Terms & Conditions


Terms of use Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet based platform.

1. What is OCURE

1.1 The domain name www.ocure.in , an internet based portal and OCURE a mobile application, is owned and operated by OCURE Technologies Private Limited, a company duly incorporated under the provi‐ sions of the Companies Act, 2013 (hereinafter referred to as “OCURE” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

1.2 Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are in‐ corporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and OCURE on the other Part.

1.3 By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

1.4 The Website is a platform that facilitates

(i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”).

(ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”).

(iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”).

(iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”).

(v) Online purchase of medical equipments sold by various third party manufacturers.

(vi) selling of IOT products.

(vii) Online booking of Ambulance offered by many third party owner.

(viii) Online Counselling forum for Medical Students.

(ix) Online Feel good Forum platform where anyone can share their feelings which will be kept secret by OCURE.

(x) Blood bank facilities where one can donate blood of any group and one who needs can take blood of any group.

(xi) keeping medical records in pdf format which can be downloaded or shared. The Third Party Pharmacies, Third Party Labs, Medical Experts, Third Party Advertisers and The Third Party Owners are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).

1.5 The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, OCURE shall send to You (promotional content including but not limited to emailers, notifications and messages).

1.6 You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. OCURE is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.

1.7 OCURE reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modific‐ ations. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

1.8 As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to OCURE that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

1.9 These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

The Indian Contract Act, 1872 (“Contract Act”).

The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”)

The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”).

The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957.

Pharmacy Act, 1948 (“Pharmacy Act”) and  the Consumer Protection Act, 1986.

1.10 OCURE authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, receiving, delivering, booking, ordering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content and products provided by OCURE including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“OCURE Content”) (collectively, “Content”). The OCURE Content is the property of OCURE and is pro‐ tected under copyright, trademark and other applicable law(s). You shall not modify the OCURE Content or reproduce, display, publicly perform, distribute, or otherwise use the OCURE Content in any way for any public or commercial purpose or for personal gain.

1.11 Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

1.12 These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there un‐ der, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. ELIGIBILITY

2.1 For the purposes of availing the Services and/ or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by OCURE in this regard. As part of the registration process, OCURE may collect the following personal information from You:  Name, User ID,  Email address, Address (including country and ZIP/ postal code),  Gender,  Age, Phone number, Password chosen by the User, Valid financial account information and  Other details as You may volunteer.

2.2 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to OCURE that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

2.3 A registered id can only be utilized by the person whose details have been provided and OCURE does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

2.4 Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.

2.5 You agree and acknowledge that You would

(i) create only 1 (one) account.

(ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website.

(iii) maintain and promptly update Your account information.

(iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer.

(v) promptly notify OCURE if You discover or otherwise suspect any security breaches relating to the Website.

(vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

2.6 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by OCURE for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, OCURE may allow authorized third parties to place or recognize a unique cookie on the browser. OCURE does not store personally identifiable information in the cookies.

2.7 OCURE, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while OCURE investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

 

3. USE OF SERVICES AND THE WEBSITE

3.1 E-Commerce Platform for Pharmaceutical Products –

3.1.1 Platform to facilitate transaction of business:

3.1.1.1 Through the Website, OCURE facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharma‐ cies (“Pharmaceutical Goods and Services”). You understand and agree that OCURE and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. OCURE has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that OCURE shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website. If any products offer by OCURE, then it's sole responsibility of OCURE for that products.

3.1.1.2 You understand and agree that all commer‐ cial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharma‐ ceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.

3.1.1.3 The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. OCURE does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.

3.1.1.4 Through the website, OCURE also sell their own manufacture products like IOT and other equipments then in this case all the contractual terms and condi‐ tions, delayed in time, quality of goods and products and all the relevant terms and conditions are under the acknowledgement and responsibility of OCURE.

3.1.2 Representation as to legal title

3.1.2.1 OCURE does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with OCURE nor shall OCURE have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.

3.1.2.2 OCURE also sell many products especially in case of IOT products then it's the sole responsibility of OCURE regarding its payments, warranties,quality of goods and all related features.

