Terms & Conditions and Privacy Policy

This agreement sets forth the terms and conditions that apply to the access and use of the website which is owned and operated by Addval Solutions Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, (hereinafter collectively be referred to as “Company” or “kulcare”). It also describes the manner in which the account of a registered User shall be treated. In case of any query with regard to any part of the Agreement, contact us at [email protected].

This agreement being an electronic record does not require any physical or digital signatures. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000,
  • the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “RSPPSPI Rules”),
  1. the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and
  2. the rules, regulations, guidelines and clarifications framed thereunder.

 

  1. DEFINITIONS
    • “Terms” refers to Terms and conditions contained in this agreement.
    • “Privacy policy” refers to Policy with regard to collection, reception, storage and handling of User information including personal information and sensitive personal data or information.
    • “Agreement” – The Terms and Privacy policy together constitute Agreement between the User and kulcare
    • “Personal Information” and “Sensitive Personal data or Information” will have same meaning as defined in The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
    • “User” / “You” refers to practitioners, patients/End-users and other users
    • “Practitioner” means a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions.
    • “End-User” refers to a patient, his/her representatives or affiliates, searching for Practitioners through the Website
    • “Services” refers to all the services made available/offered free of charge by kulcare on its website to all the users and enumerated in clause 2.4
    • “Website” refers to the site “www.kulcare.com” and its Mobile Application named as “kulcare for doctors”
    • Patient-No-Show (P.N.S.) is an instance where a User, who booked an appointment on the website, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same.

 

  1. NATURE AND APPLICABILITY OF TERMS

 

  • Please carefully read these Terms and the Privacy Policy available at https://kulcare.com/terms-n-conditions. These Terms and Privacy Policy together constitute a legal agreement between User and kulcare. By downloading or accessing or using this internet based platform, User agrees to be bound by the terms and privacy policy described herein and all terms incorporated by reference. User acknowledges to be bound by this Agreement for availing any of the Services offered by us. If any or all of these terms, and privacy policy are not agreeable, the User is advised not use this internet based platform.
  • kulcare reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the User in writing. Users are advised to read the Agreement at regular intervals and review the updated terms. Use of the Website following any such modification constitutes User’s agreement to follow and be bound by the Agreement so modified.
  • Persons to whom this Agreement applies: This agreement applies to:
    • A medical practitioner or health care provider
    • A patient and
    • Other user.

 

  • Services to which the Agreement applies:
    • This agreement applies to all the services made available/offered free of charge by kulcare on its website to all the users and includes the following services:
  1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  2. For other users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by kulcare, and (iii) to make appointments with Practitioners.
  • The Services may change from time to time, at the sole discretion of kulcare, and the Agreement will apply to User’s visit to and use of the Website to avail the Service, as well as to all information provided by the User on the Website at any given point in time.
  • No doctor-patient relationship:- The service provided by kulcare do not form a Doctor-Patient relationship between an End-User and kulcare. The information on the website ought not to be relied upon as a substitute for sound medical advice, evaluation or care from Your physician or other qualified healthcare provider.
  1. The practitioners listed on the website share an independent relationship with kulcare governed by separate agreement. Therefore, the kulcare shall not be liable (directly or vicariously) for any advice or medical consultancy or any loss arising therefrom that the Practitioners may provide to You or You may avail as part of the Services.

 

  1. ELIGIBILITY
    • User 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, User represents and warrants to kulcare that he/she is 18 years of age or older, and has the right, authority and capacity to use the Website and the Services available through the Website, and agrees to abide by this Agreement.
    • For the purposes of availing the Services and/or transacting with the Practitioners through the Website, Users are required to obtain registration, in accordance with the procedure established by kulcare in this regard. As part of the registration process, kulcare may collect the following personal information and sensitive personal information from the User:
  1. Name;
  2. User ID;
  • Email address;
  1. Address (including country and ZIP/ postal code);
  2. Gender;
  3. Age;
  • Phone number;
  • Your and Your family’ medical history;
  1. Any other information
  • The registration on or use/ access of the Website is available only to natural persons. Those persons who are ‘incompetent to contract’ under the Contract Act, that is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
  • A registered ID can only be utilized by the person whose details have been provided. Multiple persons are not permitted to use/share a single log in/ registration ID. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

 

  1. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause are applicable only to Users other than Practitioners.

