Welcome to the portal of www.cancerncure.com, (the Website). The website is operated by Cancer N Cure having its registered office at Site Number: 6, New Rajinder Nagar, near Rajinder Nagar police station- 110060

The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or an Healthcare Practitioner and the terms ‘We’, ‘Us’, ‘Company’ and ‘Our’ refer to CancerNCure.com

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE, THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT www.CancerNCure.com, CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, AND OTHER POLICIES WHCH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE.

These terms of use, the Privacy Policy, together with any other policies which may be applicable to specific portions of Website and any disclaimers which may be present on the Website are referred to as “Agreement

The features/services of this Website are available only in India. The website provides Indian based services to only residents of India. However Non-Registered users outside India may browse through the information provided on the website.

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

  1. THE WEBSITE

Users: The website is accessible to visitors/non-registered users and healthcare practitioners. “Registered Users” are users who have registered themselves ab account on the website by providing CancerNCure with certain information and who can log on to the Website by providing their username and password. “Non-Registered Users” are users who are not registered with the website but may have access to the information on the website. Certain features on the website are available to registered users only. “Health Care Practitioners” or “HCPs” are duly qualified members of medical profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users.”Labs” are registered laboratories that collect patient samples from Registered Users for the purpose of conducting pathological tests and varied diagnostic services referred to as “Lab Tests“. Registered Users, Non-Registered Users and HCPs shall collectively be referred to as “Users“.

1.2. Features of the Website: The Website offers the following features:

  1. a) For Registered Users:
  2. Platform for obtaining generic and preliminary information from HCP to a question related to Cancer: You may ask any health related question on the Website and obtain preliminary and generic information to such question from a HCP. Your identity is not disclosed to the HCPs or other Registered Users at this stage.
  3. Platform for viewing generic and preliminary information of HCP: You may access the information provided by a Health Care Provider with respect to their qualifications etc.

iii. Platform to schedule in-person appointment with HCP: You may use Website to schedule an in-person appointment with HCP at the HCP’s premises or through video-conferencing.

  1. Platform to interact with HCP privately: You may interact with an HCP through the modes provided by CancerNCure. CancerNCure reserves the right to charge a one time package fee or a fee percentage for every interaction between the HCP and the patient. The terms in this regard are subject to change without any prior notice.
  2. Platform to order Lab/Diagnostic Test for proper Diagnosis of the Disease: CancerNCure may assist patients with Lab/Diagnostic Test for a preliminary/detailed evaluation of the condition of the patient.
  1. b) For Non-Registered Users:
  2. Access to HCP Profiles: Depending on the extent of information shared by HCPs at the time of registering with the Website, the HCPs’ profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. The Website offers various search features to aid You in accessing HCP profiles. CancerNCure will make all reasonable efforts to ensure that the information provided on the website with respect to the above details of the HCPs are true and accurate. However, CancerNCure does not guarantee the authenticity of such information and CancerNCure shall not be responsible for any loss that is occasioned on account of any wrong/incorrect information provided by a HCP.
  1. Access to HCP Availability for in-person appointment: Based on information communicated by HCP, the Website shows indicative appointment slots available for in-person consultation at HCP’s premises.
  2. c) For HCPs:
  3. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. CancerNCure reserves the right to make your profile accessible to both registered and non registered users.
  • Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other modes.
  1. Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
  2. Platform to publish HCP-contributed health related information and education material: You may contribute health related information and education material which CancerNCure may, with or without modification, in its sole discretion, publish on the Website.

1.3. Types of content on the Website:

The various types of content available on the Website may be categorised as follows:

1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with HCPs (“User Content“)

1.3.2. Content provided by HCP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users (“HCP Content“);

1.3.3 Content provided by Labs including instructions, results, reports and any other information relating to Lab Tests (“Lab Content“).

1.3.4. Content which CancerNCure (through itself or its contractors) has generated or procured for the Website (“CancerNCure Content“);

  1. USE OF THE SITE

2.1. Use by all Users (Registered, Non-Registered User and HCP)

2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

2.1.2. You will not deliberately use the Website in any way that is unlawful or harms CancerNCure, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.

2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from CancerNCure on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by CancerNCure. Please note that CancerNCure will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, CancerNCure may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from CancerNCure.

