Legal
Ecuretrip Healthtech Private Limited (operating as The Brown Sage)
Please review these terms and conditions (“Terms” or “Terms and Conditions”) and the privacy policy available at https://app.thebrownsage.com/privacy (“Privacy Policy”) carefully before accessing our website, mobile application, and/or WhatsApp interface (collectively, the “Platform”), or availing any services made available thereon by Ecuretrip Healthtech Private Limited (“Ecuretrip”). These Terms, together with the Privacy Policy, constitute a legally binding agreement (“Agreement”) between you and Ecuretrip governing your access to and use of the Platform and the services provided through it.
This Agreement applies to all users of the Platform, including:
(a) healthcare providers, medical practitioners (whether individuals or organizations), or similar institutions seeking to be listed, or already listed, on the Platform, including their duly authorized representatives (“Practitioner(s)” or “User”);
(b) patients, their representatives, or affiliates who access the Platform to search for or engage with Practitioners (“End-User” or “User”); and
(c) any other person accessing or using the Platform for any purpose whatsoever (“User”).
This Agreement governs the services made available by Ecuretrip on the Platform (the “Services”), which include, without limitation, the following:
(a) For Practitioners: enabling the listing of Practitioners on the Platform, including publication of their profiles, professional information, and contact details, for access by other Users and visitors to the Platform, and providing the platform-as-a-service on a subscription basis for continued listing of such Practitioners on the Platform; and
(b) For other Users: enabling Users to (i) search for Practitioners based on name, specialty, geographical location, or such other criteria as may be introduced by Ecuretrip from time to time, and (ii) schedule appointments with Practitioners, including for obtaining second opinions or other purposes. The Users also encompass other institutions, clinics, hospitals, establishments and other organisations engaged in healthcare practice (“Practices”), who wish to avail any of the Services on the Platform, including the subscription services.
It is expressly clarified that Ecuretrip is a technology intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. Ecuretrip does not itself provide any medical service, healthcare advice, clinical opinion, diagnosis, or second opinion. All medical and healthcare services are provided exclusively by independent Practitioners/ Practice in their own professional capacity. Ecuretrip's role is limited to technology facilitation, including generation of structured summaries of existing medical records for certain Users, search, discovery, listing, scheduling, second opinion facilitation, subscription software services, and payment facilitation, as applicable.
The Services may be modified, updated, or discontinued from time to time at the sole discretion of Ecuretrip. This Agreement shall apply to your access to and use of the Platform for availing the Services, as well as to all information submitted by you on the Platform at any given time. This Agreement sets out the terms and conditions governing your use of the Platform and describes the manner in which your account will be managed while you are registered with us. If you have any questions regarding any part of this Agreement, you may contact us at support@thebrownsage.com.
These Terms, the Privacy Policy, and all applicable consents or supplemental terms shall be deemed validly accepted by the User through access to, registration on, browsing, use of, booking through, or continued use of the Platform, including by clicking “accept,” “agree,” “continue,” “submit,” “book,” “confirm,” or any similar electronic assent mechanism. Such electronic acceptance, consent, approval, confirmation, or authorization shall have the same legal force and effect as a physical signature or written consent and shall constitute a valid and binding electronic record under applicable law.
The User further agrees that Ecuretrip may create, maintain, rely upon, and produce electronic records of all registrations, bookings, consents, communications, transactions, payments, prescriptions, uploads, server logs, audit trails, OTP verifications, timestamps, and system-generated data as evidence of the relevant interaction or instruction. The User also consents to receive all notices, disclosures, reminders, alerts, invoices, policy updates, grievance responses, and other communications from Ecuretrip in electronic form, including through in-app notifications, email, SMS, WhatsApp, or other electronic means, and agrees that such communications shall satisfy any legal requirement of being in writing.
By accessing or using the Platform and availing any of the Services, you irrevocably accept and agree to be bound by the terms of this Agreement, the Privacy Policy, and such other terms and conditions as may be specified on the Platform from time to time.
These Terms constitute the entire agreement between the User and Ecuretrip regarding access to and use of the Platform including any of the Services made available on the Platform and supersede all prior oral or written discussions or understandings on that subject. However, these Terms shall be read together with, and shall not override, any separate commercial arrangement with Users/ Practitioners or other service providers, the Privacy Policy, applicable consent forms, refund and booking-related policies, and any campaign, subscription, diagnostic, package, or other service-specific terms. In case of any inconsistency, priority shall be given first to any separate bilateral commercial agreement, then to the relevant consent form or service-specific terms, then to the Privacy Policy for data protection matters, and thereafter to these Terms in all other respects. No oral statement, marketing communication, informal correspondence, or course of dealing shall amend or override these Terms unless expressly incorporated in writing by Ecuretrip. Your continued use of the Platform or availing of any Service constitutes your acceptance of this Agreement.
