Terms and Conditions

These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.

Preface:

  1. This Website www.cystercare.com (“Website”) and CysterCare(“Mobile Application”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated by Three Branches Healthcare Private Limited. A private limited company incorporated under Laws of India, having its registered office at, 30, Bharathi Cross St, Gomathipuram, Madurai – 625020 and having one of its office at New No.5, Old No.69, Southern Side First Floor, Kalaimagal Nagar Third Main Road, Ekkattuthangal, Chennai-600032 (hereinafter referred to as “CysterCare”).

Entire Agreement:

  1. This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.

Changes

  1. CysterCare reserves its rights to modify, update, change, edit, alter, amend, revise or substitute (collectively “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the Digital Platform.
  2. Any material changes will be notified to the User(s) either through the Services, email(s), SMS or in-app push notifications. User(s) are encouraged to review these Terms periodically for any updates or Revisions. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.

Acknowledgement:

  1. Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available at www.cystercare.com The Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing/browsing the Website/ Mobile Application for any information and/or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access/use thereof.
  2. CysterCare reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.

Eligibility for accessing and availing the available Services on the Digital Platform:

  1. Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by CysterCare is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory

Definitions:

  1. “Agreement” means these Terms and Conditions of Use, together with Privacy, Policy (available at www.cystercare.com), and additional terms wherever applicable,
  2. “Digital Platform” or “Platform” collectively refers to the Website and Mobile Application,
  3. “EMR” means Electronic Medical Record,
  4. “HCP” means Healthcare Professionals who are entitled to practice medicine in India,
  5. “Health Vault” means a virtual locker (identified as “Reports” or “SeCure” or “Health Locker” or such other nomenclature in the Mobile Application) where User(s) can store their health records/reports including but not limited to EMR,
  6. “HSP” means Healthcare Service Provider providing pathology services, pharmacy services, health content services, health fitness services as the context may require and is a Third Party Service Provider,
  7. “Instant services” means either telemedicine consultation or Instant chat consultation rendered by available HCP,
  8. “Emergency services” shall include but not limited to those medical services required for the immediate diagnosis and treatment of medical condition of an individual and if no immediate attention or treatment is given may lead to serious physical or mental disability, injury or other serious consequences,
  9. “Mobile Application” means CysterCare mobile application which User(s) can download from Google Play Store or Apple App Store,
  10. “Party” or “Parties” shall mean HCP, HSP, User(s) collectively or individually as the context may require
  11. “Services” means healthcare services including but not limited to (a) consultation with HCPs (b) video consultation with HCPs (c) telemedicine consultation /Instant chat consultation with HCPs (d) Pathology laboratory services (e) pharmacy services (f) health content services (g) health fitness services (h) medication reminder services, available from time to time through the Digital Platform, and rendered either directly by CysterCare or respective Third Party Service Provider(s),
  12. “Third Party/Parties” means any party other than CysterCare and the User(s),
  13. “Third Party Service Provider(s)” means those persons or entities including but not limited to HCPs/HSPs who are listed on the Digital Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Third Party Service Provider are alone liable for such accepted Services,
  14. “Territory” means the Republic of India,
  15. “Unregistered User” means any visitor to this Digital Platform,
  16. “User(s)” means any person competent to contract under Indian Contract, 1872 and created a User Account. User(s) may be referred to as You, Your, him, her they, as the context may require,
  17. “User Account” means the account created by the User(s) (pursuant to the acceptance by CysterCare), on the Digital Platform by submitting their details as is required, for availing or providing the Services,
  18. “Website” means www.cystercare.com/

Interpretation :

In this Agreement,

  1. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.
  2. The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
  3. Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
  4. No rule of construction or interpretation shall apply to the disadvantage or detriment of CysterCare for having control or being responsible for the preparation of this Agreement.

Access to Usage of Digital Platform:

  1. The Digital Platform can be browsed and accessed by Unregistered User(s) as well as User(s)
  2. User(s) acknowledge that Services being rendered by Third Party Service Provider(s) are governed by respective Third Party Service Provider(s) terms and conditions. User(s) agree to read, understand and accept such terms and conditions available on respective Third Party Service Provider(s) website/mobile application(s) before booking/ordering/availing Services from such Third Party Service Provider(s).
  3. CysterCare shall not be responsible or liable, in any way, for any act or omission on part of any Third Party Service Provider(s).

User Account:

  1. For availing any Services on the Platform, the User(s) need to create a User Account by entering certain information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id and password
  2. CysterCare subject to the terms of this Agreement may accept the User Account creation request. The creation of User(s) Account shall be at the sole discretion of CysterCare. User(s) can create multiple accounts for their family members using the same credentials and avail the available Services.
  3. The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a User Account, on the Digital Platform and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by CysterCare.
  4. User(s) can rectify any discrepancies (except for change in Mobile Number) in their User Account information by reporting the same to CysterCare. Notwithstanding the foregoing, CysterCare may reject the request of the User to edit, update or modify the User’s Account if such request is violative of applicable laws or in breach of these Terms.

Services:

  1. The Registered User(s) may access or avail the following Services,
    • Book an appointment for consultation with Healthcare Professionals;
    • Video Consultation with Healthcare Professionals for non-emergency medical care;
    • Tele-medicine consultation with Healthcare Professional for non-emergency medical care
    • Book an appointment for Diagnostic Services (Pathology Laboratory Services);
    • Order for Online Prescription medicine (Pharmacy Services);
    • Health and Nutritional information (Health Content Services);
    • Health Fitness Services;
    • Medication Reminders;
    • Rewards Program Delivery of pharmaceutical goods and services offered for sale by the HSP;
    • Doctor prescribed medicines/drugs delivery;
    • OTC drugs delivery;
    • Built-in app features such as health trackers, medicine reminders, storage and display of Your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding Your family members;
    • Such other services may be intimated from time to time.
  2. The Services referred under clauses (a), (b), (c), (f), (g), (h), (i) above may be offered by CysterCare or concerned Third Party Service Provider(s). The Services referred in clauses (e), (f), are offered only by concerned Third Party Service Provider(s).
  3. At the time of availing the Services the User(s) will be made available the information regarding the Third Party Service Provider(s) who are providing the chosen services and the User(s) may opt the services from the desired Third Party Service Providers.
  4. User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.
  5. CysterCare at its discretion can provide or facilitate the Services in the following manner,
    • against payment of Service Fees/Charges,
    • free of charge,
    • by offering some
    • discounts/concessions, against redemption of points accrued by the User(s),

Terms of the Services :

Book an appointment for consultation with Healthcare Professionals:

  1. CysterCare lists the profile of HCPs on its Platform.
  2. User(s) may search the Platform for HCPs for the available specialties/ therapeutic areas.
  3. From the results displayed the User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot.
  4. Pursuant to booking CysterCare will send a communication to the User(s) informing the booking details.
  5. The User(s) is/are required to visit the Clinic of HCP at least 15 minutes prior to the Schedule appointment.
  6. User(s) may reschedule the confirmed appointment until 1 hour prior to the schedule appointment.
  7. User(s) may at the time of booking appointment permit HCP’s to access their Health Vault.
  8. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Health Vault. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later than two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.

