Terms & Conditions

Last Updated: 4th Aug, 2022

Curate Health has created this Website and mobile application to provide Users, the Services which includes, with wellness services that include but are not limited to fitness sessions, consultations, general advice, provision of content, access to medicines as sought by you (Services). While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

This user agreement (“Agreement”) is an agreement between you and Curate Health Technologies Pvt. Ltd. (Company/ we/ us/ our/ Curate Health/ Curate as the context requires) governing your use of Curate Health's products, software and/or services with the characteristics and features as described on www.curate.health (“Website”) (referred to as the "Services"). By accessing the Website/mobile application, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/mobile application and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. Curate Health will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to use the Website/mobile application and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/mobile application is subject to the most current version of the terms of use posted on the Website at the time of such use.

1. ACCESS

1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/mobile application by notifying the same on our Website/mobile application from time to time without prior notice to you. We will not be liable if for any reason our Website/mobile application or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/mobile application, or our entire Website, or our mobile application to Users who have registered with us.
2. Curate Health grants you permission to use the Services as set forth in this Agreement, provided that:

• you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Curate Health’s explicit authorisation in this regard;
• you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and
• you will otherwise comply with the terms and conditions of this Agreement.

1. In order to access the Services, you will need to register on the Website/mobile application and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
2. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you may use the Website/mobile application or such other Services provided through the Website/mobile application only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health-related or otherwise arising out of any inaccuracy in the information provided by you on the Website/mobile application. Your profile may be deleted by us by informing you 24 (twenty-four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
3. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record-keeping purposes, internal procedures or for any other purposes and by using this Website/mobile application you expressly consent to such sharing of the information provided by you.
4. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Curate Health of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: wecare@curate.health
5. You are responsible for making all arrangements necessary for you to have access to our Website/mobile application and thereby the Services. You are also responsible for ensuring that any persons who access our Website/mobile application and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Curate Health for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
6. Curate Health reserves the right to refuse access to use the Services offered at the Website/mobile application to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Curate Health from using the Website/mobile application or Services for any reason whatsoever.

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2. MEMBERSHIP/ REGISTRATION FOR THE SERVICES

1. Once you complete registration on the Website/mobile application, you will be a member which:

• allows you to access on the Website/mobile application;
• allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website/mobile application;
• allows you to make use of the Services on the Website/mobile application subject to these terms and conditions;
• does not allow you to use email addresses displayed on the Website/mobile application for any purpose other than that specifically authorized by us.

1. By providing Curate Health with your email address/ phone number you consent to:

• our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may write to us at wecare@curate.health to opt out of Service-related communications vide email/mobile number or entirely.
• Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress and the usage of our Services, and relating to any new promotions and sales opportunities.
• Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out by sending us an email at: wecare@curate.health or choosing to unsubscribe directly from the mailing list. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

1. You also agree to the following

• The registered medical practitioners (RMPs) that you interact with have the discretion to decide on the appropriate mode of communication. This will be done keeping in mind the clinical protocols that the RMPs are bound by.
• You further agree and undertake that the information you provide pertaining to the context, your health condition and medical condition is accurate, and agree for that to become a part of your health records, diagnosis, prescription, or any such other document or record created during your consultation on the Website.
• You further agree and undertake to ensure compliance with the instructions of the RMPs, including the health education, counselling and prescription made to you. Should you deviate from such prescription, health education and counselling, neither the Company nor the RMP will be liable for any adverse situation arising thereof, should it be determined that the adverse situation is attributable solely to your deviance.
• You are hereby undertaking that in case of a medical emergency, you will not rely on the Services for treatment. You must ensure that in case of a medical emergency you seek urgent and immediate medical attention in a nearby physical facility, or with a locally and physically available RMP.
• Your interaction with the RMPs is governed by the applicable laws and our contractual engagement with the RMPs.
• The Services provided to you could host a range of offerings which could be in the asynchronous as well as the synchronous format/s accommodating real-time and store and forward models for consultation. Any new modes of communication, as and when introduced, will also be governed by these Terms, and our other internal policies.
• You hereby expressly agree to the RMP forwarding a copy of your prescription to the pharmacist/pharmacies, who the Company engages with for the purposes of fulfilment or delivery of your orders/ purchases. This is subject to your express request, an order placed on our Website, while availing our Services only.

2. GRANT OF LICENSE

Subject to these terms and conditions of use, Curate Health grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

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4. PRIVACY AND YOUR PERSONAL INFORMATION

For information about our data protection practices, please read Curate Health's privacy policy set out below. This policy explains how Curate Health treats your personal information, and protects your privacy, when you use the Services.