Ecuretrip reserves the right to amend, modify, or terminate any part of this Agreement at any time, for any reason, with prior notice to you. You are advised to review the Agreement periodically. Your continued use of the Platform following any such modification shall constitute your acceptance of the revised Agreement.
You acknowledge and agree that your use of the Platform and the Services is subject to this Agreement. If you do not agree with any part of the Agreement, you must refrain from accessing the Platform or availing any Services. Access to the Platform and the Services is granted at the sole discretion of Ecuretrip.
This Agreement is published in compliance with, and shall be governed by, applicable laws of India, including, without limitation: (a) the Information Technology Act, 2000 and the rules, regulations, directions, guidelines, and clarifications issued thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Rules”); and (b) the Indian Contract Act, 1872.
Unless the context otherwise requires, clauses 1, 2, 3 and 5 to 17 shall apply to all Users other than Practitioners and Practices. In the case of Practitioners, only clauses 1, 2, 4 and 5 to 17 shall apply. In relation to subscription services, which are separately governed under sub-clause 5.12, (a) only clauses 1, 2, 5 (to the extent applicable), 6.11, 7, 8, 11 and 13 to 17 of these Terms shall apply to Practices; and (b) clause 6 shall not apply to Practitioners, except for sub-clause 6.11, which shall continue to apply.
2.1By registering on, accessing, visiting or using the Platform or any Services in any manner, you represent, warrant and confirm to Ecuretrip that you are at least 18 years of age and have the full right, authority and legal capacity to access and use the Platform and the Services. By such registration, access, visit or use, you further agree to be bound by and comply with this Agreement.
2.2Where a User makes any booking, consultation request, profile creation, payment, or other transaction on the Platform for or on behalf of a minor, dependant, ward, elderly person, patient under care, or any other third party incapable of independently managing such booking or consultation (“Dependant”), such User represents and warrants that they are duly authorized to act on behalf of such Dependant as the parent, lawful guardian, legally authorized representative, or authorized attendant, as applicable. The User further represents and undertakes that:
2.2.1all information, records, declarations, medical history, identity details, age, contact details, and profile data submitted in relation to the Dependant are true, complete, current, and accurate;
2.2.2they have obtained and shall maintain all consents, permissions, and authorizations necessary for booking services for the Dependant and for sharing, uploading, disclosing, or communicating the Dependant's personal information, health information, medical records, prescriptions, diagnostic reports, and other sensitive personal data on or through the Platform to Ecuretrip, the relevant Practitioner, hospital, clinic, diagnostic centre, pharmacy, or other healthcare provider, as applicable;
2.2.3any consultation, communication, medical advice, prescription, report, reminder, notification, or other information relating to the Dependant may be shared with, accessed by, or made available to such authorized User to the extent necessary for providing or facilitating the relevant services; and
2.2.4Ecuretrip shall be entitled to rely on such authority, consent, and representations without any independent verification.
2.3Where any person creates an account, books an appointment, makes a payment, uploads information or documents, communicates with a Practitioner or the Platform, or otherwise uses the Platform for or on behalf of a patient, such person represents, warrants, and undertakes that they are duly authorized by the patient, or otherwise lawfully entitled, to do so. Such person further confirms that they have full authority to, as applicable: (a) create and manage the patient's account; (b) search for, select, and book appointments, consultations, tests, procedures, or other services for the patient; (c) share, upload, disclose, and communicate the patient's personal information, health information, medical history, prescriptions, reports, diagnostic records, and other relevant data on or through the Platform; (d) receive calls, messages, notifications, reminders, updates, and other communications relating to the patient's bookings, consultations, care, and use of the Platform; (e) make payments, approve charges, and receive invoices, receipts, refunds, or credits on the patient's behalf; and (f) receive prescriptions, medical records, reports, summaries, and other consultation-related outputs where permitted under applicable law.
2.4Ecuretrip shall be entitled to rely on the foregoing representation and shall have no obligation to independently verify the authority of any person acting on behalf of a patient including a Dependant. Ecuretrip shall not be liable for any claim, dispute, unauthorized access allegation, privacy complaint, or other consequence arising from any lack of authority, invalid consent, or misrepresentation by any person purporting to act for a patient. If Ecuretrip reasonably believes that any person is acting without proper authority, Ecuretrip may suspend, restrict, or terminate the relevant account, booking, consultation, communication, or access, without liability.
The terms in this Clause 3 are applicable only to Users other than Practitioners and Practices.
3.1.1The Platform enables Ecuretrip to access the registered User's email address and/or phone number for communication purposes, including facilitating appointment scheduling and to obtain feedback in relation to Practitioners and their practice, as applicable. Ecuretrip may use information collected from Users from time to time for the purpose of identifying, investigating, and resolving customer support and technical debugging issues.
