goficure (referred to as “we”, us”, “goficure”) is the author and publisher of the internet resource (referred to as “Website”) on the world wide web as well as other connected software and applications provided by goficure, and together with Websites referred to as “Services”). goficure provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)
NATURE AND APPLICABILITY OF TERMS
Request you to read thoroughly these terms and conditions (“Terms”) and the privacy policy available at https://goficure.com/dev/privacy-policy (“Privacy Policy”) before you choose to access the Website or avail the Services we offer you. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and goficure in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are –
A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);
A user of the Website (“you” or “User”)
This Agreement applies to all services made available by goficure on the Website.
The Services may alter periodically, at the sole discretion of goficure, 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.
This Agreement outlines clearly the terms and conditions under which you are permitted to use the Website and defines the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us using the ‘Contact Us’ feature on the Website.
By downloading or accessing the Website to use the Services, you irreversibly consent to all the terms and conditions specified in this Agreement and agree to completely abide by them.
This Agreement replaces all earlier oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to amend or dismiss any portion of the Agreement for any reason and at any time.
You should go through the Agreement periodically. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement, so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.
You accept that 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 do not use the Website or avail any of the Services.
Your access to the use of the Website and the Services will be solely at the discretion of goficure. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, 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 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
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 goficure 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.
END-USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules and are reproduced in the Privacy Policy.
goficure and its Partners may by the Services, gather information pertaining to the devices through which you access the Website, location of access and unspecified data related to your usage. The information so gathered will be used only to make a positive changes to the quality of services and introduce new services.
The Website and App allow goficure and its Partners to have knowledge of Users’ email or phone number, for communication and analytics.
The Privacy Policy presents:
The nature of information gathered from Users, which includes sensitive information and personal data.
The purpose means and modes of how this information is used;
How and to whom goficure will share such information; and,
Other information as stipulated by the SPI Rules.
It is the responsibility of the user to read and comprehend the Privacy Policy, to confirm that he or she knows of:
the fact that certain information is being collected
the reason for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the various rights available to such Users in respect of such information.
goficure and its Partners shall not be held accountable in any way for the genuineness or exactness of the personal information or sensitive personal data or information supplied by the User to goficure or any other person acting on behalf of goficure or its Partners.
If a User provides any false information that is not true, erroneous, not up-to-date or inadequate (or becomes incorrect, erroneous, not current or incomplete), or goficure has good reason to doubt that the information is false, erroneous, not up-to-date or incomplete, goficure has the authority to cease the Services to the User at its sole discretion.
goficure and its Partners may use such data gathered from users periodically to restore or troubleshoot issues related to customer support.
goficure may enable services in the present or future where you may be able to talk with goficure , its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you decide to use this option, goficure has the authority to store the records of such exchanges, calls, and conversations in goficure’s or its Partners’ servers. The terms of the Privacy Policy governs how these records are dealt with. goficure and its Partners do not accept responsibility or liability if you decide to use such a facility to converse or connect with Doctors or clinicians or if the facility is not used by you.
The information we store from the customer or end-user, we use it to connect or converse or communicate with them via SMS/email/call.
DISPLAYING CONTENT AND CIRCULATING INFORMATION
goficure gathers directly or indirectly, and presents on the Website, relevant information pertaining to the profile and practice of the Practitioners enumerated on the Website, such as their speciality, qualification, fees, location, visiting hours, and such other details. When we display such information about the Practitioners it shall not be interpreted as advertising or soliciting their services. goficure takes considerable initiatives to make sure that updation of information takes place at frequent intervals. goficure cannot be held responsible for any inconsistencies or incompleteness represented from it, despite considerable endeavour.
goficure and its Partners do not enable or make any demonstration, warranty or guarantee, express or implied about the Website, the Services. goficure and its Partners do not guarantee the exactness or completeness of any content or information provided by Users on the Website. To the fullest extent allowed by law, goficure and its Partners disclaim all liability coming 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 goficure or its Partners or any User in relation to any User or services provided by such User.
