TERMS & CONDITIONS

vCura Terms of Use

1. WEBSITE TERMS OF USE
   

These Terms of Use describe the terms and conditions that govern your use of this website www.vcura.in (hereinafter referred to as the“Site”), which is owned and/or operated by vCura Wellness Solutions Private Limited (hereinafter referred to as “vCura”).

Please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any of the Site.

• Governing Terms.

1. These Terms of Use, along with any additional terms and conditions that are referenced herein below or that are presented elsewhere on the Site in relation to a specific service or feature (collectively, “Terms of Use”) and the vCura Privacy Policy, set forth the terms and conditions that apply to your use of the vCura.in Site. By using the Site, you agree to comply with all of the terms and conditions described herein. If you do not agree to these Terms of Use, you will be denied access or use of the Site.
2. You will be solely responsible for the purpose of providing data and/or details of yourself as well as your family members entered and updated on the site and vCura shall not be held liable for the same.

• By agreeing to the terms of use, you authorise vCura to update the information provided by you and further authorise vCura to store the health details (Physical, Mental and Emotional Health records) of yourself as well as your family members.

1. You will be authorised to upload your medical records and for which vCura does not take any responsibility of the accuracy of the medical report. Further, vCura only store the medical record and does not provide any kind of medical advice.
2. By agreeing you also wish to avail services provided by vCura.

(B) Changes to Terms of Use. vCura may modify, add, alter or remove the Terms of Use, or any part thereof, at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. vCura may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Contact Information. You may choose to provide personal information in order for vCura to provide you information concerning our services and products and for the purpose of storage of Information. vCura will use the information you provide in accordance with the vCura Privacy Policy. By providing such information you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge.

(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same at your end.

1. Copyright Ownership.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the Indian Intellectual laws. vCura owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of vCura. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

1. Third Party Content.

vCura may provide access to certain content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of vCura. Neither vCura nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Clause E below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the third-party content available through the Site represents the opinions and judgments of the information provider not under contract with vCura. vCura neither endorses nor responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will vCura be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. vCura is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

1. Advertisements and Promotions.

vCura may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than vCura, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. vCura is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

1. Disclaimer of Warranty; Limitation of Liability.

1. The site, applications/services, including all information, surveys, content, material and commentary made available on or through the applications/services, are provided on “as is basis”. vCura does not make any representations or warranties of any kind whatsoever in connection with any information, content, material, commentary, surveys, products or services made available on or through the applications/services, including, but not limited to, any user content. Further, vCura hereby disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. vCura does not warrant that the tools, technology or functions contained in the applications/services or any content, material, commentary, information and/or services contained therein, will be uninterrupted or error free, that defects will be corrected, that the systems or the server(s) that support the applications/services and make the applications/services available will be corrected or that the applications/services and/or the systems and/or the server(s) that support the applications/services are free of viruses or other harmful components. vCura does not provide access or connection to the internet and is not and shall not be responsible or liable for the actions or omissions of third parties that interfere with, limit, restrict or prevent access or connection to, or use of, the applications/services.

1. vCura disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to vCura’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.

You agree to defend, indemnify and hold harmless vCura and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you. vCura reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide vCura with such cooperation as is reasonably requested by vCura.

vCura may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, vCura shall have the right to immediately terminate your access in the event of any such conduct by you which vCura, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of this agreement shall survive termination of these Terms of Use.

vCura own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of vCura.

1. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of vCura and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site from any location other than the India, you accept full responsibility for compliance with all local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

1. Neither vCura nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, Cyber-attack, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, transportation facilities, fuel or energy shortages, or acts or omissions of other common carries.
   

These Terms of Use were last updated on January 10, 2020.

PRIVACY POLICY

Description of the Business.

vCura Wellness Solutions (P) Ltd, a company incorporated under the Companies Act, 2013 (herein after referred to as “vCura”) having its registered office at :- 505/B, Parshvanath Nagar, Nr. ONGC, Chandkheda, Ahmedabad provides services pertaining to digitization of family health records at one central location with easy access to customers, analysis of health issues, proactive guidance to help customer as well as help improve medical service provider’s responsiveness by providing a holistic view of patient medical details via internet and user application. vCura not only serves individuals and their family members but also groups like corporates and schools (at individual level).

This Privacy Policy describes the types of information we collect, how we collect information, how we use the information, how we share or disclose the information, how we store the information, and your choices regarding the use and processing of the information.

Collection of Information

 
vCura collect the following information

1. Personally identifiable information (“PII”) which includes, without limitation, first and last names, email address, telephone number(s) (e.g., home, mobile, and business numbers), and residential address.
2. Financial Information such as Bank Account or Credit Card or Debit Card details for the purpose of facilitating the payment for use of services of vCura.
3. Medical information including but not limited to the Allergy, Medication, Surgery, Consultation, Hospitalization, Vaccinations, Vitals etc.
4. No information is collected through automated means except IP Address.

Mode of Collection of Information.

vCura collect information in following modes: -

1. Information submitted or provided by the customers:-

• Through or in connection with vCura’s website(s) i.e. www.vcura.in, including, without limitation, application in the name of vCura available on Google Store and Apple Store.
• Through or in connection with business meetings with actual or potential customers or clients; and
• Through telephone calls, email communications, and/or other forms of communication.