3.1.2In the course of providing the Services, Ecuretrip may collect information relating to the devices through which you access the Platform, as well as anonymised information concerning your use of the Platform. Such information shall be used for improving the quality of the Services and for developing or introducing new services.
3.1.3The terms “personal information” and “sensitive personal data or information” shall have the meanings respectively ascribed to them under the SPDI Rules and, where applicable, as further described in the Privacy Policy.
3.1.4Ecuretrip shall not be responsible for the authenticity, accuracy or completeness of any personal information or sensitive personal data or information supplied by the User to Ecuretrip or to any person acting on behalf of Ecuretrip. The User shall be solely responsible for maintaining the confidentiality of the User's account credentials, including login details and password, where the User is registered on the Platform. The User shall be responsible for all activities undertaken through the User's account, whether or not authorised by the User. The User shall immediately notify Ecuretrip of any actual or suspected unauthorised use of the User's account or password. While Ecuretrip shall not be liable for any loss or damage arising from unauthorised use of the User's account, the User may be held liable for losses suffered by Ecuretrip or any third party due to such unauthorised use.
3.1.5If any information provided by a User is or becomes untrue, inaccurate, outdated or incomplete, or if Ecuretrip has reasonable grounds to believe that such information is or has become untrue, inaccurate, outdated or incomplete, Ecuretrip reserves the right to suspend or discontinue the Services to such User at its sole discretion.
3.1.6If deemed appropriate by Ecuretrip, to avail certain Services on the Platform, you may choose to place a call through the telephony facility made available by Ecuretrip on the Platform. Records of such calls may be recorded and stored on Ecuretrip's servers. An IVR message shall inform you of the purpose of such recording and seek your consent in respect thereof, and such recordings shall be dealt with in accordance with the Privacy Policy. Ecuretrip may access such call records for quality control, training and support-related purposes, strictly in accordance with the Privacy Policy. This call facility is intended solely for purposes such as appointment scheduling and should not be used for consultation on health-related issues. Ecuretrip shall have no liability arising from any use of such call facility contrary to the foregoing. Ecuretrip may, at its discretion, disable this facility and instead display the Practitioner's direct contact number. If you do not consent to the recording of calls containing personal information necessary for scheduling an appointment or providing the relevant Service, Ecuretrip reserves the right to decline provision of such Service.
3.1.7The Privacy Policy sets out, inter alia (a) the categories of information collected from Users, including personal information and/or sensitive personal data or information; (b) the purposes for which such information is collected and the manner of its use; (c) the circumstances in which, and the persons to whom, such information may be disclosed by Ecuretrip; and (d) such other particulars as may be required under the SPDI Rules.
3.1.8Each User is expected to read and understand the Privacy Policy in order to be informed of, inter alia: (a) the fact that certain information is being collected; (b) the purpose for which such information is being collected; (c) the intended recipients of such information; (d) the manner of collection and retention of such information; (e) the name and address of the agency collecting and retaining such information; and (f) the rights available to the User in relation to such information.
The listing, display and ordering of Practitioners, their profiles, and information relating to their practice on the Platform are generated through a fully automated relevance algorithm operated by Ecuretrip. Such listing or display shall not be construed as a fixed or objective ranking, recommendation, or endorsement of any Practitioner by Ecuretrip. The relative prominence, sequence, or placement of any Practitioner in search results or other listings on the Platform may vary from time to time based on automated processing of multiple factors, including User inputs, comments, feedback, and such other parameters as Ecuretrip may consider relevant for improving the functioning of the listing algorithm. Ecuretrip may modify, update or recalibrate the factors and weightages underlying such relevance algorithm from time to time at its sole discretion. Accordingly, Ecuretrip shall not be liable for any variation in the ranking, visibility, relevance, or order in which Practitioners appear on the Platform. Ecuretrip does not warrant or guarantee the accuracy, completeness, suitability, or relevance of any listing order generated by such automated system and shall not be responsible for any reliance placed on the same.
3.3.1Ecuretrip collects, whether directly or indirectly, and displays on the Platform information relevant to the profiles and practice of Practitioners listed on the Platform, including their specialisation, qualifications, consultation fees, available slots (where applicable), and such other details as may be necessary for availing the relevant Services. Ecuretrip endeavours to keep such information updated on a periodic basis. However, while Ecuretrip undertakes reasonable screening and vetting of information and photographs submitted by Practitioners, Ecuretrip does not warrant and shall not be liable for any inaccuracy, omission or incompleteness in such information.
3.3.2The Platform and the Services, including those made available by Ecuretrip, its licensors, or its third-party service providers, are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, whether express or implied, including any implied warranties of merchantability, accuracy, fitness for a particular purpose, title, or non-infringement, or any warranties arising out of a course of dealing, usage, or trade. Ecuretrip makes no representation, warranty or guarantee, express or implied, in relation to the Platform or the Services, and does not guarantee the accuracy, completeness or reliability of any content or information made available by Users on the Platform. To the fullest extent permitted under applicable law, Ecuretrip disclaims all liability arising from any use of, or reliance placed by a User on, the Platform, the Services, any representation or warranty made by another User, any content or information provided by Users, or any opinion, advice, response, or suggestion expressed by Ecuretrip or any User in relation to any User or any services provided by such User.
