Terms of Use
This website, web application, titled ‘Cureboon’ (Platform, this shall be included in the definition of “Services”) is owned and operated by VPOTENTIAL PRIVATE LIMITED (Company, Cureboon, we, us, our). The Company provides you with healthcare services which include but are not limited to consultations, general advice, provision of content, as sought by you (Services). These Terms of Use (Terms) are a legally binding and must be read in conjunction with the Privacy Policy [https://www.cureboon.com/privacy-policy.html], both shall form a legally binding agreement.
By accessing, downloading or using these Services, you agree to be bound by these Terms.
You are requested to carefully read these Terms from time to time, for any changes that may be made to them. We shall send you annual reminders of the same, even in cases where there are no changes made to these Terms, we urge you to review them. Your continued use of the Services shall be deemed effective and valid consent towards the acceptance of such amended Terms, as and when applicable.
Services
- In order to avail our Services, you must be of 18 years of age or older, or the age of majority in your country. Our Services are not directed at individuals who are below the age of majority, in case parents or legal guardians are availing Services on behalf of their minor children, or wards, they are duty bound to follow with the additional safeguards, including verification of identification of such individuals, that are put in place by us.
- Company gives its users a personal, royalty-free, non-assignable, non-exclusive, and revocable limited license to use the Services. This license is for the sole purpose of enabling the personal and private usage of the Services by Users, in accordance with these Terms. Furthermore, the Company may, at its own discretion, cease totally or partially, and/or permanently or temporarily restrict the provision of the Services or Users accounts without prior notice or communication to the Users.
- Utilizing Services provided by us is only for your personal and non-commercial use and should not be shared with individuals otherwise. As the nature of Services meted out to you is highly sensitive in nature, and is specific to your interactions with us and requirements, you shall only use the advice, prescriptions, and consultations provided to you, for your own purposes only. The advice provided to you, in furtherance of our Services is exclusive to you only.
- You also warrant that all information is supplied by you here, including without limitation your name, email address, street address, telephone number, and credit or debit card number or any other method details, bank details (in case of getting a refund or something like that) and that all the information submitted by you is true and accurate. You further assure that the representation of your health and medical condition, and reports furnished by you are genuine and accurate, and are not false, or fabricated and you understand that the same will form the basis of any advice which is provided to you by the healthcare practitioners on the Platform. In case you avail of the Services by misrepresentation, we in our sole discretion may restrict your access to the Services and Platform at any stage of the process, and take the necessary legal action against you.
- You further agree not to reproduce, distribute, modify, display, perform, archive, publish, license, create derivative works from, offer for sale, or use (except as expressly authorized under the Terms) content and information contained on or obtained through our Service. You also agree not to: circumvent, remove, degrade, deactivate or thwart any of the contents of our service; use any robot, spider, scraper or other means to access our service. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our service. You further agree not to insert any code or product or manipulate the content of our service in any way; or use any data mining, data gathering or extraction method. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our service. We may terminate or restrict your use of our Service if you violate these Terms or engage in any illegal or fraudulent use of our Service.
- You agree to use all our Services, in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein.
- Any use of the information you provide to us is subject to your understanding and acceptance of our Privacy Policy.
- You must note that certain content published on our website is purely informational in nature and is not to be treated as medical advice without express and warranted consultations with professionals available on our website, or otherwise. The content made available through the Services is provided on an “AS IS” basis. We do not make any representations, warranties, or guarantees, in relation to the quality, suitability, truth, accuracy or completeness of any content made available on the Platform. The Users acknowledge the sole responsibility for and assume all risk arising from your use or reliance of any content.
- Any charges incurred by the Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges, shall remain the full responsibility of the Users.
- To find more information about our Services, or if you need any assistance with our Services, please write to us at [support@cureboon.com].
- Our Platform is not to be used for emergency services, you will not rely on us for the same, and you must approach the emergency department of any healthcare organization in your vicinity for such circumstances.
