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Last Modified 6th May, 2021.
THESE GENERAL TERMS AND CONDITIONS IS AN AGREEMENT MADE BETWEEN CURE AND CARE PRIMARY CARE PVT. LTD., INDIA (HEREINAFTER REFERRED TO AS “RAPHACURE” OR “COMPANY”) AND THE USER (HEREINAFTER REFERRED TO AS “YOU” OR “USER”) WHO AVAILS ANY SERVICE FROM RAPHACURE. THE WORD YOU SHALL MEAN THE INDIVIDUAL, COMPANY OR ANY OTHER LEGAL ENTITY FOR WHICH THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AGREED TO AND INCLUDES AFFILIATES AND HEIRS OF THE COMPANY OR ANY OTHER LEGAL ENTITY. IF YOU AGREE TO THESE TERMS AND CONDITIONS OF A COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES AND HEIRS. YOU REPRESENT THAT YOU ARE A VALID PERSON MEETING AGE AND OTHER REQUIREMENTS FOR ENTERING INTO AN AGREEMENT AND IN THE EVENT THAT YOU ARE A PARENT OR GUARDIAN OF A MINOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ACT ON BEHALF OF SUCH MINOR AND ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THIS AGREEMENT WILL BE EQUALLY APPLICABLE TO THE MINOR.
THE URL www.raphacure.com IS OWNED BY THE LEGAL ENTITY ‘CURE AND CARE PRIMARY CARE PVT. LTD., INDIA’. THE TERMS AND CONDITIONS OF ENGAGEMENT WITH RAPHACURE AS PER THESE GENERAL TERMS AND CONDITIONS WILL APPLY IN ALL CASES WHERE YOU REGISTER / AVAIL SERVICES FROM RAPHACURE. ONLY SPECIFIC CLAUSE/S WHEN SUPERCEDED BY SPECIFIC CONDITIONS OF CONTRACT WITH YOU IN WRITING SHALL HAVE THE EFFECT OF THE OVERRIDING CONDITIONS AND FOR THE BALANCE THESE GENERAL TERMS AND CONDITIONS SHALL PREVAIL. WHEREVER REFERENCES TO RAPHACURE GENERAL TERMS AND CONDITIONS ARE GIVEN, IT SHALL MEAN THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OR ALL OF THEM, DO NOT CHECK/CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO ACCESS OR USE ANY SERVICES. WHEN YOU REGISTER / ACCESS ANY SERVICES OF RAPHACURE YOU ARE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH ARE INTENDED TO BE FULLY EFFECTIVE AND BINDING.
RAPHACURE MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOU ACCESSING THE RAPHACURE WEBSITE OR APP CONSTITUTES YOUR ACCEPTANCE OF THE RAPHACRE GENERAL TERMS AND CONDITIONS AS IT APPEARS AT THE TIME OF YOUR ACCESS OR USE.
RAPHACURE PROVIDES ONLY PRIMARY HEALTHCARE SERVICES AND DOES NOT TREAT MEDICAL EMERGENCIES. YOU UNDERSTAND AND AGREE THAT USE OF RAPHACURE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT IN NO EVENT SHALL RAPHACURE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, APP, AND / OR CONTENT OR INFORMATION PROVIDED HEREIN. (HEREINAFTER REFERRED TO AS ‘GENERAL INDEMNITY’ PROTECTION TO RAPHACURE) INFORMATION PROVIDED ON RAPHACURE WEBSITE / APP SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR USED FOR TREATMENT PURPOSES AND NO CONTENT IN THE WEBSITE / APP INTENDS TO PROVIDE MEDICAL ADVICE, PROFESSIONAL DIAGNOSIS, OPINION, TREATMENT TO YOU OR ANY OTHER INDIVIDUAL.
THE INFORMATION CONTAINED IN AND SERVICE DELIVERY BY RAPHACURE VIA THIS WEBSITE / APP COULD INCLUDE HYPERTEXT LINKS OR POINTERS TO INFORMATION THAT IS CREATED, OWNED AND MANAGED BY EXTERNAL MEDICAL SERVICE PROVIDERS (HEREINAFTER CALLED ‘MSPs’) TO ASSIST YOU IN YOUR SERVICES OR ANY PROMOTIONAL LINKS. WHEN YOU SELECT A LINK TO AN OUTSIDE WEBSITE, YOU AGREE THAT YOU DO SO AT YOUR RISK AND ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE OWNERS / SPONSORS OF THAT OUTSIDE WEBSITE. RAPHACURE DOES NOT GUARANTEE THE AVAILABILITY OF SUCH LINKED PAGES AT ALL TIMES. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY US OF THE LINKED SITE.