1. Information collected from Third Parties:-

vCura may collect information, including, without limitation, PII and business contact information, from third parties, including, without limitation, Clinics, Hospitals, social media platforms, and/or industry conference or event organizers or sponsors. We may use the information collected from such third parties for various purposes, including, without limitation, sending you emails or other communications as described herein. In the event you receive such communications you will have the opportunity to opt-out of receiving communications from us.

1. Information collected through automated means:-

• Cookies:-

Cookies are small files that store certain data on a device or computer. vCura may use session and persistent cookies for several purposes including, without limitation, to enable you to use and transverse a website and quality control. Session cookies expire when you close your browser. Persistent cookies remain on your device or computer indefinitely until deleted. A user may disable and/or delete cookies via the user’s browser or otherwise.

• Log Files:-

vCura’s websites may automatically gather and store certain information in log files, including, without limitation, data available from your web browser, including, without limitation, IP Address, browser type, internet service provider, referring/exiting pages, operating system, date/time stamp and click stream data.

Use the Information Collected:-

We may use information, including, without limitation, PII and business contact information, to:

• Provide, administer, and communicate with you for vCura services, promotions, services, events, newsletters, and industry expertise/knowledge including event confirmation;
• Create, supplement, and update vCura’s directory and records for actual and/or potential customers and/or clients;
• Protect against and prevent fraud, claims, liabilities, and to manage risk exposure;
• Respond to inquiries and requests from your side including, but not limited to confirm registration for any event/s;
• Operate, evaluate, conduct and improve vCura’s business including, without limitation, to complete transactions for vCura’s products and/or services, to improve vCura’s current products and/or services, to develop new products and/or services, etc.;
• The information collected shall further be used for sending notifications via Email, SMS, whatsapp, application notification etc for the purpose of reminding about medical attention required by the clients.
• Process and manage opt-out or unsubscribe requests;
• Comply with applicable laws, regulations, codes, and industry standards and practices;
• Sending information regarding special promotion/s and/or offer and further for informing the clients for new features and/or products based on clients preferences.
• Conduct marketing and market research activities including, without limitation,: (a) contacting you to participate in customer satisfaction surveys or questionnaires via telephone, email, or otherwise, and (b) soliciting your opinions or feedback on vCura’s business activities, including, without limitation, current and future products and services;
• Create and send targeted communications to you regarding you or your company’s transactions with vCura and/or the profile for your company;
• Respond to a notice or an order of a court or government institution;
• Establish, exercise, or defend legal claims, including, without limitation, in order to protect the safety of an individual or to protect vCura’s rights and/or property.

Sharing of Information

 
1)         vCura does not sell customer’s information and does not disclose your information, except as described in this Privacy Policy or as otherwise consented to by you.

We may share information, including, without limitation, PII and business contact information, as follows:

• Information with third party who performs services on our behalf including, without limitation, vendors who help us manage online registration process and/or payment process and/or transactional message processor within India.
• To service providers who are performing services on our behalf, whether engaged directly by vCura or engaged by a third party. The service providers are authorized to use and disclose the information only as necessary to perform and provide the services for which they were engaged.
• Within the vCura Wellness Solutions Private Limited and the directors, managers, officers, employees, consultants, and agents of these companies, subject to the terms of this Privacy Policy or as otherwise disclosed to you at the time of the collection of the information or as subsequently consented to by you.
• We may disclose information about you: (i) if we are required to do so pursuant to applicable laws or legal or court process; or (ii) when we believe disclosure is necessary to prevent harm or financial loss, or in connection with an investigation of actual or suspected fraud or illegal activity.
• We also reserve the right to transfer information about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use information you have provided to us in a manner that is consistent with this Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your information with any inquiries concerning the processing of that information.

Storage of Information

 
All information, including, without limitation, PII and business contact information, is stored on AWS servers and systems, located in India, which are licensed, owned, and/or maintained by vCura.

In the event of customer opt-out, then their information is stored on servers and systems for a period of two year from the date of exercising opt-out option.

Security Measures

 
vCura maintains appropriate technical, administrative and physical safeguards to protect information, including, without limitation, PII, received or collected by us. vCura reviews, monitors and evaluates its privacy practices and protection systems on a regular basis. Notwithstanding the foregoing, transmissions over the Internet and/or a mobile network are not one hundred percentage (100%) secure and vCura does not guarantee the security of transmissions. vCura is not responsible for any errors by individuals in submitting PII to vCura.

Opt-out option 

You may opt-out by sending an email unsubscribe@vcura.in and the same shall take minimum of 15 days from the date of receipt of such mail to process the request of client. Opt-out option is solely available for promotional messages only. 

Third Party Sites

If the client clicks on any link of third party websites, clients may be taken to websites which may not be within the control of vCura. This policy shall not be applicable to third party websites and vCura does not take any responsibility for the same.

Grievance Office:-

In accordance with the Information Technology Act, 2000 including the rules framed thereunder, the name and contact details of the Grievance officer is as under:-

vCura Wellness

505, Parshavnath Nagar,

Chandkehda, Ahmedabad 382 424

Email: wellness@vcura.in

Update of Privacy Policy.

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes to vCura’s practices and procedures set forth herein. In the event of any updates or changes to this Privacy Policy, vCura will post a prominent notice on vCura’s website(s) to notify you of any significant changes.

Jurisdiction:-

Any disputes shall be subject to Ahmedabad and courts at Ahmedabad shall have the jurisdiction to decide the disputes and the law applicable shall be law in force in India.