We are living in the 21st century, an era of Information Technology. Due to advancement of Information technology, our lifestyle has become very scheduled and hectic. Running for butter and bread, we are keeping our health on edge.
Here at Cura Health, considering the busy schedule and hectic lifestyle, we have designed an app to provide you access to consult medical practitioners/health organizations online. Our main objective is to create a portal for quality and service-based apps to help you to seek quality and reliable medical help easily. This app is designed to establish a connection and to interlink you with required medical personalities / health organizations online.
The terms and conditions published here are in compliance with laws of Nepal which includes:
contractual procedure of national Civil code 2074
personal privacy Act 2075
Electronic Transaction Act 2063
Right to information Act 2064 and others related laws
Patent design and trademark act.
The amendment and changes in the given laws will have automatic effect on the terms and policy of CURA HEALTH.
CURA HEALTH will only act on a neutral mediator between the practitioner and user. CURA HEALTH will not be liable for unintentional harms and loss caused due to uncertain technical error and other disturbance. CURA HEALTH will liable only the facilitation to the user to set virtual appointments with practitioner/ health organizations. Any misconduct and illegal act by a user shall be deemed to be punishable as per prevailing laws.
There shall be no any liabilities, responsibility on Cura Health regarding any disputes, medico-legal issues arising among and between practitioner, user and hospital.
Cura Health, on behalf of itself and its affiliates/group companies under the brand "Cura Health" (“Cura Health”), is the author and publisher of the mobile application ‘Cura Health’ and ‘Cura Health Doctor’(together, “mobile application”). Cura Health owns and operates the services provided through the mobile application.
NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available [link] (“Privacy Policy”) before you decide to access the mobile application or avail the services made available on the mobile application by Cura Health. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Cura Health in connection with your visit to the mobile application and your use of the Services (as defined below).
The Agreement applies to you whether you are -
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 Mobile application/mobile application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Mobile application (“End-User”, “you” or “User”); or
Otherwise a user of the Mobile application (“you” or “User”).
This Agreement applies to those services made available by Cura Health on the Mobile Application and the website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the mobile application;
For other Users: Facility to (i) create and maintain user accounts, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Cura Health, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Cura Health, and the Agreement will apply to your visit to and your use of the mobile application to avail the Service, as well as to all information provided by you on the mobile application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the mobile application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info.curahealth@gmail.com.
By downloading or accessing the mobile application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as accessible from the mobile application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the mobile application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve 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 you in writing you should read the Agreement at regular intervals. Your use of the mobile application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the mobile application or avail any Services.
Your access to use of the mobile application and the Services will be solely at the discretion of Cura Health.
The Agreement is published in compliance of, and is governed by the prevailing laws of Nepal, including but not limited to:
Provision relating to Contract and other related liabilities of Muluki Civil (Code), 2074
The privacy act 2075
contractual procedure of national Civil code 2074
Electronic Transaction Act 2063
Patent, design and trademark act.
Right to information Act 2064 and others related laws
It shall be preliminary governing law of this agreement.
However, other disputes arises despite the question of the contract and its liabilities then such shall be government according to the relevant laws of Nepal.
In case of conflict of the provision of this Agreement with the Laws of Nepal, the contradicting provision of this Agreement shall become automatically invalid to the extent of contradiction.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the mobile application in any manner. By registering, visiting and using the mobile application or accepting this Agreement, you represent and warrant to Cura Health that you are 18 years of age or older, and that you have the right, authority and capacity to use the mobile application and the Services available through the application, and agree to and abide by this Agreement.
TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners.
END - USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the chapter 6 of The Privacy act 2075, and are reproduced in the Privacy Policy.
Cura Health may by its Services, collect information relating to the devices through which you access the mobile application, and anonymous data of your usage. The collected information will be used only for improving the quality of Cura Health’s services and to build new services.
The Super admin web application allows Cura Health to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
The Privacy Policy sets out, inter-alia:
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Cura Health will disclose such information; and,
Other information mandated by the privacy Act-2075 rules.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
Cura Health shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Cura Health or to any other person acting on behalf of Cura Health.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the mobile application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Cura Health of any actual or suspected unauthorized use of the User’s account or password. Although Cura Health will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cura Health or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Cura Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cura Health has the right to discontinue the Services to the User at its sole discretion.