2.1.4. By using the website and/or registering yourself at CancerNCure you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the CancerNCure & associate partners for the above mentioned purposes till 45 days of your engagement with us.

 2.2. Use by Registered User

2.2.1. You acknowledge that this Website is an informative platform only. CancerNCure and this Website are not in the business of providing healthcare service or hospital services.

2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

2.2.3. The Website allows You to select and schedule appointments with HCPs. In doing so, CancerNCure can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to CancerNCure (such as area of specialty and geographical location).

2.2.4. The suggestions regarding the relevant hospitals/medical practitioners shown on Cancer N Cure are based on factors such as geographical area, treatment costs etc. entered into by the patient. The information is listed on the website on the basis of the details provided by the concerned medical practitioner regarding their specialization, qualifications, fees, location, visiting hours and other similar details. Although Cancer N Cure makes every reasonable attempt to verify the information provided by the hospitals/medical practitioners. Cancer N Cure does not take responsibility for any inaccuracy or incompleteness of such information. Cancer N Cure only provides relevant recommendations on the basis of the preferred geographical location, treatment costs etc. which are factors entirely personal to the patient concerned. You are required to exercise discretion in this regard and take an informed decision.

2.2.4 CancerNCure’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, CancerNCure has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Lab Content or HCP Content , information provided by HCPs or Labs, interactions between HCPs and Labs on the one hand and Users on the other hand.

  1. ROLE OF CANCERNCURE
    • BOOK APPOINTMENT AND CALL FACILITY

3.1.1.Cancer N Cure enables Users to connect with Practitioners through the Audio/Video Conferencing Facility which allows a one on one interaction between the User and the Medical Practitioner. Cancer N Cure does not facilitate an in-person meeting between the user and the patient.

3.1.2. Cancer N Cure will ensure Users are provided confirmed appointment for the Audio/Video Conferencing Facility upon making requisite payment for the same as per the fee displayed on the website. However, Cancer N Cure has no liability if such an appointment is later cancelled by the Practitioner, or the same HCP is not available for appointment, in which case, CancerNCure is liable only to the extent of rescheduling the appointment as per the convenience of the HCP. The user shall not be entitled to receive a refund of the consultation fee under any circumstances.

In case, the appointment is cancelled by the user or if the user does not show-up online at the relevant time for the appointment, then the consultation fee paid by the user shall be liable to be forfeited.

3.1.3 Cancer N Cure reserves the right to share the information provided by the User with the Practitioner/Path Labs/Genetic Counsellors, as the case may be, and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

3.1.4 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Cancer N Cure of any such particular Hospital/ Medical Practitioner/Pathology Lab. If the User decides to engage with a Hospital/Practitioner/Pathology Lab to seek medical services, the User shall be doing so at his/her own risk. Users are required to exercise discretion and take an informed decision.

3.1.5 Without prejudice to the generality of the above, Cancer N Cure is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Hospital/Practitioner. User understands and agrees that Cancer N Cure will not be liable for:

  1. User interactions and associated issues User has with the Practitioner;
  2. the ability or intent of the Practitioner(s)/Hospitals or the lack of it, in fulfilling their obligations towards Users;
  • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  1. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
  2. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  3. Any variation in the fees charged;
  • Cancellation or no show by the Practitioner or rescheduling of booked appointment except to the extent of rescheduling the appointment or adjusting the consultation fee in a subsequent appointment. It is clarified that under no circumstances, shall the user be provided a refund of the consultation fees charged.

3.1.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the relevant time fixed for the appointment with the Practitioner.

  • The Consultation Fee charged by Cancer N Cure shall be liable to be forfeited.
  • The User may be temporarily debarred from booking further appointments on cancerncure.com for the next three months.

Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up online for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. Where the User is not able to establish that the User had a legitimate reason for not showing up, Cancer N Cure shall be entitled to take actions as under Clause 3.1.6 (i) and Clause 3.1.6(ii). However Users understand that, actions such as ones mentioned under Clause 3.1.6(i) and Clause 3.1.6(ii) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.

3.2 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.2.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Cancer N Cure and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

3.2.2It is hereby expressly clarified that, the Information that you obtain or receive from Cancer N Cure, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.2.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.3. Terms for Practitioners:

3.3.1 The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Cancer N Cure shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/Cancer N Cure application/site.