3.3.3The Platform may contain links to websites, platforms or services operated by third parties, affiliates or business partners. Ecuretrip does not control, and shall not be responsible or liable for, the content, accuracy, validity, reliability, quality, legality, or availability of any such third-party websites, platforms or services, or any material made available through them. The inclusion of any such link on the Platform shall not be construed as an endorsement by Ecuretrip of the relevant third-party website, platform, service or its contents. Any access to, or use of, such links or third-party services shall be at the User's sole risk.
3.3.4Ecuretrip assumes no responsibility, and shall not be liable for, any damage to a User's device, hardware, software or data, or for any viruses, malware or other harmful code that may affect the same, arising out of or in connection with the User's access to, use of, browsing of, or downloading of any material, data, text, images, video or audio content from the Platform. If a User is dissatisfied with any aspect of the Platform or the Services, the User's sole and exclusive remedy shall be to discontinue use of the Platform and the Services.
3.3.5If Ecuretrip determines, in its sole discretion, that any information provided by a User, including through reviews, ratings or feedback, is fraudulent, inaccurate, misleading or incomplete, Ecuretrip reserves the right to immediately suspend or restrict such User's access to the Platform or any account maintained with Ecuretrip. Ecuretrip further reserves the right, where it considers necessary for the protection of its business or in the interest of other Users, to publish an appropriate notice or declaration on the Platform alongside the name of such User and/or such User's establishment. The User shall indemnify and hold harmless Ecuretrip against any losses, claims, damages, costs or expenses incurred by Ecuretrip as a result of any misrepresentation, false statement, misleading information or fraudulent feedback provided by such User.
Ecuretrip enables Users to connect with Practitioners through the Platform by offering functionalities that may include: (a) booking appointments for video consultations and/or obtaining second opinions through the Platform; and (b) such other modes of access, booking, communication, or engagement as may be made available on the Platform from time to time.
3.4.1Ecuretrip shall use reasonable efforts to facilitate the confirmation of appointments booked by Users through the Platform. However, Ecuretrip shall have no liability in the event any confirmed appointment is subsequently cancelled, rescheduled, unavailable, or otherwise not honoured by the relevant Practitioner, or if the Practitioner concerned is unavailable for such appointment.
3.4.2Where a User avails any Services through the Platform, Ecuretrip may share the information provided by such User with the relevant Practitioner and may store such information, records, communications and/or interactions between the User and the Practitioner, in accordance with the Privacy Policy.
3.4.3Any search results, listings, or matches displayed on the Platform in response to a User's search for a Practitioner are generated for convenience and informational purposes only and shall not be construed as an endorsement, recommendation, warranty or guarantee by Ecuretrip of any particular Practitioner. If a User elects to engage with any Practitioner for medical or healthcare services, the User does so at his or her own discretion and risk.
3.4.4Without prejudice to the generality of the foregoing, Ecuretrip is not engaged in the practice of medicine, does not provide healthcare services, medical advice, diagnosis, treatment recommendation, or clinical opinion, and is therefore not responsible for any interaction, consultation, treatment, advice, omission, act or conduct of any Practitioner. The User understands and agrees that Ecuretrip shall not be liable for:
3.4.5Users may provide reviews, ratings, comments or other feedback regarding their experience with a Practitioner, provided that such feedback complies with applicable law and does not contain any unlawful, misleading, defamatory, abusive or objectionable content. The User acknowledges that Ecuretrip shall not be under any obligation to act upon, implement, or give effect to any feedback submitted by Users, including any request, recommendation or suggestion to delist or restrict any Practitioner from the Platform.
3.5.1Certain content, text, data, graphics, images, information, suggestions, guidance and other materials made available on the Platform, including any responses to your queries or submissions (collectively, “Information”), may be provided by individuals associated with the medical profession or may relate to medical or healthcare matters. The availability or provision of such Information through the Platform does not create any doctor-patient, physician-patient, therapist-patient, or other licensed medical professional-patient relationship between you and Ecuretrip, and shall not be construed as medical advice, diagnosis, treatment recommendation, clinical opinion, or management of any specific condition. Such Information is made available solely for general informational and facilitative purposes, including to assist Users in identifying or connecting with appropriate qualified Practitioners.