Disclaimers:-

In the event,

  1. any schedule appointment is subsequently cancelled by HCP or
  2. the HCP is not available for providing the Services on the schedule date and time of appointment.CysterCare shall be under no obligation to arrange for fresh appointments. However, subject to the availability of the concerned HCP, CysterCare may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.In case the User(s) has prepaid for an appointment with concerned HCP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded to the User(s) account.

In the event,

  1. the User(s) chooses any wrong specialty or therapeutic area for consultation,
  2. the User(s) gives wrong or unauthorized information.CysterCare shall not be responsible or liable for any consequences arising therefrom.

User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that CysterCare shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on CysterCare or any other person/party.

The display of any search results on the Platform is on an “as is” basis (as per the details made available by the HCPs).

User(s) acknowledges and agrees that Services that CysterCare is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between CysterCare and the User. However, the foregoing shall not apply to any healthcare services that CysterCare may directly provide through the Platform.

Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. CysterCare shall not be liable for any loss/damages suffered by a User due to unauthorized use of the User’s health data by persons to whom access is given by the User.

Video Consultation with HCP (Healthcare Professionals) for non-emergency medical care:

  1. CysterCare lists the profile of HCPs on its Platform.
  2. User(s) may search the Platform for HCPs for the available specialties/ therapeutic areas.
  3. From the results displayed the User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot.
  4. Pursuant to booking, CysterCare will send a communication to the User(s) informing the booking details.
  5. The User(s) is required to log in at the scheduled time.
  6. User(s) may reschedule the confirmed appointment until 1 (one) hour prior to the scheduled appointment.
  7. Users may at the time of booking appointment permit HCP’s to access their Health Vault.
  8. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Health Vault. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later than two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.
  9. User(s) are advised to have a follow-up face to face visit with the HCP with whom the User(s) have availed Video Consultation Services and correlate the outcome of such video consultation with the HCP.

Disclaimers:

In the event,

  1. any schedule appointment is subsequently cancelled by HCP or
  2. the HCP is not available for providing the Services on the schedule date and time of appointment.

CysterCare shall be under no obligation to arrange for fresh appointment. However, subject to the availability of the concerned HCP, CysterCare, may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.

In case the User(s) has prepaid for an appointment with concerned HCP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded to the User(s) account.

In the event,

  1. the User(s) chooses any wrong specialty or therapeutic area for consultation,
  2. the User(s) gives wrong or unauthorised information.

CysterCare shall not be responsible or liable for any consequences arising therefrom.

In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, CysterCare although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation with concerned HCP and does not intend to avail the fresh consultation pursuant to the events occurred under this clause (III), the prepaid amount shall not be refunded to the User(s) account.

User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that CysterCare shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on CysterCare or any other person/party.

The display of any search results on the Platform is on “as is” basis (as per the details made available by the HCPs).

User(s) acknowledges and agrees that Services that CysterCare is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between CysterCare and the User. However, the foregoing shall not apply for any healthcare services that CysterCare may directly provide through the Platform.

Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. CysterCare shall not be liable for any losses/damages suffered by User due to unauthorized use of User’s health data by persons to whom access is given by the User.

Tele-medicine/Instant chat consultation with HCP for non-emergency medical care (Instant services);

  1. User(s) may contact on InstaDoc or use the Instant chat option for connecting with available HCP for non-emergency medical care assistance.User(s) hereby expressly provide their consent to CysterCare to record their telephonic and chat conversations during their interaction with HCPs and other support staff and CysterCare can use it for training and quality purposes
  2. The available HCP shall, depending upon the problems and details communicated by the User(s), provide appropriate medical advice if the same is within his/her therapeutic domain. If no medical advice could be rendered by available HCP, User(s) are advised to consult with the nearest available doctor/hospital/clinic.
  3. If any medical advice is given by the available HCP during Instant services, the User(s) will be sent a consultation summary to the User(s) Health Vault, User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and not later than two days of receipt, else the details in the EMR/consultation summary shall be treated as final.
  4. Users may permit HCP’s to access their Health Vault.User(s) are required to have a follow up face to face visit with an HCP and correlate the outcome of telemedicine consultation/Instant chat consultation. User(s) may book appointments of HCP through the Platform or visit any other doctor of their choice.

Disclaimers:

In the event,

  1. Instant services are not available on the Platform when the User(s) logs in for availing the same, User(s) will be informed regarding the availability of Instant- Assist services once the services are restored. User(s) can also call CysterCare Customer Care number and enquire about the approximate time for availability of Instant services. User(s) further agree not to hold CysterCare responsible for non- availability of Instant services.

In the event,

  1. the User(s) gives wrong or unauthorized information.CysterCare shall not be responsible or liable for any consequences arising therefrom.

In the event there are disruptions, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, CysterCare although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation and does not intend to avail the fresh consultation pursuant to the events occurred under this clause (III), the prepaid amount shall not be refunded back to the User(s) account.

User(s) acknowledge and agree that the concerned HCP from whom Instant services are availed, shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that CysterCare shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on CysterCare or any other person/party.

User(s) acknowledges and agrees that Services that CysterCare is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between CysterCare and the User. However, the foregoing shall not apply for any healthcare services that CysterCare may directly provide through the Platform.

Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. CysterCare shall not be liable for any losses/damages suffered by User due to unauthorized use of User’s health data by persons to whom access is given by the User.

