Terms and Conditions

Please read these terms of use carefully. By accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. By accessing these web site pages (collectively, the “Site”), mobile applications and/or other digital services (together with the Site, the “Services”) belonging to or operated by Arctern Healthcare Private Limited a company incorporated under the Companies Act, 1956, having its registered office at ARCTERN HEALTHCARE PRIVATE LIMITED, Regd. Off.: 402, Tower-14, Close North Nirwana Country Near Fresco Apartment Gurgaon-122018, Haryana, India and its affiliates (collectively, “Uncover” “we,” “us,” or “our”), including the https://www.uncover.co.in site, you agree to the following terms of use (the “Terms”). The Platform is developed and maintained by the Company.

By accessing, viewing, downloading, installing, and/or using the Platform or the services offered through the Platform, you voluntarily and unconditionally accept to and agree to be bound by the Terms of Service and the Privacy Policy.

TERMS OF USE

We Facilitate A Variety Of Online Products And Services Enabled By Telephone, Internet, Online Messaging, Online Chat, And Other Methods (“Services”).

The following terms and conditions of use (“terms”, “terms of use”, “agreement”) govern your use of Uncover website, its sub-domains and related sites if any offered by the company. 

We reserve the right to change the terms and conditions of this user agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. You understand that the terms May be revised from time to time, and you understand and agree that you are bound by such terms till you access this website. If you have any queries about the terms and conditions of this agreement or have any complaints, comments on or about the website, please email us at [email protected].

By using our website, you hereby consent to our terms, as detailed below. 

• All the information on the website is published in good faith and for general information purpose only.
• We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website, is strictly at your own risk.
• We will not be liable for any losses and/or damages in connection with the use of our website.
• The website may provide content from other internet websites, apps or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case.
• We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website.
• These Terms of Use and 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”.

Eligibility to Use

• Use of the Website is available only to persons who can form legally binding contracts under applicable law.
• Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the website.
• We reserve the right to terminate your membership and refuse to provide you with access to the website at our sole discretion.
• The website access is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
• If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
• We make no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India.
• Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Registration

In order to use the website, you must register for an account with us (“Account”). You represent and warrant that the registration and any Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security related to the Website.

Ownership/Restrictions

The website is owned and provided by us. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on computers, smart phones or other mobile devices that you own or control. We can terminate this license at any time and with or without any reason. That the website’s layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website(“Content”) contained in the Website are proprietary to us, our affiliates and/or third-party licensors. The Content is protected by Indian and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit permission . All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by us or our licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Intent of Website

The material and information available on this Website is intended for informational purposes only, and does not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals in your jurisdiction. Do not use this website or any of our services for emergency medical needs. You understand that, in case of a medical emergency, you must consult a qualified medical provider or other relevant professionals in your jurisdiction. Please consult a healthcare professional or other advisor for specific recommendations about your condition. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at the user’s own risk.

THIS WEBSITEIS NOT INTENDED TO BE USED TO:

• Treat a medical emergency or medical condition.
• Advise or resolve any medical issues outside the scope of what has been agreed or provided.
• Information or advice provided on the Website by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment.
• Nothing transmitted to or from this Website constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site.
• The site is not intended to diagnose a medical condition.

Content Accuracy

Though we have taken precaution to provide accurate data and information, we cannot and do not provide medical advice on this website. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The information made available on this Website changes rapidly and therefore, some of the information may be out of date. You agree to bear all risk associated with the use of or reliance on any such information, and release and hold us harmless from cause of action that may arise in connection with your reliance on information contained in this website.

Objectionable Content

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

User Conduct

As a condition of your continued access to and use of the website, you agree to abide by all applicable laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use may result in the termination of your Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

• License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the website;
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the website;
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• Access or use the Website in order to build a similar or competitive product or service;
• Remove or destroy any copyright notices or other proprietary markings contained in the website;
• Use the Website to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
• Disrupt, disable, overburden, impair or otherwise interfere with the operation of the Website or the servers or networks connected to the website, or violate the regulations, policies or procedures of such servers and networks;
• Attempt to gain unauthorized access to the Website or other computer systems or networks connected to the website, through password mining or any other means;
• Use the Website to harvest or otherwise collect or store any information for purposes other than those designed and implemented by us.
• copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
• Interfere with another User’s use and enjoyment of the Website;
• Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about the Website or use the Website to upload or share any content that: infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website; is unlawful, harmful, threatening, blasphemous, abusive, harassing, tortuous, defamatory, vulgar, obscene, paedophilic , pornographic, libellous, invasive of another’s privacy, hateful, racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable;
• Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of duplicative or unsolicited messages, whether commercial or otherwise or Violates any law, regulation or contractual obligations.
• 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. Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Platform Security

For the purposes of this Agreement, the term Platform shall include the website wherein the channel of communication involves email, phone and chat. You are prohibited from violating or attempting to violate the security of the Website by: Accessing data not intended for you or logging onto a server or an account which you are not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing; Sending unsolicited email, including promotions and/or advertising of products or services; or Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. When you submit your phone number along with your address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

THE PLATFORM USER

The Website is accessible to visitors/non-registered user, registered users and registered medical practitioners. “Registered User” are users who have downloaded the website by providing certain mandatory Information and use the website by username and password generated at the time of registration. Non-Registered User” is a user who has not registered and may have limited access to the information provided by website.