3.1.2.3 You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.

3.1.3 Non-Performance of Contract You accept and acknowledge the following:

3.1.3.1 OCURE is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;

3.1.3.2 OCURE cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;

3.1.3.3 The Third Party Pharmacy(s) are solely re‐ sponsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, OCURE is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

3.1.3.4 OCURE shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, OCURE does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.

3.1.4 Exhibition of drugs and publication of Third Party Pharmacies content on the Website

3.1.4.1 You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

3.1.4.2 The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

3.1.4.3 You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceut‐ ical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that OCURE provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. In particular, product is of OCURE then all the above mentioned conditions are the responsibility of OCURE. You agree and acknowledge that OCURE has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold OCURE responsible or liable for any damages arising out of such reliance on third party user generated content by You.

3.1.5 Prescription Drugs

3.1.5.1 The Website is a platform that can be used by the Users to purchase various drugs and pharmaceut‐ ical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharma‐ cies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to OCURE. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by OCURE until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription avail‐ able at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

3.1.5.2 OCURE shall maintain a record of all the prescriptions uploaded by the Users. 3.1.6 Substitution of Prescribed Drugs

3.1.6.1 You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.

3.1.6.2 You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

3.1.7 Invitation to offer for sale

3.1.7.1 Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, OCURE shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.

3.1.7.2 In case of Feel Good Forum,, OCURE takes all responsibilities regarding the information leak, wrong suggestions or any types of misleading happens.

3.1.7.3 In case of Medical documents, OCURE takes full responsibility of keeping your datas and informations secret and not to share with any other persons.

3.1.7.4 In case of blood bank facilities, Always ensure service providers to first check your health condition and then allow him to do so. If you are unfit and not in condition of donating blood then Say "NO" to service providers, if service providers misbehave to you then it's your responsibility to inform OCURE and in case of providing the blood always ensure that the blood group is according to your need or not.

3.1.7.5 For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.

3.1.8 Transfer of Property and Completion of Sale

3.1.8.1 Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).

3.1.8.2 You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.

3.1.8.3 The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.

3.1.9 Delivery of Drugs

3.1.9.1 You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and to carry it to the address notified by You. 3.1.9.2 You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.

3.2 Advertising Guidelines for the Website 

3.2.1 As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).

3.2.1.1 For the Users: OCURE clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.

3.2.1.2 For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.

3.2.1.3 General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. OCURE may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. OCURE may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

3.2.1.4 Review: All the advertisements are subject to the review and approval of OCURE. OCURE reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, OCURE also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

3.2.1.5 Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited: 

Content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class.

Content depicting nudity, sexual behaviour, or obscene gestures.

Content depicting drug use,

Content depicting excessive violence, including the harming of animals. 

Shocking, sensational, or disrespectful content.

Deceptive, false or misleading content, including deceptive claims, offers, or business practices.

Content that directs users to phishing links, malware, or similarly harmful codes or sites

Content that deceives the Users into providing per‐ sonal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.

3.2.1.6 Prohibited Advertisements: Advertisements for the following products and services are prohibited:

Adult products and services (other than contraceptives; see below). 

Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products.

Products or services that bypass copyright protection, such as software or cable signal descramblers.

Products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy. 

Get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers.

Illegal or recreational drugs or drug paraphernalia.

Counterfeit, fake or bootleg products, or replicas or imitations of designer products ,firearms, weapons, ammunition, or accessories, advertisements that promote particular securities or that provide or allege to provide insider tips.

Any illegal conduct, product, or enterprise unapproved pharmaceuticals and supplements, prescription drugs, products that have been subject to any government or regulatory action or warning.

Products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance  material that directly advertises products to or is intended to attract children under the age of 13.

3.2.1.7 Prohibited Advertisements under the Drugs and Magic Act: subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for the procurement of miscarriage in women or prevention of conception in women or the maintenance or improvement of the capacity of human beings for sexual pleasure or  the correction of menstrual disorder in women or  the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except:

(i) In respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies or  prohibition of misleading advertisements relating to drugs, subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:

(I) Directly or indirectly gives a false impression regarding the true character of the drug

(ii) Makes a false claim for the drug

(iii) Is otherwise false or misleading in any material particular. It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.

