Please read these Terms of Use (“Terms”) carefully, they establish a legally binding contract-

• By having created a user account with us
• By using our website and any type of content (video, images, words and more) in it
• By making a call to Femicure facility / Femicure customer care / Femicure service Providers

You should be aware that Femicure is a healthcare and wellness facilitator and not a licensed medical care provider or a licensed provider of medical advice. Femicure is neither a medical institution nor a medical clinic.

ANY OF FEMICURE SERVICES IS NOT ENVISIONED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY DISEASE OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED DOCTOR, SPECIALISTS OR PRACTITIONER OR ANY OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE TAKING ANY DECISIONS OR ANY ACTIONS THAT MAY AFFECT YOUR OR YOUR FAMILY’S HEALTH AND SAFETY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DFEMICUREY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE WEBSITE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR HEALTHCARE PROVIDER OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

We reserve the right to change these terms from time to time, and such changes will become applicable to you if you continue to use the Femicure website (femicure.com) or use any of Femicure services at any time after such changes are posted on our Website. Where we believe that any changes are solid and major, we will notify you through an alerts on our Website and/or an email to the address you have provided us, but irrespective of whether you receive such notice, any changes will become effective if you continue to use the website at any time after such changes are published. We recommend that you visit this page periodically to be sure that you are aware of the most recent terms of this agreement.

If you do not agree to these terms, do not use any of the femicure.com or any of our services. If you do not wish to agree to any changes to these terms, please cease using femicure.com and also deactivate your account.

The Parties to this Agreement. (regarding names of part, right of Femicure to delete the account)

These terms describe a contractual agreement between you, the user of femicure.com (“you”, “your”), Femicure Healthcare Pvt. Ltd. (collectively “Femicure”, “us”, “we'', “our”, “Company”, “Femicure Website”), regarding your use of our website, femicure.com (“Website”), or any other portion of our service (together with the Website, Healthcare Facilitation Services, Medical Value Travel (MVT) Services the “Services”). Femicure has the right to refuse registration or cancel your user account in its discretion for any reason or for no reason. Without limiting the simplification of the foregoing, you specifically acknowledge that Femicure has the right to dismiss or limit your account in the event that Femicure determines, in its sole discretion, that you have dishonoured the policies of the Services or any forum used by you, including activities that unfavourably affect the experience of other users.

You Must Be Eligible to Use Our Services

To be eligible to use the Services-

• You must be at least 18 years old, depending on the kind of Femicure services being accessed.
• You must have the permission of your parent or legal guardian if you are below 18 years of age.
• You (or your parent/guardian) must agree to be bound by these Terms. If you do not meet any and all of these criteria, please do NOT use the Services.

Any consideration of cosmetic treatment, joint replacement, bariatric treatment, pregnancy, women's health, fertility health and more such treatment which are very significant. While Femicure services are offered to help you down in this journey, they are not auxiliary for mature evaluation of what is right for you. We strongly recommend that you should not take any actions lightly, but particularly if you are less than 18 years of age, we recommend that you refer with responsible adults who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life-altering.

Femicure Does Not Offer Medical Advice

Femicure does not advise or counsel the users of the website in medical matters. Femicure is a healthcare and wellness facilitator, helping users in booking an appointment with the relevant doctor in their location and providing other required non-medical assistance and support. The contents of the website, and services, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, business partners or any other information which you may obtain in connection with your use of the services are for informational purposes only. It shall not be considered medical advice in any way.

“Contents” Are Provided for Your Information Only

These Contents do not constitute professional medical advice, diagnosis, or treatment, and you should not rely on them as such. The doctor or medical practitioner who generally sees you or the patient has precise medical knowledge about you or the patient. So, he/she should always be consulted if there’s a medical emergency or any questions regarding a medical condition. Your decision to rely on any information you obtain in connection with your use of the services is at your sole discretion and risk.
In addition, you should be aware that all or some of the information from a third-party (the name will be mentioned in this case) isn’t at Femicure liability or responsibility. For sure we try our best and will always want to share reliable and accurate information with you, but in the event of any shortcoming we won’t be liable for the consequences and name of the source will be attached with the content. Finally, you should be aware that Femicure does not promise any particular results, any type of success or guarantee of treatment regardless of whether you follow all the recommendations contained in the services. Similarly, Femicure is not a substitute for natural family planning and should be used along with other contraceptives.