- In cases where you are visiting a care center, with the presence of an allied health worker, and you wish to connect to the treating physician in a remote location, you are duty bound to provide accurate information to the health worker. Such health worker is equipped to operate equipment which are capable of capturing your vitals, and other critical health information, like, height, weight, pulse rate, blood pressure, SPO2 levels, respiratory rate and others required as per the case being handled, and are in a position to capture and relay your health information and medical condition to the treating physician. Such health worker will rely on the information you provide to them, verbally or through health and medical records which you may carry with you, from prior care. The health worker will only be responsible for relaying the information that you provide to them, and we urge you to provide accurate and up-to-date information for effective care management.
Your interaction with the specialist RMPs is governed by the applicable laws and our contractual engagement with the RMPs.
In order to provide your services to the end users of the Platform, if you are a physician or a health worker, please reach us at [support@cureboon.com], and we shall provide you with additional information and inform you of your obligations via a separate long form agreement which will apply to you, in addition to these Terms which shall focus on your usage of the Platform, per se.
Registration
- You will need to register with our Platform to access its full functionality and also gain access to the full range of our Services, and towards the same we will seek further identifiers from your end in consonance with our Privacy Policy.
- If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current, and complete information about yourself as prompted by the registration form on the Platform.
- A User shall not register or operate more than one User account with the Company.
- Without limiting the foregoing, Users agree not to use the Services for any of the following.
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication and to exercise due caution and discretion in the use of Platform;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, Transmit) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the express written consent of Platform;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
- To publish information that threatens the unity, integrity, defense, endangers or jeopardizes the security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement violence or disturb the maintenance of public order or the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- In the event where the username is not appropriate, Company reserves the right, to disallow use of such name.
- It is clarified that you can be a physician, a health care worker, or a patient to be creating a user account with us. Depending on the type of account that you register for, the nature of Services and features made available to you, will vary.
Grievance Redressal Mechanism
- In case you have any complaints or grievance pertaining to: (i) Any user content that you believe violates these Terms, (ii) your access and quality of the Services provided by us, or (iii) any content which you believe is, prima facie, in the nature of any material which is obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering, or otherwise inconsistent with or contrary to the laws in force or defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: support@cureboon.com, or contact +918005100296;
- If you are a user, and not a service provider listed on the platform, this provision shall apply to you specifically. In case you are not satisfied with the Services that you have availed from the Platform, you may reach out to us at – [support@cureboon.com]. For completeness, you acknowledge and agree that the Company is only providing a technology platform for you to connect with the healthcare professionals, and it is the healthcare professionals who are responsible for providing you with treatment, health counseling.
- In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance.
- A statement that the information provided in the complaint or grievance is accurate.
- On receiving such complaint, grievance, or notice, Company reserves the right to investigate and/or take such action as the Company may deem appropriate. Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance, or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
- The name and title of the Grievance Redressal Officer is as follows:
- Name: Geeta Dube
- Email: support@cureboon.com
- Address: Post office Sushant Golf City SO, Lucknow, 226030, UP, India
- The Grievance Officer identified above is pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
- Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
Third Party Interactions
- From time to time, this Website may contain links, or host content or resources provided by third parties. We provide you with third party links/ content solely for your information and convenience. We do not make any representations or warranties about the content, suitability or appropriateness about the content or products contained in any third-party websites or resources. We urge you to read their internal policies for your continued interaction with such third parties.
- Users’ interactions with such third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ interactions of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User acknowledges sole responsibility for and assumes all risk arising from its use of such websites or resources.
Disclaimer And Limitation Of Liability
- To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this Platform. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.
Suspension, Termination And Cancellation
- You hereby agree that we have the right to immediately suspend access to the website if we suspect any violation of the Terms or any applicable laws and regulations. The Company shall have the right to keep and use data related to the website.
Governing Law
- These terms shall be governed by the laws of India and the exclusive jurisdiction of the courts of Lucknow, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Severability
- If any provision or provisions of these Terms, shall be held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Changes To Terms Of Use And Assignment
- We may from time to time change these Terms of Use. In case of significant changes to these Terms, we will strive to notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of all such revised terms.
- The failure of Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
Terms and Conditions for Healthcare Practitioners on the Platform
These terms and conditions apply to you, if you are joining the Platform as a treating or advising doctor, or an allied healthcare professional. Note that these will apply to you in addition to the Terms of Use, Privacy Policy on the website and the RMP/ HCW Agreement that the Company executes with you. All these documents, read together, form a binding agreement between you and the Company.