YOU AGREE TO RECEIVE REPORTS, DOCUMENTS, NOTIFICATIONS, CONFIRMATIONS, ADMINISTRATIVE MESSAGES, COMMUNICATIONS, PHONE CALLS AND MESSAGES FROM RAPHACURE OR THE OWNERS / SPONSORS OF EXTERNAL WEBSITES NOTWITHSTANDING A DND (DO NOT DISTURB) REGISTRATION YOU MAY HAVE WITH THE PROVIDERS OF COMMUNICATION CHANNELS.
YOU AGREE AND GRANT YOUR CONSENT THAT RAPHACURE MAY RECORD ALL CONVERSATIONS, AUDIO OR VIDEO CALLS FOR PURPOSES OF MEDICAL RECORDS AND QUALITY TRAINING PURPOSES.
RAPHACURE RESERVES THE RIGHT TO WITHDRAW, MODIFY, SUSPEND OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE OF ITS WEBSITE OR APP AT ANY TIME WITHOUT NOTICE
THE RAPHACURE WEBSITE OR APP MAY CONTAIN FORWARD LOOKING STATEMENTS THAT DO NOT CONSTITUTE PROMISES OR ASSERTIVE STATEMENTS IN ALL CONTEXTS. IT IS IN YOUR DISCRETION TO MAKE USE OF THE INFORMATION OR STATEMENTS PROVIDED. RAPHACURE MAKES NO REPRESENTATION THAT ALL INFORMATION IS ACCURATE, LATEST OR COMPEHENSIVE.
RAPHACURE IS NOT RESPONSIBLE FOR COMPLETE INFORMATION OR FLOW NOT APPEARING DUE TO FAULTS IN CERTAIN SOFTWARES, APPLICATIONS OR DEVICES YOU MAY BE USING.
DATA FOR SERVICES AVAILABLE ON FREE OF CHARGE ON A TRIAL BASIS MAY BE LOST AT THE END OF THE TRIAL PERIOD AND ADDITIONAL TERMS AND CONDITIONS MAY APPEAR OR BECOME APPLICABLE.
YOU AGREE THAT IN THE EVENT OF ANY PROBLEM IN USING RAPHACURE WEBSITE OR APP, YOUR SOLE REMEDY SHALL BE TO CEASE USING RAPHACURE WEBSITE OR APP.
ALL CONTENTS OF THIS WEBSITE ARE THE PROPERTY OF RAPHACURE. WE GRANT YOU PERMISSION TO DOWNLOAD, STORE, PRINT, DISPLAY AND USE THE CONTENT ONLY FOR YOUR PERSONAL USE AND NOT FOR ANY COMMERCIAL USE. YOU AGREE NOT TO REPRODUCE ANY CONTENT WITHOUT THE WRITTEN CONSENT OF RAPHACURE.
ANY SUGGESTIONS RECEIVED THROUGH ‘CONTACT US’ SHALL BECOME THE PROPERTY OF RAPHACURE WITHOUT ANY OBLIGATION AND YOU SHALL NOT BE ENTITLED TO ANY CLAIM OR COMPENSATION UNDER ANY CIRCUMSTANCES.
RAPHACURE MAY FOR ANY REASON SUSPEND, MODIFY, DISCONTINUE OR TERMINATE SERVICES OR ACCESS TO YOU AT ANY TIME; FOR CAUSE OR CONVENIENCE WITHOUT ANY PRIOR NOTICE. YOU AGREE TO THE SAME WITHOUT QUESTION OR DEMUR.
YOU GRANT RAPHACURE THE RIGHT TO ASSIGN THIS CONTRACT TO ITS AFFILIATE OR IN CONNECTION WITH A MERGER, ACQUISITION OR SALE WITH AN INTIMATION ON THE WEBSITE OR TO YOU.
INCASE ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BECOME UNOPERATIVE OR INVALID OR UNENFORCEABLE, THE REMAINING TERMS OF THIS AGREEMENT SHALL REMAINING TERMS SHALL REMAIN TO BE EFFECTIVE AND VALID. FAILURE OF RAPHACURE TO INSIST ON PERFORMANCE OF ANY ONE OF THE TERMS OF THIS AGREEMENT WILL NOT MEAN A WAIVER OF THE SAME TERM AGAIN OR ANY WAIVER OF ANY OTHER TERM OR CONDITION.
