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Terms of Use

This website/application (collectively referred as the "Portal") is owned and managed by Curebay Technologies Private Limited and operated by Curebay Pharmacy/Clinics Private Limited (collectively referred as "Company and its subsidiaries") operating under the brand name 'Curebay' (hereinafter referred as "Company", "We", "Us" or "Our").

Your access or use of this Portal, any transactions undertaken, and any services availed through the Portal are governed by the terms of use provided herein (the "Terms"). Alongside, our privacy policy forms an integral part of the Terms. The Terms are intended to create a binding contract between you and Curebay.

You are required to express your consent to these Terms before you access or use the Portal, directly or indirectly through social media portals like Facebook, Twitter, Google+ and other similar social forums (the "Social Media").

We reserve the right to amend the Terms herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Portal, post any update to the Terms would mean your acceptance. If you do not agree to such amendments, you must contact us at support@curebay.com.

PLEASE READ THE TERMS OF USE AND REFERRED POLICIES CAREFULLY BEFORE YOU CONTINUE USING PORTAL IN ANY MANNER. YOUR CONSENT IS REQUIRED TO THESE TERMS OF USE, WHICH UPON CONSENT WILL BE A BINDING CONTRACT BETWEEN YOU AND CUREBAY TECHNOLOGIES PRIVATE LIMITED.

Eligibility of Users

In order to access, use, browse, view or perform any activities on the Portal, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on the Portal, you hereby agree and represent that you are of a legal age and competent to enter into a contract under the Indian Contracts Act, 1872 or you have the permission of your parent and/or guardian to do so.

How to use?

For using the Portal, you will be required to create a unique user id and password. You must ensure that the unique id and password are at all times kept confidential, and not disclosed to any third party without your free consent. We do not allow multiple users to use the same user id and password.

During registration, you will be required to provide the following personal information:

  • Name
  • E-mail address
  • Address
  • Gender
  • Age
  • Phone number
  • User ID and password that you create
  • Payment information if required
  • Other information as relevant or as you may voluntarily provide

You are responsible for all activities that occur through your account and consequence thereof. If there is reason to believe that there is likely to be breach of security or misuse of your account, or breach of your privacy, we have the right to suspend it without any liability for such duration as we deem fit.

Services

The Portal enables you to avail certain services, some of which are provided by the Company and its subsidiaries and some by third parties ("Services"). The Portal provides an intermediary Portal for interaction and commercial transactions between you and third-party service providers in healthcare ecosystem:

  • Online purchase of pharma products offered and sold by third party pharmacies
  • Ordering for and availing diagnostics, testing and laboratory services offered and sold by third party labs/diagnostic centers
  • Online telemedicine consultancy services offered by registered medical practitioners
  • Ordering and availing healthcare services from third party healthcare institutions such as clinics, nursing homes, hospitals
  • Facilitating online payments for availed services through third party payment gateway
  • Hosting of information on third party service providers, health and wellness matters, and other allied aspects for information purposes
  • Facilitating advertisements and promotion of third-party services

You understand and agree that the Company and its subsidiaries is merely providing hosting and intermediary services. We have no control over the accuracy, sufficiency, fitness, professionalism, competency and quality of Services provided by Third Party Service Providers, which at all times be the sole responsibility of the Third Party Service Providers.

Special Terms for Special Services

Online pharma products and allied services

When you avail services of online purchasing of pharmaceutical products, the Portal merely facilitates the transaction by providing hosting services. Items offered for sale and content are made available by the Third Party Service Provider. The Third Party Service Provider is responsible for ensuring that descriptions, advertisements, promotion and any other content is accurate, precise, and not misleading.

Diagnostics, testing and lab services

Sample collection, testing, report generation, managing personal information contained in such reports, providing other related services for diagnostics and testing is controlled and conducted by the Third Party Service Provider such as labs, centers, hospitals, etc.

Online telemedicine and telehealth consultancy

We are not engaged with you in a doctor-patient relationship. We do not provide any telehealth services. Medical experts or healthcare experts who are the Third Party Service Providers in this context are independent professionals, and we do not employ them or engage them as our agents. Telemedicine services are not a substitute for in-person consultation.

Data Protection & Privacy

Your personal information supplied to us while using the Portal or availing the Services shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the Portal.

Payment

Registration on the Portal is free. We may charge a subscription or facilitation fee for use and access of the Portal. Any payment made for availing Services must be in Indian Rupees.

You understand and agree that the payment facility provided on the Portal is not banking or financial service, and Curebay is merely a facilitator to provide an online payment facility for the transaction on the Portal using existing third parties such as authorized banking infrastructure, credit card payment gateway networks, wallets, etc.

User Conduct

You agree that you have reviewed and understood the Terms including the Privacy Policy and refund and return policy and expressly consented to the terms therein. All information provided by you is true, accurate and complete in all aspects. You will not allow any third party to use the Portal or Services in any manner on your behalf.

You shall not use the Portal to use or share any information that:

  • Belongs to another person and to which you do not have any right
  • Is obscene, pornographic, or invasive of another's privacy
  • Is harmful to children
  • Infringes any patent, trademark, copyright or other proprietary rights
  • Deceives or misleads about the origin of the message
  • Impersonates another person
  • Threatens the unity, integrity, defence, security or sovereignty of India
  • Contains software virus or any other malicious code
  • Violates any law for the time being in force

Proprietary Rights and License

All content and materials on the Portal are intended solely for personal, non-commercial use. The Content is provided by us and you acknowledge that we and/or our affiliates and Third Party Service Providers are the sole and absolute owners of any proprietary right in the Content. You shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content except as expressly authorized.

Disclaimer of Warranties

The Services provided on the Portal are provided on "as is" and "as available" basis. We do not make any representation or warranties in respect of the Third Party Service Provider or the intermediary services or the Portal whatsoever.

Limitation of Liability

In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the Portal and/or the Services and/or the Content; unauthorized access to or alteration of your transmissions or data; any non-performance of deficit performance of Services provided by Third Party Service Provider.

Indemnification

You agree to indemnify and hold us and our affiliates, partner organizations, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses asserted against or incurred by us that arise out of any breach or non-performance of any representation, warranty, covenant or agreement made by you pursuant to these Terms.

Termination

We reserve the right to suspend or terminate your access and use of the Portal, or any Service if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms.

Governing Law and Dispute Resolution

The present Terms shall be governed and construed in accordance with the laws of India. All disputes shall be decided by mediation under the aegis of Odisha High Court. If the parties fail to mediate within 3 months, the dispute shall be adjudicated by competent courts in Bhubaneshwar, Odisha, India.

Grievance Redressal Mechanism

In accordance with Information Technology Act 2000 and rules made there under:

Name: Sanjay Kumar Swain
Address: 4th Floor, OCAC Building, Plot No. N-1/7, D, Acharya Vihar, P.O. - RRL, Bhubaneswar, Odisha - 751013
E-mail: governance@curebay.com

Contact Us

If you have any questions about these Terms, please contact us at support@curebay.com or write to us at Curebay, 4th Floor, OCAC Building, Plot No. N-1/7, D, Acharya Vihar, P.O. - RRL, Bhubaneswar, Odisha - 751013.