Cura Health may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
For every telemedicine consultancy with the practitioner provided via Cura Health, the call details are stored in Cura Health servers. Recording your call details and your consent to such which are dealt with as per the Privacy Policy. Such data may be accessed by Cura Health 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 Cura Health should be used only for health education and promotion purposes as per telemedicine guidelines of the medical council in the country, and not for emergency health-related issues. Cura Health accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to storing your call details which may be required in cases of conflicts and fraud, Cura Health reserves the right to not provide the Services telemedicine.
RELEVANCE ALGORITHM
Cura Health’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its mobile application. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Cura Health. Cura Health will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Cura Health in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Mobile application.
LISTING CONTENT AND DISSEMINATING INFORMATION
Cura Health collects, directly or indirectly, and displays on the mobile application, relevant information regarding the profile and practice of the Practitioners listed on the mobile application, such as their specialization, qualification, fees, location, visiting hours, and similar details. Cura Health takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Cura Health screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Cura Health 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, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Cura Health does not provide or make any representation, warranty or guarantee, express or implied about the mobile application or the Services. Cura Health does not guarantee the accuracy or completeness of any content or information provided by Users on the Mobile application. To the fullest extent permitted by law, Cura Health disclaims all liability arising out of the User’s use or reliance upon the Mobile application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Mobile application, or any opinion or suggestion given or expressed by Cura Health or any User in relation to any User or services provided by such User.
The Mobile application may be linked to the mobile application/websites of third parties, affiliates and business partners. Cura Health has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such mobile applications or made available by/through our Mobile application. Inclusion of any link on the Mobile application/website does not imply that Cura Health endorses the linked site. User may use the links and these services at User’s own risk.
Cura Health 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 Mobile application or the downloading of any material, data, text, images, video content, or audio content from the Mobile application. If a User is dissatisfied with the Mobile application, User’s sole remedy is to discontinue using the Mobile application.
If Cura Health determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Cura Health reserves the right to immediately suspend your access to the Mobile application or any of your accounts with Cura Health and makes such declaration on the mobile application alongside your name/your clinic’s name as determined by Cura Health for the protection of its business and in the interests of Users. You shall be liable to indemnify Cura Health for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Cura Health or its Users.
BOOK APPOINTMENT AND CALL FACILITY
Cura Health enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book a physical appointment through the Mobile application; b) Telemedicine services which connect Users directly to the Practitioner’s Cura Health ID provided on the Mobile application.
Cura Health will ensure Users are provided confirmed appointment on the Book appointment facility. However, Cura Health has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Doctor Default policy in which case the terms of this program shall apply.
If a User has utilized the book an appointment service, Cura Health reserves the right to share the information provided by the User with the Practitioner and store such information of the User with the Practitioner, in accordance with our Privacy Policy.
The results of any search Users perform on the Mobile application for Practitioners should not be construed as an endorsement by Cura Health of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, Cura Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Cura Health will not be liable for:
User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Doctor Default Policy and Default Patient.
Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Cura Health shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Mobile application.
In case of a ‘Default Patient (D.P)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
Until a patient clears his/her payments, the patient will be considered as “Default Patient” by Cura Health.
“Default Patient” won’t be allowed to book another appointment with the same doctor with “Pay at Clinic” option.
If the patient misses out more than 2 appointments without clearing his/her dues, Cura Health holds the right to disable “’Pay at clinic” option for the patient until the patient provides a valid reason for the same within 5 days via email or by contacting Cura Health’s support team.
However, the “Default Patient” can still book appointments with doctor by opting “Pay Online” payment method.
Default Patient (D.P) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Mobile application using the Book Appointment facility, has not turned up for the appointment without cancelling, or informing the Practitioner in advance about the same. When Practitioner informs Cura Health of the incident within five (5) days of the scheduled appointment, an email (“D.P Communication”) will be sent to the User to confirm on the incident with reasons. If the User is not able to establish that the User had a legitimate reason for not showing up, Cura Health shall be entitled to take actions as under Clause 3.4.6 (c). However, Users understand that, actions such as ones mentioned under Clause 3.4.6(c) are included as a deterrent to stop Users from misusing the Mobile application, and the loss of business hours incurred by the Practitioner.