A PRINTED VERSION OF THIS AGREEMENT AND ANY RELATED NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN ANY JUDICIAL PROCEEDINGS TO THE SAME EXTENT AS ANY OTHER AGREEMENT ON PAPER OR PRINTED FORM. BY CLICKING ON “I ACCEPT” OR “AGREED” OR ANY SUCH CONNOTATION TO THE ELECTRONIC AGREEMENT, YOU ACCEPT THAT YOU DIGITALLY GIVE YOUR COMPLETE AND UNEQUIVOCAL CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THESE TERMS AND CONDITIONS WILL BE CONSTRUED ACCORDING TO INDIAN LAWS. ANY DISPUTES ARISING OUT OF THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO THE JURISDICTION TO THE COURTS OF MUMBAI, INDIA
Use of your Account
Maintaining the secrecy of your password or storage and safe custody of paper coupons shall be the responsibility of the User wherever applicable.
Use of Third Party Services
As part of the services offered, You may also be using the services of one or more third parties with whom Raphacure has tie-ups for services. Raphacure acts as a facilitator in such cases and may not have a direct control over the third party services. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. Raphacure accepts no liabilities to the terms and conditions of linked websites.
On using services of Raphacure vendor partners i.e. third parties you agree to share your contact details viz. email id and phone number with such partner vendors who may contact you for registration and/ or associated service.
Software Updates
Raphacure in an effort to provide the best services under subscriptions, may make changes to the software platforms or update the software automatically without notice to you. Enhanced updates and portal or web or app based services may be made available on payment of additional charges at the option of Raphacure. Raphacure reserves the right to employ artificial intelligence to respond to queries, or to handle portions of the user interface.
Changes to User Interface and Terms of Agreement
Raphacure may make changes to the software or modify its terms and conditions without any notice to you. You are expected to read the latest version of the terms and conditions notwithstanding the one-time agreement to the terms and conditions. It shall be presumed that User has read all modified terms and conditions before the availing of services.
Online feedbacks
Raphacure may obtain feedback on services and utilize the same for service improvements. Raphacure reserves the right to have backend scrutiny of feedbacks received and to publish certain or all feedbacks received on social media sites for the purposes of rating analysis or promotion. By agreeing to the terms and conditions, you give RAPHACURE the right of your consent for the same. The decision of RAPHACURE not to consider a feedback in its analysis and/or the labelling of objectionable content in feedback shall be a matter solely at the discretion of Raphacure.
Assignment
Raphacure reserves the right to assign the rights and obligations under this agreement to another party without notice to the User. User cannot assign services to any other person without prior written confirmation of Raphacure.
Indemnity
User shall indemnify and hold harmless Raphacure and its parent and affiliates, their directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of breach of these Terms of Use and expressly waives any claim on Raphacure for any costs, damages, liabilities or other consequences for any commissions or omissions by Raphacure or its partners that may result in any inconvenience, harm, financial loss, injury or damage due to promises and performances made by Raphacure in good faith, but not executed for any restricting constraints on Raphacure for any reason whatsoever, or not executed to the satisfaction of the User. This clause shall apply in protection to Raphacure of any liabilities to the maximum extent permitted by law.
Export Control and other restrictions
Raphacure retains the right to terminate the services if User is found to be under any export control restrictions including those of international bodies. Raphacure retains the right to refuse a service and/ or terminate the service prematurely without any financial implication to Raphacure if the User misrepresents information, misuses the services, engages in any unlawful activities or indulges in any anti-social behaviour. Raphacure retains the right to refuse a service or terminate the same prematurely for reasons mentioned above without informing any reason whatsoever.
OPT IN BENEFITS BY YOUR EMPLOYER
The Raphacure Services are offered as an opt-in benefit by your Employer. It is your personal choice whether to take up any of the programs provided and you do so at your own risk. The services are provided by Raphacure Care as a service provider and not your employer and are subject to the Raphacure Care's terms of service and privacy policy, which you should review carefully.