3.2.1.8 Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis: 

Advertisements that promote or reference alcohol

Advertisements for online dating services

Advertisements for gambling and games of skill

Advertisements for lotteries

Advertisements for financial services

Advertisements for contraceptives

Aadvertisements for online pharmacies or pharmaceuticals

political advertisements.

3.2.1.9 Testimonials & Endorsements: any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid.

OCURE recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified  a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).

 

3.3 Editorial Policy for the Website

3.3.1 As part of the Services, OCURE provides OCURE Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. OCURE Content is subject to the following rules/ information:

3.3.1.1 OCURE Content is original and is relevant to the general public.

3.3.1.2 topics for OCURE Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals.

3.3.1.3 topics for OCURE Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others.

3.3.1.4 editorial board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month," and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like ayurveda, homeopathy and much more.

3.3.1.5 OCURE maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting.

3.3.1.6 the member of OCURE has to fully disclose any potential conflict of interest with any of the Third Party Service Providers.

3.3.1.7 OCURE’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues;

 

3.4 Diagnostics Services –

3.4.1 As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

3.4.1.1 Terms for use of the Diagnostic Services:

OCURE provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. OCURE is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Web‐ site. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers.

User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by:

(a) these Terms of Use,

(b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

The Third Party Labs may not access the Services if the Third Party Labs are OCURE’s direct competitor, except with OCURE’s prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

OCURE will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond OCURE's reasonable control, including without limitation Force Majeure Events (as defined herein below). OCURE will provide the Services only in accordance with applicable law(s) and government regulations.

The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against OCURE’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.

Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and OCURE shall have no liability or responsibility in this regard. OCURE does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.

Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and OCURE shall have no liability or responsibility in this regard. OCURE does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.

OCURE may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while OCURE investigates complaints or alleged violations of these Terms of Use, or for any other reason. OCURE has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact OCURE immediately for such corrections. OCURE shall have no liability or responsibility in this regard.

 

3.5 Terms for use of the Online Doctor Consultancy Services:

3.5.1 OCURE is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. OCURE ’s Medical Experts are not "Your" physician or healthcare provider.

3.5.2 NO DOCTOR-PATIENT RELATIONSHIP: OCURE does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.

3.5.3 You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby OCURE has an independent contractor relationship with such Medical Experts and therefore in no event OCURE will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.

3.5.4 You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Pharmacies. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then we will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to you.

3.5.5 You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You 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 doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.

3.5.6 OCURE is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On OCURE You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.

3.5.7 Even if Your real life doctor is on OCURE, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.

3.5.8 We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.

3.5.9 The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and OCURE shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.

3.5.10 The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of OCURE, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. OCURE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of OCURE.

3.5.11 The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and OCURE disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

3.5.12 OCURE (the owners and the employee staff of OCURE), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.

3.5.13 OCURE makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by OCURE employees. OCURE is not responsible for transmission errors, corruption of data.

3.5.14 OCURE is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.

3.5.15 The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unau‐ thorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her 1mg profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

3.5.16 Your right to use the Services is not transferable.

3.5.17 Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and OCURE shall have no liability or responsibility in this regard. OCURE does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.

3.5.18 The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to OCURE for the purposes of monitoring the quality of the consultation.

3.5.19 OCURE may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while OCURE investigates complaints or alleged violations of these Terms of Use, or for any other reason. OCURE has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.

3.5.20 The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website are not diagnostic in nature

3.5.21 Risks of using OCURE’s Services

As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:

(i) While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts 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 Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts 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, OCURE strongly encourages You to be in touch with an on-ground physician and share the OCURE's opinion with him/her.

(ii) By requesting a medical opinion through the Website, You acknowledge and agree that:

(a) the advice/information/opinion on diagnosis You may receive could be limited and provisional.

(b) the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship.

(c) 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 on online or offline consultation, or procedure, and/or treatment.

(d) the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void.

(e) in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query.

(f) in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith.

(g) in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.

(h) delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.