THESE WEBSITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS AND CONDITIONS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU THE USER AND CURE MANTRA (BOTH TERMS DEFINED BELOW). THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND CURE MANTRA FOR THE USE OF THE WEBSITE.
These Terms and conditions of the website located at the URL www.CureMantra.com/terms under the name and style "CURE MANTRA" (the Website) is between
(hereinafter referred to as "Cure Mantra" or "We" or "Us" or "Our") and the users whether registered or un-registered (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Cure Mantra offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
Unless specified herein, a registered user shall mean and include,
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
A pharmacist, or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Pharmacist(s)”, “you” or “User”); or
A medical testing laboratory, or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Labratory(s)”, “lab”, “you” or “User”)
Or, Otherwise a user of the Website (“you” or “User”).
2. APPLICABILITY OF THE AGREEMENT
2.1. This Agreement applies to you whether you are a registered user or an un-registered user. It applies to those services made available by Cure Mantra on the Website, which are offered free of charge to the Users (“Services”), including the following:
2.1.1. For medical practitioner, pharmacist & medical testing laboratory: Listing of profiles and contact details, to be made available to the other Users and visitors to the Website;
2.1.2. For other Users: Facility to (i) create and maintain accounts, (ii) search for medical practitioner, pharmacist & medical testing laboratory by name, specialty, and geographical area, or any other criteria that may be developed and made available by Cure Mantra, and (iii) to make appointments with medical practitioner, pharmacist or a medical testing laboratory.
2.2. The Services are offered on an as – is basis and may change from time to time, at the sole discretion of Cure Mantra, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
2.3. By accessing the Website to use the Services or otherwise to view or obtain information of any kind, you irrevocably accept all the conditions stipulated in this Agreement, as available on the Website, and agree to abide by them. This Agreement supersedes any and all oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services.
2.4. This Agreement may be modified for any reason and at any time, and such modifications may or may not be informed to you in writing. You should read the Agreement at regular intervals. Your continued use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please refrain from using the Website.
Your access to use of the Website and the Services will be solely at the discretion of Cure Mantra.
3. CONDITIONS OF USE:
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Cure Mantra that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement. However, incase you are a minor and still need to or want to access this website, you may do so under adult supervision and in such a case, the adult i.e. parent or guardian accepts this Agreement in totality on your behalf.
4. DATA PRIVACY
5. LISTING CONTENT AND DISSEMINATING INFORMATION
5.1. Cure Mantra collects, directly or indirectly, and displays on the Website, relevant information regarding the profile of the any medical practitioner, pharmacist & medical testing laboratory, on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details (whatever applicable). Cure Mantra takes reasonable efforts to ensure that such information is updated at frequent intervals.
5.2. Although Cure Mantra screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
5.3. The Services provided by Cure Mantra or any of its service providers 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). No representation, warranty or guarantee, express or implied about the Website or the Services is given.
6. SERVICES OFFERED ON THE WEBSITE
6.1. Cure Mantra endeavours to ease the communication between a medical practitioner, pharmacist & medical testing laboratory and in order to be able to provide the same, we provide an array of services.
6.2. The current available services include online appointment scheduling, profile presentation, and an online channel between the medical practitioner, pharmacist & medical testing laboratory that allows them to view the prescriptions, reports and medicines purchased by the patient suing one of our cure mantra registered users.
6.3. If a User has utilized the services, Cure Mantra reserves the right to share the information provided by the User with the Practitioner, Pharmacist, Lab and store such information and/or communication of the User with the medical practitioner, pharmacist & medical testing laboratory.
7.1. LISTING POLICY
7.1.1. Cure Mantra, directly and indirectly, collects information regarding the profiles, contact details, and field and reserves the right to take down any profile as well as the right to display the profile of a registered user, with or without notice to the concerned user. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Cure Mantra immediately to enable Cure Mantra to make the necessary amendments.
7.1.2. Cure Mantra shall not be liable and responsible for the ranking of the users on external websites and search engines.
7.1.3. Cure Mantra shall not be and cannot be held responsible or liable in any manner whatsoever to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Cure Mantra, where the User has expressly or implicitly consented to the making of disclosures or publications by Cure Mantra.
7.1.4. Medical practitioner, pharmacist & medical testing laboratory explicitly agree that Cure Mantra reserves the right to publish the Content provided by you all to a third party including content platforms.
7.1.5. You as a Medical practitioner, pharmacist & medical testing laboratory hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Cure Mantra accepts no liability for the same.