3.5.2It is expressly clarified that any Information obtained or received by you from Ecuretrip, or through the Platform, including from its employees, personnel, contractors, partners, sponsors, advertisers, licensors, service providers, or any other associated persons, is provided for informational purposes only. Ecuretrip does not make any representation, warranty or guarantee, express or implied, regarding the professional qualifications, registrations, experience, competence, quality of services, expertise, accuracy, completeness, reliability, or suitability of any Practitioner or of any information made available on the Platform. Under no circumstances shall Ecuretrip be liable to you or to any other person for any decision made, action taken, omission, injury, loss, damage or consequence arising from reliance on any such Information.
3.5.3The Platform and the Services are not intended for medical emergencies or urgent healthcare situations and are not a substitute for contacting emergency medical services, ambulance services, hospitals, or other immediate healthcare providers. If you are experiencing a medical emergency or are seeking assistance in relation to a medical emergency for yourself or for another person, you should immediately contact the relevant ambulance service, hospital, emergency response provider, or appropriate medical authority directly.
3.6.1Consultation is a Service that allows Users to seek discrete and medical advisory service provided by a Practitioner or a group of Practitioner to a patient through tele-consultation, audio-video means, written opinion, or an in-person meeting. It is a standalone service for the Users for the purpose of obtaining a preliminary medical opinion, second opinion, or an initial assessment. The Practitioner is displayed/ matched through automated platform functionality based on multiple parameters such as date and time of consultation request placed by the User, nature of problem etc. through the system's algorithm/ software-program that identifies the most relevant Practitioner, or the Users may also choose the Practitioner through search options made available on the Platform, except under certain circumstances where a panel of Practitioner is selected/ involved. This shall collectively be referred to as the “Consultation”.
3.6.2By using the Consultation services on the Platform, each User expressly acknowledges, understands and agrees as follows:
3.6.3Express Disclaimers
3.7.1By accessing or using the Platform, the User acknowledges and agrees as follows:
3.8.1Your use of the Platform constitutes your acknowledgment and agreement that any information provided by you to Ecuretrip or to any Practitioner through the Platform shall be collected, processed, stored, used and disclosed in accordance with the Privacy Policy.
3.8.2You alone shall remain responsible for any content, material, statement, recommendation, review, testimonial, patient story, or other submission that you elect to provide for publication on the Platform in relation to any Practitioner or other healthcare professional (collectively, “Material Information”).
3.8.3In relation to the publication, hosting or display of any Material Information, Ecuretrip acts only in the capacity of an “intermediary” within the meaning of the Information Technology Act, 2000, and its role in respect of such Material Information shall remain limited accordingly.
3.8.4Ecuretrip expressly disclaims all responsibility and liability in relation to the substance, accuracy, legality, completeness, or consequences of any Material Information, and its obligations with respect to such content shall be limited to those applicable to an “intermediary” under the aforesaid law.
3.8.5Ecuretrip shall not be obliged to pay any fee, royalty, compensation or other consideration to any User for publishing, re-publishing, displaying, reproducing, or making available such content on the Platform or across any of its other platforms.
3.8.6Your posting or publication of patient stories or other Material Information on the Platform shall be governed by Clause 5 of these Terms. Without prejudice to the detailed provisions contained in Clause 5, you agree that you shall not upload, post, publish, transmit, or otherwise make available on the Platform any content that (a) infringes the intellectual property rights, privacy rights, publicity rights, or any other proprietary rights of any third party; or (b) is in breach of any applicable law, rule or regulation, including the IG Rules and SPDI Rules.
3.8.7Ecuretrip may, at its sole discretion, decline to publish, remove, restrict, suspend, or otherwise refuse to host any patient story or other Material Information where it considers such action necessary under applicable law or appropriate in accordance with Clause 5 of these Terms.
3.8.8You agree that Ecuretrip may contact you by telephone, email, SMS, or any other electronic mode of communication for the purposes of: (a) resolving any complaint, query, request for information, or concern raised by any Practitioner in relation to your Material Information; (b) obtaining your feedback regarding any Practitioner listed on the Platform; and/or (c) obtaining your feedback regarding the Platform or the services provided by Ecuretrip.
3.8.9You agree to extend full cooperation to Ecuretrip in connection with any communication initiated for the purposes set out above.
The terms in this Clause 4 are applicable only to Practitioners.
4.1.1You represent and warrant that your use of the Services shall at all times be in compliance with applicable law, professional standards, regulatory requirements, and any obligations applicable to you as a medical practitioner. Any breach, violation, non-compliance or contravention arising from your use of the Services shall be solely your responsibility, and Ecuretrip shall not bear any liability in relation thereto.
4.1.2Ecuretrip may collect, whether directly or indirectly, information relating to your professional profile, contact details, qualifications, practice details, and related particulars for the purpose of facilitating interaction with End-Users and other Users on the Platform. Ecuretrip reserves the right to display, withhold, suspend, remove, or take down any Practitioner profile, with or without prior notice to the concerned Practitioner. If any information displayed on the Platform in relation to you or your profile is inaccurate, incomplete, outdated, or misleading, you shall promptly notify Ecuretrip so that the relevant corrections or updates may be considered or carried out.