The Website may be connected to the website of third parties, affiliates, and business partners. goficure has no authority over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. The addition of any link on the Website does not indicate that goficure approves the linked or associated site. Users may make use of the services and the links at the User’s own risk.
goficure and its Partners do not undertake any responsibility, and shall not be held legally accountable for any destruction caused to User’s equipment or viruses that could infect User’s equipment due to access by User’s, while downloading content be it audio content, video content, test, data, images, or any material from the website. If a User is disappointed with the Website, the User’s only solution is to stop using the Website.
If goficure finds out either through feedback or through other means that you have provided Incorrect, fraudulent, inadequate or false information, goficure reserves the right to immediately discontinue your access to the Website or any of your accounts with goficure and makes such declaration about suspension on the website alongside your name as determined by goficure for the protection of its business and in the interests of Users. You shall be liable to indemnify goficure and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected goficure, its Partners or its Users.
BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
While goficure will take all initiatives to ensure a confirmed appointment with medical service provider (like a doctor or diagnostic lab) for a User who has asked for an appointment on the Website, goficure or its Partners do not assure or guarantee that the User will get a confirmed appointment. Further, goficure and its Partners have no liability incase a confirmed appointment is postponed or cancelled later or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
goficure or its Partners may enable value-added services that link Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used by the Privacy Policy. However, it is completely the user’s discretion to make use of such a service if it is available.
You comprehend and are in agreement that any connections and related issues pertaining to interactions with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold goficure or its Partners responsible for any such interactions and associated issues and goficure will not be held responsible or liable for the same. For the removal of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence goficure and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you take the decision to associate with a medical service provider to enable medical services to you, you do so at your own risk. goficure or its Partners cannot be held responsible or liable for any breach of service or service inadequacy by any medical service provider you interact, connect with using the Website. We advise you to conduct your own enquiry and investigation or receive feedback before choosing a doctor or any other service provider whose availability is displayed on the Website.
Without prejudice to the generality of the above, goficure or its Partners will not be liable for:
any erroneous medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of any of the above;
any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
cancellation or rescheduling of booked appointment or any discrepancy in the fees charged;
any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.
Further, goficure shall not be held responsible under any circumstances for any feedback or comment given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at goficure’s sole decision and may be changed or withdrawn at its sole discretion. goficure may moderate such feedback at any time. goficure is not obligated to act in any manner to give effect to the content of Users’ feedback.
NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE
Some of the content, which includes text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information that is available as a straight response to your queries or posts) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between goficure and you and does not establish an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to help you with finding the right medical care from an authorised and qualified practitioner.
It is hereby specifically clarified that the Information that you acquire or receive from goficure, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is meant only for informational purposes. Under no circumstances shall goficure be responsible to you or anyone else for any decision you made or action taken by you depending completely on such information.
The Services is not meant to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
OWNERSHIP OF CONTENT AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Website are:
User generated content, or
Belong to goficure and its Partners.
The information that is gathered and stored by goficure directly or indirectly from the Users shall belong to goficure and its Partners. Repetition, lifting or copying of the copyrighted content published by goficure or its Partners on the Website for any commercial purpose or to earn profit will be a violation of copyright and goficure and its Partners reserve their rights to take action under applicable law accordingly.
goficure permits the User to browse, and access the content posted on or from the Website only for the purpose of delivering, receiving, ordering sharing, storing and communicating solely in accordance with this agreement. All the contents of the website which includes text, design, website, information, logos, graphics, button icons, images, software code, and the collection, arrangement and assembly of content on the Website (collectively, ‘goficure Content’), are the property of goficure or its Partners and are protected under copyright, trademark and other applicable laws. User is not permitted to change or alter the goficure Content or replicate, display, publicly perform, distribute, or otherwise use the goficure Content in any way for any personal profit, public or commercial purpose.
Users are not permitted to use Services for reasons that pertain to observing their availability, performance or functionality, or for any other competitive reasons.
REVIEWS AND FEEDBACK
When you use this website, it means you are in agreement that any information shared by you with goficure or with any other person, be it a medical service provider or anyone else using the Website, Services will be subject to our Privacy Policy.