8. PROFILE OWNERSHIP AND EDITING RIGHTS
8.1. Cure Mantra ensures easy access to the Medical practitioner, pharmacist & medical testing laboratory by providing a tool to update your profile information. Cure Mantra reserves the right of ownership of all the profile and photographs and to moderate the changes or updates requested. However, Cure Mantra takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates.
8.2. You hereby represent and warrant that you are fully entitled under applicable law to upload all content uploaded by you as part of your profile or otherwise while using Cure Mantra’s services, and that no such content breaches any third party rights, including intellectual property rights.
8.3. Incase of a breach of the foregoing representation, Cure Mantra may modify or delete parts of your profile information at its sole discretion with or without notice to you.
9. PROHIBITED USAGE
9.1. Users are prohibited from:
9.1.1. violating or attempting to violate the security of the Website or the Content;
9.1.2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website;
9.1.3. intentionally submitting on the Website any incomplete, false or inaccurate information;
9.1.4. making any unsolicited communications to other Users;
9.1.5. 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;
9.1.6. attempting to reverse engineer, decipher, decompile or disassemble any part of the Website;
9.1.7. copying or duplicating in any manner any of the Cure Mantra Content or other information available from the Website;
9.1.8. framing or hot linking or deep linking any Cure Mantra Content;
9.2. Cure Mantra, upon obtaining knowledge by itself or been brought to actual knowledge by any person in writing or through email about any such information as mentioned above, shall be entitled to disable such information. Cure Mantra, however, shall also be entitled to preserve such information and associated records for production of the same to the governmental authorities for investigation purposes.
9.4. Cure Mantra may disclose or transfer User-generated information to its affiliates or governmental authorities in such a manner as permitted or required by applicable law, and you hereby consent to such transfer. Cure Mantra respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
10.1. Cure Mantra at all time, reserves the right to suspend or terminate an account with the Website, with or without notice and to exercise any other remedy available under applicable law, in cases where,
10.1.1. Such User breaches this Agreement;
10.1.2. A third party reports violation of any of its right as a result of your use of the Services;
10.1.3. We are unable to verify or authenticate any information provided to us by a User;
10.1.4. We have reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
10.1.5. Cure Mantra believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Cure Mantra or are contrary to the interests of the Website.
10.2. Once suspended (temporarily, indefinitely or terminated), the User may not continue to use the Website under the same account, a different account or re-register a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to any data, messages, files and other material kept on the Website by such User.
11. LIMITATION OF LIABILITY
11.1. In any situation whatsoever, including but not limited to negligence, Cure Mantra, or any of its directors, officers, employees, agents or content or service providers, cannot be held liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website.
11.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
12. RETENTION AND REMOVAL
We may retain any information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information.
13. APPLICABLE LAW AND DISPUTE SETTLEMENT
13.1. You agree that this Agreement and any contractual obligation between Cure Mantra and User will be governed by the prevalent laws of India.
13.2. Any dispute, claim or controversy arising out of or relating to this Agreement shall be settled by arbitration in India, before a sole arbitrator appointed by Cure Mantra. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and its subsequent amendments. The proceedings shall be held at Kolkata. The award shall be final and binding on the parties to the dispute.
13.3. Subject to the above Clause, the courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access, incase the same is not settled through arbitration.
14. CONTACT INFORMATION GRIEVANCE OFFICER
Incase of any questions concerning Cure Mantra, the Website, this Agreement, the Services, or anything related to any of the foregoing, Cure Mantra customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available on the contact us page.
If any provision within this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were non-existent and the remainder Agreement shall be enforceable as-is.
No provision provided herein shall be deemed to be waived and no breach excused, unless such waiver or consent is in writing and signed by a representative authorized by us. Any consent by Cure Mantra to, or a waiver by Cure Mantra of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
17.1. This disclaimer shall govern your use of our website. By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
17.2. The information contained in this website and the services provided through the website are “as-is” and “as-available” only. The information is for general information purposes only. The Services and Information is provided by Cure Mantra or its associates and while we endeavor to keep the website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
17.3. To the fullest extent permitted by law, Cure Mantra 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 Cure Mantra or any User in relation to any User or services provided by such User. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
17.4. Every effort is made to keep the website up and running smoothly. However, Cure Mantra takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
17.5. Cure Mantra 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.
17.6. Cure Mantra neither guarantees any booking with any doctor or lab nor does it guarantee any prescription or medication whatsoever.
17.7. Cure Mantra also does not guarantee any treatment or cure or recovery from the use of the services provided herein.
17.8. It is made clear that the communication with our portal does not constitute a doctor-patient privilege.