Terms and Conditions


GENERAL TERMS

Following are the general terms and conditions (“General Terms”) for availing of the Services by you provided by [Care2Cure Private Limited (“C2C”)].

1. You must be at least 18 years of age and possess the legal right and capacity to enter into a contract.

2. C2C provides access to the Services through its website www.easemyhealth.com (the “Website”). Services provided by C2C can be availed by you only upon acceptance of these General Terms and the specific terms applicable to the relevant Service.

3. You may be required to register as a “user” to avail of certain Services. C2C will not be responsible to provide such Services unless you register yourself in accordance with the instructions provided on the Website for availing such Services by providing all the relevant information as may be requested.

4. You shall be deemed to have read, understood and expressly accepted the General Terms and specific terms applicable to the various Services and the General Terms and the specific terms, which shall govern the provision of Services by C2C, and shall be binding obligations.

5. You agree and acknowledge that C2C only acts as an intermediary between you/ the beneficiary of the Services and the doctors/ consultants (“Medical Professionals”) and/ or hospitals/ nursing homes (“Medical Organisations”). There exists no principal - agent or employer - employee relationship between C2C and any Medical Professional or Medical Organisation.

6. You have the sole discretion to visit, subscribe to or avail of the services provided by any Medical Professional/ Medical Organisation.

. Services provided by the Medical Professionals/ Medical Organisations are private, independent transactions settled between you and such Medical Professionals/ Medical Organisation. C2C does not control/ operate/ own any Medical Professional/ Medical Organisation, neither does it operate or control any facility or services provided by any Medical Professional/ Medical Organisation.

8. Each Medical Professional/ Medical Organisation shall be solely responsible for the services provided by such Medical Professional/ Medical Organisation including surgical, medical, wellness and all related opinions and complications.

9. C2C does not in any manner recommend or advocate the authenticity/ credibility/ quality of the services provided by any Medical Professional/ Medical Organisation.

10. C2C or any of its agents, employees, servants or assigns shall not be liable for any direct or indirect, willful or otherwise, act, omission, deficiency, negligence, misconduct, fraud on the part of any Medical Professional/ Medical Organisation nor will C2C or any of its agents, employees, servants or assigns have any liability whatsoever in case of any third party claims, demands, suits, actions or other proceedings initiated in relation to services provided by any Medical Professional/ Medical Organisation or any person engaged by such Medical Prefessional/ Medical Organisation.

11. You are solely responsible for your own communications and the consequences of posting communications in portions of the Website reserved for interactions (“Interactive Area”). C2C assumes no responsibility/ liability for the consequences of any Interactive Area communications.

12. You shall not:

  • use an Interactive Area for any purpose in violation of local, state, national, or international laws;
  • post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity as determined by C2C at its sole discretion;
  • post advertisements or solicitations of business;
  • after receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
  • post chain letters or pyramid schemes;
  • impersonate another person;
  • allow any other person or entity to use your identification to post or views or comments.
  • post spam; or
  • engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgement of C2C, exposes C2C or any of its clients to any liability or detriment of any type.

13.The Website is owned, hosted and maintained by C2C. The information provided on the Website (including but not limited to live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. The interactive responses furnished by or through, this Website are not intended to or implied to be professional medical advice. Consult your own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition.

14.Any information provided by you to C2C shall be true and accurate and you undertake to immediately inform C2C of any change in truth or accuracy of the information provided to C2C which if not informed shall cause the information provided to C2C to be untrue, inaccurate or misleading. C2C shall not be liable for any loss suffered by you which result, directly or indirectly, from your failure to provide us true and accurate information or failure to immediately inform us of any change in the accuracy or truth of the information already provided.

15. C2C does not guarantee that the Website will be available at all times. You understand that C2C cannot and does not guarantee or warrant that the Website and its contents, and any records created by you, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that it will be available to you at any time.

16. You grant C2C and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store and use your information in connection with the operation of your records. You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining a means external to the Website for the reconstruction of lost data.