Order for Diagnostic Services (Laboratory Services):

  1. CysterCare lists the profile of HSPs on its Platform.
  2. User(s) may search the Platform for HSPs for the available specialties/ therapeutic areas.
  3. From the results displayed the User(s) may choose the desired HSPs from where the User(s) intends to avail the Services.
  4. User (s) may select the desired test(s) and may opt to visit HSP (s) facility for giving the test(s) sample or request for home collection services by booking an appointment at the available times slot.
  5. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.
  6. User(s) are required to make payment as generated based on test(s) ordered. Payments can be made through the available payment options.
  7. User(s) will receive their test(s) reports directly in their Health Vault or through secured email accounts, if any, shared by the User(s).

Disclaimers:

In the event,

  1. The HSP is not available for providing the Services on the scheduled date and time of User(s) visit to HSP’s facility.
  2. If HSP does not provide, cancels or delays in providing home collection services on the time slots booked by the User(s)

CysterCare shall be under no obligation to arrange for a fresh appointment. However, subject to the availability of the concerned HSP, CysterCare, may arrange for a fresh appointment for the User(s) to either visit the HSP’s facility for giving the test(s) samples or arrange for home collection services, as per the mutually agreed time slots between User(s) and HSP(s) and this shall be the sole remedy for the User(s) herein.

In case the User(s) has prepaid for an appointment with concerned HSP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded to the User(s) account.

In the event,

  1. the User(s) chooses wrong test(s) for investigation/diagnosis or
  2. the User(s) gives wrong or unauthorized information.

CysterCare shall not be responsible or liable for any consequences arising therefrom.

In the event, the User(s) misreport their prescription, personal details and information, neither CysterCare nor HSP shall be liable for the consequences arising therefrom.

User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the test(s) reports, diagnosis (collectively referred to as “HSP services”) or (ii) for medical negligence arising out of such HSP services. User(s) acknowledge that CysterCare shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on CysterCare or any other person/party.

The display of any search results on the Platform is on an “as is” basis (as per the details made available by the HSPs).

User(s) acknowledges and agrees that Services that CysterCare is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between CysterCare and the User.

Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCP(s) or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. CysterCare shall not be liable for any losses/damages suffered by User due to unauthorized use of User’s health data by persons to whom access is given by the User.

User(s) are advised to correlate the test result values appearing in digitized format on the Platform with values appearing in the PDF format/report shared by the HSP(s).

Any discrepancies found in the values appearing in the digitized format should be notified to CysterCare for rectification.

Any discrepancies found in the values appearing in the PDF format should be notified to the concerned HSP for rectification. In the event any request is made by the User(s) with CysterCare for rectification of any errors in the PDF format, CysterCare, although is under no obligation, may make reasonable efforts, to coordinate with the concerned HSP and update the User(s) with the outcome therefrom.

User(s) agree that they shall rely only on the PDF format of test (s) results shared by concerned HSP. User(s) agree that HSP(s) are alone responsible for any discrepancies in the tests results shared by HSP(s), and further agree to make/report their grievances with reference to any discrepancies in the test(s) reports with the concerned HSP(s).

The test sample collection timings shown on the Platform are indicative and are subject to change depending on availability of the HSP(s).

In the event any collected test sample is not usable, then the test sample will be again drawn without any extra cost to the User(s).

Order for Online Prescription medicine (Pharmacy Services):

  1. CysterCare lists the profile of HSP(s) on its Platform.
  2. User(s) may search the Platform for the prescribed medicines and select the required medicines.
  3. From the results displayed the User(s) may choose the desired HSP(s) from where the User(s) intends to avail the Services.
  4. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.
  5. User(s) are required to make payment as generated based on medicine(s) ordered. Payments can be made through the available payment options.
  6. User(s) will receive the ordered medicines at the address specified by them.

Disclaimers:

In the event,

  1. any confirmed order(s) is subsequently cancelled by HSP or
  2. the HSP is not able to deliver or service the order(s)

Although CysterCare is under no obligation to arrange for a fresh order, however, subject to the availability of the concerned HSP/medicines, CysterCare, may make reasonable efforts to arrange for placing a fresh order and arrange for the delivery. In the event fresh order cannot be made, User(s) will be advised to rebook their order(s) through other available HSP(s). In case User(s) has made any advance payment and order has not been confirmed/delivered, CysterCare will arrange the refund to the User(s) account as per the Refund Policy.

In the event,

  1. the User(s) chooses wrong medicine(s) for delivery or
  2. the User(s) gives wrong or unauthorized information.

 

CysterCare shall not be responsible or liable for any consequences arising therefrom.

In the event, the User(s) misreport their prescription, personal details and information, neither CysterCare nor HSP shall be liable for the consequences arising therefrom.

User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the medicine(s) ordered, wrong delivery of medicines, service related issues, discrepancies (collectively referred to as “HSP services”) or (ii) for medical negligence arising out of such HSP services. User(s) acknowledge that CysterCare shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on CysterCare or any other person/party.

The display of any search results on the Platform is on an “as is” basis (as per the details made available by the HSPs).

User(s) acknowledges and agrees that Services that CysterCare is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between CysterCare and the User. 

CysterCare is not responsible for any wrong delivery of medicines by the HSP(s). In case of any discrepancies or service related issues, the User(s) are required to address their grievances with the respective third-party HSP.

In a force majeure situation if a confirmed order is not delivered, CysterCare’s obligation is limited to arranging the delivery of order at the earliest available time.

For detailed terms and conditions please get in touch with the concerned HSP as under,

Health and Nutritional information (Health Content Services):

  1. CysterCare lists certain generic health and general content on various health subjects and general topics;
  2. This health and general content belong to (a) third-party content writers, or (b) CysterCare;
  3. The third-party health content is governed by respective Third-Party Service Providers terms and conditions.

Terms and Conditions for Health Contents by CysterCare

The Health Content is for informational purposes only and is not a substitute for professional medical advice, treatment or diagnosis nor constitutes recommendations for any health condition. User(s) are required to consult the HCP and take guidance/treatment as may be required based on the health condition they may have without any delay.

Disclaimers:

  1. Relying on any content will be at the sole discretion and risk of the User(s) and subject to the User(s) consultation with their healthcare professionals. CysterCare does not warranty the accuracy of the contents
  2.  Based on the Health Data and information/logs shared by User(s), CysterCare may recommend some health tips to the User(s). Any tips given by CysterCare to the User(s) are only suggestive and not prescriptive.
  3.  CysterCare shall not be liable for any health tips that it may share based on wrong data/information shared by User(s).

