Terms & Conditions

Terms & Conditions

Welcometo EnsureCure mobile application (“Application”). This Applicationis anonline service portal owned and operated byEnsure Cure Health Care Services Private Limited (“EHCPL”), a company incorporated under the Companies Act, 2013, having its registered office at 08, Ground Floor, Kamladeep Apartment, Tagore Nagar, Govindpuri Gwalior, MP- 474011 India.

1. Preamble

EnsureCure is a curated marketplace for products and aesthetic servicesincluding but not limited to treatments and procedures related to dermatology, dentistry, gynecology, ophthalmology with focus on aesthetic solutions(hereinafter referred to as “Services”). We provide a platform for booking appointments with the Clinics enlisted with Us for availing the Services. You agree, understand and acknowledge that the Application is an online platform that enables You to avail Services listed with Us at the price indicated therein at any time from any location. You further agree and acknowledge that EnsureCure is only a facilitator and is not and cannot be a party to or control in any manner any transactions on EnsureCure. Accordingly, the contract of sale of Services on the Application shall be a strictly bipartite contract between You and the experts/doctors/clinics enlisted with Us.Any person visiting, accessingor usingthe Services offered thereinat EnsureCure whether through computer or mobile (hereinafter referred to as “User”/“You”), shall be deemed to haveunconditionally accepted all of the terms, conditions and notices contained in this Terms of Use, Privacy Policy and any other policy/document incorporated by way of reference, including any amendments/ addendums etc.,madefrom time to time by EnsureCure at its sole discretion and posted on the Application portal.

2. Coverage

It is hereby clarified that for the purposes of this Terms of Use, Privacy Policy and any other document and policy incorporated by reference herein, the term “User”/ “You” means any person (natural or legal) who visits, accesses and uses the Application for whatever purposes.EnsureCure intends toenable Users to connect with,and procure services or products from Clinics enlisted with Us.

3. Document

This document is to be treated as an electronic record, within the meaning accorded to it under the Information Technology Act, 2000 (hereinafter referred to as the “IT Act”) and the rules made thereunder as applicable, which may be amended from time to time. This document is published pursuant to the compliance requirementsunder Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IT Intermediaries Guidelines”), which require publishing the rules and regulations, Privacy Policy and user agreement for access or usage of the Application.

4. Acceptance ‘As Is’

4.1. By accepting this Terms of Use, you warrant that you have fully read and understood it without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. This Terms of Use together with our Privacy Policy as provided on the Application (“Privacy Policy”) govern your usage of the Application. If you disagree with any part of this Terms of Use, please do not use the Application.

4.2. By visiting, accessing, using or registering on this EnsureCure, Youunconditionally accept to be bound by the Terms of Use, Privacy Policy, and any other document/policy incorporated by reference provided herein as provided on the Application, which together govern your access and usage of the Application. You authorise the transfer of payment requested in accordance with the terms contained herein.You agree and confirm that the Terms of Use may be amended from time to time without prior notice. Please ensure that You periodically update yourself with the current version of the Terms of Use. Your continued access of the Application whether automated or otherwise, will signify your unconditional consent to and acceptance of the Terms of Use including any modifications made from time to time, if any. If You disagree with any part of this Terms of Use (including any modifications made from time to time), please do not use the Application; and/or discontinue viewing or using this Application immediately.

4.3.EnsureCure and/or its employees thereof accept no responsibility for any legal or financial consequences or outcomes related to information, advice or recommendation provided vide the Application and the consultancy or treatment provided by the enlisted professionals.The information available on the Application is being provided on an ‘As Is Basis’.

4.4. Any information of the experts/ doctors/ clinic provided by Us or advice provided by the experts/doctors enlisted with Us should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment or avail Services.

4.5. It is not EnsureCure’s responsibility to ensure that your use of the Application complies with all local laws applicable within your country.Further, by using this Application and/or submitting information including any personally identifiable information on the Application, You hereby expressly consent to the transfer of such data to India, and to the processing of such data on EnsureCure’sIndian servers, where your data will be governed by laws applicable within India that may provide a level of data protection and entail other compliances different from your country.

4.6. You agree and acknowledge that unless expressly stated in writing on the Application, nothing contained therein shall constitute an offer or promise to deliver any products and/or services byEnsureCure.

5. Intended for people above eighteen (18) years of age

5.1. The Application is intended for use by individuals eighteen(18) years of age or older. This Application is not directed for use by individuals under the specified age. Users under the said age should get the assistance of a parent or guardian to use this Application.

5.2. Users who can form legally binding contracts under the Indian Contract Act, 1872 and are willing to agree and abide by the Terms of Use mentioned hereunder, including the Privacy Policy are entitled to use this Application. Persons who are "incompetent to contract" as per Indian Laws, more particularly the Indian Contract Act, 1872 and not willing to agree or abide by this Terms of Use are not eligible to use the Application.