What Femicure is Providing.

Subject to your acceptance of these Terms, Femicure grants to you a non-exclusive, non-transferable, revocable limited license to use the website and any or all of the services. You agree not to use these services and the website for any other purpose, or to copy or distribute the content of the website/ service except as specifically allowed in these terms. You also agree that you have no right to access, view or alter any source code or object code of Femicure or its licensors.
Gender selection & assessment is completely illegal. It’s a criminal offence. Femicure never promotes or entertains any such request. Femicure abides by the laws of the land. Please be aware we may report any such incidence/request to the authorities.

Femicure Services

Femicure also provides information on hospitals/ clinics & doctors along with Healthcare and Wellness Facilitation Services & Medical Value Travel (MVT) Services. Through this, Femicure assists you to get in touch with relevant centres/doctors in India based on independent research and assessment. However, we do not hold any responsibility for treatments, payment made during treatments, risks involved in the treatment or the success of the treatments.
On Femicure you will be provided with the information including Doctor Name, Specialization, Qualifications, Center Name & Clinic address of the listed service provider. Femicure would recommend the user to personally satisfy himself/herself before undertaking treatment from a doctor/ clinic/ centre/ hospital. Femicure do not influence the medical decision or advice of the user in anyway. Femicure aims to provide quality treatment to the users by connecting them to the doctors having high success rates in their respective healthcare field.

Femicure is a Healthcare and Wellness Facilitator /Medical Value Travel facilitator which aims to bridge the gap to make the best medical care and treatments accessible to the users needs and requirements. Femicure provides its unique technology platform, which helps its users, to have the information of several treatment options, credentials of a doctor/ specialist/ clinic or a hospital and other information of the hospital. Femicure along with its information technology do the handholding to make the entire experience of having medical care stress-free in terms of getting access to the doctors and seeking appointments. The user of the platform will get automatic alerts and appointments would be set up as per the user convenience (Femicur Women, do we want to change it?). Femicure customer care executives assist the users in the moment of confusion and uncertainty too. We facilitate only altruistic surrogacy in India.

Though we have tried our best to gather accurate information, however, we do not give any assurance or guarantee about the contents of the same. This information is general in nature and can vary from patient to patient based on their specific conditions as decided by the particular hospital/centre/doctor. Femicure takes no responsibility for the accuracy of the information provided on its platform. By accessing or browsing the Website you agree to the following:

• Femicure lists on its Website the Specialists/Doctors/Clinics/Hospitals as per the public data available. Femicure also takes into account the feedback from Patients/ Doctors to update the data from time to time & any changes, which may take place in the source of the data. Femicure does not guarantee and is therefore not responsible for the accuracy or correctness of any of the data listed and is the sole responsibility of the viewer to check the same at their end.
• The specialists/clinics listed on Femicure Website can request for change of the data by writing us at care@femicure.com and the same shall be updated within 2 weeks of placing such request.
• Once Femicure lists the specialist/clinic on their website, the specialist or the owner/representative of the clinic can reach back to Femicure to make any modifications or take the information down within two weeks of the listing, else it will be considered as accepted by the specialist/clinic. (Femicurewomen)
• Femicure does not claim any Intellectual Property Rights of the Trademark, Logo, Photos of the listed Specialist/Clinic and is only using the data which is publicly available & displayed to provide up to date information to the users. None of the Specialist/Clinic/User can claim any responsibility for the data displayed for its correctness/accuracy/infringement of any IP Rights whatsoever and Femicure shall not be responsible and shall not entertain any such claims rFemicureted to the same.
• Any treatment initiated by the Patient is the Femicuretionship between the doctor/center and the patient; and Femicure doesn't interfere into any of the processes and shall not be responsible for the quality of the services & treatment, success/failure of the treatment and/or any medical errors.
• Femicure is not responsible for any dispute which may arise between the patient & doctor/center at any point.
• Femicure doesn't take responsibility for any claims being made by the patient or center/doctor regarding the treatment, facilities, success rates or treatment costs.
• Patient, doctor & center are automatically in conformance with all these Terms & Conditions as soon as they start any communication with Femicure (on phone or/and on email or/and by virtue of using Femicure's website) or its users and these may change anytime without any further notice.
• Femicure solely believes in transparency for all its patients alike and is committed to delivering the best services to all its users and we strive hard to make your treatment journey smooth by facilitating all communication with the doctor through Femicure Customer Care Executives.
• Femicure is only a Healthcare and Wellness Facilitator and shall not be responsible or liable for any representations made by doctor/clinic/medical staff or centre as well as for any of the acts or omissions of the doctor/medical staff/centre including but not limited to the success or negligence in treatment.
• Femicure Platform should not be confused with referral platform; we do not recommend any particular doctor. Through the use of Femicure technology platform, you will be able to access the best medical care for yourself.