Health Fitness services:

  1. User(s) may sync their health and fitness data generated from Google Fit (Android User(s) and Apple Health (iOS User(s)) fitness applications with the Platform.

Disclaimers:

  1. Any data synced by the User(s) on the Platform is at User(s) sole discretion and User(s) are advised to read the terms and conditions of their respective fitness applications before sharing/syncing their fitness data with the Platform
  2.  Relying on any content/data, whether generated, accessed or otherwise, under health fitness services, will be at the sole discretion and risk of the User(s) and User(s) are advised to consult with their health care professionals for necessary advice. CysterCare does not warranty the accuracy, completeness or effectiveness of the contents.
  3. Based on the health data, information and logs shared by User(s), CysterCare may recommend some Health tips to the User(s). Any tips given by CysterCare to the User(s) are only suggestive and not prescriptive. User(s) should independently verify from any health care professional, any Health tips which they may receive on CysterCare.
  4.  CysterCare shall not be liable for any health tips that it may suggest to any User(s).

Medication Reminders:

  1.  The Medication reminder module on the Mobile Application allows the User(s) to add reminders from the medical prescriptions advised by their doctors.
  2.  The User(s) will get medication reminders which would be offline notifications like alarm reminders.
  3.  The User(s) may edit and delete any active reminders.
  4.  The User(s) can also track the adherence of their medication reminders and will also be able to see the detailed view of the current medications and the past medications the User(s) have taken.

Disclaimers: 

  1. The medication reminders are only a supplementary way of reminding you (User(s)) to take medications prescribed by User(s) doctor/health practitioner and are based on the data entered by the User(s).
  2. User(s) agree that on receiving the medication reminder they shall refer to their medical prescription and then only take their medication as advised by their doctor/health practitioner.
  3. The medication reminders work only when the User(s) mobile device is switched on, in working condition and without any internal device issues. User(s) agree that in the event they are unable to receive any medication reminders due to their mobile device not being switched on or not in working condition or facing internal device issues, they shall not make any claim on CysterCare. User(s) are advised to get their mobile device repaired and also get in touch with the CysterCare Support team for appropriate guidance and this shall be the sole remedy for the User(s).

Rewards Program:

  1. CysterCare hosts various rewards program(s) for the benefit of the User(s) on its own and/or through Third-Party Service Provider(s).
  2. User(s) who participate in these reward program(s) may be issued with health points (referred to herein as CysterCoins). The User(s) who wish to participate in the reward program(s) are required to read the terms and conditions for each such reward program as circulated separately from time to time on the Digital Platform.
  3. Unless otherwise specified, the CysterCoins accrued by the Users’ shall be valid for 60 (Sixty) days from the date of its accrual.
  4. CysterCare may at its sole discretion extend or modify the validity period of the CysterCoins from time to time.

Disclaimers:

  1. If the User(s) redeems the CysterCoins for obtaining semi closed loop cards offered by Third Party Service Provider(s) and such redeemed semi closed loop card is not usable, User(s) may contact the CysterCare Support Team (care@cystercare.com) and provide the required details. CysterCare although under no obligation, may on reasonable effort basis, coordinate with Third Party Service Provider(s) and update the User(s) on the status thereof.
  2. Only health activity data generated from CysterCare Platform will be considered for calculating health points/CysterCoins.
  3. CysterCoins can be redeemed either for CysterCare Services or for semi closed loop cards offered by Third-Party Service Provider on such terms and conditions as may be specified or communicated by the Third Party Service Provider(s).
  4. If any ordered CysterCare Service through redemption of health points/CysterCoins is cancelled by the User(s), the redeemed points will be reversed to the User(s) account.
  5. If any semi closed loop cards are obtained by the redemption of CysterCoins by the User(s), the same cannot be cancelled by the User(s).
  6. Maximum amount that can be generated by redemption of CysterCoins shall not exceed INR 10,000 (Indian National Rupees Ten Thousand Only) per annum.
  7. Granting of health points/CysterCoins is at the sole discretion of CysterCare. In case of any dispute with any User with respect to grant of health points/CysterCoins, then the decision of CysterCare in the matter shall be final and binding.
  8. CysterCoins granted under the reward program(s) shall be governed by terms and conditions as mentioned from time to time on the Digital Platform.
  9. CysterCare may withdraw the Reward Program(s) at any time with or without notice.

Referral Program:

  1. CysterCare may from time to time offer various Referral Programs on the Digital Platform on such terms and conditions as may be specified.
  2. User(s) may share referral code provided by CysterCare with Third Party Individuals (“Referred Person”) for creating a User Account on the Digital Platform. The User(s) acknowledge that their participation in the Referral Program shall be subject to this Agreement, other terms and conditions as specified from time to time on the Digital Platform and the User(s) intending to participate in such Referral Programs consent to the same. The Users who participate in the Referral Program by sharing the referral code with Referred Persons shall hereinafter be referred as “Referrer” and shall be deemed to have consented to all applicable terms and conditions of such Referral Programs.
  3. Unless otherwise specified in the concerned Referral Program,
    • One referral code can be used at the time of creation of maximum 50 User Accounts by the Referred Persons.
    • In the event the Referred Person creates a User Account using the referral code shared by the Referrer, CysterCare may share a referral coupon with the Referred Person through which the Referred Person may unless otherwise specified by CysterCare on the Digital Platform,avail the first Consultation on the Digital Platform (either Insta Assist Services/Scheduled Consultation) with the HCPs at a concessional rate subject to a maximum concession as applicable at the relevant point in time as indicated on the Digital Platform and provided the Referred Person applies the coupon code at the time of availing the first Consultation on the Digital Platform. The referral coupon for availing the first Consultation at concessional rate on the Digital Platform would be valid only for such time period as mentioned in the terms and conditions of the concerned Referral Program.
  4. On the successful completion of the first Consultation of the Referred Person through the User Account created using the referral code, CysterCare may grant CysterCoins to the Referrer, at CysterCare’s sole and absolute discretion.
  5. Subject to Clause ‘d’ here in above, and irrespective of Referred Person applying the referral coupon at the time of availing the first consultation or not, CysterCare may credit such amount of CysterCoins to the Referrer under the Referral Program as applicable at the relevant point in time and indicated on the Digital Platform.
  6. The CysterCoins granted under the Referral Program shall be valid for a period of 60 (Sixty) Days from the date of its accrual.