3.3.2The Practitioner understands and agrees that, Cancer N Cure shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.

3.3.3 The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.

3.3.4 The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, User has the option of choosing other Practitioners and the consultation fee paid  by the user shall be adjusted. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.

3.3.5 The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.

3.3.6 The Practitioner acknowledges that should Cancer N Cure find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Cancer N Cure shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.

3.3.7 It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.

3.3.8 The Practitioner understands that Cancer N Cure makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Cancer N Cure liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Cancer N Cure.

  • It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Cancer N Cure shall not be liable for any errors in the information included in any communication between the Practitioner and User.

3.3.10 The Practitioner shall indemnify and hold harmless Cancer N Cure and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim

        3.4 User Content

3.4.1 CancerNCure does not have the obligation to pre-screen or monitor User Content, Lab Content or HCP Content at any time. However CancerNCure may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if CancerNCure determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where CancerNCure removes any User Content or HCP Content from the Website, CancerNCure will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute CancerNCure’s position as an intermediary or impose any liability on CancerNCure with respect to User Content and/or HCP Content.

3.4.2 If CancerNCure suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or HCP, notwithstanding any other rights CancerNCure may have, CancerNCure reserves the right to inform the relevant government or law enforcement authorities. CancerNCure will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

3.4.3 CancerNCure does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.

  1. LINKS TO THIRD PARTY WEBSITES

4.1. You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites“).

4.2. CancerNCure does not endorse any Third Party Websites that You may be directed to from the Website.

4.3. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and CancerNCure is not responsible for Your use of any Third Party Websites.

  1. PROPRIETARY RIGHTS

5.1. CancerNCure respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content, Lab Content and the CancerNCure Content are protected by applicable intellectual property laws of United States.

5.2. CancerNCure’s Rights to the Website and CancerNCure Content

5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to CancerNCure or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by CancerNCure to You in respect of such works.

5.2.2. CancerNCure and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, “CancerNCure” is the trademark and copyright (or any other intellectual property right) of CancerNCure and/or its licensors. Any use of the CancerNCure’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of CancerNCure and may be actionable under the applicable laws.

5.2.3. Except as stated otherwise in this Agreement all CancerNCure Content (including all intellectual property rights to such content) is owned exclusively by CancerNCure and/or its licensors.

5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by CancerNCure to use CancerNCure Content for personal and non-commercial use in India for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less.

5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.

5.2.6. Unless expressly authorized by CancerNCure, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the CancerNCure Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

5.3. Rights in User Content And HCP Content

  1. 3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to CancerNCure.
  • 3.2. You hereby grant CancerNCure a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.
  1. PERSONAL INFORMATION

6.1.1. We may collect various personal information from You when You use the Website and or the features provided by the Website.

6.1.2. Our Privacy Policy available at www.CancerNCure.com/privacy sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.

6.1.3. When You click on the ‘I accept’ or ‘I agree’ tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.

6.1.4. CancerNCure may disclose Your Personal Information in accordance with applicable law.

  1. DISCLAIMERS

7.1. Interaction with HCP on the Website:

7.1.1. You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold CancerNCure responsible for any such interactions and associated issues. CancerNCure is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.

7.1.2. The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.

7.1.3. CancerNCure shall not be responsible for any breach of service or service deficiency by any HCP/Diagnostic/Path Lab.

7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP. 

7.2. Interaction with Labs on the Website:

7.2.1. You understand and agree that any interactions and associated issues with the Lab(s) on the Website, is strictly between You and the Lab(s). You shall not hold CancerNCure responsible for any such interactions and associated issues. CancerNCure is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Lab You interact with. If You decide to engage with a Lab to provide lab or diagnostic services to You, You do so at Your own risk.

7.2.2. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab.

7.2.3. CancerNCure shall not be responsible for any breach of service or service deficiency by any Lab.

7.2.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of a Lab to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.

7.4. Information regarding HCP/Lab and practice information: Information regarding HCP/Lab and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor CancerNCure provides any advice or qualification certification about any particular HCP or Lab. You are encouraged to independently verify any such information You see on the Website with respect to a HCP or Lab that You seek to make an appointment with. 

7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs or Labs. The provision of such content to You by CancerNCure does not constitute delivery of health care or diagnostic services to you and does not create a professional relationship between CancerNCure and You. 

