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Terms and Conditions

Terms and Conditions

Terms of Use for Services provided by Qurex Health Private Limited

Qurex Health Private Limited (“us”, “we”, or “Qurex”, which also includes its affiliates) is the author and publisher of the internet resource www.wellness.qurex.in (“Website”) on the world wide web as well as the software and applications provided by Qurex, including but not limited to the mobile applications, the software and applications (together with the Website, referred to as the “Services”).

These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use” ) between Qurex and the user of the Qurex’s Services. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of its Services.

Your use of the app and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the app including the applicable policies which are incorporated herein by way of reference. If you transact on the app (web/mobile), you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Application, you shall be contracting with Qurex Health Pvt Ltd and these terms and conditions including the policies constitute your binding obligations.

We reserve the right to modify the Terms of Use at any time. Your use of our services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Usage of any of the services provided by us would be construed as consent to our collection, use and sharing, disclosure of the User’s information as described in this privacy policy.

GENERAL

1. The Agreement applies to you if you are -

  • i. A medical practitioner or health care provider, who is an individual medical professional or an organization or similar institution wishing to be listed, or already listed, on Qurex Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  • ii. A patient, his/her representatives or affiliates, searching for Practitioners or other services through the Website/mobile application (“End-User”, “you” or “User” or “Your”); or
  • iii. Otherwise a user of the Website/mobile application (“you” or “User”) .

2. Definitions

  • i. Third Party means a person or an organization whose products/services may be included along with Qurex’s services and products.
  • ii. “Personal Information” as defined under the SPI Rules means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
  • iii. A "Force Majeure Event" means any event that is beyond the reasonable control of Qurex and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
  • iv. A “User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account. User(s) may be referred to as You, Your, him, her they, as the context may require,
  • v. A “User account” means the account created by the User(s) on the Website or the mobile application by submitting their details as is required, for availing or providing the Services offered by Qurex.

3. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • i. the Indian Contract Act, 1872,
  • ii. the (Indian) Information Technology Act, 2000, and
  • iii. Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
  • iv. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

4. The User Information resides in Qurex's cloud database or the database of a third party authorised by Qurex to provide cloud database services for a certain period of time even after the User ceases to use or access the Digital Platform and in such cases Qurex shall not be liable for any usage of the User Information after the User ceases to use or access the Digital Platform.

5. If User(s) unsubscribe from the Services and again intends to avail/subscribe to the Services, he/she is authorizing Qurex to send such information as may be required, including but not limited to SMS, emails for enabling the User(s) to continue to avail the Services. User(s) hereby explicitly consent and agree that any request pursuant to this clause will override any opt-out/ override any opt-out unsubscribe request given by them earlier.

CONDITIONS OF USE

6. You/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, you represent and warrant to Qurex that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

TERMS OF USE

7. 'User information' for the purpose of this agreement includes the User's personally identifiable information including but not limited to name, email address, residential address, phone number, photograph, identity and address proof and other information collected by Qurex to provide its Services/Products to the User.

8. The information collected by Qurex from you may include Identity Details, Contact Details, Personal Health Information (PHI), Personal Data, Sensitive Personal Data, Technical Information (such as IP address etc), Security Details (such as User Name, Password), Other Details (as may be required for providing the Services).

9. Qurex ensures utmost confidentiality of your data and does not share any Identifiable Personal Information with any individuals, organizations and other companies. The same can be accessed/used/disseminated by us as per the terms specified herein.

10. Qurex does not disclose/share any information (including personal/ Sensitive Personal Data or Information as defined under SPI Rules) collected from the User/you information to/with any third party service providers, save and except those mentioned in this Privacy Policy and, in accordance with its Privacy Policy or as per procedure prescribed by law, or in compliance with legal obligations.

11. The Information provided by you and collected by Qurex may be accessed/used/disseminated for the purposes as mentioned in our privacy policy alone and the User(s) explicitly consent to the same.

12. It is your (the User’s) responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Qurex is not responsible for any loss or inconvenience caused due to your non-updation of your contact details.

13. If the User does not agree with these terms of use at any time, the User may choose to not use any of the services or give us any of your information.

14. If User(s) interact with or respond to an email campaign shared by Qurex, User(s) may be redirected to a third party website(s). The third-party website may collect information about the User(s) device, browser, IP address, operating system, interaction with an email etc. The third-party websites may also use cookies or other tracking technologies to identify the behavioural pattern of the User(s).

SHARING OF INFORMATION COLLECTED FROM THE USER(S)/YOU

15. Information including but not limited to contact details, email ID health information and such other information as may be required will be shared with Third Party Service Provider(s), retailers, logistics service providers, E-mail Service Providers and other providers for providing the Services for the User(s) pursuant to the User(s) requests, especially while facilitating the Pharmacy and Laboratory Services. Information is likely to be exchanged while fulfilling orders, delivering medicines, laboratory reports etc. and for sending communications on the Digital Platform and through e-mailers.

16. User(s) Information/data/consultation transcripts and/or summary (including but not limited to telephonic, Video and chat conversations) that might be generated during their interaction with Healthcare Professionals (HCPs)/transactions on the Platform may be used by Qurex or shared with Third Party(ies) for the purpose of (1) review with the intent of improving the overall quality of services and care, training of Healthcare Professionals, for providing enhanced consultation experience to User(s), (2) handling complaints, and (3) meeting the regulatory or statutory requirements. Qurex assures that any information exchanged for the said purpose shall be subject to stringent confidentiality obligations imposed on Third Party(ies).

17. User(s) Information/data in de identified form may be used by Qurex or shared with Third Party(ies) either in India or outside India for analytical purposes and for improving User(s) experience and User(s) use of the Services.