Disclaimers:

  1. The grant of concession/CysterCoins under the Referral Program shall be at the sole and absolute discretion of CysterCare. In the event of any dispute regarding grant of concession/CysterCoins under the Referral Program, CysterCare’s decision shall be final and binding.
  2. CysterCoins granted under the Referral Program shall be governed by terms and conditions as mentioned from time to time on the Digital Platform.
  3. Number of CysterCoins granted to the Referrer under the Referral Program shall be at the sole discretion of CysterCare.
  4. The referral code cannot be used/redeemed in conjunction with any other programs/packages that are available on the Digital Platform other than for the purpose mentioned in Clause 10(c) hereinabove.
  5. If the Referred Person creates a User Account on the Digital Platform using the referral code and subsequently completes the first transaction on the Digital Platform without applying the referral coupon, such Referred Person may be credited with CysterCoins (if any) that are applicable at the relevant point in time and the Referred Person will not be entitled to use the referral coupon after completing such first successful transaction on the Digital Platform.
  6. User(s) shall not be entitled to any other compensation or otherwise for participation in the Referral Program; except the CysterCoins as applicable at the relevant point in time as specified in the concerned Referral Program and as per the terms of this Agreement.
  7. CysterCare may withdraw the Referral Program at any time with or without notice.

Terms and conditions for Package Subscriptions (‘Subscription Package(s)’):

  1.  Consultation with HCPs (Healthcare Professionals)

The Subscription Package offered on the Digital Platform are only for the registered Users

Consultations
Subscription Package(s) can be used only for consulting HCPs as indicated for the Subscription Package(s)
Available options
  1. Individual User
  2. Family (Primary User + 5 individuals – total 6 persons)
Number of Consultations for Subscription Package(s)
Subject to Fair Usage Policy (FUP), CysterCare reserves the right to refuse to connect the User with HCPs, suspend, block or deactivate the User account if in its opinion the User has violated, abused, misused the FUP or any of the Terms herein
Follow-up Consultations

Availability for follow-up consultation will be package and specialty specific.

For unlimited packages, there will be no separate follow-up consultations and all consultations will be counted separately.

For limited consultation packages, follow-up consultations will be specified for such specialty and will be made available.

Steps for Activating and Using the GP Subscription Package
  1. Primary registered User can choose and select the person who can avail Subscription Package(s)
  2. Primary Registered User can select the person in the User account who can configure the Subscription Package(s) before its first use.
  3. Once the Subscription Package(s) is successfully used, the configuration cannot be changed.
  4. Any additional person added to the User account will automatically get added to the Family Package.
Invoicing

User(s) of Subscription Package(s) can choose the option in whose name (persons registered under the User Account) the invoice needs to be generated.

Invoice generation is mandatory and without generation of invoice, Users cannot start using the Subscription Package(s)

Appointment Confirmation
Appointment Confirmation document will be generated in the name of the concerned person for every appointment booked under the Subscription Package(s).
Cancelled Appointments

Any confirmed appointment cancelled prior to 2 hours of scheduled time of appointment shall not be taken into account for calculating the number of Consultations under the Subscription Package(s).

Purchase of Subscription Package(s) using CysterCoins/coupon codes

Users can apply coupon codes or use CysterCoins to purchase Subscription Package as per the details available from time to time in the rewards section on the Digital Platform.

Limited Time Packages

CysterCare may, at its discretion, offer or recommend limited time packages at concessional/special rates after User completes a transaction on the Digital Platform and such limited time packages will be available only for the duration as may be indicated or specified by CysterCare.

The User will not be able to avail the limited time package after the specified duration.

Cancellation/No Extension

Cancellations

  1. User can connect with CysterCare customer support and request for cancellation of the Subscription Package(s).
  2. The User in whose name invoice is generated can only request for cancellation.
  3. On cancellation of the Subscription Package(s), User will be entitled to pro rata refund of the amount paid by him in the form of CysterCoins

