Terms of Service

About Us

M/s EArk Endeavours Private Limited, A-1693, 2nd Floor, Greenfields, Faridabad., a Private Limited Company Registered under the provisions of the Companies Act, 2013, having its registered office at “A-1693, 2nd Floor, Greenfields, Faridabad is in the business of operating a mobile application by the name of MEDICAUSE which intends to provide a platform to setup an online presence and use the app to connect the patients/users with healthcare service/product providers like Doctors, hospitals, Pathology and Radiology labs, Home Care individuals/centres, Pharmacies, Ambulance service providers, Opticians etc. which company seeks to rope in as vendors of the Company.

MEDICAUSE mobile application offers a broad spectrum of e-health care services over a single platform. Highly cost effective and timesaving, this end-to-end healthcare solution can prove helpful in meeting the increasing medical demands amid healthcare worker shortages and minimizing risk of infection and pandemic spread. First of its kind, the MEDICAUSE app improves communication and collaboration, leaving little room for errors.

Terms of Use

Welcome to the MEDICAUSE mobile application, a first of its kind app providing e-healthcare services to its users. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS ‘TERMS OF USE’ AND OUR ‘PRIVACY POLICY’. MEDICAUSE MAY MODIFY THESE ‘TERMS OF USE’ FROM TIME TO TIME AND SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING AN UPDATED ‘TERMS OF USE’ ON THE SERVICES WITH OR WITHOUT ANY NOTICE TO YOU. WE WILL UPDATE THE "LAST UPDATED DATE" IN THE ‘TERMS OF USE’. YOU AGREE TO BE BOUND BY ANY CHANGES TO THESE ‘TERMS OF USE’ WHEN YOU USE THE SERVICE AFTER ANY SUCH MODIFICATION IS POSTED. YOU ARE RESPONSIBLE FOR REVIEWING ANY APPLICABLE CHANGES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE ‘TERMS OF USE’, YOU MUST NOT ACCESS OR USE THE MEDICAUSE SERVICES.

Definitions

“MEDICAUSE" "we" "us" or "our" shall mean, M/s EArk Endeavours Private Limited having its registered office at A-1693, 2nd Floor, Greenfields, Faridabad- 121003 (The Company) incorporated Companies Act 2013.

"Users", "You", "Your" shall mean and include the individuals and companies who will have accesses to the Platform for availing the Services.

"Platform", means and includes the mobile application MEDICAUSE developed and owned by M/s EArk Endeavours Private Limited, to enable the Users to avail the Services through the Platform.

"Services" shall mean Services offered through the Platform, to the Users. We link customers with their selected vendors. Users can share their medical data or information to provide us with sufficient knowledge to connect users to vendors.

Parties to this Agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party (collectively your company), User represent and warrant that User has the authority to act on behalf of and bind his company to the terms of use and everywhere in this Terms of use that refers to User, shall also include User’s company.

M/s EArk Endeavours Private Limited together with its subsidiaries are the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.

Modification of Terms of Use

M/s EArk Endeavours Private Limited wants to continually improve the Platform experience for the Users, so M/s EArk Endeavours Private Limited may change terms from time to time. M/s EArk Endeavours Private Limited reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on the Platform. User agrees to be bound to any changes to this "terms of use" if User continues to use this Platform after any such modification is posted. Users of the Platform have an affirmative duty, to keep themselves informed of changes.

Limitation of Liability

USER UNDERSTANDS AND AGREES THAT M/S EARK ENDEAVOURS PRIVATE LIMITED SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF M/S EARK ENDEAVOURS PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE , ITS SERVICE; (ii) PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND/OR ITS SERVICE; (iii) ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM AND/OR SERVICE.

VENDORS SHALL HAVE COMPLETE LIABILITY FOR ANY LEGAL ISSUES THAT ARISE WHILE USERS SEEK THEIR SERVICES. M/S EARK ENDEAVOURS PRIVATE LIMITED SHALL NOT BE RESPONSIBLE AND ITS RESPONSIBILITY IS LIMITED TO ADDRESSING ANY COMPLAINS LODGED BY USERS PERTAINING TO THE WEBSITE OR APPLICATION

General Information

Entire Agreement

The Terms of Use and the Privacy policy referenced herein constitute the entire agreement between the User and M/s EArk Endeavours Private Limited and govern User’s visit and/or use of the Platform and the services, superseding any prior agreements or any other agreements, terms and conditions between User and M/s EArk Endeavours Private Limited. User may be subject to additional terms and conditions that may apply when the User use or purchase certain other M/s EArk Endeavours Private Limited’s services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

The Terms of Use and the relationship between User and M/s EArk Endeavours Private Limited shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim user may have with respect to the Services or the Platform must be commenced within one (1) month after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of the Platform agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to the Platform, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of “Indian Arbitration and Conciliation Act 1996”. Arbitration shall take place in English language and the seat of arbitration shall be at Faridabad, India. The users to the Platform hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Faridabad, India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights are hereby waived by the users.

Waiver and Severability of Terms

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

Assignment

User may not assign any of User’s rights in these Terms, and any such attempt is void, but M/s EArk Endeavours Private Limited may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Force Majeure

Without limiting the foregoing, under no circumstances shall M/s EArk Endeavours Private Limited be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.

No agency relationship

User agree that no joint venture, partnership, employment, or agency relationship exists between User and M/s EArk Endeavours Private Limited as a result of these Terms of Use or User’s use of the Platform and the Services.

1. Service Agreement

By using Medicause's services, you agree to these terms and conditions. Our services include online consultations, health checkups, home care services, lab tests, and medicine delivery. We reserve the right to modify or discontinue any service without prior notice.

2. User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account
• Not share your account credentials
• Update your information as needed
• Use our services in compliance with applicable laws

3. Medical Services

While we strive to provide high-quality healthcare services, we do not guarantee specific medical outcomes. Our platform facilitates healthcare delivery but does not replace emergency medical services. In case of medical emergencies, please contact your local emergency services immediately.

4. Payment Terms

Payment is required for all services unless otherwise specified. We accept various payment methods and will provide clear pricing information before any service is rendered. Refunds are processed according to our refund policy and applicable laws.

5. Limitation of Liability

Medicause and its partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services. This includes but is not limited to loss of data, profits, or business opportunities.