You have been redirected to this page since you have expressed your willingness to download the Noscura Application (App) and register its services. Please read these Terms of Service (ToS) carefully and click the “I Accept” button at the end of the document once you accept the terms and conditions referred herein. You may register and avail our services only if you accept this ToS. This ToS forms a valid binding contract between You and Noscura Private Limited, the entity which owns the App and provides you with the services. If you are not sure or if you do not accept a part or the entire terms mentioned herein, you shall not access our services under any circumstances. Your use of our service shall be deemed as your acceptance of this ToS.
- This teleconsultation, telemedicine delivery, clinic, laboratory, ambulance, allied services (“Services”), and the mobile based application Noscura (“App”), are owned and operated or used under license by Noscura Private Limited, a company formed under the laws of India having its registered office at Bangalore, Karnataka. The terms “App”, “We”, “Our”, “Us” used anywhere in this document denotes Noscura Private Limited and the term “You”, “Yours”, “User” shall denote the individual availing our Service.
- We aim to provide you healthcare services which currently includes online appointment for online/offline consultation with doctor, delivery of medicines based on doctor’s prescription post consultation, laboratory services, clinic services and ambulance services (“Services”) from your mobile phone and from the comfort of your home/office or any location having a stable internet connection. We keep expanding and updating the list of locations where our Services shall be made available. Kindly confirm if your location is listed before registration.
services in whatsoever manner constitutes your use of the App and your unconditional consent and agreement to be bound by this ToS. We may modify the terms and conditions from time to time and shall provide you with a prior notice, if you are a registered member. You are advised to periodically check for any updates or changes in the ToS. If these terms and conditions are not acceptable in full, you must immediately terminate your use of this App and Services and continued use shall be deemed as your acceptance of the new changes.
- Your Account
- For registration purpose, it is mandatory that you are a person competent to enter a valid contract as per the Indian Contract Act, 1872. On registration we validly assume that you are a person of 18 years or above, is of a sound mind and not an undischarged insolvent person. However, you may register on behalf of a minor. We further assume that you have read and accepted this ToS prior to creating an account with us.
- On creating an account, you shall be provided with or you may create a username and password in compliance with the instructions provided. You cannot use your account for availing the Service on behalf of a third party including your spouse, however, you may create multiple accounts for your family members. Each account shall carry a different username and password. It is your duty to keep your password in safe custody and not to share the same with anyone. We shall not be responsible in case a third party misuses your account using your username and password.
- If you are a User domiciled outside India, as per the prevailing laws, the registered medical practitioners (Doctors) in India may not be able to provide you with professional medical consultation, treatment or prescribe medicines to you. You shall not use the prescription of Doctors to purchase the medicine from any place outside India.
- On registration, you shall be able to avail different schemes offered and you may purchase a scheme on the payment of amount as prescribed therein. Such amount shall be reflected in your e-wallet account of the App.
- Health Manager
- On registration and payment of the subscription fee, you shall have access to Health Manager who will be a staff of Noscura Private Limited. Our Health Manager shall hand hold you at every step including fixing appointments, contacting and coordinating with all service providers like doctors, pharmacy, laboratory, clinic, ambulance services etc., especially if you are not very tech savvy or prefer human interaction to automation. You may contact your Health Manager through the App or through phone/whatsapp messages etc.
- Appointments and Consultation
- You may use the App or contact the Health Manager for fixing an appoint with Doctors of our Providers. For offline consultation, the Health Manager shall assist you in fixing an appointment and shall remind you
once an appointment is fixed. The Health Manager shall also assist you in the event you require any change in the appointment date, time etc., alternatively, the same can be carried out by yourself using the App.
- Our Services includes virtual online consultation sessions with Doctors, through your mobile phone at the comfort of your own home. Online counselling shall be through video sessions and/or audio only sessions. The App is merely a platform which facilitates various Doctors working at Hospitals and health care providers registered with us (“Hospitals”) to provide consultation sessions to you virtually. You may also use our services to avail house visits by doctors/nurses from local Clinics which have partnered with us (Clinics). We take utmost care and responsibility to ensure only legitimate Hospitals and Clinics register with us however, we are only a platform which connects you with a Hospital and hence, we cannot be liable for diagnosis and any errors of the Hospital(s)/Clinics, Doctors or nurses.