No Extension

  1. Users will not be able to extend the Subscription Package(s) beyond the duration for which it is subscribed.
Fair Usage Policy
  1. To provide best possible Healthcare Services, CysterCare has formulated the following FUP:
    1. Users are required to use Subscription Package(s) in accordance with this FUP
    2. Unfair use of Consultations under Subscription Package(s) would mean that another User/Patient intending to consult HCPs on the Digital Platform are unable to do so
    3. Instances which will be treated as unfair use shall include but not be limited to the following:
      1. Usage/booking appointments above the average industry standards
      2. Unreasonable number of online Consultations
      3. Repetitive calling for unnecessary reasons in spite of clear instructions given by the HCPs for the same health condition
      4. Requesting or calling the HCPs for non-medical or non-health related issues or aspects
      5. Calling or requesting the HCPs to provide consultation in spite of the HCPs clearly and explicitly informing that the User needs further consultation with other Specialist HCPs/Doctors in-person or online
      6. Any form of abuse of the HCPs on the Digital Platform
      7. Harassing the HCPs on the Digital Platform
      8. Action which may lead to break down of Doctor Patient relationship
      9. Breach or misuse of Terms and Conditions of the Health Platform.
    4. In the event the performance of the Digital Platform is significantly affected due to unfair use by the User(s), CysterCare reserves the right to review the User Account and may in its sole discretion suspend or deactivate such User Account permanently or for such period as it may deem fit.
    5. Users are requested
      1. to consult with all available details and avoid making repeated unreasonable requests for healthcare Consultations
      2. not to book appointments without actual requirement
      3. not to cancel any appointments/not show up for the appointment at the scheduled time
      4. use the Services on Health Platform responsibly
      5. treat the HCPs with dignity and respect
  1. CysterCare reserves the right in its own discretion to change, alter, modify or withdraw the Subscription Package(s) at any time with or without prior written notice to the User(s). In the event of any change, alteration, modification or withdrawal of the Subscription Package(s), CysterCare may at its discretion refund upto the maximum amount paid by the User(s) towards the Subscription Package(s).
  1. The Healthcare professionals providing consultation on the platform are entitled to practice medicine in India. The details of the Healthcare professional viz., name, qualifications, registration number are made available prior to the commencement of the consultation. The User(s) who intend to verify the credentials of the Healthcare professionals may visit https://www.nmc.org.in or may approach the State Medical Council as the case may be.
  2. Issuance of medicinesIn certain cases, the HCPs may require seeing the patient(s) virtually before prescribing medicines, providing treatment or for diagnosing their medical condition. In the event the HCPs are unable to virtually see the Patient(s), the HCPs may discontinue the consultation due to limitations specified under the relevant Telemedicine guidelines and the User(s) or any third party(ies) agree that they shall not make CysterCare or the concerned HCPs liable for such actions.
  3. REPRESENTATIONS AND WARRANTIES
    • User(s) hereby represents and warrants to CysterCare that,
    • he/she is competent to contract under Indian Contract Act, 1872,
    • the Information given by him/her to CysterCare, on this Platform is accurate, true and nothing material is concealed by them,
    • he/she is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),
    • the Agreement constitutes a valid and binding obligation enforceable against him/her in accordance with its terms,
    • the acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgement, ordinance, decree, writ, injunction or applicable laws,
    • there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform,
    • he/she will not initiate or carry out any transaction on this Platform on behalf of any other party, unless he/she is specifically authorized to do so,
    • he/she shall comply with all applicable laws,
    • he/she shall not infringe the Intellectual Property Rights of CysterCare or any Third Party/Parties or Third Party Service Provider(s),
    • he/she will not use the Platform for any Emergency services
    • he/she will not use the User Account for unlawful or unauthorized purposes,
    • he/she will not upload any obscene or objectional content on the Platform,
    • appropriate action can be initiated against him/her as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement
  4. FORCE MAJEURE
    • CysterCare shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a “Force Majeure Event”). CysterCare shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.
  5. Termination of User(s) Account
    • CysterCare reserves its right to terminate/block the User Account,
    • if User(s) furnishes false information,
    • for Prohibited Use as specified under clause XXIV (General) sub clause (12),
    • without assigning any reason, by written notice of 30 (thirty) days,
    • if User(s) is in breach of its material obligations under this Agreement,
    • if User(s) frequently cancels the Services or frequently returns the ordered products without any justifiable reasons,
    • if the User(s) is engaged in any fraudulent transactions/activities,
    • if the User(s) misuses, abuses, indulges in activities causing service disruptions,
    • if the User(s) (i) is adjudicated insolvent; (ii) makes a general assignment for the benefit of creditors; or (iii) has a receiver or official liquidator appointed for the whole or any substantial part of its assets and such appointment is not dismissed, reversed, vacated or stayed within 60 (sixty) business days of such appointment,
    • The termination of the User(s) Account shall be without prejudice to any rights which have already accrued to CysterCare.
  6. CONFIDENTIALITY
    • For purposes of these Terms, “Confidential Information,” includes, without limitation, information relating to the materials, trade secrets, intellectual property rights, plans, research strategies, frameworks, know-how, formulae, processes, algorithms, ideas, inventions, innovations, network configurations, system architecture, designs, flow charts, drawings, proprietary information, source code(s), software(s), operational information, business methods, underwriting ideas and information, Personal Health Information research information and data, support information and strategies, client(s) information, business information, sales plans, strategies, product information, operations, finances, plans or opportunities, processes, databases, data structure, screens, reports, data, formats, integration of various methodologies, integration of devices and technologies, the information relating to the Health Platform employees information, financial information, agreements, contractors, customers or suppliers; information that was received from a Third Party under a confidential agreement and all other non-public information, material or data relating to the past, current and /or future business and operations disclosed by CysterCare or made available to User(s), and whether or not such information is marked or otherwise identified as confidential, restricted, secret or proprietary, including information acquired by inspection or oral or visual disclosure; and any other information disclosed under circumstances in which a reasonable person would understand that such information is confidential and proprietary. Without foregoing the above, it is hereby clarified that Confidential Information shall include Personal Information as defined hereinbelow.
    • If, in connection to the Services, the HCP/HSP, receives, collects or handles any patient data (“Personal Information”), such HCP/HSP undertakes to CysterCare that in such case, it shall not use Personal Information for any purpose other than for providing the Services. HCP/HSP covenants to the CysterCare that Personal Information shall be collected, stored securely and maintained confidentially and it shall comply with all applicable data privacy laws including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, in relation to Personal Information.
    • HCPs/HSPs shall not disclose Confidential Information to any Third Party/Parties and shall protect Confidential Information in strict confidence.
    • Confidential Information can only be disclosed if required by an order of court or statutory authority and only to the extent to legally comply with such order of court or statutory authority.
  7. INTELLECTUAL PROPERTY RIGHTS
    • CysterCare owns its respective Intellectual Properties, without conferring any interests therein on the User(s)/HCPs/HSPs or Third Party/Parties. Without limiting the generality of the preceding sentence, neither User(s) /HCPs/HSPs nor any Third Party/Parties shall acquire any right, title or interest in CysterCare’s Intellectual Property by virtue of this Agreement or otherwise. Any use of CysterCare’s Intellectual Property without the prior written consent of CysterCare is strictly prohibited. In the event of any unauthorized use of CysterCare’s intellectual property, CysterCare reserves its rights to initiate such legal actions as warranted under law.