 

  • END-USER ACCOUNT AND PRIVACY
    • A User’s information is collected at the time of registration and in the course of use of services provided by the website. The information is collected and utilized in terms of the privacy policy and in accordance with RSPPSPI Rules.
    • User undertakes to provide accurate, up-to-date and complete information at the time of registration and while using the services provided by the website and also promptly update such information. kulcare shall not be responsible in any manner for the authenticity of the information supplied to it by the User.
    • If a User provides any information that is inaccurate, untrue, incomplete or not up-to-date or fails to update the information promptly or kulcare has reasonable grounds to believe that such information is inaccurate, untrue, incomplete or not recent, then kulcare is entitled to discontinue the services to the User.
    • A registered User is required to maintain confidentiality and security of the User’s account access information such as username and password. Any unauthorized access of the User’s account shall be deemed to be caused due to User’s negligence. kulcare shall not be responsible for any unauthorised access/use of the User’s account or any loss caused due to such unauthorized access/use. However, the User may be held liable for any losses caused to kulcare or any other party because of unauthorized use of the User’s account. In case of any unauthorized access of the User’s account, the User shall immediately notify kulcare, so as to minimise the loss or harm.
    • kulcare is allowed to have access to registered Users’ personal email or phone number, for the purposes of communication and for obtaining feedback with respect to the Practitioners and their practice.
    • kulcare may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

 

  • If a User chooses to call any Practitioner through a free telephony service provided by kulcare, the records of such calls are recorded and stored in kulcare’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by kulcare for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by kulcare should be used only for appointment and booking purposes, and not for consultation on health-related issues. kulcare accepts no liability if the call facility is not used in accordance with the foregoing. kulcare may also choose to not to allow use of this facility and show the practitioner’s direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, kulcare reserves the right to not provide the Services for which such personal information is sought.

 

  • CONTENT AND INFORMATION ON THE WEBSITE
    • The information regarding the practitioners which includes their profile, qualifications, specializations, location, visiting hours and other such relevant information is collected and published on the website by kulcare after due diligence. Such information is regularly updated to ensure its correctness and relevance. Despite such reasonable efforts, if any information is found to be incomplete or inaccurate, kulcare cannot be held liable for the same.
    • The website may provide links to third party (including affiliates and business partners) websites over which kulcare exercises no control. Consequently, kulcare shall not responsible for content, accuracy, validity, reliability, quality of such websites. Mere inclusion of external links on the website does not mean that kulcare endorses the linked website and therefore, User may use the linked website at User’s own risk.
    • User agrees that any content including feedback submitted by the User shall not be false, misleading, fraudulent, deceptive, defamatory, or violate privacy of another person or provisions of Information Technology Act, 2000, Rules framed thereunder or Intellectual Property Rights or other legal rights.
    • If it comes to the knowledge of kulcare that a User has provided fraudulent, inaccurate, or incomplete information, or the information is not in accordance with clause 4.2.3., kulcare reserves the right to immediately suspend the User’s access to the Website or the User’s account with kulcare or remove the content from the website. Keeping in view its business interest and that of other Users, kulcare would make a declaration on the website alongside User’s name as determined by kulcare. User shall be liable to indemnify kulcare for any losses incurred as a result of User’s misrepresentations or fraudulent feedback that has adversely affected kulcare or its other Users.

 

 

  • DISCLAIMER
    • The Services provided by kulcare or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied). kulcare does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. kulcare does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, kulcare disclaims all liability arising 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 kulcare or any User in relation to any User or services provided by such User.
    • kulcare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    • Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between kulcare and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
    • It is hereby expressly clarified that, the Information that you obtain or receive from kulcare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
    • The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or on another person’s behalf), please contact an ambulance service or hospital directly.

 

 

  • BOOK APPOINTMENT AND CALL FACILITY

Users can book appointment with Practitioners through two methods: (a) Book through the website; (b) Free telephonic service provided by the website to connect directly with the Practitioner.