Cura Health reserves the right to make the final decision in case of a conflict. The total aggregate liability of Cura Health with respect to any claims made herein shall be NPR 500.
Cancellation and Refund Policy
In the event that, the Practitioner with whom User has booked a paid appointment via the Mobile application, has not been able to meet the User, User will need to write to us at info.curahealth@gmail.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Mobile application will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. 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. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
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 time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
No cancellation fee will be charged if the user cancels an appointment at least 24 hours prior to start of doctors shift for which the user has selected the appointment for.
If the user selects “Pay at clinic” as a mode of payment for booking physical appointment, the payment status for the user will remain “Pending” unless the user goes to the hospital and clears his/her due before the start of appointment. In case the user doesn’t clear the dues, and a walk-in patient shows up to the hospital/clinic, the hospital/clinic holds the right to override the unpaid appointments.
NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
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 Mobile application (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 Cura Health 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 Cura Health, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile application 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 Mobile application. 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 another person’s behalf), please contact an ambulance service or hospital directly.
Cura Health’s ARTICLE
These terms & conditions governing Cura Health’s article are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
Cura Health’s article is an online content platform available on the Mobile application, wherein Practitioners who have created a Cura Health profile can login and post health and wellness related content.
Practitioners can use Cura Health’s article by logging in from their Cura Health account, creating original content comprising text, images, data or any combination of the same (“Content”), and uploading said Content to Cura Health’s servers. The Practitioner can upload their own images. Cura Health shall post such Content to Cura Health’s article at its own option and subject to these Terms and Conditions. The Content uploaded via Cura Health’s article does not constitute medical advice and may not be construed as such by any person.
Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Cura Health’s article and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Cura Health reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Cura Health from and indemnify Cura Health against all claims that may arise as a result of any third-party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Cura Health’s article.
Cura Health shall have the right to edit or remove the Content and any comments in such manner as it may deem Cura Health’s article at any time.
Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libellous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Cura Health reserves the right to remove any Content which it may determine at its own discretion is violation of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Cura Health from and indemnify Cura Health against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Cura Health’s article.
Practitioner shall ensure that no portion of the Content is violation of any law for the time being in force.
Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of Nepal, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
User may also use Cura Health’s article in order to view original content created by Practitioners.
User agrees that the Content they access on Cura Health’s article does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content is solely attributable to the User. The User agrees to absolve Cura Health from and indemnify Cura Health against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Cura Health’s article.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Mobile application are (i) User generated content, or (ii) belong to Cura Health. The information that is collected by Cura Health directly or indirectly from the End- Users and the Practitioners shall belong to Cura Health. Copying of the copyrighted content published by Cura Health on the Mobile application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Cura Health reserves its rights under applicable law accordingly.
Cura Health authorizes the User to view and access the content available on or from the Mobile application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Mobile application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Mobile application (collectively, "Cura Health Content"), are the property of Cura Health and are protected under copyright, trademark and other laws. User shall not modify the Cura Health Content or reproduce, display, publicly perform, distribute, or otherwise use the Cura Health Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
REVIEWS AND FEEDBACK
By using this Mobile application, you agree that any information shared by you with Cura Health or with any Practitioner will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Mobile application, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Cura Health in publishing Critical Content is restricted to that under the Electronic transaction Act 2063. Cura Health disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Bill. Cura Health shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Mobile application is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Mobile application 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 Privacy Act Rules. Cura Health, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Cura Health may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Mobile application or Cura Health’s services; and/or
Obtaining feedback in relation to any Practitioners listed on the Mobile application; and/or
Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Cura Health. Cura Health’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
MEDICAL INFORMATION & TELEMEDICINE CONSULTATION
Cura Health may provide End-Users with a free facility known as ‘Medical information’ on its mobile application ‘Cura Health’.
Your Records is only created after you have signed up and explicitly accepted these Terms.
The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Cura Health is not liable for any interruption that may be caused to your access of the Services.
It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Cura Health is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Cura Health.
Cura Health uses industry–level security and encryption to your Health Records. However, Cura Health does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Cura Health of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info.curahealth@gmail.com.
If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Cura Health assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Cura Health and its officers against any such claim or liability arising out of unauthorized use of such information.
In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
You may lose your “User created” record, if the data is not synced with the server.
