 and S3 services, on behalf of CURECAST;

EARLY ADAPTERS: Those subscribers who have subscribed to the CURECAST account on or before 27 April 2018 for FREE.

SCOPE OF SERVICES:

CURECAST is an Electronic Medical Record Application for doctors, staffs, medical students, aesthetics and medical SPA who heavily takes patients/clients photos to track treatment results but unable to keep track of photos and find issues with storage, back up, photo comparison and case history, our company provides very simple and easy to use tools to store, access and compare photos and medical history quickly from all devices without worrying about data loss unlike desktop based software which is not design to take photos and charting from mobile phone and tablet. Using CURECAST’s case feature, photos are automatically categorized by patient’s name, date, case ID, diagnosis, treatment, and uploaded to a secured Amazon cloud server for anytime effortless retrieval from mobile, desktop or laptop devices. CURECAST streamlines the process of taking and managing photographs before and after the treatment showing results of the treatment. This App can be used by the doctors to keep the track of patient’s treatment which further can be used for marketing, education and illustration of their services to new as well as existing patients thus improving the overall patient consulting conversion ratio, care and satisfaction.

ELEGIBILITY:

Users of CURECAST sites hereby represent and warrant that he/she are at least 18 years of age or the age of legal majority in the User’s jurisdiction, whichever is higher. If the User is under the age of 18, User may not use or access the Platform. If CURECAST discovers or has any reason to suspect that User is not at least 18 years of age, CURECAST reserves the right to suspend or terminate access to the Services immediately and without notice.

REGISTRATION OF ACCOUNT:

On registration you agree:

Understand that when you post photos and history of the patient disease on CURECAST app/website on CURECAST platforms, it may automatically encrypted during the transit and get inserted into the CURECAST database online. CURECAST platforms don’t work offline.

Receive promotional mailers/special offers. You may remove yourself from the promotional mailer email database by clicking on the Unsubscribe link provided along with the email.

By registering with CURECAST, we grant you a non-transferable, non-exclusive licence to use the Application on the Device, subject to these Terms of use, the Privacy Policy and any other relevant laws and rules as may be applicable from time to time. The users can use the various subscription plans provided by CURECAST for efficient working of the App suitable as per their requirement and usage. CURECAST assumes that all the data uploaded on the CURECAST platforms is uploaded only after taking consent from the patient’s. It shall be the sole responsibility of the users to make sure that data uploaded on the CURECAST is not illegal or without the consent of the patient. By using the subscription plans, the users can boost their usage and activity on the Application, and can promote their profiles easily and on day to day basis. CURECAST also intends to provide general resources that we feel will help the users, in terms of blog posts, information documents, articles, videos and other related material. However, these terms of service are subject to the terms of use as well as the privacy policy.

GENERAL TERMS OF USE:

You acknowledge that the Application has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Application as described on the Website meet Your requirements. It is also Your responsibility to ensure that you are using the latest updates and versions of the Application made available by the CURECAST.

In no event, shall CURECAST, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of use or any special, incidental, indirect or consequential damages whether or not arising as a result of any negligence, failure or other fault caused by CURECAST, on any theory of liability, and whether or not advised of the possibility of damage.

CURECAST shall not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach.

CURECAST shall not be responsible for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation due to any party or any other liability under the Indian Law.

The user shall be bound by these Terms of use as well as the Privacy policy even during the course of the subscription and usage of the website/apps as well as after the subscription is terminated. Termination of the Subscription dies not give the user the right to violate the terms of use and the privacy policy of CURECAST.

CURECAST has provided certain accounts to early adapters of the CURECAST for FREE on or before 27 April 2018. CURECAST shall provide only those features for FREE which were available at the time of the subscription plan. However, any upgraded feature of the CURECAST App/website shall not be available to the early adapters for FREE and can be used only after purchasing through the App as per pricing and subscription plans available at https://www.curecasthealth.com/frontend/web/pricing.

CURECAST RIGHTS AND OBLIGATIONS:

CURECAST will commence providing services only upon receipt of amount/charges upfront either from the user of the Application or from a third party on behalf of the user.

CURECAST shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

User testimonials and reviews provided by the user to share on CURECAST web sites/Apps becomes public knowledge (public domain) and CURECAST may at its sole discretion include the information for display on CURECAST sites/Apps in any other media including the print media and CURECAST cannot be held liable for usage/publicity of such information.

The Customer/ User agrees and acknowledges that they do not have any objection against CURECAST using their Names and basic details on CURECAST Brochures, Website And Social Media for marketing purposes.

CURECAST is not responsible for the information posted on the CURECAST sites/Apps. CURECAST offers no guarantee or warranties with respect to the data uploaded on the App/website as well as the response received on the App/website.