- Upon payment of the requisite fee, you can select the Hospital/Clinic from the available list and book an appointment at your convenient times within the time slots made available by the Hospital/Clinic. Your appointment is fixed only when the selected Hospital/Clinics accepts your booking.
- Virtual counselling sessions shall be mainly conducted through video or audio sessions, using your mobile device where the App is installed or accessed (android/apple mobile phones/tablets). You shall ensure general etiquettes be followed during the virtual consultation session and be presentable during the video session. For the sake of your privacy, we urge you to participate in the session in a closed room or anywhere private which is comfortable to you. We shall not be held responsible if a third party at your end overhears and/or records the session.
- You may request house visits from Clinics in case of minor health check ups like monitoring your blood pressure etc. Based on the requirement, the Doctor or nursing staff from the Clinic shall visit you as per the appointment made through the App/Health Manager.
- You are not permitted to record or store recordings of your consultation sessions under any circumstances. We do not record your sessions
under any circumstances however, the Hospital may record any session with your consent.
- We may use third party service provider for bringing you audio and video communication services for virtual consultation. The terms and conditions of such third-party services shall be applicable to you and shall form part of this ToS.
- Virtual consultation is not advisable in case of severe illness and emergencies and in such circumstances, we advice you to contact your nearest hospital for instructions.
- Pharmacy, Laboratory, Clinic and other Services
- Post consultation, in the event the Doctor prescribes medicines, the prescription would be loaded into our system which shall be forwarded to the selected pharmacy registered with us (Pharmacy) by the Health Manager. The Pharmacy shall, upon payment of the required charges, deliver the medicines at your doorstep and such charges shall be collected as cash on delivery or deducted from your e-wallet. The Health Manager shall be responsible for coordinating the same. If requested, the digitized form of prescription shall be made available to you on whatsapp.
- If the Doctor prescribes any test, the same shall be uploaded into your account and our system which shall be forwarded to the nearest laboratory registered with us (Lab). The Health Manager/ Lab shall contact you and shall schedule an appointment based on mutually agreeable convenient timings. You may also contact the Health Manager in case you require any assistance. On completion of the test, the Lab shall forward copies of the test result to your Doctor. The result shall be made available to you via the App and whatsapp. The fee for Lab shall be collected as cash on delivery or deducted from your e-wallet. In the event no sufficient amount is maintained in the e-wallet you shall be required to top it up as desired.
- The App also provides local health clinic services, on request basis. We have made arrangements with local health clinics at select locations to bring you services like doctor home visit and nursing service. The health
clinic shall, upon payment of the required charges, shall provide the requested health services at your home and such charges shall be collected as cash on delivery or deducted from your e-wallet.
- The App also provides emergency ambulance services. We have made arrangements with hospitals and private ambulance services at select locations to bring you this service. In case of an emergency, you may contact the ambulance service nearest to your locality and alternatively, you may request the Health Manager to book an ambulance service for you. The service depends on availability in your locality at the specified time and date. The amount for ambulance service shall be directly made to the ambulance service provider.
- We provide the services to you on a subscription basis. The details of the subscription and payment methods shall be provided to you in detail by the Health Manager or any of our representatives.
- Health Manager shall send you a payment link (via SMS or whatsapp) through which you can make online payment for continued subscription. Fees are subject to revisions, and you are advised to check with the Health Managers or visit the link mentioned here to view the updated charges.
- Once you make a payment, the amount is stored on your e-wallet on the App. You can utilise the amount for availing Services however, no refunds are allowed under any circumstances. All services will be paused once the e-wallet balance amount falls below the minimum amount INR.1000.
- For certain transactions, we provide you the option of direct cash payment to the service provider. If you choose direct cash payment option, we shall not be liable for any service deficiency or payment transaction related issues.
- Third Party Services
- We utilise the services of various third party online and offline service providers to bring you the Services. Apart from hospitals, pharmacies, laboratories, and ambulance services, we use third party online services for facilitating audio/video streaming, payment gateways for online transaction, whatsapp for SMS messaging services, cloud servers for storing data etc.