7.6. No Medical Advice Provided: The content provided by the Website, either by CancerNCure or by HCP, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. 

If you rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from CancerNCure, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.

7.7. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through CancerNCure is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that CancerNCure shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests by Labs, for any reason whatsoever.

7.8. CANCERNCURE DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) HCP WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HCP CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY LAB CONTENT INCLUDING LAB TEST RESULTS (VII)ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

7.9. CANCERNCURE MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

7.10. CANCERNCURE ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, LAB CONTENT OR HCP CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.

7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR CANCERNCURE TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR HCP CONTENT. CANCERNCURE IS NOT RESPONSIBLE FOR ANY USER CONTENT OR HCP CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.

7.12. THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CANCERNCURE NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER CANCERNCURE NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, LAB CONTENT OR HCP CONTENT, CANCERNCURE CONTENT OR YOUR PERSONALIZATION SETTINGS.

7.13. CANCERNCURE DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.

7.14. Neither the HCPs, Labs nor CancerNCure shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / CancerNCure or due to technical reasons or third party actions.

  1. LIMITATION OF LIABILITY:

8.1. To the fullest extent permitted by law, in no event will CancerNCure or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not CancerNCure has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, CancerNCure’s liability under this Agreement to you shall in no event exceed the fee amounts collected from you in the preceding one year or INR 5000 whichever is lower. 

  1. REPRESENTATION AND WARRANTIES

By Using This Website You Represent And Warrant That: 

9.1. You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;

In case the patient is below the age of 18 years, the usage Website must be undertaken by the lawful guardian.

9.2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;

9.3. You as a Registered or Non-Registered user will use the Website solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

9.4. Your use of this Website shall be subjected to the following restrictions:

9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

9.4.2. You will not decompile, reverse engineer, or disassemble the content, or

9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content. 

9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;

(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(f) impersonate another person;

(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(h) 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 any other nation.

  1. INDEMNIFICATION

You hereby indemnify, defend, and hold CancerNCure, the CancerNCure’s distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from

(i)Your use of the Website

(ii) Your breach of provisions of this Agreement and

(iii) any negligent or intentional wrongdoing on Your part. 

  1. TERMINATION 

CancerNCure reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend the access to the services provided by us or by imposing penalty or forfeiting the fees with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to the Website or the services provided by us. The data, on the Website is our property and any unauthorized activity not undertaken by us, does not make us responsible for any loss caused due to the same. We do not hold any responsibility for any unauthorized activity which hurts the religious feelings of someone. Upon finding objectionable content on the website we require you to intimate us about the same at contact@cancerncure.com. We shall make reasonable endeavours to remove the objectionable content within a short span of time.Upon suspension or termination, your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information. 

  • Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or CancerNCure Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. CancerNCure shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
  1. GOVERNING LAW AND JURISDICTION

12.1. The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India. 

12.2. In case of any disputes/questions/issues/grievances arising out of this policy shall only be subject to the jurisdiction of the NCT of Delhi, India.

12.3. All the users/visitors are required to comply with the provisions of the Information Technology Act, 2000 and the Rules under the same. You are required to be updated of the circulars/notifications issued under the same from time to time.

  1. MODIFICATIONS

13.1. CancerNCure reserves the right to modify any part of the policy at any time. The users/visitors/medical practitioners are required to check the terms of use from time to time for any modifications without any prior notice. It is your duty to remain updated with the changes/modifications to the terms and conditions. CancerNCure may in its discretion send an email to the user notifying them of the amendments, however, CancerNCure shall not be liable for any failure to notify the user regarding the changes in policy.

  1. GENERAL PROVISIONS

14.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction  to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. 

14.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

  • If to CancerNCure:

CancerNCure

Site Number: 6, New Rajinder Nagar, near Rajinder Nagar Police Station- 110060

  • If to You:

at the email address provided by you to us when you   registered as a CancerNCure User.

14.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 

14.4. Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement. 

  1. 5. Force Majeure: CancerNCure shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond CancerNCure’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
  2. 6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had the full opportunity to study and review the Agreement.
  3. 7. Advertisement: CancerNCure shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.  

14.8. Assignment: You may not assign or sub-license, without the prior written consent of CancerNCure, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.