  8. GOVERNING LAW AND JURISDICTION
    • This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, without giving effect, if applicable, to the principles of conflict of laws, thereof or there under the Courts at Chennai, India shall have exclusive jurisdiction for adjudicating any matters arising under these Terms. Any dispute, controversy, claim or disagreement of any kind whatsoever between User(s) and CysterCare in connection with or arising out of this Agreement or the breach of the terms and conditions, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall be resolved by way of arbitration.
    • Arbitration shall be conducted by a sole Arbitrator to be appointed by CysterCare and the arbitral proceedings shall be governed as per the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactments thereunder, which are deemed to be incorporated by reference herein. The venue of arbitration shall be Chennai; India and any award shall always be treated as made at the seat of the arbitration. The language to be used in the arbitral proceedings shall be English. The Arbitrator shall not have the power to award punitive damages, attorney’s fees and / or any other losses, expenses, claim or damages, which are excluded by this agreement. The arbitration proceedings, including any outcome, shall be confidential. The decision of the Arbitral Tribunal shall be final and binding, shall be carried into effect and may be made by an order of any competent court at the instance of any party.
  9. INDEMNITY
    • The User(s)/HCPs/HSPs shall indemnify and hold CysterCare, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by CysterCare as a result of (i) breach of any obligations, representations and warranties made by the User(s), (ii) noncompliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or wilful breach,
    • In addition to the above, the HCPs and HSPs shall indemnify and hold CysterCare, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by CysterCare as a result of (i) Damages caused to patient(s), User(s) or any third parties due to the Services of the HCPs and HSPs, and/or (ii) any other patient User(s)/Third Party claim in relation to anything done by the HCPs and HSPs pursuant to the Agreement,
    • CysterCare shall indemnify and hold the User(s)/HCPs/HSPs, harmless from any against any and all claims as a result of breach of its obligations under the Agreement.
  10. LIMITATION OF LIABILITY
    • User(s)/HCPs/HSPs acknowledge that CysterCare shall not be liable for indirect or consequential loss or damage, loss of profit, goodwill, business opportunity or anticipated saving arising under or in connection with this Agreement, the use or inability to use the Platform in any manner. Without prejudice, to anything contained herein the maximum liability of CysterCare under any circumstances under this Agreement shall not exceed INR 10,000/- (Indian National Rupees Ten Thousand Only) or the amount paid by User(s)/HSPs/HCPs whichever is lesser.
  11. GENERAL
    • If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to remain in full force and effect.
    • A failure to exercise or delay in exercising a right or remedy by CysterCare provided for in these Terms or by law does not constitute a waiver of that or any other right or remedy. No single or partial exercise of a right or remedy provided by these Terms or by law shall prevent a further exercise of the right or remedy or the exercise of any other right or remedy.
    • Except as specifically provided, no person who is not a party to these Terms shall be entitled to enforce any term of it.
    • Save as expressly provided in this Agreement, nothing in these Terms is intended or shall be construed to confer upon or give any User(s), any rights or remedies under or by reason of these Terms or any transaction contemplated by these Terms.
    • Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor authorize any Party to make or enter into any commitments for or on behalf of any other party.
    • User(s) are responsible for creating and maintaining their User Account. CysterCare shall not be liable for unauthorized use of the User Account, including but not limited to the misuse, loss, non-availability of User(s) data, the User(s) should secure their credentials safely and prevent from giving/letting unauthorized access.
    • If the User(s) delete any of their User information, the same may be still available in the backup servers or storage devices/medium/peripherals /copies.
    • CysterCare shall not be responsible or be liable for any Services rendered by Third Party Service Provider(s) and does not warrant the merchantability or fitness for a particular purpose.
    • CysterCare does not warrant (i) that the Platform is error/bug/virus free (ii) safety of use of the Platform and CysterCare shall not be liable for any loss or damage caused or suffered by the User(s)/HCPs/HSPs while using the Platform
    • CysterCare does not warrant that the Services available through its Platform will be available without any disruption or errors. The availability of the Services on this Platform may be disrupted due to down time, maintenance, updates, bugs/virus or any other system related issues, internet service issues, access related issues, connectivity issues, force majeure situations, non-availability of HCPs/HSPs/Third Party Service Provider(s) or for any other reasons beyond the reasonable control of CysterCare and CysterCare hereby disclaims all liability for the losses or damages caused or suffered by User(s)/HCPs/HSPs on this account
    • CysterCare is an intermediary as defined under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and shall have no liability arising from or relating to the User(s)/HCPs/HSPs/Third Party Service Provider(s) or any other third party content posted on the Platform).
    • Prohibited use
      1. Users’ shall not use the Digital Platform to seek medical advice or opinion for cases including but not limited to those falling under the category of medico legal issues, domestic violence, Protection of Children from Sexual Offences (POCSO) Act, 2012
      2. User(s)/Visitors to this Website are proscribed from the following,
        • 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;
        • is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
        • is harmful to child;
        • 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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
        • impersonates another person;
        • threatens the unity, integrity, defence, security or sovereignty of India, 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 other nation;
        • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
        • is 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
        • furnishing false or incomplete information and making unsolicited statements,
        • In the event of any prohibited use by the User(s) on this Digital Platform, CysterCare or Third Party Service Provider(s) may file appropriate complaints and/or inform the law enforcement agencies for further necessary action.
        • CysterCare reserves the right to delete any document or record which the User(s) may upload on this Digital Platform containing virus(s), trojans or such other malware and User(s) agree that it shall not hold CysterCare responsible or liable in any way for deleting or restricting upload access to their documents or records.
        • User(s)/HCPs/HSPs hereby acknowledge and agree that they shall not,recreate, duplicate, reverse engineer, decompile, recompile, disassemble or otherwise reproduce directly or indirectly, any part or whole of the Platform in or any materials relating thereto,design around CysterCare’s proprietary projects, materials and products,use the CysterCare’s Services, Content of the Platform, Confidential Information as a basis upon which to develop or have a Third Party develop a competing or similar product. Further the User(s)/HCPs/HSPs or any Third Party/Parties shall not contact or attempt to contact the Third Party Service Provider(s) on this Platform in any form either to promote its business or lure them to enter into a business relationship with them or with the CysterCare’s competitors’,copy the content on this Platform,use any software, tool or engine or any kind of device/mechanism, including but not limited to robots, spiders, artificial intelligence tools/agents to crawl, spy, navigate, to search, scramble, copy, duplicate, steal the Platform or the contents therein,
        • In case of non-receipt of any SMS (es), messages, communications or notices by the User(s), regarding the status of the Services booked/cancelled/ordered/availed, User(s) are advised to contact CysterCare’s Customer Care number and request for the sam
        • Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post acknowledgement due) or courier (with POD) or E-mail as mentioned below. Any such notice or other communication will be deemed to be effective if sent by personal delivery, (when delivered), if sent by registered post (ack due) (on actual receipt), and if sent by courier (on actual receipt), and if sent by E-mail, (on receipt of a confirmation to the correct Email id).