Confidentiality

All of our services are confidential. We cannot reveal any of your personal information without your implicit consent. You should know that information from your support sessions would be shared with other members within the facilitation team to provide you with the best care possible. There are exceptions to confidentiality where your planner has a legal duty to take action in accordance with the laws of India and Privacy Policy of the Femicure.

Your Privacy and Data Usage

Given the nature of the information that can be shared on our platform, we realise the importance of protecting the privacy of our users. You should be aware that Femicure may collect and assemble a variety of information regarding the use of the services by you, and may cause the service to communicate to Femicure information about its operations even if you are not connected to the internet or mobile service. Femicure is the sole owner of all such information it collects. Collection and management of such information are governed by our ‘Privacy Policy’ that is hereby made part of this agreement. Femicure uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by Femicure in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not promise that our security measures will stop third-party "hackers" from illegally accessing our site and gaining access to content or information thereon. We may disclose or transfer the collected information as described in our Privacy Policy. Please review Privacy Policy for details; by agreeing to these Terms you are also accepting to our ‘Privacy Policy’ as if all of such policy were quoted here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services. Femicure does not disclose your personal information with the third party without your implicit permission. In some cases, we may share your required information with the centres/ doctors to facilitate the services you are seeking from our platform.

Client Consent to availing services

By using Femicure’s facilitation services you automatically agree to the below terms:

• I have had sufficient time to consider the above information and ask any questions regarding it.
• I understand my rights, the limits to confidentiality.
• I agree to provide correct and required information to Femicure.

By using Femicure services, you have read and agreed to all the terms listed. In case you do not agree to any of these terms, please stop using Femicure services effective immediately and kindly write us at info@femicure.com and we will take prompt action to complete discontinuation of the services we have provided.

The Privacy of Others.

In case of some forums or by any other reasons there are chances that you might get to learn private information about other users. Also, you may meet other users and prefer to share information directly. You are bound to and required to agree for not disclosing information of other users, no matter if you obtained it through the use of the services or website forums. You should also agree to not share information to third parties or using such information for any purpose (especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the services. Nevertheless, as described above, we may make some or all of the content of our blogs, message boards and online/mobile forums available to users and non-users on the Internet. It is the sole responsibility of the user to be cautious while sharing any personal information on the forums or while communicating with any other user of the website.

Intellectual Property.

All content, design, graphics, blogs, infographics, images, compilation, magnetic translation, digital conversion and other matters making up the services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Femicure or one of its affiliates. Use of the services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any rights in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to do in these Terms.

Comments, Feedback, Suggestions, Ideas, Forum Posts, And Other Submissions.

The Services may invite you to chat or participate in blogs, message boards, online/mobile forums and other functionality that will be viewed by other users and/or the general public. Any material you transmit to Femicure or otherwise through these services will be treated as non-confidential and non-proprietary. You hereby agree that Femicure shall own all copyrights to any comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted, or offered to Femicure in connection with the use of the Services or otherwise and any chat, blog, message board, online/mobile forum, text, email or other communication with Femicure. You agree that unless otherwise prohibited by law, Femicure may use, sell, exploit and disclose such materials in any manner, without restriction and compensation to you. For example, we may use such materials in several different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their websites and media platforms. More specifically, you should be aware that in the interest of promoting Femicure and/or the advancement of knowledge about fertility, bariatrics, IVF, joint replacement, dentistry, slimming, cosmetics and related concepts, we will make all content on our forums searchable on the internet and available both to other users and to the public at large. So, it’s your responsibility to be careful regarding sharing any personal details you disclose through such modes.

Usage Rules.