ROLE OF UNCOVER

UNCOVER role is limited to:

1. a) connecting the user of the website with the area specific derma professional based on the requirement of the user.
2. b) providing a medium for Registered Users to seek derma services related questions and derma professionals to provide preliminary and generic information to the questions
3. c) providing a medium for private interaction between Registered User and Dermatologist.
4. d) providing home-based services/treatments to the user by a qualified derma professional.

LINKS TO THIRD PARTY WEBSITES

User may be provided links on the Website that direct User to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”). Uncover does not promote any Third Party Websites that are available on Website. Links to such Third Party Websites are provided for Users convenience only. Users are required to apply independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. User shall click on such link on website on their own volition. Users use 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 Uncover is not responsible for Your use of any Third Party Websites.

PROPRIETARY RIGHTS

The website content are protected by applicable intellectual property laws. All intellectual property associated with Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Uncover or its licensors. By using the website User is not granted any rights impliedly or expressly. Uncover and/or its licensors own all proprietary rights with respect to names and trademarks contained on the Website. The name, “Uncover” is the trademark (or any other intellectual property right) of Arctern Healthcare Private Limited  and/or its licensors. Any use of the 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 Uncover and may be actionable under the applicable laws. 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. Unless expressly authorized by Uncover, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Uncover, in whole or in part, by any means.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank or other payment wallet service providers that may be used and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Privacy

We respect your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Refusal of Service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice if a computer virus, bug, or other technical problem corrupts the security, or for proper administration of the service.

Changes

We reserve the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of “Last Updated” at the bottom of this document. Continued use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from us to you for so being bound.

Termination

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for any service already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Applicable Laws

These Terms of Use will be governed by and construed in accordance with the laws of the Union of India applicable therein. DISCLAIMER / LIMITATION OF LIABILITY THE WEBSITE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE MAKES NO WARRANTIES REGARDING ANY THE ACCURACY OF INFORMATION ON THIS WEBSITE. YOU EXPRESSLY RELEASE AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE. The user EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF users DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, THE USER’S CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to Email, Phone or any other Service). When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of the Company and its suppliers. Accordingly, the Company assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an “as is” basis. The Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, the Company, its licensors, and its suppliers make no representations, warranties or guarantees about the following: the accuracy, reliability, completeness, correctness, authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to the user on or through the use of the Site. The compliance by the Company, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site We understand/ agree that we make no claim that the contents of the website, such as text, graphics, images and information obtained from service providers and any other material contained on the Website is appropriate or may be downloaded in a particular jurisdiction. Access to the Website and Content may not be legal by certain persons or in certain states or countries. If you access the Website from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability, user submissions, Indemnity, Jurisdiction, and Entire Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever. We also understand that for all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, we should confirm that such action is applicable and suitable to us, by referring to our own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in person medical advice or onsite and extensive investigations are hereby accepted and agreed to by us. We further absolve from all liability, Uncover and its owners, managers, directors, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the website We also absolve professionals engaged by the Company who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by us through the use of the services. You as the user agree that the website shall be used on own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Website and the Content is therefore entirely at your own risk. To the extent permitted by law, all legal claims if any, arising in connection with your use of the Website and any of its Content, shall be brought within One (1) year from the date of occurrence of the event giving rise to such action.

Indemnity

You agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your Account, or any alleged violation by you or anyone using your Account of these Terms of Use, including, without limitation, the Code of Conduct. In particular, you agree to indemnify the Company , its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the Website. This Website is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

Jurisdiction, Mediation & Arbitration

We hope that any dispute will be resolved amicably by Mediation between both the parties. Failing which, the dispute will be subject to arbitration in Gurgaon in English under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gurgaon.

Cancellation and Refund Policy

In exceptional cases, if you believe that you are not satisfied by the consultation or that certain terms are violated, you can discuss that in the chat window inside your website or email [email protected]. Whether a refund is provided is solely based on the company’s discretion. All such grievances and refund requests must be submitted within 7 days of the payment.

CONTACT INFORMATION GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Mani Yadav

Email: [email protected]

Entire Agreement & Severability

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Questions If you have any questions or comments regarding these Terms of Use please contact us at [email protected]