TERMS OF USE

These terms of use, read with the Privacy Policy (“Privacy Policy”), are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various statutes as amended by the Information Technology Act, 2000 and is enforceable against You (as defined hereinafter) under law by way of your acceptance hereof.

The domain name https://curebay.com and  applications for mobile, tablet and other smart devices and application program interfaces, if any (collectively referred to as the “Website”), operated by Curebay Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Curebay” or “We” or “Our” or “Us” or “Company”).

Your access or use of the Website, transaction on the Website, are governed by the following terms and conditions (hereinafter referred to as the “Terms of Use”), including the applicable policies which are incorporated herein by way of reference, along with any amendments / modifications made by the Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of the service(s). These Terms of Use constitutes a legal and binding contract between You on one part and Curebay on the other part.

The Website is a platform that connects Users to the healthcare providers and other key ecosystem players (“Healthcare Providers”) to avail the services provided over the platform (“Services”). The arrangement between the User and Curebay shall be governed in accordance with this Privacy Policy and the Terms of Use. For the purpose of these Terms of Use, wherever the context so requires "You" or “Your” "Users" shall mean any natural or legal person who has agreed to become a buyer on the Website by registering on the Website as a registered User using the computer systems or just visiting and browsing the Website as a non-registered User or the Healthcare Providers to be listed or already listed on the Website, including designated authorized associates of such Healthcare Providers or a patient, his or her representative searching for Services through the Website/platform.

The Users and Curebay shall hereinafter be referred to individually, as “Party” and collectively, as “Parties”.

By accessing, browsing or in any way transacting on the Website, or availing any of the Services, You signify Your agreement to be bound by these Terms of Use. For purchases via our Website, by clicking on the “Accept” or “Agree” button you agree to the Terms of Use that will bind you. If you do not agree to these terms and conditions you must cease to purchase any services from us. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

1. Interpretation
   • The headings are used for convenience and ease of reference and shall not affect the construction or interpretation of any provision of this Terms of Use.
   • Reference to the singular includes a reference to the plural and vice-versa, and reference to any gender includes a reference to the other gender.
   • Reference to an individual shall include his/ her personal representative.
   • References to any enactment are to be construed as referring also to any amendment or re-enactment, any previous enactment that such enactment has replaced (with or without amendment) and to any regulation or order made under it.

2. Scope
   • This Website allows consumers to browse the service offerings and furnish information related to the Services selected by the User. There are various options that can be made available to the consumer by the Curebay or Healthcare Providers, starting with customised service, additional services delivered at the doorstep or on the healthcare centres.
   • The arrangement between You and Us shall be governed in accordance with these Terms of Use and Privacy Policy.

3. E-Platform for Communication
   • You agree, understand and acknowledge that the Website is an online platform that enables you to select and book Services at the price indicate therein at any time from any location.
   • You further agree and acknowledge that Curebay is only a facilitator and is not and cannot be a party to or control in any manner any Services provided by the Healthcare Providers on the Website. Accordingly, the contract of purchase on the website shall be strictly bipartite contract between You and the Healthcare Providers on Website.
   • When You connect the Healthcare Provider through the Platform via call or text message, Curebay reserve the right to record the conversation for quality control and support related purposes and are dealt with the terms of the Privacy Policy. Such call facility provided by Curebay should be used for appointment and booking purposes and not consultation on health related issues. Curebay accepts no liability if the call facility is not used in accordance with the foregoing.

4. Access to Website
   • We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.

5. Eligibility
   • The Website should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If You are a minor (i.e. You are under the age of 18 years), You may use the Platform or Services only with the involvement of Your parent or guardian.
   • In addition, You represent and warrant that You have the right, authority and capacity to enter into this Terms of Use and to abide by all the Terms of Use. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the Terms of Use, Curebay reserves the right to suspend or permanently prevent You from availing Services or using the Website.

6. User Account, Password and Security
   • The Website requires You to register as a User by creating an account to avail of the services provided by the platform (“Account”). You agree and understand that You are responsible for maintaining the confidentiality of the Account information i.e., Your password which, together with Your e-mail address (“User ID”), allows You to access the Platform. This User ID and password, together with any mobile number or other information You provide form Your “Registration Information”.
   • You agree to: (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
   • The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your Account/Account Information or financial information.
   • You hereby acknowledge that the deletion of the Services from the Website does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of Curebay, immediately upon receiving your written request to that effect Curebay shall remove and/delete all such information.

You agree and acknowledge that You will use your account on the Website to purchase Services only for your personal use and not for business purposes.

7. Intellectual Property Policy
   • All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, written posts and comments, software, scripts (" Content"), constitute Our and Our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website, and the Content.
   • You may access the Website, avail of the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. If You would like to request permission to commercially exploit any particular Content, You could contact Us in the manner provided for herein.
   • Curebay and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
   • All software used on the Website is the property of Curebay or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited. Our trademarks should not be used in connection with any Services or service without obtaining authorization from Curebay, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits Curebay. Contravention of this provision shall be construed as a material breach of this Terms of Use.