CURECAST would not be held liable for loss of any data whether of technical nature or otherwise or all or any, information or particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond CURECAST’s reasonable control including but not limited to strike, riots, civil unrest, Government policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

CURECAST assumes that all the data uploaded on the CURECAST platform is uploaded only after taking consent of the patient and undesired data shall be uploaded on the CURECAST platform. The users are responsible for uploading the data only after taking consent from the patient.

CURECAST reserves its right to change the look, feel, design, and prominence, and depiction, classification of the classified section of CURECAST sites at any time without assigning any reason and without giving any notice.

CURECAST reserves its right to reject and delete any information/data fed in by the user without assigning any reason and if found contrary to the terms of use, privacy policy and the general ethics required to be maintained professionally.

Although CURECAST will make all possible efforts to adhere to the privacy settings, it will not be responsible for any wrongful activity or conduct of the user or any third party. For best privacy settings it is recommended that you do not allow your account to be searched at all.

LICENSE RESTRICTIONS:

By agreeing to abide by these Terms of use, we grant You a non-transferable, non-exclusive licence to use the Application on the Device, subject to these Terms & conditions, the Privacy Policy and/or any other rules/laws applicable.

Except as expressly set out in these Terms of use or as permitted by any applicable local laws, You agree not to copy the Application except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security.

You agree and acknowledge to not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application; the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities is used only for the purpose of achieving inter-operability of the Application with another software program.

You agree and acknowledge that CURECAST takes utmost care to protect the privacy of all patient’s and therefore do not unnecessarily disclose or communicate with any third party without your prior written consent; and keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application; and to include our copyright notice on all entire and partial copies you make of the Application on any medium.

You agree and acknowledge not to provide or otherwise make available the Application in whole or in part, in any form to any person without prior written consent from CURECAST; to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or the Services; You acknowledge that You have no right to have access to the Application in source code form; and You shall supervise and control use of the Application and ensure that the Application is used by Your employees and representatives only in accordance with these Terms & conditions.

You agree and acknowledge that you have no right to have access to the Application in source code form; and you shall supervise and control use of the Application and ensure that the Application is used by your employees and representatives only in accordance with these Terms of use and the privacy policy.

GENERAL DISCLOSURES:

CURECAST may transfer our rights and obligations under these terms of use to another organisation at anytime. However, the same shall not affect your rights and obligations under these terms of use.

If any court or competent authority decides that any term of these terms of use to be invalid, unlawful or unenforceable to any extent, then such term only shall, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by Law.

The headings are for reference purposes only and it shall in no way define, limit, construe or describe the extent or scope of such term or section.

In case of our failure to enforce any provision of these terms of use, the same shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

We do not permit you to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these terms of use without prior express written consent from CURECAST.

These terms of use and the privacy policy set forth the entire understanding and agreement between you and CURECAST with respect to the subject matter hereof and exclude any warranties made on CURECAST or any other materials produced by CURECAST.

Any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Indian Laws and Courts.

INTELLECTUAL PROPERTY RIGHTS:

All trademarks copyright, trademark, patent, and/or other proprietary rights and laws and service marks of the product are owned by CURECAST Recruitment Platform Pvt. Ltd and are the property of their respective owners. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the Platform/ Website/ Mobile Application should be construed as granting, by implication, estoppels or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company.

CLAIMS AND COMPENSATIONS:

The user shall have the right to submit claims in situations determined by the current legal regulations, especially in the case of any incorrectness in the operation of the CURECAST Platform/Website or in compliance of the services with these Terms of use.

Claims may be submitted by e-mail to CURECAST postal address/e-mail address mentioned in the Contact us tab below. A claim should at least include the User’s first and last name, the e-mail address under which the User utilizes the Platform/Website, a detailed description of the problem, and the postal address of the User (if the claim is submitted by e-mail). If the information provided by the User is insufficient or requires complementary/more detailed data, CURECAST shall ask the Recruiter filing the claim for such data, and the moment of filing the claim shall be the date when CURECAST obtains more detailed data for investigating the claim. CURECAST shall investigate the claim within Fifteen (15) days from obtaining it, and the User shall be forthwith informed about its result.

MEDICAL ADVICE:

CURECAST does not give medical advice. The CURECAST may provide helpful information to assist you in medical decision-making. The information and materials available through the CURECAST are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through CURECAST. You will be solely responsible for the professional and technical services you provide. In addition, we may endorse certain provider of health care or health-related products, items, or services. However, we do not recommend you to prescribe or use them for any purpose whatsoever.

SUBSCRIBTION PLANS FOR THE CURECAST:

The subscription plans are provided on the link mentioned here https://www.curecasthealth.com/frontend/web/pricing. The Subscription plans are subject to change from time to time and therefore the users/subscribers are bound by the same as and when required. We request the users/subscribers to stay updated and visit the above mentioned link regularly.