You agree that your use of and conduct on the Services (including any forum, message board, chat or other communication feature), shall be lawful and will/should not include:

• any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap
• any profanity or obscene, indecent, pornographic, sexual or otherwise objectionable content or language
• any defaming, libelling, ridiculing, mocking, disparaging, threatening, harassing, intimidating or abusing content
• or promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances
• or violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity
• or be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted for any individual feature of the services
• or reveal any personal information about another individual, including address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual
• an attempt to impersonate any other party
• or create user accounts by automated means or under false pretences or mislead others as to the origins of your communications
• or trick, defraud or mislead Femicure or other users, especially in any attempt to learn sensitive account information such as passwords
• or make improper use of Femicure’s support services or submit false reports of abuse or misconduct
• or engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing schemes, without the prior written consent of Femicure
• or create or transmit unwanted electronic communications such as "spam," to other users or members of services or otherwise interfere with other users' or members' enjoyment of the services
• or disparage, tarnish, or otherwise harm, in Femicure’s opinion, Femicure and/or the service
• or disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices
• or copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code
• or reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services
• or accept as may be the result of standard search engine or Internet browser usage, use or launch, developer distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized scripter other software; cover or obscure any notice, banner, advertisement or another branding on the services
• or interfere with or circumvent any security feature of the service or any feature that restricts or enforces limitations on use of or access to the Services
• any type of violation of any rule or policy of one of the forums.

Femicure holds the right to deactivate the account of the user who is found to be involved in any of the above said illegal practices. Femicure can also take the matter to the court if necessary.

We do NOT Make Warranties Regarding the Services.

Other than as expressly set out in this agreement, neither Femicure nor any of our affiliates make any promises about the services. We disclaim all warranties expressed or implied and all services are provided “as-is”:

• We do not promise the success of the treatment.
• We are neither a doctor nor a medical institution.
• We are a healthcare facilitation service between the doctor and the user.
• We make no promises about the reliability, availability or security of the services and related communication of sensitive data other than that we will use commercially reasonable efforts to protect your information as described in our ‘Privacy Policy’.

The content on our Website is provided for general information purposes only. It is not meant to be instruction on which you should act. In particular, the Website should be taken as a replacement for professional medical care by a qualified doctor or healthcare professional. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your health or treatment and before taking, or not taking, any action based on the content on our Website. If you are a healthcare professional then we recommend you to make judgements and decisions best to your understanding and not through our website.

The services and the website (including any mobile application) provided by Femicure are on an “as is” basis. Femicure and its licensors and affiliates make no representations or warranties of any kind, express or implied, as to the operation of the Femicure website or the information, content, materials, or products included on any of the Femicure website or in association with the services. To the fullest extent permissible by applicable law, Femicure, its licensors and affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Femicure and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within or available on any Femicure website. We also do not assure or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.

Contests, Sweepstakes, and Promotions.

From time to time we may organize contests, giveaways, sweepstakes or other similar promotions. Participation may require sharing your details with us or third parties who are acting as a sponsor for such programs. So, check the rules to determine with whom your information might be shared with and how it can be used. Any rules announced at the time of a contest will be in addition to the Contest Policies. Also, as a condition for receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to approve the use of certain information about you in marketing materials. If a third party manages the contest, your participation may be subject to additional terms and conditions and their privacy policy. We are not accountable or answerable for such third parties. You should carefully review the Contest Policies and these third parties' terms and conditions before deciding whether to participate in a contest publicized through the service.

Potential Unavailability

The services may be temporarily unavailable from time to time for maintenance or other reasons. Femicure shall not be liable for any failure type of the website or the services. Such failure might result from any cause, including, but not limited to, those beyond Femicure’s reasonable control, such as mechanical, electronic or server failure or communications failure or degradation (including “line-noise” Interference). You agree that Femicure shall not be liable to you for any loss of materials, content, or any modification, suspension or discontinuance of the services.

Femicure is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with any usage of the Femicure Website and/or in connection with the services.

Under no circumstances will Femicure be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of any Femicure Website, the services, any content or third-party applications, software or content posted on or through any Femicure Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.

Femicure does not control or endorse the content, messages or information provided by users of the Services, including in any chat or forum features, or external sites that may be linked to or from Femicure, its forum and therefore, Femicure specifically disclaims any responsibility with regard thereto.

The services might contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor’s materials.

Limitation of Our Liability.