8. Customer Communications
   • Accepting these Terms of Use, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering your Account. You further agree to Us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Website. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
   • You certify, warrants and represents that the telephone numbers and/or email addresses and any other information that you have provided to Us are Your own and not someone else's and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address (es).

9. User Guidelines
   • In consideration of Curebay granting You the rights hereunder, You hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Website in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any Curebay server, or interfere with any other party's use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.
   • All Registration Information that you submit is true and accurate and you agree to maintain the accuracy of such information.
   • The Website is made available to you for your own personal and non-commercial use alone.
   • You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website that:

• belongs to another person without his or her consent and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
• harm minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights
• violates any law for the time being in force;
  • You shall request Curebay to block the Account and change the password immediately for the Account, if your Device has been lost or stolen.
  • You are responsible for any and all activities that occur in your Account. You agree to notify Curebay immediately of any unauthorized use of the Account or any other breach of security. Curebay shall not be liable for any loss to You owing to negligent actions or a failure on Your part to inform Curebay within a reasonable time, about loss or theft of your device and/or any unauthorized access in your Account, either with or without your knowledge.
  • Curebay shall make all reasonable efforts to ensure that your information is kept confidential. However, Curebay shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence or failure on your part to practice safe computing.
  • You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and Curebay shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
  • You must notify Your bank immediately in the event Your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without Your permission. Please refer the detailed instructions received from Your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card.
  • You shall not place order or contact Curebay Healthcare Providers available on the Website directly or indirectly for placing order using any other means except Website. In the event of violation, Curebay shall not be responsible for Service quality, customization and its timely delivery as guaranteed on the Website and shall not provide redressal to any of your grievances against the Healthcare Providers or any of its Services.

10. Indemnification
    • You agree to protect, defend and indemnify Us and hold Us and Our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the Website in violation of these Terms of Use and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
    • The terms of this clause will survive any termination or cancellation of these Terms of Use or Your use of the Website.

11. Disclaimer
    • You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and use and are using your best and prudent judgment before entering into any transactions through the Website.
    • We will neither be liable nor responsible for any actions or inactions of Healthcare Providers nor any breach of conditions, representations or warranties by the Healthcare Providers of the Services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and Healthcare Providers of the Services.
    • We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services listed or displayed or transacted or the Content (including product or pricing information and/or specifications) on the Website.
    • We do not implicitly or explicitly support or endorse the sale or purchase of any Services/s on the Website. At no time shall any right, title or interest in the Services/s sold through or displayed on the Website vest with Curebay nor shall Curebay have any obligations or liabilities in respect of any transactions on the Website.

12. Warranties
    • The Website and the functions and features therein are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • Curebay shall make reasonable efforts to make available the Website and the functions and features at all times. However, We make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free.
    • Curebay shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Curebay including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
    • Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk and You are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us through or from the service will create any warranty not expressly stated in these Terms of Use.

13. Limitation of Liability
    • Curebay shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Users as a result of any disclosures made by Curebay, where Users have consented to the making of such disclosures by Curebay.
    • To the maximum extent permitted by applicable law(s), Curebay, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), 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, (a) the use of, or the inability to use, the Website or the Content, materials and functions related thereto; (b) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
    • Curebay assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users’ equipment on account of the Users’ 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 any of the Users are dissatisfied with the Website, the sole remedy of such User(s) is to discontinue using the Website.

14. Payments
    • Registration on the Website and the access to the information provided on the Website is free. You agree to make all payments directly to Curebay for purchase of Services. You agree and acknowledge that You shall not hold Curebay responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Healthcare Providers or its representatives or delivery agents or for any actions/ omissions which are beyond the control of Curebay.
    • In order to process the payments, Curebay will integrate with trusted payment gateways/platforms.
    • We will have the right to modify the price of the Services and contact You for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify You of such cancellation. In the event that we accept Your order, the same shall be debited to Your credit card account.

15. Modification of Website
    • Curebay reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The Users agree that Curebay will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

16. Severability
    • If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

17. Termination
    • Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of, of the Website and to block or prevent Your future access to, and use of, the Website. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
    • Your Right: You may terminate these Terms of Use by closing Your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.

18. Waiver
    • No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Curebay. Any consent by Curebay to, or a waiver by Curebay of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

19. Force Majeure
    • The User accept and acknowledge that Curebay shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the delivery of Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Curebay or any third party advertisers), or any other delay or default or deficiency or failure which arises from causes beyond Curebay’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Curebay, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

20. Governing Law and Dispute Resolution
    • These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Bhubaneswar.

21. Contact Information
    • If any User(s) has any comment, question or suggestion regarding any of our Services, please contact our customer service at <<>>. If any User(s) has any questions concerning Curebay, the Website, these Terms of Use, or anything related to any of the foregoing, Curebay can be reached at the following email address <<>>.