4.1.3Ecuretrip shall not be responsible or liable for the manner in which your profile, name, listing, ranking, visibility, or related information appears, performs, or is positioned on any external website, third-party platform, directory, aggregator, or search engine.
4.1.4Practitioners expressly acknowledge and agree that Ecuretrip may publish, reproduce, distribute, syndicate, host, display, or otherwise make available the Content provided by such Practitioners to third parties, including content platforms, partner platforms, affiliates, aggregators, and similar channels.
4.1.5Ecuretrip may review, screen, moderate, edit, restrict, or remove feedback, suggestions, comments, promotional matter, abusive material, inappropriate content, or other submissions made by Practitioners on or through the Platform. However, Ecuretrip shall not be liable merely because any inactive, inaccurate, misleading, fraudulent, duplicate, or non-existent Practitioner profile is created, listed, or made available on the Platform.
4.1.6Ecuretrip shall not be liable or responsible to any User for any loss, damage, injury, claim, cost, or expense arising out of any disclosure or publication made by Ecuretrip where such disclosure or publication has been made with the User's express or implied consent. Where such consent is subsequently withdrawn in accordance with the Privacy Policy, Ecuretrip shall likewise not be liable for any disclosure made prior to the actual receipt and processing of such revocation.
4.1.7If deemed appropriate by Ecuretrip, to enable access to certain Services on the Platform, an End-User may elect to place a call to you through the telephony facility made available by Ecuretrip on the Platform. Records of such calls may be recorded and stored on Ecuretrip's servers. An IVR message may notify you of the purpose of such recording and seek your consent in relation thereto, and any such recordings shall be handled in accordance with the Privacy Policy. Ecuretrip may access and use such call records for quality control, training, service improvement and support-related purposes, strictly in accordance with the Privacy Policy. This call facility is intended only for limited operational purposes such as appointment scheduling and should not be used for providing consultation or addressing health-related issues. Ecuretrip shall have no liability arising out of or in connection with any use of this call facility contrary to the foregoing. If you do not consent to the recording of calls containing personal information required for appointment scheduling or provision of the relevant Service, Ecuretrip reserves the right to decline or limit provision of such Service.
4.2.1Ecuretrip facilitates Practitioner visibility and accessibility on the Platform by providing functionality through which profile details may be created, updated or revised. Ecuretrip shall retain the right to host, display, organise, and administer Practitioner profiles and profile photographs made available on the Platform, and shall have the right to review, moderate, accept, defer, or reject any requested modification or update submitted by a Practitioner. However, any decision as to whether a requested profile change, edit, correction, addition, or update should be published on the Platform shall be taken solely by Ecuretrip.
4.2.2You represent and warrant that you have all necessary rights, authorisations, permissions and legal entitlement to upload, submit, publish, or otherwise make available any content forming part of your profile or uploaded by you while using Ecuretrip's services, and that such content does not infringe, violate, misappropriate or otherwise conflict with any third-party rights, including intellectual property rights.
4.2.3If Ecuretrip becomes aware of any actual or suspected breach of the foregoing representation or warranty, Ecuretrip may, at its sole discretion and with or without prior notice, remove, edit, restrict, or modify any part of your profile or related content.
4.3.1All Material Information consists of content generated by Users of the Platform and by clients of Ecuretrip's customers and Practitioners, including End-Users. As an online platform, Ecuretrip does not assume responsibility for such Material Information, and its role in relation thereto is limited to that of an “intermediary” under the Information Technology Act, 2000. The legal rights, duties and obligations applicable to Ecuretrip and to Users in connection with Material Information are set out in greater detail in Clauses 3.8 and 5 of these Terms.
4.3.2Ecuretrip may collect, receive, host, publish, process and display feedback and other Material Information relating to Practitioners and other Users listed on the Platform.
4.3.3Except to the extent required under applicable law, Ecuretrip shall have no obligation to pre-screen, review, monitor, flag, filter, edit, decline, take down, or remove any Material Information made available through any Service.
4.3.4By using the Services:
4.3.5Ecuretrip may remove or disable access to information in accordance with standards and processes consistent with applicable law.
4.3.6Under no circumstances shall Ecuretrip be liable or responsible for any Material Information created, posted, submitted, uploaded, or otherwise made available by Users. The principles set out in relation to third party content in the terms of Service for the Platform shall be applicable mutatis mutandis in relation to Material Information posted on the Platform.
4.3.7If Ecuretrip determines that you have submitted inaccurate information or facilitated, encouraged, procured, or enabled fraudulent feedback, Ecuretrip reserves the right to immediately suspend any of your accounts with Ecuretrip and to publish such declaration on the Platform alongside your name and/or your clinic's name, as Ecuretrip may consider necessary for the protection of its business and in the interest of Users.