      • Head Grievance Officer

      Address:

      New No.5, Old No.69,Southern Side First Floor,

      Kalaimagal Nagar Third Main Road,

      Ekkattuthangal,

      Chennai-600032

      Email ID hello@cystercare.com

  12. The User(s)/HCPs/HSPs shall not (i) assign its rights and obligations; and/or (ii) sub-contract the performance of its obligations, under this Agreement without the prior written consent of CysterCare.
  13. Users’ please note that the Internet is inherently insecure or may be prone to various types of phishing attacks or other forms of attacks and that the data including but not limited to User(s)/HCPs/HSPs may be prone to such attacks or can become corrupted, or any communications may not always be delivered promptly or not delivered at all, electronic communications are also prone to various forms of contamination including but not limited to viruses. Users acknowledge and agree that it shall not hold CysterCare liable for any loss, expenses, damages, or omission in any way that it may incur due to the Users’ interaction with the CysterCare Digital Platform
  14. Users’ please note that any prescription generated through the Digital Platform is based on the information made available by You or User to the HCPs or HSPs and is to be used on the Digital Platform for primary non-emergency consultations/Services and any consultation/Service is not an alternative or substitute to in person consultation with the HCPs or HSPs
  15. Users’ please note that in the event Users’ trying to reach the Digital Platform could not get connected for the Services and the same is evidenced at CysterCare as missed call or chat or in the event Users’ gets disconnected during (a) any enquiry for a Service or (b) the Service being availed, then in all such events, CysterCare may call back the respective Users’ with a view to inform the Users’ the reasons for not being able to connect (subject to such information available with CysterCare) or reconnect them to enable them to complete their enquiry or Service as the case may be
  16. User(s) may post their feedback, including but not limited to ratings, reviews, suggestions and any other content relating to Services of CysterCare (“Feedback”) on CysterCare’s Platform, CysterCare’s domain or any other platforms including on social media pages/platforms or mobile app stores (social media pages/platforms or mobile app stores are collectively referred to as “Social Media”).
  17. User(s) hereby expressly agree that they shall not post any Feedback that infringes the intellectual property rights of Third Parties or is violative of applicable laws. CysterCare hereby expressly disclaims all liability for the claims, losses or damages suffered or incurred by the User(s) or Third Party(ies) on account of the Feedback posted by User(s). User(s) shall alone be responsible and be liable for the consequences resulting from or in connection with the Feedback posted by them and User(s) further agree and accept to indemnify and hold CysterCare harmless from and against any claims, losses or damages suffered or incurred by CysterCare on this account.
  18. By posting the Feedback, User(s)/You hereby authorize and grant the necessary rights to CysterCare to use the User(s) Feedback including but not limited to, the right to display, share, format the Feedback on any Social Media Platforms and publish the User(s) name in connection therewith. Such use of the Feedback shall be without any restriction whatsoever. CysterCare shall, however, be under no obligation to use the Feedback posted by the User(s).
  19. Further all Parties accessing, visiting this platform or availing the services available on CysterCare beware that there are/might be entities or persons (Imposters) pretending or imitating to be like CysterCare or associated with/partner of CysterCare and may trick or lure You/Parties demanding payments towards services or otherwise and these Imposters may fraudulently/unauthorizedly use CysterCare’s intellectual property, name, logo to deceit or cheat You. All Parties are therefore, advised to cross verify with CysterCare in case they find any activity to be fraudulent or suspicious.
  20. CysterCare requests the general public and strongly recommends not to rely on any unauthentic information. Please beware of false messages being circulated on social media under CysterCare’s brand name and logo. CysterCare requests you to consult any professional doctor or utilize the Services on the Digital Platform to seek clarifications on any health related queries
  21. User(s) shall refrain from posting false, frivolous, baseless, unauthentic information on social media platforms regarding CysterCare and the Services provided by CysterCare.
  22. All Parties herein may please note that under no circumstances, CysterCare will be responsible or liable for claims, losses, damages, expenses or for any other form of compensation or otherwise on account of, resulting from or in any way connected to the acts of the Imposters or due to the unauthorized use of its Intellectual Property.

Cancellation Policy

1. Doctor Consultation

Cancellation & Refund Policy: Cancellation of the appointment (like, Doctor appointment) can only be done up to 4 hours prior to the scheduled appointment (subject to choice of service availed). Based on the validity of reason, the appointment will be rescheduled again. An appointment can be rescheduled for a maximum 2 times with acceptable reasons, after which the meeting will be considered completed irrespective of customer’s attendance and will not be eligible for refund/cancellation. Any cancellation request before taking up the consultation will not be eligible for refund. No refunds will be processed in case of patient no-shows, without a prior request to reschedule. In case the doctor fails to show up, the patient will have the choice of a reschedule. In case there are delays from the patient’s end, CysterCare will not be liable and will not be able to provide a(n) refund/extended appointment duration et al, but under extraordinary situations pertaining to the quality of consultation, we may consider refund on case to case basis, if you contact us at care@cystercare.com within 5 days of the scheduled date of appointment. Once the case is resolved, the refund will be initiated within 7 business days from the date of query resolved.Whether a refund will be provided will be determined by Company in its sole discretion.

2. PCOS Programs

Cancellation & Refund Policy:

1. Subscription Plans (Applicable to both monthly payment & one-time payment):
If you have purchased a subscription to one of our PCOS programs, your subscription will be for a minimum period of the length of the program and cannot be cancelled. You have the option to cancel once the program has ended and if you do not want to renew your subscription. If you cancel your subscription prior to fulfilling your wellness program commitment, you will continue to be billed monthly until the support program is complete. No refund will be given and no compensatory classes will be conducted for missing classes from client’s end. It is upto the client to timely participate in order to not miss any part of our program. If you cannot participate in any of the sessions for unforeseen circumstances, please note that refunds will be reviewed on a case-by-case basis and you can reach out to care@cystercare.com , if the query is raised within 10 days of program completion. The refund will be initiated within 7 business days from the date of the query resolved. Whether a refund will be provided will be determined by the Company in its sole discretion.

2.One-Time Sessions:
Certain wellness programs are conducted for a fixed duration of time with a one-time payment. No refund or rescheduling will be provided in case of cancellation or non-participation of the client. The sessions that are already used and attended, cannot be refunded for any reason. If you cannot participate in any of the sessions for unforeseen circumstances, you will be allowed to participate in a compensatory session and no refunds will be given. In case, CysterCare cancels the session due to unforeseen circumstances, the client will have an option to reschedule or get a refund. For further information write to us on care@cystercare.com within 5 days of payment, to be considered. Whether a refund will be provided will be determined by the Company in its sole discretion.