You must cancel your subscription before one (1) day of the end date of your subscription period or your renewal date to avoid the next billing. If you do not wish to proceed further or deactivate/ delete your account, you may send us an email on support@curecasthealth.com.

If you cancel your subscription, cancellation will be effective at the end of the current subscription period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

If you do not pay the subscription fee within the stipulated time and upon being constantly reminded through email or any other medium, your account shall be deactivated/deleted as soon as the subscription plan ends.

In the event, if you want to come back and start using the CURECAST App again, you shall have to take another subscription plan as available on https://www.curecasthealth.com/frontend/web/pricing. You shall be considered as a new user of the CURECAST App and shall be assigned new identity.

TERMS OF PAYMENT:

Your CURECAST subscription is available on App store for Apple users, Paypal for Mac and PC users and Play store for Android users, through all the payments portals/method such as net banking, credit/debit card or online wallets:

Payment will be charged through App store/play store/PayPal through using credit/debit card, bank transfer, net banking or online wallets. CURECAST has no control over the payment methods whatsoever. We request the users/subscribers to kindly review the terms & conditions as well as the privacy policies of the third party payment portals mentioned here before making payments.

Subscription shall be automatically renewed unless auto-renew is turned off at least 24-hours before the end of the subscription period.

Subscriptions may be managed by the user by turning off the auto-renewal option at the user’s Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

TERMINATION:

CURECAST may terminate these Terms of use immediately by written notice to You:

If You commit a material or persistent breach of these Terms of Service which You fail to remedy (if remediable) within 14 days after the service of written notice requiring You to do so;

If You commit breach any restrictions mentioned in these terms of use, and privacy policy;

And for any other reason at any time with or without notice.

If the account is inactive for 6 months or more, then CURECAST will send constant reminders through emails before permanently terminating the account.

On termination due to any of the above mentioned reason, all rights granted to You under these Terms of Service shall cease and you must immediately cease all activities authorised by these Terms of Service, including Your use of any Services; and CURECAST shall immediately delete or remove the Application from all Devices, and immediately destroy all copies of the Application then in Your possession, custody or control and certify to us that You have done so. CURECAST has the sole authority as well as the responsibility to take decision with respect to the termination or breach of any condition whatsoever.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless CURECAST, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. The CURECAST reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CURECAST, and you agree to cooperate with CURECAST’s defense of these claims. CURECAST will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

LIMITED LIABILITIES:

The User shall indemnify CURECAST against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing CURECAST Platform/ Website. Any data theft or leak of personal information or to infringement of intellectual property rights connected with the content and software which is not made available by CURECAST Platform/ Website.

TERMINATION:

These Terms will remain in full force and effect while You are a User of any CURECAST Site. CURECAST reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the CURECAST Sites and immediate termination of Your registration with or ability to access the CURECAST Sites and/or any other services provided to You by CURECAST, upon any breach by You of these Terms or if CURECAST is unable to verify or authenticate any information You submit to a CURECAST Site registration. Even after You are no longer a User of the CURECAST Sites, Terms of use of these Terms of use will remain in effect, including any other reasonable term that the CURECAST may think fit

JURISDICTION AND DISPUTE RESOLUTION:

Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by CURECAST. The place of Arbitration shall be at Ahmedabad, Gujarat. The Arbitral procedure shall be conducted in English language and the award or awards shall be rendered in English. The procedural law of the Arbitration shall be Indian Law. The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.

CONTACT:

User may contact CURECAST in case of any queries/ claims relating to the Platform/ Website at:

Email id: support@curecasthealth.com

Call/ WhatsApp (India): +91-987 987 9200, Call/ WhatsApp (UAE): +971- 50 516 0765 (Mon to Sun 9:00 AM – 5:00 PM)

DISCLAIMER:

INFORMATION PROVIDED BY CURECAST SITES MAY BE RELIED ON BY ITS USERS AT THEIR OWN DISCRETION. WE PROVIDE THE PLATFORM FOR THE USERS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURECAST DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CURECAST DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CURECAST OR ANYTHING RELATED TO CURECAST SERVICES, YOU MAY CLOSE YOUR CURECAST ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMINATION CLAUSE AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CURECAST IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE ACTIVITIES CONDUCTED ON THE CURECAST PLATFORM. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR MOBILE APLICATIONS AND/OR WEBSITES AND/OR BY ANY OTHER MEDIUM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CURECAST SHALL NOT BE OBLIGED TO VERIFY THE IDENTITY OF PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES SHALL IT OBLIGE TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, CURECAST DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. CURECAST DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CURECAST DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SEARCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CURECAST DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CURECAST SITES OR APPLICATIONS DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCE RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.