4.4.1Ecuretrip has developed its relevance algorithm with a view to promoting outcomes considered beneficial to the End-User, and may revise, recalibrate, refine, or update such algorithm from time to time in order to improve the quality, usefulness, and appropriateness of search results presented to patients.
4.4.2Such relevance mechanism is proprietary, automated, and merit-based in nature, and is not capable of being manually altered for the advantage of any specific Practitioner.
4.4.3Ecuretrip shall not be liable for any adverse effect, business consequence, change in visibility, or reduction in patient discovery experienced by a Practitioner as a result of any modification to the relevance algorithm.
Your use of any particular Service shall give rise only to those rights and obligations that relate specifically to that Service and shall not be construed as conferring any rights or obligations in relation to any separate or additional service that may be offered by Ecuretrip.
As a Practitioner using the booking functionality available on the Platform, you acknowledge that the objective of Ecuretrip is to ensure that the booking experience remains commercially and operationally useful for both Practitioners and Users. The Practitioner acknowledges and agrees that Ecuretrip shall not, in any event, be liable for any review, comment, rating, opinion, or feedback provided by Users in relation to the services rendered by the Practitioner. The decision whether to publish, edit, moderate, withhold, mask, limit, or otherwise manage any such feedback, including where required by law, policy, or prevailing norms, shall rest solely with Ecuretrip.
4.7.1The Practitioner represents, warrants and undertakes that he or she is, and shall remain, duly registered, appropriately licensed, and legally qualified to practise medicine or provide healthcare or wellness services, as applicable, in accordance with all laws, regulations, professional requirements, and guidelines issued by competent authorities. The Practitioner further undertakes that he or she is not, and shall not become, subject to any arrangement, restriction, prohibition, or legal disability that prevents or restricts the practice of medicine within the territory of India. The Practitioner shall at all times comply with all laws, rules, regulations, standards, and guidelines applicable to the Practitioner and shall exercise due skill, care, caution, and professional diligence in relation to all consultations and services rendered.
4.7.2The Practitioner further undertakes to indemnify, defend and hold harmless Ecuretrip and the Protected Entities (as defined hereinafter) from and against any claim, regulatory action, investigation, penalty, fine, liability, loss, damage, cost or expense (including legal fees) suffered or incurred by Ecuretrip arising from, or in connection with, any second opinion, consultation, prescription, or clinical interaction provided by the Practitioner to any User located outside India, including any assertion by a foreign regulatory authority that such Practitioner has engaged in the practice of medicine in a jurisdiction in which the Practitioner is not licensed, whether or not such assertion is ultimately upheld.
4.8.1In consideration of the various offerings and services made available by Ecuretrip to the Practitioner, the Practitioner agrees, subject to the Practitioner's reasonable right to review and approve where applicable, that Ecuretrip may:
4.9.1Ecuretrip may receive, record, review, and process complaints, reports, grievances, flags, or allegations made by Users, attendants, hospitals, clinics, regulators, law enforcement authorities, or other third parties in relation to any Practitioner listed on or using the Platform, including allegations relating to professional misconduct, fraud, impersonation, abusive or inappropriate conduct, patient safety concerns, unauthorised practice, invalid or expired registration or licence, misleading profile information, forged documents, unlawful prescriptions, breach of applicable law, or any conduct that may expose Users, other stakeholders, or the Platform to harm, risk, or liability. Upon receipt of any such complaint or upon becoming aware of any circumstance that, in Ecuretrip's reasonable judgment, warrants trust-and-safety review, Ecuretrip may, without prior notice and without liability, initiate an internal review, place the relevant Practitioner account, listing, bookings, consultations, payouts, or related Platform features on temporary hold, impose restrictions, suspend discoverability, pause new bookings, or take such interim measures as it considers necessary pending review.
4.9.2In connection with any such review, Ecuretrip may request clarifications, explanations, records, licences, registrations, identity proof, prescriptions, consultation records, communications, consents, or any other supporting material from the Practitioner, and the Practitioner shall promptly and fully cooperate with such request and with any lawful inquiry by Ecuretrip, regulators, or competent authorities. Where Ecuretrip, in its sole but reasonable discretion, considers that a complaint involves an immediate patient safety risk, fraud risk, impersonation concern, document irregularity, or any other urgent trust-and-safety issue, Ecuretrip may immediately remove, delist, suspend, block, or disable the Practitioner's account or listing, cancel or reschedule affected bookings, and restrict further use of the Platform without awaiting completion of the review. Ecuretrip shall have no obligation to maintain, restore, or continue any listing, visibility, ranking, booking access, or Platform relationship during the pendency of any review, and its decision to suspend, delist, reinstate, or continue restrictions shall be final for Platform purposes, without prejudice to applicable law, regulatory processes, or the rights of any User to pursue remedies independently. Ecuretrip may also preserve and disclose relevant records or information to regulators, statutory bodies, law enforcement authorities, courts, or other competent authorities where required by law or where reasonably necessary for trust-and-safety, compliance, or investigation purposes.