You are solely and completely accountable for the content that you decide to submit for publication on the Website, and this includes any reviews, feedback or ratings (“Critical Content”). goficure performs the role of an ‘intermediary’ under the Information Technology Act, 2000 with respect to publishing critical content. Therefore, its position pertaining to such content is limited to its obligations as an ‘intermediary’ under the said Act. goficure is not responsible to offer any consideration to any User for re-publishing any content across any of its or its Partners’ platforms.
You are governed by Clause 9 stated here in pertaining to the publication of reviews and feedback on the Website. Without prejudice to the detailed terms stated in Clause 9, you hereby agree not to post or publish any content on the Website that (a) trespasses any third-party intellectual property, publicity, or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. It is completely and solely the discretion of goficure to decide not to publish your reviews and feedback, if so required by applicable law, and by Clause 5 of these Terms. You are also in agreement that goficure may contact you through telephone, email, SMS, or any other electronic means of communication for:
Requesting feedback about goficure services, Website; and/or
Getting reviews and feedback about any medical service providers on the Website; and/or
Resolution of complaints, information, or queries by medical service providers regarding your Critical Content;
And you have no compunctions providing your complete co-operation further to such communication by goficure.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, goficure hereby communicates to Users that they are not allowed to upload, host, modify, display, update, share, publish, transmit, any information that:
Is not theirs’ and actually belongs to another person and to which the User does not possess any right to;
Is unacceptably damaging, distressing, profane, defamatory, indecent, pornographic, paedophilic, vilifying, intruding into another’s privacy, odious, or racially, ethnically offensive, disapproving, relating or encouraging money laundering or gambling, or otherwise against the law in any manner whatever;
Cause harm to minors in any way;
Oversteps or trespasses any patent, trademark, copyright or other proprietary rights;
Goes against the law for the time being in force;
Cheats or distorts the addressee about the source of such messages or communicates any information, which is unacceptably offensive or intimidating;
Imitate or copy another person;
Holds computer code or software viruses, files or programs intended to interfere, destroy or restrict the functionality of any computer resource;
Is a threat to the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Users are also forbidden from:
Violating or attempting to violate the integrity or security of the Website, any goficure Content
Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by goficure;
Deliberately submitting any incomplete, false or inaccurate information;
Making any unsolicited communications to other Users;
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 goficure Content or other information available from the Website;
Framing or hot linking or deep linking any goficure Content.
goficure or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. goficure is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. goficure shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, goficure has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.
goficure may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. goficure will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
INTELLECTUAL PROPERTY RIGHTS
The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of goficure or its Partners or have been licensed to goficure or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by goficure or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from goficure or its Partners.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from goficure.
DISCLAIMER OF WARRANTIES
All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. goficure and its Partners will not be responsible for the same. Further, goficure and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
The Information does not constitute an invitation or recommendation to take medical services from goficure or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. goficure urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
All information on the Website is provided to you ‘as is’ without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall goficure or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.
LIMITATION OF LIABILITY
The information available on the Website could include inaccuracies or typographic errors. goficure has endeavoured to ensure that all the information on the Website is correct, but goficure neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. goficure makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall goficure or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, goficure shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond goficure’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. goficure shall not be liable to the User for the above damages for more than an amount of INR 1.
INDEMNITY
User agrees to indemnify and hold harmless goficure, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. goficure will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
Subject to the above Paragraph above, the courts at Bangalore shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please use the ‘Contact Us’ form to communicate.
By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can use the ‘Contact Us’ form and we will revert to you.
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the Grievance office, goficure through the ‘Contact Us’ feature on the website.
SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal 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 so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by goficure. Any consent by goficure to, or a waiver by goficure 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.
Contact Clause
The user, by sharing his/her contact number at our website or on call, is authorizing goficure and its representatives to get in touch with the user, receive promotional calls, offer products, and services available in this website. This clause overrides the fact that user is registered under DND or DNC service, and that the user authorizes such calls from goficure and its third party representatives.