Cura Health will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
You agree to and acknowledge that Cura Health may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
You acknowledge that the Practitioners you are visiting may engage Cura Health's software or third-party software for the purposes of the functioning of the Practitioner’s business and Cura Health's services including but not limited to the usage and for storage of Records in Nepal and outside Nepal, in accordance with the applicable laws.
Informed consent for Telemedicine
As with any medical procedure, there are potential risks associated with Cura Health services. By using the Cura Health service, you agree to abide by the Terms and Conditions, Privacy policy and risks described below. These risks include, but may not be limited to:
While Cura Health is an honest attempt to provide access to the best possible medical information to the patient, the Practitioner will not be examining you physically for telemedicine consultation. The practitioner may not have access to all or some of your medical history that might be critical to consult you. The practitioner will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the service provided through Cura Health’s telemedicine consultation is different from the diagnostic and treatment services typically decided by a practitioner. Therefore, the practitioner may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk of this limitation, Cura Health strongly encourages you to be in touch with an on-ground physician and share the Cura Health opinion with him/her. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the entire risk of this limitation;
By requesting a medical opinion through Cura Health, you acknowledge and agree that:
The advice/information/opinion on diagnosis you may receive could be limited and provisional.
The telemedicine medical opinion is not intended to replace a face-to-face visit with a physician just yet and it replace an actual Doctor-patient relationship.
In case of a second opinion where there is a difference of opinion among our Medical Experts and your physician, you would bear the responsibility to decide the next step. We hope to help you in making the right decision but at the end it is only up to you to share our consultants’ opinion with your physician or to go for another physical exam (if needed).
The physician relies on information provided by you and hence any information demonstrated to have been wrongly provided will immediately render the opinion and all details therein null and void;
In rare cases, the consultant may feel that the query may not be answerable without physically examining the patient and the consult may be refused forthwith;
In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
Delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in Terms of Use.
To the extent that your Records have been shared with Cura Health or stored on any of the Cura Health products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Cura Health pertaining to such previously visited clinics and hospitals who have tie ups with Cura Health for the purposes of their business and for Cura Health's services including but not limited to the usage and for storage of Records in Nepal and outside Nepal, in accordance with the applicable laws and further agree, upon creation of your account with Cura Health, to the mapping of such Records as may be available in Cura Health’s database to your User account.
TERMS OF USE PRACTITIONERS
The terms in this Clause 4 are applicable only to Practitioners.
LISTING POLICY
Cura Health, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Cura Health 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 Mobile application in connection with you and your profile is found to be incorrect, you are required to inform Cura Health immediately to enable Cura Health to make the necessary amendments.
Cura Health shall not be liable and responsible for the ranking of the Practitioners on external mobile applications and search engines
Cura Health 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 Cura Health, where the User has expressly or implicitly consented to the making of disclosures or publications by Cura Health. If the User had revoked such consent under the terms of the Privacy Policy, then Cura Health 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 Cura Health prior to its actual receipt of such revocation.
Cura Health 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 Mobile application. We are trying our best to prevent inactive, inaccurate, fraudulent or non-existent profiles of practitioner, however, Cura Health shall not be liable if any of these profiles of Practitioners are added to the Mobile application and the users and practitioners are encouraged to inform Cura Health about the same.
Practitioners explicitly agrees that Cura Health reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
For every telemedicine consultancy with the practitioner provided via Cura Health, the call details are stored in Cura Health servers. Recording your call details and your consent to such are dealt with as per the Privacy Policy. Such data may be accessed by Cura Health 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 Cura Health should be used only for health education and promotion purposes as per telemedicine guidelines of the medical council in the country, and not for emergency health-related issues. Cura Health accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to storing your call details which may be required in cases of conflicts and fraud, Cura Health reserves the right to not provide the Services telemedicine
You as a Practitioner hereby represents and warrants 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 Cura Health accepts no liability for the same.
PROFILE OWNERSHIP AND EDITING RIGHTS
Cura Health ensures easy access to the Practitioners by providing a tool to update your profile information. Cura Health reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Cura Health takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Cura Health’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, Cura Health may modify or delete parts of your profile information at its sole discretion with or without notice to you.