5. UPLOADING MATERIAL TO THE SERVICE

Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website, or to make contact with other users of our Website, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

6. RESTRICTION ON USE OF SERVICES

You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Curate Health to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

7. RIGHTS RESERVED BY CURATE HEALTH

1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/mobile application constitutes a violation of their intellectual property rights, or of their right to privacy.
2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/mobile application and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

• satisfy any applicable law, regulation, legal process or governmental request;
• enforce these terms and conditions, including investigation of potential violations hereof;
• detect, prevent, or otherwise address fraud, security or technical issues;
• respond to user support requests; or
• protect the rights, property or safety of Curate Health, its Users and the public. Curate Health shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

1. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/mobile application itself.
2. Curate Health shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

7. DISCLAIMERS

1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, Curate Health shall not be 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 such advertisers or the vendors on the Services.
2. The Services may provide, or third parties may provide, links to other websites/mobile application or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
3. You agree that your use of the Website/mobile application and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/mobile application and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Curate Health shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that:

• the Services will meet your specific requirements;
• the Services will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Services will be accurate or reliable; and
• the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and
• any errors in the Services will be corrected.

1. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
2. The content of the Website/mobile application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website. Reliance on any such content is solely at your own risk.
3. The content provided on or through this Website/mobile application regarding drug or dietary supplements or products for sale have not been evaluated or approved by any regulatory authority including the Drug Controller of India.

7. CONTENT LICENSE FROM YOU

1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website/App, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Curate Health will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
2. By Posting any User Content on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to Curate Health a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.
3. You understand that Curate Health, in performing the required technical steps to provide the Services to our users, may:

• transmit or distribute your Content over various public networks and in various media; and
• make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Curate Health to take these actions.

1. You are solely responsible for your contributions to any online forum Curate Health may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Curate Health, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Curate Health a perpetual, irrevocable, royalty-free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
2. You confirm and warrant to Curate Health that you have all the rights, power and authority necessary to grant the above license.

7. BILLING AND PAYMENT

1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Curate Health may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2. It is your responsibility to promptly provide Curate Health with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Curate Health does not validate all credit card information required by the Customer's payment provider to secure payment.
3. You must notify Curate Health about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Curate Health’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
4. You are responsible for all the information you input in your Account and all charges that result from the information. Curate Health Technologies Pvt. Ltd. shall not be responsible for any payment for an incorrect Credit card account or bill payment number.
5. In case, money has been charged to your card or bank account and an order was not placed due to a payment gateway or other transaction error, the same amount will be refunded within 72 working hours of your completion of the transaction. You may inform us regarding the same by reaching out to our customer support team at wecare@curate.health. All refunds will be credited to the original payment method. However, Curate Health disclaims any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank or credit card service provider’s system or network.
6. In case a payment has been wrongfully made and credited to your Credit card account or bank account, Curate & Curate Health Technologies reserve the right to automatically initiate a refund through your bank. By agreeing to these terms, you hereby consent to such a refund initiated by your concerned Bank, at the request of Curate, to offset any incorrect transaction, credit or double payment made to your account. Once such a transaction is processed, Curate shall inform you of the same and the corrective action taken by Curate to refund such payment.
7. We are not liable to give you any refund on the services you have purchased from the Website/App.

7. INDEMNITY AND LIMITATION OF LIABILITY

1. You agree to defend, indemnify and hold harmless Curate Health, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website/ App;

• your use of and access to the Service and Website/mobile application;
• your violation of any term of this Agreement;
• your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
• any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/mobile application

1. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:

• conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/mobile application or in connection with the use, inability to use, or results of the use of the Services or our Website/mobile application, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue
• loss of business loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of goodwill
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

1. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/mobile application to use the Services.

7. OFFENCES

1. You must not misuse our Website/mobile application by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorised access to our Website/ App, the server on which our Website/ App is stored or any server, computer or database connected to our site. You must not attack our Website/mobile application via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ App or to your downloading of any material posted on it, or on any Website linked to it.

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13. LINKING TO THE WEBSITE

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
2. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
3. These linked sites are under no way in control of Curate Health and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
4. If you wish to make any use of material on our Website other than that set out above, please address your request to: wecare@curate.health

13. ADDITIONAL TERMS FOR THE MOBILE APP

You are granted a limited, non-sub-licensable right to access the Mobile App, Desktop App, the Services and Data for the purpose of enabling you or other users to access the Website or the App and/or the Services via third-party software or website. Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:

15. SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

16. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

1. All right, title and interest in usage of the terms Curate Health.in, or Curate Health including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Curate Health and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Curate Health.
3. Except as expressly provided in these terms of use, no part of Curate Health and no content or marks, data, statistics, independent research conducted and posted by Curate Health may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
4. By accepting the use of terms hereunder you agree that Curate Health does not transfer/assign the title to the Website/mobile application to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Curate Health, we retain the full and complete right, title and interest to the Website/mobile application, and all intellectual property, title and interest to the Website/mobile application, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.
5. Any usage of Curate Health's contents, without the written authorization of Curate Health, shall be considered a breach of this Agreement, and you shall be required to indemnify Curate Health for all liability incurred in this regard.

16. GOVERNING LAW

1. The jurisdictional court of Karnataka shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/mobile application or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these Terms and Conditions of use of the Services.
2. Curate Health accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/mobile application can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.

16. RELATIONSHIP BETWEEN THE WEBSITE/MOBILE APPLICATION AND LEGAL NAME

The website www.curate.health, and mobile application (curate health) is registered and owned by Curate Health Technologies Pvt. Ltd., and usage of this Website/mobile application and affiliated links is subject to the Terms of Use and Privacy Policy.

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