- We always associate ourselves with only the best-in-class service providers, however, the functionality of the service they provide are beyond our control and hence, we shall not be responsible or liable for any deficiency in the services provided by these third party service providers.
- Intellectual Properties
- All Intellectual Property Rights (IP) in the Service, the App and its source code including modifications and customisations, if any, belongs to Noscura Private Limited and/or its developers/licensors and all IP in other third-party applications and services belong to their respective IP
owners. Any and all marks, contents, trademarks, logos, user interface design, and service marks displayed on the App and our services are registered and unregistered Intellectual Property Rights of Noscura Private Limited and/or third parties who have authorized their use and you shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these IP in any way. In the event of any violation of our Intellectual Property Rights or that of our third-party affiliates, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution.
- User Responsibilities and Representations
- While using our Services you unconditionally agree to the following:
We validly assume that all information provided by you are true and complete and shall not be responsible for any outcome related to false or incomplete information provided. We shall not in any way be liable for any impersonation/ stolen identities and shall not be responsible for any loss or damages caused due to access/ impersonation by a third party.
By using our Service, you hereby provide your consent to: the Doctor to provide offline/virtual consultation; upload your medical history on our server and allow the Doctor and Health Manager to view your medical reports; allow the Doctor to take notes and record your virtual sessions; receive notifications from us via SMS and Whatsapp; The Health Manager to view your medical history uploaded into our server; Pharmacies and Labs to contact you and to share the prescriptions or test results with the Health Manager and Doctors. We validly assume that in case you use the Service for a minor(s), you are the legal guardian of such minor(s).
- Limitations to our Services:
We aim to connect you with our affiliated Hospitals, Pharmacies, Laboratories and Ambulance services (collectively “Providers”) and while we endeavour to bring you the best service possible, we are not responsible for any actions or omissions, or quality of service provided by these Providers. Fixing of appointment depends on several factors including availability of Doctors. A fixed appointment may be postponed due to unforeseen circumstances such as unavailability of the Doctor or other emergencies and since we are only an intermediary, we are not responsible or liable for such incidences. Your medicine delivery may be delayed for unavailability of medicines or delivery personnel. You may have to wait to meet a Doctor or get your lab tests done in-spite of an appointment. You might not be able to get hold of an ambulance at the time of an emergency due to various factors. We shall not be liable or responsible for any deficiency in services of the Providers under any circumstances. Moreover, there are several limitations with virtual consultation as opposed to a physical face to face consultation. Virtual consultation cannot be depended upon in cases of emergencies or when your doctor decides that a visit to hospital is required. Limitations of your camera resolution, picture/document legibility, video clarity, voice clarity etc., do affect the Services, for eg., your Doctor requires a good quality camera, processor and high internet bandwidth to view any problem on your skin. You further acknowledge that the diagnosis and treatment are based on the information provided by you and neither us nor the Doctor shall be liable for wrong diagnosis or medications if the information provided by you are wrong or incomplete. Further, we rely on various third-party service providers and affiliates to bring you this Service and we shall not be responsible for any deficiency in services caused due to service interruption/ issues of such third-party affiliates. In case of connectivity issues like slow internet, device issues etc., we may be forced to switch to audio only mode.
- Attending virtual sessions and house visits:
You shall maintain and follow the general etiquettes and manners during a virtual session/house visit by Doctor/Nursing Staff including but not limited to dressing appropriately. You shall ensure that you are ready at least 15 minutes before the time slot allotted to you. You shall not do any action(s) with the intension to insult, threaten, harass, or harm the Doctor/Staff and shall refrain from using comments which are false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane or sexually oriented during sessions/house visits. You shall not record the virtual sessions under any circumstances. Your Doctor may record the sessions for internal records for the sole purpose of providing you a better service on your next session. You shall follow the instructions made by your Doctor including but not limited to undergo lab tests and provide the results as and when instructed, and follow the prescriptions, if provided. If your Doctor at his/her sole discretion decides that a physical visit to a hospital is necessary for diagnosis, whether in case of emergency or not, you shall follow such instructions immediately. Neither Noscura Private Limited nor the Hospital shall be liable if you fail to follow the instructions properly.
