TERMS OF USE

Curerskin  (earlier known as Heallo skin expert app) refer to a set of online services operated and managed by Cure And Care Wellness Private Ltd (“We”, “Our”, “Ours, “Us”). 

We facilitate a variety of online products and services enabled by telephone, internet, online messaging, online chat, smartphone apps and other methods (“Services”).

The following terms and conditions of use (“Terms”, Terms of Use”, “Agreement”) govern your use of Cureskin (earlier known as Heallo skin expert app), CureSkin website, its sub-domains and related sites as well as other mobile apps on several platforms offered by the company. 

Collectively, all websites and apps and the Services offered through them will be referred to in these Terms hereafter by the terms “App”. These Terms form an agreement between you (“You”, “User“, “Users”) and the app. By using this App, it is implied that you accept to be bound by the Terms of Use. 

We reserve the right to change the Terms of Use from time to time. We will inform you any changes according to applicable Indian laws. However it is also 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 app. If you have any queries about these Terms or have any complaints, comments on or about the App, please email us at hello@cureskin.com.

By using our App, you hereby consent to our Terms, as detailed below. 

✔ All the information on this App 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 App, 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.

✔ From our app, you may be able to visit or open other apps or websites by following hyperlinks to such external sites.

✔ The website provides content from other internet websites, apps, or resources and while we try to ensure that material included on the App 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.

✔Please be aware that when you leave our app, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the “privacy policies” of these sites as well as their “terms of service” before engaging in any business or uploading any information. 

 

Eligibility to use

✔ Use of the Website is available only to persons who can form legally binding contracts under applicable law.

✔ We reserve the right to terminate Your membership and refuse to provide You with access to the App at Our sole discretion.

✔ The App 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.

✔ The App and website may be browsed from outside India, but the Services, include AI services, and products are not available for users outside India. We do not provide telemedicine or delivery of our products outside India and urge you not to attempt to avail the same.

 

Registration

To use the App, 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 are solely responsible for any and all activity that occurs in the App 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 App.

 

Ownership/Restrictions

The App is owned and provided by Us. You are granted a limited, revocable, non-transferable, non-exclusive license to use the App on computers, smartphones, or other mobile devices that You own or control. We can terminate this license at any time and with or without any reason. The App’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 App (“Content”) contained in the App 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 App 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 App 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 App.

 

Intent of App

The material and information available on this App is intended for informational purposes only. Only advise provided by the registered medical practitioners You consult, may constitute health advise. Do not use this App 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 provide curated kits of products based on analysis of Your skin or hair, which may include medicines prescribed by a registered medical practitioner on the App. Reliance on any information provided by any professional through the App, employees, others appearing on the App at our invitation, or other visitors to the App is solely at Your own risk.

 

THIS APP IS NOT INTENDED TO BE USED TO:

Before consulting with a professional through the App, You must treat any information as described below and not use the App for the following purposes:

✔ Treat a medical emergency.

✔ Advise or resolve legal, medical, or financial issues outside the scope of what has been agreed or provided.

✔ Information or advice provided on the App 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 App constitutes the establishment of a doctor-patient relationship between You and any professional providing information or advice through the App.

✔ 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 monitor post’s by the professionals registered on the App as the content is posted in real time and not reviewed by Us prior to posting. 

✔The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. You shall always seek the advice of an attorney, physician, financial professional or such other professional within the Your jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical, or financial advice or delay in seeking it because of information provided by a professional through the App. The information made available on this App 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 App.

✔You understand and agree that We do not regularly review the posts on the App and the views expressed therein are those of the posters and do not necessarily reflect those of the owners, managers, directors, employees, agents, partners, advertisers or affiliates of Cureskin. We assume no responsibility for the posts or the information contained therein, nor do We make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the App or in the posts. All advice and/or information obtained directly or indirectly from the App are provided at Your own risk.

 

Objectionable Content

You shall not post objectionable Content on the App. You understand that by using this App or any Services provided on the App, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, where such Content may or may not be identified or labelled by Us as such. You agree to use the App 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, where We have taken reasonable steps to takedown or address such Content upon being notified by You.