18. User(s) Information/Data may also be used for providing (a) assistance, (b) effective search results and links (including listings and paid services) and (c) customer experience/service. Qurex assures that any information exchanged herein shall be in accordance with its Privacy Policy. Qurex may share the information given by the User(s) if directed by any judicial or a statutory authority or against receipt of judicial or statutory order or to comply with applicable law. Please be assured that no such information will be provided to any Third Party for any commercial purpose in any such way which is contrary to the commitments made under the Privacy Policy.

19. Qurex may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and/or privacy policy, or as otherwise required law. In the event, if there is any information which has to be provided outside the scope of this Privacy Policy, a prior notification and request for consent /approval will be shared with the User(s).

CREATION OF USER ACCOUNT ON BEHALF OF THIRD PARTY

20. If any User(s) creates an account with Qurex for and on behalf of any other Party/ third party (other than for his use) like their family member(s)/friend(s)/child/ such User(s) acknowledge that they are duly authorized by the other Party/third party to create an account with Qurex by furnishing such details as may be required for availing the Services.

21. In case any User(s) is/are creating account on behalf of a minor, such User(s) acknowledge that they are legally authorized to act on behalf of such minors. User(s) acknowledge that Qurex shall in no case be held responsible/liable for any third party claims/damages if any arising from any action in this regard.

SECURITY AND RESTRICTIONS

22. Qurrex takes steps to verify your identity before granting Users access to accounts or before Users can make corrections to their information. Users are advised to maintain a strong password to help ensure the security of user accounts and in the interest of the privacy of the Users, the only mandatory requirement to register with Qurex would be an active contact number.

23. You may note that no online platform can fully eliminate the security risks. Qurex shall take all possible measures to protect the date, security, confidentiality and integrity of the User(s) information from unauthorised access. User(s) may also note that internet where the Digital Platform is hosted is not completely a secure environment, therefore Qurex does not warrant a 100% security of the User(s) Information/data from being hacked/misused/copied/used unauthorizedly and in such cases User(s) agree not to hold Qurex responsible for any consequences arising therefrom.

24. Qurex shall not be held responsible for any loss, damage or misuse of the User Information, if such loss, damage or misuse is attributable to a Force Majeure Event.

LIMITATION OF LIABILITY

25. The information available on the Website or App could include inaccuracies or typographic errors. Qurex has endeavoured to ensure that all the information on the Website is correct, but Qurex neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Qurex makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

26. In no event shall Qurex be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.

27. Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise.

28. Further, Qurex shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Qurex’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

29. Qurex does not guarantee an error free performance under this agreement shall not be responsible or liable in any manner to the users for the losses, damage, injuries or expenses incurred by the users as result of any disclosures made by Qurex.

30. Qurex does not warrant that this Website and Services, it’s servers, or email sent by Qurex or on Qurex’s behalf are virus free. Qurex will not be liable for any damages of any kind arising from the use of this Website and Services, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.

31. In no event will Qurex be liable for any damages whatsoever in an amount in excess of an amount received from the User in lieu of the Services provided through the Website.

32. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents available through the Website or its links to other internet resources as may be available to you through the Website.

33. Qurex makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents available through the Website and expressly disclaim liability for errors and omissions in the contents available through the Website.

34. Qurex does not warrant that this Website and Services, it’s servers, or email sent by us or on our behalf are virus free. We will not be liable for any damages of any kind arising from the use of this Website and Services, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.

35. Qurex makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents available through the Website and expressly disclaim liability for errors and omissions in the contents available through the Website. Reference on the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favouring by us.

INTELLECTUAL PROPERTY RIGHTS

36. The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and the trademarks displayed on the Website or App is the property of Qurex or has been licensed to Qurex by the relevant owners for use. The User may use this material only as expressly authorized by Qurex and shall not copy, transmit or create derivative works of such material without express authorization from Qurex.

37. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Qurex.

NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

38. 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 Qurex 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.

39. It is hereby expressly clarified that, the Information that you obtain or receive from Qurex 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.

40. 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 a another person’s behalf), please contact an ambulance service or hospital directly.

CHILDREN

41. We do not knowingly allow or solicit anyone under the age of 18 to participate directly in our services, unless accompanied and authorized by the parents/guardians, who may or may not be our subscribed members.

TERMINATION

42. Qurex reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

  • (a) Such User breaches any terms and conditions of the agreement.
  • (b) Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
  • (c) A third party reports violation of any of its right as a result of your use of the services.
  • (d) Qurex has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the user.

On termination on of an account due to the reasons mentioned herein, such user shall no longer have access to data, files or records kept on the website by such User.

SEVERABILITY

43. If any provision of this Agreement is invalid as per applicable law, held by a court of competent jurisdiction 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 the applicable law, to the intention of the excluded provision as determined by such court of competent jurisdiction.

WAIVER

44. 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 Qurex. Any consent by Qurex to, or waiver by Qurex of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

NO DISPARAGEMENT

45. Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a principal agent relationship or other joint relationship and neither party will have the right to bind or create any obligation, implied or expressed, on behalf of the other party.

CONTACT INFORMATION OF GRIEVANCE OFFICER

46. The User has any questions concerning the Company, the Website or App, this Agreement, Services or anything related to any of the foregoing please write to the grievance officer at this email address contact@qurex.in

47. 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 App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: legal@qurex.in

APPLICABLE LAW AND DISPUTE SETTLEMENT

48. The parties agree that this Agreement and any contractual obligation between Qurex and User will be governed by the laws of India. The courts at Delhi shall have exclusive jurisdiction over any dispute arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.