REVIEWS AND FEEDBACK DISPLAY RIGHTS OF CURA HEALTH
All Critical Content is content created by the Users of Cura Health/Cura Health Doctor app (“Mobile application”) and the clients of Cura Health customers and Practitioners, including the End-Users. As a platform, Cura Health does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that under the Electronic Transaction Act 2063. Cura Health’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Cura Health reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Mobile application.
Cura Health 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.
You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Cura Health shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Cura Health however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clause 5 of these Terms.
If Cura Health determines that you have provided inaccurate information or enabled fraudulent feedback, Cura Health reserves the right to immediately suspend any of your accounts with Cura Health and makes such declaration on the mobile application alongside your name/your clinics name as determined by Cura Health for the protection of its business and in the interests of Users.
RELEVANCE ALGORITHM
Cura Health has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Cura Health shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Cura Health.
CURA HEALTH REACH RIGHTS
Cura Health reserves the rights to display sponsored ads on the Mobile application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Cura Health will not be liable for the accuracy of information or the claims made in the Sponsored ads. Cura Health does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Cura Health will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these 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 Cura Health accepts no liability for the same.
BOOK APPOINTMENT AND TELEMEDICINE FACILITY
As a valuable partner on our platform we want to ensure that the Practitioners experience on the Cura Health booking platform is beneficial to both, Practitioners and their Users.
Practitioner understands that, Cura Health 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. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Cura Health.
The consultation fee, paid by the User shall be deposited to Cura Health’s account and Cura Health shall transfer the same amount to the respective Practitioner after every 7 days. The practitioner has to provide their bank account details before creating a telemedicine shift.
PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Nepal. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Cura Health to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Cura Health to include a brief description of the services provided to Practitioner in Cura Health’s marketing, promotional and advertising materials; (b) allow Cura Health to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Cura Health’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Patent, Design and Trademark Act Cura Health hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
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;
threatens the unity, integrity, defence, security or sovereignty of Nepal, 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:
violating or attempting to violate the integrity or security of the Mobile application or any Cura Health Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Mobile application that is disruptive or competitive to the provision of Services by Cura Health;
intentionally submitting on the Mobile application any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Mobile application;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Mobile application;
copying or duplicating in any manner any of the Cura Health Content or other information available from the Mobile application;
framing or hot linking or deep linking any Cura Health Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
Cura Health, 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 that is in contravention of Clauses 5.1 and 5.2. Cura Health shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Cura Health has the right to immediately terminate the access or usage rights of the User to the Mobile application and Services and to remove non-compliant information from the Mobile application.
Cura Health 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 Privacy Act only permit Cura Health to transfer sensitive personal data or information including any information, to any other body corporate or a person in Nepal, or located in any other country, that ensures the same level of data protection that is adhered to by Cura Health as provided for under The Privacy Act, only if such transfer is necessary for the performance of the lawful contract between Cura Health or any person on its behalf and the User or where the User has consented to data transfer.
Cura Health respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
TERMINATION
Cura Health reserves the right to suspend or terminate a User’s access to the Mobile application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third-party reports violation of any of its right as a result of your use of the Services;
Cura Health is unable to verify or authenticate any information provide to Cura Health by a User;
Cura Health has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Cura Health believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Cura Health or are contrary to the interests of the Mobile application.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Mobile application 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 Mobile application 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.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Cura Health, 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 Mobile application or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile application, 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:
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Mobile application;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Mobile application;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Mobile application 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 Mobile application or the Services exceed, in the aggregate NRP 1000/- (Nepali Rupees One Thousand Only).
RETENTION AND REMOVAL
Cura Health may retain such information collected from Users from its Mobile application 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 Privacy Act. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Cura Health and User will be governed by the laws of Nepal.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, or your use of the Mobile application or the Services or information to which it gives access, shall be determined as per the governing law of Nepal. The award shall be final and binding on the parties to the dispute.
Subject to the above Clause 9.2, the courts at Biratnagar shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Mobile application or the Services or the information to which it gives access.
CONTACT INFORMATION
If a User has any questions concerning Cura Health, the Mobile application, this Agreement, the Services, or anything related to any of the foregoing, Cura Health customer support can be reached at the following email address: info.curahealth@gmail.com
SEVERABILITY
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.
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 Cura Health. Any consent by Cura Health to, or a waiver by Cura Health 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.