  • Based on the inputs such as locality, specialisation etc. given by the User, the website will display the list of available Practitioners. The results are displayed automatically based on an algorithm used by the website. The algorithm uses factors such as inputs made by the Users. The results of the search should not be construed as an endorsement by kulcare of any such practitioner. The User’s decision to engage with any such Practitioner to seek medical services should be at his/her own risk.
  • Users shall be provided with confirmed appointment on the booking facility. However, in case the appointment is later cancelled by the Practitioner or the Practitioner is not available for appointment, kulcare shall not be held liable.
  • If a User has utilized the telephonic services, kulcare reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
  • kulcare only provides access to information relating to the Practitioners so as to enable the End User to find and connect with the Practitioners. kulcare is not involved in providing any healthcare or medical advice or diagnosis. Therefore, kulcare is not responsible for any interactions between the User and the Practitioners or any medical advice or medication or treatment provided by the Practitioner. kulcare shall not be responsible for any misconduct or inappropriate behaviour by the Practitioner of the Practitioner’s staff.
  • As a deterrent and to prevent misuse of the website, the User’s account will be temporarily disabled form booking further online appointments on the website for next ____ months, in case the Patient does not show up for the appointment on three occasions (Patient No Show (PNS) Policy).
  • An instance would be considered as PNS where a User who booked an appointment on the Website has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner marks a particular appointment as P.N.S. using website within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason for not showing up, kulcare shall be entitled to take actions as under Clause 3.4.6 (a).
  • Valid PNS: the following instances would be construed to constitute a valid PNS:
    1. No reasoned reply by User within 7 days from the receipt of PNS communication from kulcare.
    2. The User’s response is not satisfactory, demonstrates User’s negligent behaviour, leads to loss of business hours by the Practitioner
  • In case the User responds to PNS communication by giving legitimate reasons to the satisfaction of kulcare, for missing the appointment, the User will be entitled to refund of such payment as made for booking the appointment, subject to cancellation charges, if any, levied by the Practitioner.

 

  • RESCHEDULING, REFUND & CANCELLATION POLICY
    • For any online paid booking, User can cancel or reschedule the booking 24 hours prior to the scheduled appointment. In case of such cancellation, User would be entitled to complete refund of the booking amount.
    • Where the cancellation is made by the End-
      user, less than 24 hours prior to the scheduled appointment and cancellation charges have been levied (as charged by the Practitioner), the same would be charged to the User and the User would not be entitled to complete refund.
    • In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6.
    • Occasionally, appointments may be cancelled or postponed by the Practitioner. Should this occur, User will be contacted or informed and the User may either re-schedule the appointment as per User’s convenience or cancel it.. User would also be entitled complete refund in case of such cancellation, even if done less than 24 hours prior to the scheduled appointment..
    • In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at [email protected] within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next seven (7) business days in the original mode of payment done by the User while booking.
    • Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment and the User is required to wait.

 

 

  1. TERMS OF USE PRACTITIONERS

The terms in this Clause 5 are applicable only to Practitioners.

  • LISTING POLICY FOR PRACTITIONERS
    • kulcare, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. kulcare reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform kulcare immediately to enable kulcare to make the necessary amendments.
    • kulcare does not run algorithm to rank the listed practitioners shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
    • kulcare shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by kulcare, where the User has expressly or implicitly consented to the making of disclosures or publications by kulcare. If the User had revoked such consent under the terms of the Privacy Policy, then kulcare shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by kulcare prior to its actual receipt of such revocation.
    • kulcare reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, kulcare shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
    • You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and kulcare accepts no liability for the same.

 

  • PROFILE EDITING RIGHTS

kulcare allows the Practitioners to update their profile information. However, kulcare reserves to itself the right to moderate the changes or updates requested by Practitioners, to decide as to whether to publish or reject the requests submitted for the respective changes or updates. User hereby represents and warrants that the User is fully entitled under law to upload all content uploaded as part of his/her profile or otherwise while using kulcare’s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, kulcare may modify or delete parts of User’s profile information at its sole discretion with or without notice to you.

  • BOOK APPOINTMENT FACILITY
    • Practitioner shall endeavour to not cancel any appointment booked by End-Users using the website. However, in case of exigency, the Practitioner shall inform the End-User in advance regarding cancellation of appointment and re-schedule the same, if the End-User agrees. In case of cancellation of appointment by the Practitioner, the Practitioner shall not be entitled to cancellation charges and the User shall be entitled to complete refund of the booking amount.