17. C2C reserves the right (but is not obligated to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the General Terms or any specific terms of use of Services, if requires in the course of normal operation and maintenance of the Website or required to do so by law or in the good faith belief that such is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of C2C others.

18. You agree to defend, indemnify and hold C2C, its officers, directors, employees, agents, licensors etc., harmless from and against any claim, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, or the Interactive Areas in a manner that violates or is alleged to violate these General Terms or specific terms of use of various services. C2C shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably co-operate with you, at your expense, in your defence of any such claim, suit or proceeding.

19. C2C controls the Website from its offices in Mumbai, India. You agree that any legal action, proceeding or other matters relating to your access to or use of the Website shall be governed by Indian law, as amended from time to time. You should not use this Website in violation of any applicable laws and regulations in your jurisdiction. In the event of any legal action arising hereunder, you also agree to submit to the exclusive jurisdiction of courts in Mumbai, India. C2C may revise these General Terms or any specific terms of use of services at any time by updating this posting. You should visit this page from time to time to review the then-current General Terms or specific terms of use of services because they are binding on you. Certain provisions of these General Terms or specific terms of use of services may be superseded by expressly designated legal notices or terms located on particular pages on this Website.

20. Any notice given to C2C will be by conventional mail. Notices to C2C by conventional mail must be sent to Care2Cure Health services Pvt. Ltd. 322, Sagar, Prabhat Industrial Complex, Near Toll Naka, W.E.Highway, Dahisar (East), Mumbai 400068. In any matter requiring C2C’s prior consent, such consent will be considered given only if sent by conventional mail and signed by an authorised representative of C2C.

21. Each of the provisions and restrictions as set out in these General Terms or any specific terms of use of services is separate and distinct and is to be construed separately from the other restrictions. if any such restriction shall be found to be void or unenforceable, but would be valid or enforceable if some part of it were deleted or the period or area of application reduced, the Parties agree that such restriction shall apply with such modifications as may be necessary to make it valid. If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate the remaining provisions of this Agreement.

22. The Company reserves the right to change/modify/alter/reduce/modify the services offered and do all amendments in its terms and conditions as it deem fit at its discretion from time to time. Any changes to the scope of services or the terms and conditions shall be intimated to a subscriber/ registered user at least 7 days prior to the change. If you are not a subscriber/ registered user you must keep yourself updated of any changes to the scope of services and/ or the terms and conditions.

23. C2C may require your e-mail address or other personal information such as your name, age, sex, health information, various habits and information for your profile for providing various services. Providing us with this personal and identifiable information is optional. However, in some cases it may not be possible for us to provide the service in question without receiving specific information from you.

24. Your personal data may in some situations be seen by third parties, such as Medical Professionals or operations and maintenance contractors repairing and maintaining our technical systems. C2C does not have non-disclosure agreements with these third parties who may be able to access your information.

25. C2C may use the aggregate information to study statistical results and produce summary reports. Such information may be shared with C2C partners and advertisers under the sole discretion of C2C. C2C will also disclose the information received from you if required by applicable law or under instructions from any governmental or regulatory authority.

26. Any information you reveal, including personally identifiable information in a public forum such as in a discussion forum or review, is not subject to privacy and can be seen by third parties unrelated to C2C. It is therefore important that you carefully consider what information you disclose in these areas.

27. C2C’s Website contains links to other sites. Please observe that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website collecting personally identifiable information.

28. C2C will be sending emails at the email ids provided by you and we will be making calls on the phone numbers provided by you. In case you have given a wrong email id or phone number for correspondence, in that case C2C will not be responsible for the information loss or privacy loss due to the message going to an unknown destination.

29. C2C shall not be liable for any non-performance, loss, damage, or delay due to war, riots, fire, flood, strikes, governmental acts such as, but not limited, to trade restrictions including embargoes, acts of God, acts of the Users or other causes beyond the reasonable control of C2C (“Force Majure”). In the event of delay in performance due to any such cause, the date or time for providing the services will be extended to reflect the length of time lost by reason of such delay or such other period of time as agreed between you and C2C. Payment obligations shall not be affected by Force Majeure events.

30. In case of cancellations, C2C shall refund the in the following manner:

  • if the cancellation takes place before any appointments and bookings have taken place - 90% of the fees shall be refunded
  • if case the cancellation is at a stage where any booking or appointments have been confirmed – 50% of the fees shall be refunded
  • if the cancellation takes place after all appointments and bookings have taken place - No refund shall be made.

SPECIFIC TERMS FOR HEALTH TOURISM

Following are the specific terms and conditions applicable to health tourism services offered by C2C (“Health Tourism T&Cs”).

1. The Health Tourism T&C’s are in addition to the General Terms. In case of any conflict between the General Terms and the Health Tourism T&Cs, the Health Tourism T&Cs shall prevail to the extent of the conflict.

2. C2C is an organizer and facilitator for health tourism providing customized healthcare services including medical treatment, accommodation arrangements, nursing and physician referral services for medical tourists and does not control or operate any hospital, hotel or any other service provider and has no control on the service provided by the hospital, hotel or any other service provider.

3. The patient or his/her family members/ relatives/ escorts/ friends (“User”) making the booking on behalf of the patient must read carefully the Health Tourism T&Cs and the General Terms before availing of the services.

4. The User read and sign the Health Tourism T&Cs. The signing of the Health Tourism T&C’s by the User, and the patient in case the User is not the patient, shall mean acceptance in totality of the Health Tourism T&C’s. The signed Health Tourism T&C’s shall be binding on the User and the patient, in case the User in not the patient and shall constitute a contract between C2C and the User.

5. C2C does not control or operate any Medical Organisations, neither does it operate or control any facility or service provided by the Medical Organisations. The User hereby acknowledges that any reliance upon any materials shall be at his/ her sole risk. The choice of doctor, hospital or Medical Organisation depends solely on the User’s judgment.

6. Any emergency, complication or medical requirement, of whatsoever nature, arising with regard to the patient’s treatment due to the patient’s present or past illness or the side effects/ allergy of/ to drugs or lack of adequate treatment, pre, during or post treatment will be the absolute responsibility of the Medical Organisation and/ or the treating Medical Professional, as the case may be, and C2C shall not be responsible for the same.

7. If the User has any complaint in respect of the services rendered by the Medical Organisation, he/ she should forward such complaints directly to the Medical Organisation without any recourse to C2C.

8. The User may choose any tour/ travel services such as accommodation booking/ air and or train tickets, translator services to be combined with the health tourism services. Services provided by such third party service providers shall be subject to the terms and conditions of services provided by them. You must expressly agree to such terms and conditions before availing of the services from such third party service providers.

9. Failure to provide services by third party service providers, or any act or omission on the part of such third party service providers shall not be the responsibility of C2C and C2C shall not be liable for any loss/ damage suffered by the User resulting from any act, omission, negligence, deficiency of services provided by such third party service providers.

10. The User must indemnify and hold C2C, its directors, subsidiaries, affiliates, officers, agents, employees and other partners harmless from any loss, liability, claim or demand, including reasonable attorney fees made by any third party due to or arising out of your use of the service in violation of these terms and conditions.

11. C2C shall not be responsible for signing any documents, including any undertaking on behalf of the patient or the patient’s family members/ relatives/ escorts/ friends in relation to the medical services to be provided by any Medical Organization/ Medical Professional.

12. C2C shall not be responsible for making payments on behalf of the User. In the event the Medical Professional/ Medical Organisation or any third party service provider is unable to provide services due to non payment/ delayed payment of fees/ charges by the User, C2C shall have no liability for non- performance by the third party service provider.

13. In the event you wish to cancel/ reschedule appointments with Medical Professionals/ Medical Organisations or cancel your reservations made through any third party service provider, you must inform us at least [14] days prior to the scheduled appointment or the reservations, or such longer period as prescribed at the time of obtaining the appointment or making the reservation. Any cancellation/ rescheduling fees shall be to your account and C2C shall in no event be liable to make such payments.


SPECIFIC TERMS FOR ELDERLY CARE

Following are the specific terms and conditions applicable to elderly care services offered by C2C (“Elderly Care T&Cs”).

1. The Elderly Care T&C’s are in addition to the General Terms. In case of any conflict between the General Terms and the Elderly Care T&Cs, the Elderly Care T&Cs shall prevail to the extent of the conflict.

2. Upon acceptance of the Elderly Care T&Cs and the General Terms and payment of the requisite feed by the subscriber (“Subscriber”), C2C shall assign a health manager for the elderly user (“Beneficiary”). The health manager will visit the Beneficiary at the address provided by the Subscriber at the time of subscribing to the services within 5 working days of the Subscriber registering on the Website and making the payment. The Beneficiary will be required to sign the consent letter available on the Website and C2C shall be obliged the provide services only after the Beneficiary has signed the consent letter. In case you have subscribed to the Emergency Response Service plan, there will be a lead time of 10 working days to activate these services.

3. The Subscriber/ Beneficiary must read carefully the Elderly Care T&Cs and the General Terms before availing of the services.

4. The service is currently available in Mumbai, Navi Mumbai and Thane. The Beneficiary can avail the services of the elderly care package only in the city selected at the time of the purchase and is not allowed to avail the services under the plan at any other city

5. The Beneficiary will have to avail the benefits of the plan like Health Check up and Doctor/Specialist consultations included in the plan within a stipulated timeline per the availability of the doctor/specialist. In case of inability to attend in person, the health manager will try and schedule a tele consultation based on availability of the Doctor.

6. C2C shall be responsible for providing the following services to the Elderly User through the health manager:

  • The health manager shall visit the Beneficiary once in a month at the address mentioned by the Subscriber and carry out elementary wellness check ups (Blood pressure, instant sugar check, pulse, etc.). The health manager will also call the Beneficiary once every week for a general wellness check and any follow-up on the home visit;
  • the reports of the check ups shall be provided to the Subscriber on the email id provided by the Subscriber;
  • if in the opinion of the health manager the Beneficiary is required to visit any Medical Professional/ Medical Organisation for treatment or diagnosis, the health manager shall advise such visits to the Beneficiary and shall take prior appointment and coordinate with the Elderly User for his/her visit to the Medical Professional/ Medical Organisation;
  • the health manager shall endeavour to arrange for ambulance in case of emergency if so requested by the Subscriber/ Elderly User;

7. The Subscriber/Beneficiary shall be responsible for providing true and accurate information at the time of registering for the service. The Subscriber/ Beneficiary acknowledged that C2C/ health manager can only make suggestions and shall not be responsible for the Beneficiary acting on the suggestions made by C2C or any Medical Professional/ Medical Organisation.

8. C2C does not control or operate any Medical Organisations, neither does it operate or control any facility or service provided by the Medical Organisations. The Subscriber hereby acknowledges that any reliance upon any materials shall be at his/ her sole risk. The choice of doctor, hospital or Medical Organisation depends solely on the User’s judgment.

9. C2C shall not be responsible for signing any documents, including any undertaking on behalf of the Beneficiary in relation to the medical services to be provided by any Medical Organization/ Medical Professional. Any such documents/ undertaking should be signed by the emergency contact person named by the Subscriber.

10. The Subscriber/ Beneficiary must indemnify and hold C2C, its directors, subsidiaries, affiliates, officers, agents, employees and other partners harmless from any loss, liability, claim or demand, including reasonable attorney fees made by any third party due to or arising out of your use of the service in violation of these terms and conditions.

11.Failure to provide services by third party service providers, or any act or omission on the part of such third party service providers shall not be the responsibility of C2C and C2C shall not be liable for any loss/ damage suffered by the Subscriber/ Beneficiary resulting from any act, omission, negligence, deficiency of services provided by such third party service providers.

12. C2C shall not be responsible for making payments on behalf of the Subscriber/ Beneficiary. In the event the Medical Professional/ Medical Organisation or any third party service provider is unable to provide services due to non payment/ delayed payment of fees/ charges by the Subscriber/ Elderly User, C2C shall have no liability for non- performance by the third party service provider.

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