Terms and Conditions

Last updated on: 17th Sep, 2024

These terms and conditions (“Terms”) govern the use of services made available on or through www.curacare.in and/or the CURA Care mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”) made available by Solve4X Technologies Private Limited.

These Terms also include our privacy policy, available at www.curacare.in/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

The Terms constitute a binding and enforceable legal contract between Solve4X Technologies Private Limited (a private company established under the laws of India having its registered office at No 235,13th Cross, Hoyasala Nagar 2nd Stage, Indiranagar (Bangalore), Bangalore-560038, Bangalore North, Karnataka, India and its affiliates (“Solve4X”, “CURA”, “CURA care”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books LP Services (defined below) on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.

1. Services

(a) The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third-party service providers or in-house trained professional (“Licensed Professionals”) of those services. As a part of the Services, We facilitates the transfer of payments to Licensed Professionals for the services they render to you and collects payments on behalf of such Licensed Professionals.

(b) The services rendered by Licensed Professionals are referred to as “LP Services”. The term “Services” does not include the LP Services. We provide the LP Services and are responsible for its provision. Solve4X and its affiliates employ the Licensed Professionals but Licensed professionals do not have the ability to bind or represent Solve4X.

(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or LP Services from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the terms and conditions applicable to that jurisdiction.

(d) The Services are made available under various brands owned by or otherwise licensed to Solve4X and its affiliates.

(e) A key part of the Services is Solve4X’s and its affiliates ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting us at care@solve4x.in or through the in-Platform settings , you agree and acknowledge that this may impact our ability to provide the Services (or a part of the Services) to you.

(f) In certain instances, you may be required to furnish identification proof to avail the Services or the LP Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or LP Services.

2. Account Creation

(a) To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age.

(b) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.

(c) You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.

(d) You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.

(e) You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third party partners, and (iv) any other matter in relation to the Services.

3. User Content

(a) Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).

(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Licensed Professionals and you agree and acknowledge that Licensed Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Licensed Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.

(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free licence to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.

(d) In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.

(e) You agree and acknowledge that Solve4X may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.

4. Consent To Use Data

You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at www.curacare.in/privacypolicy and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data

5. Bookings

(a) Orders: The Platform permits you to request various LP Services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to provide a Licensed Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot provide a Licensed Professional for the specific time slot, we will contact you to find an alternative time.

(b) Confirmation: Once you place a request we will provide confirmation of the booking via SMS, WhatsApp, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Licensed Professional has been identified for the requested LP Services, you shall receive confirmation in App or via SMS, WhatsApp, email or a push notification.

(c) Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. Our cancellation policy sets out applicable cancellation fees.

(d) Substitution: In case of the unavailability of, or cancellation by a selected Licensed Professional, we will offer you a substitute of the Licensed Professional from among our in-house Licensed Professionals.

6. Pricing

Prices for products and Services are described on our Website/App and are incorporated into these Terms by reference. All prices are in Indian rupees and are subject to change at the sole discretion of Solve4X without prior notice to the Customer. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform

7. Customer Conduct

(a) Solve4X prohibits discrimination against Licensed Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept LP Services based on any of these characteristics.

(b) Our Licensed Professionals are registered medical professionals who have undergone the required education, as mandated by government of India. We request that you treat all Licensed Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the LP Services. Licensed Professionals shall be entitled to refuse to perform LP Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to LP Services at our absolute discretion if you behave towards any Licensed Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.

(c) You agree that you will be liable for discriminating against Licensed Professionals or for any failure, intentional or otherwise, to provide the Licensed Professionals a safe, clean, and appropriate location for them to perform the LP Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Licensed Professional to perform the LP Services or impact the Licensed Professional’s health, safety, or well-being, to Solve4X and the Licensed Professional.

(d) You agree that in the event a Licensed Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to care@curacare.in at the earliest but in any event within 48 (forty eight) hours of such incident.

8. Your Responsibilities

(a) You represent and warrant that all information that you provide in relation to the Services and LP Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or the LP Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;

(ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;

(iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;

(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;

(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

(vi) the User Content does not and shall not violate any third party rights; and

(vii) the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.

(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;

(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;

(iii) use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;

(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;

(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;

(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;

(vii) decompile, reverse engineer, or disassemble the Services;

(viii) link to, mirror, or frame, any portion of all or any of the Services; or

(ix) violate applicable laws in any manner.

(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.

(f) You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.

(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Licensed Professional from whom you have availed LP Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the LP Services independently, without booking the LP Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Licensed Professionals and that this will not preclude you from obtaining services the same as or similar to the LP Services through the Platform or other means. You further agree that any potential harm to Licensed Professionals from the non-enforcement of this clause far outweighs any potential harm to you.

9. Intellectual Property

(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Solve4X or Solve4X’s licensors.

(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights

10. TERM AND TERMINATION

(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of Solve4X or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.

(d) Upon termination of these Terms:

(i) the Account will expire;

(ii) the Services will “time-out”; and

(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.

11. Disclaimers and Warranties

(a) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.

(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.

(c) While Solve4X strives to provide accurate information about LP Services and Charges, pricing errors may occur from time to time.

(d) To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or due to:

(i) your use of, inability to use, or availability or unavailability of the Services or the LP Services;

(ii) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services;

(iii) the failure of the Services to remain operational for any period of time; and

(iv) the loss of any User Content and any other data in connection with your use of the Services.

(e) In no event shall Solve4X, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if Solve4X or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms, (B) the Services or the LP Services, (C) your use or inability to use the Services or the LP Services, or (D) any other interactions with another user of the Services.

(f) Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

12. Indemnity

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or LP Services, use of the Services or LP Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

13. Jurisdiction, Governing Laws, And Dispute Resolution

(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Bengaluru shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

(b) Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Solve4X. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

14. Grievance Redressal

If you have any concerns or questions in relation to the Services or these Terms, you may address them to our grievance officer whose contact details are provided below:

Name: Chinmay Mittal

Email: care@curacare.in