 

  1. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF KULCARE
    • kulcare reserves the right to collect feedback and Critical Content for all the Practitioners listed on the Website.
    • kulcare shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. kulcare shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
    • Publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, User hereby agrees not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. kulcare, at its sole discretion, may choose not to publish your reviews and feedback, or take down published content, if so required by applicable law, and in accordance with Clause 5 of these Terms.
    • Practitioners understand that by using the Services they may be exposed to Critical Content or other content that they may find offensive or objectionable. kulcare shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, Practitioners may use the Service at their own risk. kulcare however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content..
    • All Critical Content including reviews, feedback and ratings is content created by the Users of Websitewhich includes all Users i.e. Practitioners, the End-Users and other Users. As a platform, kulcare does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 read with IG Rules. The role of kulcare and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. kulcare’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
    • If kulcare determines that any User has enabled fraudulent feedback, kulcare reserves the right to immediately suspend User’s account with kulcare and make such declaration on the website alongside User’s name as determined by kulcare for the protection of its business and in the interests of Users.
    • By using this Website, User agrees that any information shared by the User with kulcare or with any Practitioner will be subject to our Privacy Policy.
    • User agrees that kulcare may contact the User through telephone, email, SMS, or any other electronic means of communication for the purpose of:
  2. Obtaining feedback in relation to Website or kulcare’s services; and/or
  3. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
  • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and User agrees to provide fullest co-operation further to such communication by kulcare. kulcare’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

 

 

  1. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
    • PROHIBITED CONTENT AS PER CLAUSE (2) OF RULE 3.

The Users are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  1. infringes any patent, trademark, copyright or other proprietary rights;
  2. violates any law for the time being in force;
  3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  1. threatens 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 offence or prevents investigation of any offence or is insulting any other nation.
  • Users are also prohibited from:
  1. violating or attempting to violate the integrity or security of the Website or any kulcare Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by kulcare;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  1. making any unsolicited communications to other Users;
  2. 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;
  3. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the kulcare Content or other information available from the Website;
  • framing or hot linking or deep linking any kulcare Content.
  1. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

 

  • kulcare, 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, shall be entitled to disable such information which is in contravention of Clauses 8.1 and 8.2. kulcare shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for investigation purposes by the concerned authority.
  • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, kulcare has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  • kulcare 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. The RSPPSPI Rules only permit kulcare to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by kulcare as provided for under the SRPPSPI Rules, only when such transfer is necessary for the performance of the lawful contract between kulcare or any person on its behalf and the User or where the User has consented to data transfer.
  • kulcare respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights by any User.

 

  1. TERMINATION

 

  • kulcare reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. Such User breaches any terms and conditions of the Agreement;
    2. A third party reports violation of any of its right as a result of use of the Services by a User;
  • kulcare is unable to verify or authenticate any information provide to kulcare by a User;
  1. kulcare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  2. kulcare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for kulcare or are contrary to the interests of the Website.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

 

  1. LIMITATION OF LIABILITY
    • In no event, including but not limited to negligence, shall kulcare, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
      1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
      2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • any unauthorized access to or alteration of your transmissions or data; or
  1. any other matter relating to the Website or the Service.
  • In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
  1. RETENTION AND REMOVAL

kulcare may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the RSPPSPI Rules. Computer web server logs may be preserved as long as administratively necessary.

 

  1. APPLICABLE LAW AND DISPUTE SETTLEMENT
    • This Agreement and any contractual obligation between kulcare and User will be governed by the laws of India.
    • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by kulcare. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
    • Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
  • CONTACT INFORMATION GRIEVANCE OFFICER
    • For any query concerning kulcare, the Website, this Agreement, the Services, or anything related to any of the foregoing, kulcare customer support can be reached at the following email address: [email protected] or via the contact information available from the following hyperlink: kulcare.com/contact.
    • In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name:
Addval Solutions Pvt. Ltd.

Registered address: A-621, Bestech Business Towers, Sector-66, Mohali, Punjab.
Phone: +918070080710
Email: [email protected]

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 above person.

  1. SEVERABILITY

In the event that any one or more of the provisions, or parts of any provisions, contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a Court of competent jurisdiction, the same shall not invalidate or otherwise affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or part of any provision had never been contained herein.

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.

  1. 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 kulcare. Any consent by kulcare to, or a waiver by kulcare of any breach by User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE