1. Applicability of Terms –
a) The terms of the Agreement shall apply to the following category of users of the Application
and/or the
Services (“Users” or “you”):
(i) a patient or, (ii) parent, guardian or caregiver of the patient (“End User”);
The term User shall mean the End User
You must be a validly constituted legal entity, or a natural individual who is18 (eighteen) years of
age or
older to use the Application or the Services. If you are a natural individual by using the
Application or
accepting this Agreement, you represent and warrant to BetaCura that you are 18 (eighteen) years of
age or
older, and that you have the right, authority and capacity to use the Application and the Services,
and agree to
and abide by this Agreement. In case the Services are to be utilized by a minor (as per applicable
laws), then a
parent or legal guardian must enter into this Agreement on behalf of such minor.
The terms of the Agreement shall apply as and when the User(s) start using the Application and/or
any services
rendered through the Application, including the Diagnostic Services (“Services”).
2. Nature of Terms –
The Agreement is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872;
the (Indian) Information Technology Act, 2000;
the rules, regulations, guidelines and clarifications framed there under, including the (Indian)
Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules,
2011 (the
“Data Privacy Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules,
2011 (the “IG
Rules”)
3. General Terms of Use –
a). The Application and the Services are designed to be used within India. Please refrain from using
the
Application or receiving or receiving or rendering any Services through use of the Application
outside of India.
b). You will not use the Application or the Services in a manner or for any purpose that is illegal,
discriminatory, immoral or offensive.
c). You will not take any steps to misuse or harm the Application including by introduction of
computer virus,
contaminant, malware, spyware or such other materials that have an effect of interfering in the
functioning of
the Application, tampering its abilities, slowing it down or causing such other effects in relation
to the
Application.
4. Application Services –
4.1 Diagnostic Services
4.1.a) Registration
i. An End User can avail Diagnostic Services by providing the sample at a location of the End User’s
choice
(including residence, office or other premises) (“Home”).
ii. The End User can initiate the process of availing Diagnostic Services by raising a request on
the
Application..
4.1.b) Sample Collection
i. The End User is required to submit proof of identity and age at the point of collection of
samples to the
personnel/representative of BetaCura.
ii. Each diagnostic test necessitates that the End User take certain steps (prior fasting etc.)
before the
sample is collected. BetaCura expects that the End User complies with all such requirements.
BetaCura bears no
responsibility towards any inaccurate or disparate results arising out of non-adherence with such
requirements.
iii. BetaCura Personnel follow industry standard operating procedures in relation to collection of
samples. The
End User agrees and acknowledges to abide by their instructions in adhering with such procedures.
While standard
operating procedures are designed to mitigate risks, every scenario, particularly involving human
interface is
vulnerable to mishaps. The End User is aware of and agrees to this inherent risk in the process of
sample
collection and agrees that except for any reckless conduct of BetaCura Personnel, BetaCura is not
liable in any
manner for any physical injury, harm or loss caused to the End User in the course of collection of
samples by
BetaCura Personnel.
iv. It is likely that End User may be subject to specific medical or other conditions (e.g. –
allergy, diabetic,
haemophilic etc.) that may have adverse effects on the End User in the course of collection of
samples. It shall
be the duty of the End User to notify the BetaCura Personnel, prior in time, of such specific
medical or other
conditions. BetaCura Personnel or BetaCura is not responsible in any manner for any adverse effects
suffered by
the End User due to such specific medical or other conditions of the End User.
4.1.c Conduct of Tests
i. The End User agrees and acknowledges that the Diagnostic Services shall be undertaken by using
generally
acceptable market practices and standards.
ii. BetaCura shall undertake commercially reasonable efforts to ensure that the results, reports or
diagnosis is
made available within the turn around time as communicated to the End Users, which can be different
for
different Medical tests. However, the End User acknowledges that there are several factors that are
not within
the control or direct supervision of BetaCura that contribute towards preparation of the
report/result/diagnosis
and as such the prescribed timeline is merely indicative.
4.1.d Home Collection
Home collection of samples is enabled for convenience of the End User. While BetaCura will take
commercially
reasonable efforts to ensure that our Personnel reach the Home premises at the indicated timeline,
physical
movement is often subject to circumstances beyond the control of the our Personnel (illustratively
traffic
conditions). As such the End User acknowledges that the time indicated for reaching of Home is
indicative.
5.Privacy Policy:-
This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use,
disclosure and
protection of your information when you use our website located at www.betacura.com or the mobile
application
(collectively, “Application”) that are the proprietary materials of BetaCura Health Solutions an
Indian company
having its registered office at No 88/7, 11th Cross, Near M. S. Ramaiah College Mathikere, Bangalore
560054
(hereinafter referred as “BetaCura” or “Company” or “Us” or “We”).
The terms “you” and “your” refer to the user of the Application. The term “Services” refers to any
services
offered by BetaCura including by allowing access of the Application/Web Portal to you or the
services that are
enables through your use of the Application/Web Portal.
Please read this Policy before using the Application/Web portal or submitting any personal
information to
BetaCura. This Policy is a part of and incorporated within, and is to be read along with, the Terms
of Use
published at Any capitalized term use but not defined shall have the same meaning as ascribed to it
in the Terms
of Use.
5.1 Your Consent –
By using the Application and/or the Services, you agree and consent to the collection, transfer,
use, storage,
disclosure and sharing of your information as described and collected by us in accordance with this
Policy. If
you do not agree with the Policy, please do not access the Application or use any of the Services.
If you use the Application and/or the Services on behalf of someone else (such as your child) or an
entity (such
as your employer), you represent that you are authorised by such individual or entity to (i) accept
this Policy
on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to
our
collection, use and disclosure of such individual’s or entity’s information as described in this
Policy.
5.2 Structure and Basis –
5.2.a) This Policy is published in compliance with, inter alia:
i. Section 43A of the Information Technology Act, 2000 (“IT Act”);
ii. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and
Sensitive
Personal Information) Rules, 2011 (the “Privacy Rules”);
iii. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
5.2.b) This Privacy Policy states the following:
i. The type of information collected from the Users, including Personal Information and Sensitive
Personal Data
or Information (as defined in the Privacy Rules) relating to a User;
ii. The purpose, means and modes of collection, usage, processing, retention and destruction of such
information; and
iii. How and to whom BetaCura will disclose such information.
5.3 Information we collected from you.
We will collect and process the following information about you:
5.3.a) Information you give us – This includes information submitted when you:
i. Show interest in BetaCura for your Healthcare requirements ,which may include your name, Mobile
number, email
id, if you are an End User , we will also collect information about your medical history (drug
allergies,
chronic conditions), health habits, health indicators (BMI, weight, height), diagnostics reports,
prescriptions,
or any pictures/ photos/ files or other content shared by you. If you are a RMP, we will collect
information
that include your practice details and speciality, years of experience, proofs of educational /
technical
qualifications, proofs of certifications and affiliations, registration details with the National
Medical
Council, State Medical Council or such similar authorities/bodies. or
ii. Use our Services, we may collect and store information about you to process your requests and
automatically
complete forms for future transactions, including (but not limited to) your phone number, address,
email, RMPs
consulted in the past, diagnostic reports, billing information and credit or payment card
information.
iii. Correspond with BetaCura for customer support;
iv. Report problems for troubleshooting.
5.3.b) Information we collect about you
We will automatically collect and analyse the following demographic and other information each time
that you use
the Application:
i. Communications:
When you communicate with us (via email, text, phone, through the Application or otherwise), we may
maintain a
record of your communication;
ii. Location information:
Depending on the Services that you use, we may collect your real time information.
iii. Transaction Information:
We collect transaction details related to your use of our Services, the Users (i.e. End User) that
you interact
with by use of our Application, and information about your activity on the Services, including the
full Uniform
Resource Locators (URL), the type of Services you requested or provided, comments, domain names,
search results
selected, number of clicks, information and pages viewed and searched for, the order of those pages,
length of
your visit to our Services, the date and time you used the Services, amount charged, methods used to
browse away
from the page and any phone number used to call our customer service number and other related
transaction
details;
iv. Record stored on the Application:
Any diagnostic report, prescriptions or such other record or file that is rendered through the
website.
1.4 Disclosure and Distribution of Information –
We may share your information that we collect for following purposes:
a). With the Lab Partners: We may share your information with our business partners, to the extent
it is
necessary to (i) render Services to you (ii) enable the features and functionalities of the
Application.
Illustratively, if you are a End User your Personal Information and Sensitive Personal Data and
Information will
be shared with our business partners for providing diagnostic services.
b). For Compliance with Laws: We may share this information with governmental agencies or other
agencies
assisting us, when we are:
i). Obligated under the applicable laws or in good faith to respond to directions from
legal/statutory
authorities including police officials, courts etc.; or
ii. Responding to claims that an advertisement, posting or other content violates the intellectual
property
rights of a third party;
iii. Under a duty to disclose or share your personal data in order to enforce our Terms of Use and
other
agreements, policies or to protect the rights, property, or safety of the Company, our customers, or
others, or
in the event of a claim or dispute relating to your use of our Services. This includes exchanging
information
with other companies and organizations for the purposes of fraud detection and credit risk
reduction.
c). For Internal Use: We may share your information with any present or future member of our “Group”
(as defined
below)or affiliates for our internal business purposes The term “Group” means, with respect to any
person, any
entity that is controlled by such person, or any entity that controls such person, or any entity
that is under
common control with such person, whether directly or indirectly, or, in the case of a natural
person, any
Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent
applicable)
of such person.
5. Payment
a) Payment in relation to the Services shall be made as per the payment terms as displayed at the
time of
choosing of the Services.
b) The fees for any Services shall be displayed before the End User avails it. Once the payment is
made, the End
User acknowledges that the refund will be done as per the policy.
6. Confidentiality
Users agree and understand that they are likely to acquire non-proprietary, commercially sensitive
information
about BetaCura, inter alia about its user base, business models, strategies, products, vendors,
employees,
business partner (“BetaCura Confidential Information”). By agreeing to receive Services and use the
Application,
all of these Users agree to maintain strict confidentiality of the BetaCura Confidential Information
and not to
disclose it to any person without the prior written consent of BetaCura
7. Policy Changes –
We may occasionally update this Policy and such changes will be posted on this page. If we make any
significant
changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such
as via
prominent notice on the Application or to your email address on record and where required by
applicable law, we
will obtain your consent. To the extent permitted under the applicable law, your continued use of
our Services
after we publish or send a notice about our changes to this Policy shall constitute your consent to
the updated
Policy.
8. Refund Policy –
8.1 In the event that, the Practitioner with whom User has booked a paid appointment via the
Website, has not
been able to meet the User, User will need to write to us at info@betacura.com within five (5) days
from the
occurrence of such event; in which case, the entire amount as mentioned on the Website will be
refunded to the
User within the next six (6) business days in the original mode of payment done by the User while
booking. In
case where the User, does not show up for the appointment booked with a Practitioner, without
cancelling the
appointment beforehand, the amount will not be refunded, and treated as under Clause 8.2
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the
User at the
exact time of the scheduled appointment time and the User is required to wait, irrespective of the
fact whether
the User is required to wait or choose to not obtain the medical services from the said
Practitioner.
Clause 8.2 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up
at the
concerned Practitioner’s clinic:
Patient- No-Show (P.N.S) is defined as, any instance where a User, who booked an appointment on the
Website
using the Book Appointment facility , has not turned up for the appointment without cancelling,
rescheduling, or
informing the Betacura team in advance about the same.