Your use of the services and the content of the services are at your own risk. Femicure has no liability whatsoever for your use or reliance on any product or service you use or encounter on Femicure Website. In particular, but without limitation, you are agreeing that Femicure is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited to loss of profits, business interruption, loss of information or data, any information or advice found on our site, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations and if you do not agree to these limitations please do not use Femicure services in any way. No advice or information you obtain from us through the services or in support of the services shall create any warranty, representation or guarantee not expressly stated in these terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Femicure is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Femicure concerning the Femicure Website and/or the services.

Also, you specifically agree and acknowledge that Femicure is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party.

Protection of Your Account Information.

User individually or as a group or as a whole are responsible for taking all reasonable steps to ensure that no unauthorized person has access to his/her or their passwords or accounts.

Complete Agreement Between You and Us.

Except as expressly provided, these Terms constitute the entire agreement between you and Femicure with respect to the use of the Femicure Website and/or the services. Your use of the services is also subject to our Privacy Policy.

How We Handle Disputes.

If a dispute arises between you and Femicure, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you to first contact us, we assure to clear your queries or resolve the problem at this step only. To do it now please click on Contact Us.

Arbitration Provision.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SERVICE AND/OR WEBSITE.

Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of any Femicure services, a product offered or provided by or through the services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and Femicure shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms. This includes all the claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory.

YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The Arbitration and Conciliation (Amendment) Act apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Femicure each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of the alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Femicure or our partners pending the completion of the arbitration.

Jurisdiction and Complete Agreement

The laws of Ahmedabad, Gujarat, India without respect to its conflict of laws principles govern these Terms. You and we both agree that the courts of Ahmedabad, Gujarat, India will have exclusive jurisdiction over any disputes or claims that might arise.

Under no case, if a certain provision of these terms is found to be invalid by any court having complete jurisdiction, the invalidity of that provision shall/will not affect the validity of other connected/different remaining provisions, they shall and will remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Indemnification.

You agree to indemnify and hold Femicure (and any employee, officer, director or affiliate of Femicure, each a "Company Person") harmless (including costs and attorney's' fees) from any claim or demand made by any third party which arose out of your access or use of the services, or the violation of these terms by you, or the infringement by you, or any third party using your account, or any intellectual property or other right of any person or entity, or for any content posted through the services by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Femicure or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise distribute using, or in connection with, the services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the services.

Term and Termination.

Unless terminated by Femicure, these Terms will remain in full force and effect while you use any of the services/products. Subject to the last sentence of this Section, you may terminate the agreement reflected in these Terms at any time by deleting all Femicure Services from your browser, no matter in the computer, mobile or any other gadget and cease to use any type of services from Femicure. Femicure may terminate these Terms concerning you at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by Femicure. Femicure shall have the right to inspect and audit your facilities to confirm the foregoing. If you or Femicure terminate the agreement reflected in these Terms, or if Femicure suspends your access to the services, you agree that Femicure shall have no liability or responsibility to you and Femicure will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Your representations, the Indemnity section, the Dispute Resolution Section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.

Miscellaneous.

Femicure operates and controls the services from India, headquarters in Ahmedabad, Gujarat. Femicure makes no representation that the services are appropriate or available in other locations. The information provided on the services is not meant for sharing or to be used by any person or any entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Femicure to any registration requirement within such jurisdiction or country. Accordingly, those people who choose to access the Services from other locations 'You are expected to check and be responsible for being compliant with the local laws'. The Femicure services may be subject to India export controls. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Femicure service-related materials obtained from the services, Femicure or any other website or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Femicure if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You may not distribute these Terms without our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only. Upon Femicure’s request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Femicure by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Complaints or Notices.

If you believe that your copyrighted work has been copied without your authorization and is available on or in the website or through the services in a way that may constitute copyright infringement, you may provide notice of your claim to the Company as outlined in the Company’s ‘Copyright Policy’. If You believe that any material on or in the website or through the Services violates these Terms, please notify the Company as soon as possible.

• Statute of Limitations: You and Femicure both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services, terms or ‘Privacy Policy’ must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
• No Third-Party Beneficiaries: These Terms are between you and Femicure. No user has any rights to force Femicure to enforce any rights it may have against any you or any other user.