6. Access to EnsureCure.com

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

7. Registration

7.1. You understand and acknowledge that You can register on the Application only after entering your registration data.

7.2. This registration may be free of charge or for a charge, depending upon the functions or features accessed on the Application, which would be notified from time to time.

7.3. When You registerYou must providerelevant information such asname, official/residential address, a unique, valid, current and verifiable e-mail address, choose password,and phone number, and any other detail that may be required by EnsureCure. In addition, You may also be required to provide an OTP (one time password), or follow any other similar authentication processes as may be deemed necessary by EnsureCure from time to time.

7.4.On every subsequent use of the Application after registration, You will be required to enter a UserId and a password.

7.5. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account that are due to your conduct, inaction, or negligence.

7.6. By registering on the Application, You represent that You will submit information, which is truthful and accurate, and will update your registration information to keep it accurate and current. We may cancel your registration or terminate your account without notice at our sole discretion, in the event we believe that You have not provided accurate or truthful information or that You are not complying with applicable laws, rules and regulations.You hereby expressly agree and acknowledge that EnsureCure shall not be liable for any direct and/or indirect damage caused by any unauthorized use of your account.

7.7. It is your responsibility to check to ensure that You download the correct application for your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service or Application with an incompatible or unauthorized device.

7.8.If You become aware of any suspicious or unauthorized conduct concerning your account, You agree to contact us immediately by e-mail at support@EnsureCure.com. We may, at our own discretion, bar registration from any specific e-mail service or Internet Service Provider or phone number with or without any prior notice.

8. Term

This Terms of Use shall commence from the date on which You first visit and access the Applicationand shall continue unless terminated earlier in accordance with the terms contained herein (“the Term”).

9. Obligationof Users

9.1. A User shall not:

  • a) Purchase any product or use any Service provided by an enlisted expert/doctor/clinic without making the appropriate payment as may be specified by EnsureCure from time to time;
  • b) notuse the Applicationwith the intention of disrupting EnsureCure; and
  • c) not violate the terms contained herein.

9.2. In addition to the above, User shall ensure that all fees due and payableunder this Terms of Use are to be paid promptly and without any delay. In the event User violates any of the above-referenced rules,EnsureCureat its sole discretion, may take any of the following actions:

  • a) deny access to the Application:
  • b) suspend or terminate the account of the User; and/or
  • c) take any other appropriate action as it may deem fit in accordance with the terms contained herein.

10.Request for Information and Services

10.1. You may seek information in relation to Services offered by an expert/doctor/clinic enlisted with Usfrom time to time.

10.2. Any request so made to EnsureCure will permit it to deliver information and/or proposals to You via the Application, telephone email, mail, facsimile transmission, or any other means.You agree that in the event You have provided your telephone number, this shall constitute an express written request that authorizes EnsureCure to contact You via telephone, even if your telephone number is listed on a Do Not Call registry maintained under applicable law.

11. Limited License

EnsureCure subject to the compliance by Users of this Terms of Use, hereby grants You a limited,non-transferable, non-exclusive, revocable license to use the Application and Services related theretoand in particular: (a) access and use the Application and information contained therein to connect with experts/doctors/clinics enlisted with Uswho provide related services;(b) avail Services; and (c) avail services provided by the experts/doctors/clinics enlisted with Us in accordance with the terms contained herein and separate agreement(s)that may be executed between them and the User, if any.

12. UserContent Policy

12.1. Any information on this Application, including but not limited to personal information of any User, posts, videos, profile, conversation, text, discussion, graphics, live chat, emails, phone support, advice, estimates, recommendations or other materials submitted, hosted, shared, uploaded, downloaded, viewed, and/or accessed by a User or Application, (hereinafter referred to as “Content”), shall be in accordance with the terms contained herein.

12.2. Nothing transmitted to or from this Application constitutes the establishment of a doctor-patient relationship between You and EHCPL. The Application is not intended to prescribe medicine and diagnose a medical condition. The Application is only created to act as an interphase between the Users and enlisted professionals for availing Services. The Application is not intended to be used to treat a medical emergency or medical condition. The Application is not intended to be used to advise or resolve legal, medical or financial issues. For any medical emergency, immediately contact the emergency number in your country.

12.3. EnsureCure does not regularly review the questions, answers and public forum posts on the Application and the views expressed therein are those of the individuals who post the content and do not necessarily reflect those of EnsureCure, its owners, managers, directors, employees, agents, partners, advertisers or affiliates.

12.4. EnsureCureassumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Application or in the posts. All advice and/or information obtained directly or indirectly from the Application are at your own risk.