Your Employer is not responsible or accountable for any liabilities arising out of the advice, diagnosis or assessment of medical condition/ treatment by the external consultant or medical practitioner referred by such external consultant or any other services provided by Raphacure "
Privacy
Personal data for registration, storage, including storage of medical records, reports, references, preferences may be part of the user on-boarding and usage. Raphacure shall use this data for the purpose of making the platform and service and improvements available to you, or for permitted marketing and promotion, or for any mandatory disclosures to government agencies and regulatory bodies. Raphacure assures complete privacy of your personal information. Raphacure may however use your personal information to communicate to you via various media like telephone calling, emails, SMS, WhatsApp messages, letters, etc. for the purposes of updating you about the Services or for information about any other products and services it offers or for analytics purposes. By agreeing to these terms and conditions, you specifically give your free consent to RAPHACURE to approach you via any of the various media mentioned herein for any of its campaigns or communications. RAPHACURE is liable to keep your personal data and medical records for the minimum periods required under law. However, access to your personal data post the minimum period required under law may not be available to you. Any mistakes in your data may be informed to RAPHACURE and RAPHACURE reserves the right to make necessary corrections, restrict further processing or erase incorrect data within reasonable timelines. For detailed terms of privacy, you may refer the Privacy Policy available on the Website.
Medical Service Providers
SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES. Raphacure provides the services through own or independent medical professionals/ organizations/ institutions/ ambulance providers/ pathology labs/ radiology labs/ others (“Medical Service Providers”). Raphacure may provide Users with discounted services either through self or through any of the Medical Service Providers at certain locations and access to including, but not limited to, virtual health services.
The Medical Service Providers are independent entities/ professionals in private practice and are neither employees nor agents of Raphacure and/or its parents, subsidiaries or affiliates. Raphacure is only an aggregator/ facilitator of independent Medical Service Providers. Raphacure does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, Raphacure does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. Raphacure shall not be responsible for any breach of service or service deficiency by any Medical Service Provider.
Raphacure makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to any product or service and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Raphacure also does not authorize anyone to make any warranty on Raphacure’s behalf.
You shall not deliberately use the Services in any way that is unlawful or harms Raphacure or Medical Service Providers, Raphacure’s directors, employees, affiliates, distributors, partners, service providers and/or other users of the Website. If Raphacure suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights that Raphacure may have. Raphacure reserves the right to inform the relevant government or law enforcement authorities. Raphacure will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Raphacure reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services provided to you by Raphacure and update information from time to time.
Any advice provided by any Medical Service Provider shall depend solely on the completeness and accuracy of the information provided by you. Neither Raphacure nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider to you.
The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and may be subject to certain limitations. Consequently, in no event shall Raphacure and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Raphacure in any manner whether or not Raphacure has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Raphacure. You specifically agree and understand that neither Raphacure nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm.
The views and suggestions expressed by Medical Service Providers in the course of providing the Services shall in no manner be construed as an endorsement by Raphacure. Raphacure shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or non-medical, professional or non-professional conduct of any Medical Service Provider for any reason whatsoever. Raphacure is free to change the Medical Service Providers at its discretion. Raphacure is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Raphacure may deem fit.
Notwithstanding the aforesaid, the provision of services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
Representations
You hereby represent and warrant that:
You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services, then you will Ensure that the minor person observes and complies with the terms Assume full liability for any non-compliance or violation of the terms by the minor in a way that any non-compliance or violation by the minor person shall be deemed to have been committed by you. All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information; You will use the services solely for your personal and non-commercial use; and You will not use the services in any way that is unlawful, or harms any person or entity.
Infringements, Patents, Intellectual Property Rights, Trademarks Any infringements if noticed shall be brought to the notice of RAPHACURE by writing to wellness@raphacure.com. Raphacure retains to right to modify or remove any infringed contents / offerings in order to void the infringement without any admission to the liability or any other defenses, rights or remedies available to Raphacure.
Force Majeure
Raphacure will make every effort to deliver performances on time. However, Raphacure shall be free from any claims and damages in case of any delays or non-performances due to any force majeure event, natural or man-made; including conditions which may restrict or prevent performance including on the specific day of service request like traffic weather, non-availability of phone connections, software or other breakdowns, non-accessibility, conditions of risk or any un-foreseen incidents, etc. if beyond the reasonable control of Raphacure.
Content & Design Ownership
Raphacure has all ownership rights for the design, contents and packaging of its services and offerings. Any unauthorized use or copying or display or distribution or exploitation of the design or terms and contents of the services and offerings are prohibited.
Notices
All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Raphacure:
If to you:
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