PROCEDURE
- For the purposes of this Policy, telemedicine is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care while the patient is at the originating site and the health care provider is at a distant site. Telemedicine facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.
- The services offered by the Company may be in the format of a synchronous mode of communication or may be in asynchronous mode of communication, i.e., real time or non-real time.
- It is mandatory that only Company approved technology, software, platform/s be used for the purposes of interacting over:
- Text communication; and/ or,
- Audio-video communication; and/ or,
Store and forward.
For completeness, only such social media platforms, or IM services, that the Company authorizes and allows for, may be used for the purposes of interacting with patients.
- The telemedicine equipment used must have the capability of meeting the procedural requirements. In case where the HCW has at their disposal such medical equipment which are capable of capturing the vitals, essential parameters of the patients then they should ensure that it is done in an efficient and accurate manner. Similarly, RMPs who are using medical equipment to treat or manage patients must ensure that the same is compliant with all standards and also capture accurate and detailed information of the patients.
- In case where an advising doctor/ RMP is accepting a request from a treating doctor/ RMP, or HCW, then they shall immediately use the live chat window available to them, to confirm the time for consultation. They can rely on the same chat window to be able to update in case there are any changes in the timings.
- Licensure. An RMP or health worker who is onboarded with the Company must be duly registered, enrolled under the requirements of the law, and must also be a certified professional (as applicable for the practice of telemedicine), for provisioning healthcare services to the patients / users of the Platform. Any additional certifications which are with the RMP or the HCWs should also be provided to the Company, for recordal.
- Consent. Prior to each consultation or encounter between a healthcare professional and a patient, for the delivery of healthcare services via telehealth, the registered medical practitioner must verbally inform the patient that the designated means of communication may be used and obtain verbal or written consent of the patient.
- The consent must be documented in the patient’s records, including the following descriptions:
- a description of the necessity, risks and benefits of telemedicine.
- patient has access to all the medical information transmitted over the platform in respect to his or her own case.
- no further dissemination of images, or information of the patient to any other registered medical practitioner or service provider, without the express consent of the patient.
- in case of a minor patient, details of the accompanying adult may be sought, and such details maybe recorded as a log entry only.
- in the event where the RMP decides to change the mode of communication for a particular telemedicine consult, then renewed consent must be sought from the patient prior to making such switch.
- All these inputs have to be carefully added to the patient’s records and with great accuracy. Any issues shall be the sole responsibility of the HCWs/ RMPs, and the Company shall not be responsible for insufficient or inaccurate recordkeeping.
- Confidentiality and Privacy. All must follow the applicable laws concerning data privacy and protection, and confidentiality of healthcare information / sensitive personal information. You must know that any and all information which is received from the patients must not be shared with anyone else without prior consent of the patient.
- All must follow the policies of the Company which govern the collection, handling and management of personal data or information.
- All must ensure that in the event where the user or patient wishes to enforce their own privacy rights as afforded under the policies of the Company and under the law, it is important that you assist them in enforcing the rights, and facilitate such actions on their behalf.
- Documentation. The documents which are required for recordkeeping and maintenance of the patient’s health information will have to be documented as per the applicable laws, templates provided in law, and templates provided by the Company.
- Medical Records. RMPs providing Telemedicine services must document the encounter appropriately and completely so that the record clearly, concisely, and accurately reflects what occurred during the encounter. The format/s or templates shall be as provided by the Company, and must not be tampered with.
- Store and forward. In case of store and forward consultation with the patients, which is a medical service different from an interactive telemedicine consultation, the following requirements must be met with.
- The images must be specific to the particular patient’s medical condition and must be adequate and proportionate for evaluation of the patient’s medical condition.
- Any patient receiving consultation by store and forward shall be notified of the availability and their right to receive interactive communication with the distant RMP.
- Duty of Care. The RMP’s duty of care towards the patient/s remain unchanged and must be in alignment with the existing clinical protocols, and other compliance requirements which prevail over a physical, in-person consultation as well.
- The duty of care shall guide the RMP to conduct the consultation by a medium which is both easily accessible to the patient and such where the transfer of information may happen in an uninterrupted way to the benefit of both parties.