 

User Conduct

As a condition of Your continued access to and use of the App, You agree to abide by all applicable laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following “Code of Conduct” 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 App;

* Modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the App;

* Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

* Access or use the App in order to build a similar or competitive product or Service;

* Remove or destroy any copyright notices or other proprietary markings contained in the App;

* Use the App 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 App or the servers or networks connected to the App, or violate the regulations, policies or procedures of such servers and networks;

* Attempt to gain unauthorized access to the App or other computer systems or networks connected to the App, through password mining or any other means;

* Use the App 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 App, except in accordance with these Terms of Use;

* Interfere with another User’s use and enjoyment of the App;

* 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 App or use the App 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.

 

Enforcement

We reserve the right (but have no obligation) to review any content that You upload to the App. We may remove any content that violates the Code of Conduct, and suspend or terminate Your Account at any time for any reason in Our sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has used the App for the above purposes, then upon receiving such complaint We will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by us before they are posted to the App. We reserve the right to terminate the Account in question. We also reserve the right to initiate legal action against You.

 

Platform Security

For the purposes of this Agreement, the term App includees any channel of communication involves email, phone, video, chat, SMS as well as notifications. You are prohibited from violating or attempting to violate the security of the App 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 App, 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 App or any activity being conducted on this App.

 

Communication

When You visit the App 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 App. 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.

 

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”). Cureskin 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 Cureskin is not responsible for Your use of any Third Party Websites.

 

PROPRIETARY RIGHTS

The App, User Content RMP Content and the Our Content are protected by applicable intellectual property laws. Our rights to the App and Our Content, include all intellectual property associated with App, any software, techniques, and processes used in connection with the App, belongs exclusively to Us or Our licensors. By using the App, the User is not granted any rights impliedly or expressly. We and/or Our licensors own all proprietary rights with respect to names and trademarks contained on the Website. The name, “Cureskin” is the trademark and copyright (or any other intellectual property right) of Ours and/or Our 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 Ours and may be actionable under the applicable laws. Except as stated otherwise in this Agreement all Our Content (including all intellectual property rights to such content) is owned exclusively by Us and/or Our licensors. When You use the App in accordance with this Agreement, We grant You a limited royalty-free right to use Our Content for personal and non-commercial use in India for the time that You are either a Registered User or an RMP or for the time that You make use of the App, whichever is less. 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 Us, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Our 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. Rights in User Content And RMP Content All the rights including intellectual property right with respect to user content is vested with User. You hereby grant Cureskin perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or RMP Content (in case You are a RMP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or RMP Content, as the case may me, and create derivate works of the User Content or RMP Content, as the case may be.

 

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 App 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 App 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 App and any other unlawful acts or acts or omissions in breach of these Terms 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. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the App (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. We will also inform you of any changes once a year. Continued use of the App 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 App, provided that You discontinue any further use of this App. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny You access to the App. 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 App, 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 App 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 make 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 App, any information obtained through the App 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 App 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 App (Including but not limited to Live Chat, Email, Phone or any other Service). When using the App, 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 App. 

✔The App 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 App. 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 App. 

✔ We understand/ agree that we make no claim that the contents of the App, such as text, graphics, images and information obtained from service providers and any other material contained on the App is appropriate or may be downloaded in a particular jurisdiction. Access to the App and Content may not be legal by certain persons or in certain states or countries. If you access the App 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, You should confirm that such action is applicable and suitable to You, by referring to Your 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. You further absolve from all liability, Us and Our 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 App. 

✔You also absolve professionals engaged by Us, who offer Services through the App 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 App 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 App and the Content is therefore entirely at your own risk. 

✔As the User, You agree that, to the fullest extent permitted by law, Cure And Care Wellness Private Ltd, its licensors, its suppliers, nor any third parties mentioned on the App shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by you, of the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. To the extent permitted by law, all legal claims if any, arising in connection with your use of the App 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 Us,  Our 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 App 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 Us , our 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 App. This  information on theApp is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional on or outside of the App 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 Bangalore 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 , Our employees, directors, officers, agents and their successors and assignees, and Us, 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 Bangalore.

 

Cancellation and Refund Policy

Please see the refund, return, and cancellation policy here.

 

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 App/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to the App/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 hello@cureskin.com.

 

Grievance redressal:

Our grievance officer and point of contact (“Grievance Officer“) for the purposes of the ‘Consumer Protection (E-commerce) Rules, 2020’, and the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021’, is:

Name: Swati Rani
Contact: 080 46809361
Timings: Monday to Friday between 9am to 6pm