12.5. The Application may include a variety of features, such as discussion forums, blogs, photo-and video-sharing pages, e-mail services and social networking features that allow feedback to Us and allow users to interact with each other on the Application or to post Content and materials for display on the Application. The Application also may include other features, such as personalized home pages and e-mail services that allow users to communicate with third parties. By accessing and using any such features, the User represents and agrees that:

  • 12.5.1. the User is the owner of any materials posted or submitted or is posting or submitting such materials with the express consent of the owner of the materials; and
  • 12.5.2. the User will indemnify and hold harmless EHCPL, its affiliates and each of its respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Application by the User or by others using his username and password.

12.6. EnsureCuremakesit expressly clear that the advice, discussion or any of the Contents which may be construed as an opinion/advice rendered by the User of the Application or by an enlisted professional is solely his/her opinion and shall not be construed to be an opinion of the Application. EnsureCurewould not be liable for any loss or damage caused by such advice, discussion or any of the Contents posted by any User on the Application to any User or third party.

13. Restrictions onApplication Use

13.1. The Usersagree that they and the Contents they share shall, at all times be governed by applicable lawsand, in particular shall be in accordance with to the IT Intermediaries Guidelines such that they shall not:

  • 13.1.1. host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that belongs to another person;
  • 13.1.2. post or submit any Content, which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • 13.1.3. submit any Content on the Application, which is unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or such content which may be harmful to minors;
  • 13.1.4. infringe any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • 13.1.5. violate any applicable law for the time being in force;
  • 13.1.6. deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
  • 13.1.7. impersonate another person;
  • 13.1.8. upload content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
  • 13.1.9. threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

13.2. The User shall not link directly or indirectly to or include descriptions of items, posting of Contents or Services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to The Drugs and Cosmetics Act, 1940, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, The Indian Penal Code, 1860, IT Act as amended from time to time and rules there under.

13.3. The User shall at all times ensure full compliance with the applicable provisions of the IT Act and rules there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service.

13.4. Notwithstanding the statutory duty cast above upon the Users, the Users also, and without prejudice to duties cast by any statute for the time being in force, shall not use the Applicationfor:

  • 13.4.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • 13.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • 13.4.3. Gaining unauthorized access to other computer/network systems;
  • 13.4.4. Interfering with any other person’s use of enjoyment of the Application;
  • 13.4.5. Interfering or disrupting networks or Applications connected to the Application;
  • 13.4.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
  • 13.4.7. Violating or attempting to violate the integrity or security of the Application or its Contents;
  • 13.4.8. Transmitting any information (including posts, messages and hyperlinks) on or through the Application that is disrupting or competitive to the provision of Services by us;
  • 13.4.9. Intentionally submitting on the Application any incomplete, false or inaccurate information;
  • 13.4.10. Making any unsolicited communications to other Users of the Application;
  • 13.4.11. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
  • 13.4.12. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
  • 13.4.13. Copying or duplicating in any manner any of the Content on the Application or other information available from the Application;
  • 13.4.14. Framing or hot linking or deep linking any Content on the Application;
  • 13.4.15. Gaining unauthorized access to the Application, or any account, computer system, or network connected to the Application, by means such as hacking, password mining or other illicit means;
  • 13.4.16. Repeatedly posting the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and
  • 13.4.17. Gathering for marketing purposes any e-mail addresses or other personal information that has been posted by Users.

14. Content Rights

14.1. You agree that by posting, hosting, sharing, submitting or displaying Content on or through the Application, You grant EnsureCure (and its successors and permitted assigns) a worldwide, perpetual, non-exclusive, royalty-free license (with the right to multiple tiers of sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, and its derivative works or a part thereof, anywhere in any and all media or distribution methods (now known or later developed)in any manner, in any medium, for any purpose.

14.2. You also agree and acknowledge that You hereby grant each User of the Application, a non-exclusive license to access your Content through the Application, to reproduce, distribute, prepare derivate works of, display and perform such Content as permitted by the functionality of the Application and under this Terms of Use.

14.3. Subject to applicable laws, and other terms contained herein and the Privacy Policy, You also agree and acknowledge that irrespective of whether the Content is posted on the Application and is viewed and accessed by Users, EnsureCure does not guarantee security and confidentiality with respect to such Content. EnsureCure shall have no liability whatsoever arising out or in connection to any act or omission by You relying upon such Content.

14.4. EnsureCurereserves the right, in its sole discretion, but it is not obligated, to delete, modify/change/alter any of the Content as it deems necessary including any content that may be posted by any User that violate this Terms of Use, or for any other reason. EnsureCure is not required to give any notice prior to such removal or deletion.

14.5. Notwithstanding the foregoing, it is expressly clarified that You shall be solely responsible for any Content that Youprovide or upload while accessing the Application including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other Content that You upload, transmit or store when using the Application.