- Factors for consideration. During a consultation, the RMP must account for the following factors and accordingly proceed with a telemedicine consult. This is mandated by law, and is not to be substituted for, or be treated as mere advice.
- Context. The context in which the patient presents themselves is relevant for the RMP to be able to ascertain if the health / medical condition of the patient qualifies for a telemedicine consult, or if it warrants a physical/ in-person consultation.
- Identification of Stakeholders. The RMP must ensure that all communication flowing from the RMP’s end towards the patient must carry his or her registration details. Further, the RMP may seek appropriate identification proof from the patient, and in case of a minor patient, that of the accompanying adult as well.
- Mode of Communication. The RMP may evaluate the medical condition of the patient and accordingly adopt the means of communication as the situation warrants. Further, it is necessary that when the RMP switches between modes of communication, then renewed consent be sought from the patient. Modes of communication may include e-mails/ chats, audio calls, or audio-visual forms of communication.
- Consent. As the nature of information flowing from the patient is sensitive in nature, it is essential that you must collect, and process patient’s information only based on prior and express consent of the patient.
- Type of Consultation. The RMP must familiarize themselves with the type of consultation that they are indulging in with respect to a patient.
- First Time Consultation. The following factors must be considered for determined:
- meeting the RMP for the first time.
- meeting the same RMP after a lapse of six months from the date of the first consultation.
- if there are new symptoms or it is a separate medical condition.
- if the RMP is unable to recall the context in which the patient had consulted them earlier.
- These factors are all independent of one another, and invocation of any one of these factors outlined above will render the particular consult as a first-time consult.
- Follow up Consultation. In the event where the patient visits the same RMP after the expiry of 6 months from the earlier date of in-person consultation, and where the patient is visiting the RMP for treatment of the same health condition as referred to in the earlier consultation, such subsequent consultation will qualify as a follow up consultation.
- Patient Evaluation. An informed diagnosis is the bedrock of every consultation and the RMP ought to obtain all medial information and history as may be necessary to perform the same.
- Patient Management. An RMP must proceed with provisioning of health education, counseling and generation of prescriptions, only when they have considered the foregoing factors for evaluation of the patient and are in a position to provide appropriate or provisional diagnosis.
- The seven factors defined at p.14 above are mandatorily to be adhered to, and are not for mere guidance. These factors along with the professional judgment of the RMP must prevail at all times of any teleconsultation with the patients on the Platform.
- Prescription. The prescription must be generated in the template provided by the Company, and in compliance with the law.
- The mandatory fields must be populated before you issue and endorse the prescription from your end.
- It is also mandatory that you endorse the prescription by the use of appropriate digital signature to validate / authenticate the prescription issued to the patient.
- In the event, where you as an RMP are forwarding a copy of the prescription directly to the pharmacy partner, ensure that you seek patient’s consent and record the same in the transaction with the pharmacy partner.
- The prescription must be issued at the discretion of the RMP, where there is any discrepancy, or insufficiency of information flowing from the patient, the RMP is not obliged to issue a prescription.
- Follow the list of medicines that can be prescribed during a telemedicine consult, and also the type of consultation which must be considered for a particular grouping of drugs. This will be as per the laws, including the Guidelines.
- The RMP and the patient must undertake all endeavors to ensure that the identity of the patient is clearly established and that such prescription is afforded the same standard of care as if it were an in-person consultation.
- Interaction with third parties. In the event where there is a requirement on the part of the RMP to interact with another RMP on behalf of the patient, the treating RMP must follow such established protocols for such interactions and must communicate to the patient concerned of such a transfer.
- All the templates provided by the Company must be mandatorily followed and must not be substituted without the express authorization and written permission of the Company.
- The patients must not be consulted with, beyond the scope of the RMP’s engagement with the Company, and any in-person consultation or referral must be in alignment with the Company’s policies and protocols.
The Policy further is to be read in conjunction with the terms of your engagement / association with the Company, and in conjunction with other policies which particularly govern the flow of data and the usage of data of the patients during the course of their treatment, consultation, or in continuity of their care.
For further information, you may reach out to us at: [support@cureboon.com], or refer to the FAQs also made available to you.