Femipay

Femipay is an online payment solution to pay your medical treatment bills to the hospitals listed on the Femicure Platform. With Femipay online payment mode, you can get 3% discount on your treatment bills. Femipay does not take any charge from the patients for any of the services which are free of cost with all the transparency in terms of payments. Femipay is the world’s most secure and trustworthy platform to make online payments. So now, there is nothing to worry about paying the bills, go for it and do not just pay, Do Femipay.
 
Q1. Shall I have to pay for any additional costs?
Femipay does not charge you any additional cost for its services; instead, you will be getting 3% of an additional discount on every payment made by you with this Femipay Payment Option.

Q2. Femipay is Safe and Secure?
Femipay is completely trusted and reliable in terms of safety and security. We keep our user’s information private as well as use encrypted payment gateway technology. All of the associates follow the RBI guidelines strictly.

Q3. How will I inform the clinic or hospital that I have paid the amount for my treatment?
For this, you do not have to worry as Femipay accepts treatment costs for its associated hospitals or clinics only. Once you complete payment with Femipay to any clinic or hospital, they will get the payment directly in the account of the respective clinic or hospital, and auto-generated digital receipts will be shared with you to confirm the acceptance of the payment & the hospital will be notified on the same.

Q4. Can I cancel my payments? 
All refund requests must be sent to the hospital directly by marking a copy to reach@femicure.com. As the fund is getting transferred to the hospital account immediately after the completion process from the patient side, the patient shall approach to the hospital for the refund process as Femicure is the mediator platform and does not carry any liabilities to fall into the refund process. The refund process will be based on the mutual discussion between the patient and the hospital. 

User/Client Consent to availing services

All Users/Intended Parents herein referred as ‘I/We’ of the Website by means of using/browsing the Website and in any manner reaching out to the Company either through a call or message or email or social channel/in person or through any other manner hereby consent and agree to the following terms:

• I have had ample time to consider the above information and to ask any necessary questions.
• I understand my rights, the limits to confidentiality and the nature of assistance including risks and benefits.
• I understand that assistance is voluntary and I may terminate assistance at any time.
• I agree to provide correct and required information to Femicure.
• I/we are inclined to opt for a treatment of my own choice as required or as the case may be.
• I/we are aware that the ‘Company’ is providing facilitation Services in order to assist us in getting price benefits, smoothening the process of appointment and co-ordination with the clinic.
• I/we understand that the ‘Company’ is providing a description of services for Facilitation purposes only.
• I/we understand that the “Company’ role is limited to facilitation
• I/we shall satisfy ourselves completely before choosing a particular doctor/clinic/hospital. I/we understand that the company does not influence or exercise any pressure to choose any particular clinic/doctor.
• I/we understand that the ‘Company, which means and includes its staff, representatives, employees etc., does not provide any medical opinion or assistance.
• I/we understand that the Treatment shall have complied in accordance with the laws of the country as is applicable.
• I/we understand that Pre-Conception and Pre-Natal Diagnostic Technique for Sex Selection (Gender Selection) are prohibited in India and is a punishable offense. The Company is an Indian entity does not aid, assist or support the same in any part of the world or in any way.
• I/we understand that we shall at our own take legal opinion/ guidance before opting for any particular treatment.
• I/we understand that “Company’’ has zero-tolerance for unethical practices including but not limited to “Gender Selection” and any violation of the laws of the land, I/we shall be solely liable and responsible.
• I/we have made true and correct representations including the ones stated herein and shall indemnify/keep the company indemnified as the case may be for any breach or violation of the stated terms or laws of the land.
• I/we understand that the legitimacy of the child born and grant of parental rights to the child shall be mine/our responsibility and the company shall have no role/liability in the same.
• I/we understand that I/ we shall not abandon the child for any reason whatsoever and shall adopt legal and fair means to grant child rights and if immigration is required then we shall do as per the applicable laws and provide true and correct information to the concerned authorities.
• I/we understand that the company shall not be liable for any medical opinion/negligence or for any medico-legal aspect.
• I/we have thoroughly understood the Terms of Use stated herein and shall be solely responsible for not abiding any such terms or violation of the laws of the land in any nature.

By using Femicure services, you have read and agreed to all the terms listed. In case you do not agree to any of these terms, please stop using Femicure services effective immediately and kindly write us at care@femicure.com and we will take prompt action to complete discontinuation of the services we have provided.