- Your use of our Services:
You shall not use the Services for any illegal purposes. you shall not use the Services for any third party other than yourself. However, you may choose to use the Service on behalf of a minor of whom you are a legal guardian, or, a patient who is under your care with the consent of such patient. When you use the Service as a care giver, we validly assume that you have the consent and permission of the patient for whom you are using the Service for. You shall be solely liable for the consequences of you using our Services. You shall not :
- Access, tamper with, penetrate or use – our servers, computers, (including those of our 3rd party service providers), or other parts of the Application which do not form part of the service.
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- interfere with, or disrupt, (or attempt to do so), the access of any other user or other registered customers, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services.
- Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Application to human-readable form, or to permit third parties to do the same.
- transfer your account to third parties.
- Uploading and transmission of contents:
As part of the Service, you may be permitted to upload media including scanned documents, text, video and audio files either through the App or through third party apps like Whatsapp. This facility is provided to you for the sole purpose of uploading your medical records like lab reports, etc. you shall not or facilitate any third party to upload through our Service or third party app:
- any contents or materials containing profanity;
- any contents or materials which are false, inaccurate or misleading;
- any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
- contents that contain cyber bullying, spams, junk or other related material;
- any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening,
inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
- any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;
- contents that violates or infringes the privacy or publicity or other rights of any party;
- materials or contents that violates copyright, trademark, or other intellectual property rights;
- contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
- contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens 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 foreign states;
- any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
- contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure.
- You agree that we may modify these terms and conditions at any time and we shall as far as possible provide you with a prior notice of such changes. In case you do not agree to any of the modified terms, you shall immediately stop using our Services. Your continued use shall be deemed as your acceptance of the modified terms.
- Disclaimers and Warranties
- EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.
- As stated previously, the App is only a platform which connects you to various Providers. The Providers are independent in their own rights and are not employees of Noscura Private Limited and we shall not be responsible for the actions, omissions or the quality of service provided by the Providers.
- We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server mal-functioning and any other events which we do not have any control of.
- We shall not be liable for the quality and connectivity issues including but not limited to video/audio quality, accessibility of App if the same is affected by the quality of your internet connection, quality of your device, downtime of our servers, or our thirds party affiliates etc.
- Video Consultations must not be scheduled for patients with critical medical conditions and/or for emergencies. Such consultations are suitable only for basic follow-ups between the patient and healthcare provider and/or preliminary consultation before meeting the healthcare provider in person. You are expected to seek immediate medical attention in case of medical emergencies and in situation where medical attention is required. We shall not be liable for any loss or damages including injuries and loss of life for failure to adhere to this ToS and other instructions provided by the health care provider.
- Doctor(s) have certain limitations in prescribing certain drugs through tele medicine platforms, especially when the patient opts for virtual consultation for the first time.
- You hereby agree to indemnify, defend, and hold Noscura Private Limited and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of our Services and for violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto our (or our service provider’s) servers in violation of the provisions contained in this ToS.
- Limitations of Liability
- You shall be solely responsible for the consequence of the use of the Services. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.
- It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Service and any other agreement with you relating to the Services or based on any claim for indemnity or contribution shall not exceed the latest fee that we had collected from you or INR 10000, whichever is the highest.
- Suspension and Termination
- You hereby acknowledge and understand that we reserve the rights to terminate your accounts at any time without assigning any reasons.
- We may suspend or terminate your account if we believe you have violated any terms of this ToS. In case of suspension, your account shall be disabled temporarily until we determine that you have rectified your actions leading to suspension.
- If your account is suspended or terminated was due to any violations of this ToS committed by you, no claim for any refunds shall be entertained.
- You may terminate our Service at any time and contact us to de register your account from us.
- Violation of the terms
- Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.
- Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by us. The venue of such Arbitration shall be in Bangalore, Karnataka, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.
- This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Bangalore, Karnataka, India. The Courts in Bangalore Karnataka, India will have the exclusive jurisdiction to govern the provisions of this ToS.