5.1In compliance with Regulation 3(1)(b) of the IG Rules, Ecuretrip notifies all Users that they shall not host, display, upload, modify, publish, transmit, store, update, disseminate, or otherwise share any information or material that:
5.1.1infringes any patent, trademark, copyright, trade secret, or other proprietary or intellectual property right of any person;
5.1.2belongs to another person and in respect of which the User has no lawful right, authority, licence, or permission to use, publish, share, or disseminate;
5.1.3is harmful to minors in any manner whatsoever;
5.1.4is defamatory, obscene, pornographic, paedophilic, invasive of another person's privacy, abusive, harassing, blasphemous, libellous, hateful, racially or ethnically objectionable, disparaging, unlawful, or otherwise objectionable in nature, or that relates to or encourages money laundering, gambling, or any illegal activity;
5.1.5violates any applicable law, rule, regulation, or binding legal requirement for the time being in force;
5.1.6deceives or misleads the recipient as to the origin of the message, or communicates any information that is grossly offensive, fraudulent, or menacing in nature;
5.1.7impersonates or falsely represents any other person or entity;
5.1.8contains any virus, malware, trojan, worm, spyware, or other computer code, file, or program designed or intended to interrupt, destroy, damage, impair, or limit the functionality of any computer resource; or
5.1.9threatens the unity, integrity, defence, security, or sovereignty of India, prejudices friendly relations with foreign States, disturbs public order, incites the commission of any cognizable offence, obstructs the investigation of any offence, or is insulting to any other nation.
5.2In addition to the foregoing, Users shall not:
5.2.1copy, reproduce, republish, duplicate, scrape, extract, or otherwise appropriate any Content or any other information made available on or through the Platform without prior authorisation;
5.2.2submit, upload, publish, or otherwise provide any information on the Platform that is knowingly incomplete, false, misleading, or inaccurate;
5.2.3interfere with, violate, test, probe, or attempt to compromise the integrity, stability, or security of the Platform or any Content;
5.2.4use any robot, spider, crawler, scraper, software, bot, agent, script, automated means, or other device or mechanism to access, search, monitor, index, navigate, or interact with the Platform;
5.2.5attempt to decipher, decompile, disassemble, reverse engineer, or otherwise derive the source code, underlying ideas, structure, or algorithms of any part of the Platform;
5.2.6frame, inline link, hot link, deep link, mirror, or otherwise redirect to any Content in a manner not expressly authorised by Ecuretrip;
5.2.7send unsolicited, unauthorised, irrelevant, or spam communications to any other User through or in relation to the Platform;
5.2.8transmit, post, distribute, or make available any information, including messages, hyperlinks, listings, or job posts, that disrupts, undermines, or competes with the Services provided by Ecuretrip; or
5.2.9bypass, impair, disable, or circumvent any digital rights management feature, technical restriction, usage rule, access control, or security measure implemented in relation to the Platform or any associated software.
5.3If Ecuretrip becomes aware on its own, or receives actual knowledge from an affected person by way of a written complaint or an electronically signed email, of any information or content that is contrary to Clause 5.1 or Clause 5.2, Ecuretrip shall be entitled to disable, block, remove, or restrict access to such information or content in accordance with applicable law. Ecuretrip shall further be entitled to retain such information and the related records for a minimum period of 90 (ninety) days, or for such longer period as may be required under applicable law, for the purpose of furnishing the same to governmental or regulatory authorities in connection with investigation, inquiry, or legal proceedings.
5.4If a User fails to comply with applicable laws, rules, regulations, or the Agreement, including the Privacy Policy, Ecuretrip shall have the right to immediately suspend, restrict, or terminate such User's access to the Platform or the Services, and to remove, disable, or take down any information or content that is non-compliant.
5.5Ecuretrip may disclose, share, or transfer User-generated information to its affiliates, advisors, service providers, regulators, law enforcement agencies, courts, or other governmental authorities to the extent permitted or required under applicable law, and the User hereby consents to such disclosure or transfer. It is clarified that, under the SPDI Rules, Ecuretrip may transfer sensitive personal data or information, including to any other body corporate or person in India or in any other jurisdiction, only where the recipient ensures the same level of data protection as is maintained by Ecuretrip under the SPDI Rules, and only if such transfer is necessary for the performance of a lawful contract between Ecuretrip, or any person acting on its behalf, and the User, or where the User has validly consented to such transfer.
5.6Ecuretrip respects the intellectual property rights of third parties and expects Users to do the same. Ecuretrip does not assume responsibility or liability for any infringement, misuse, or violation of intellectual property rights committed by any User or other third party through or in connection with the Platform.
5.7The medical services contract is strictly between the User and the relevant Practitioner, hospital, or clinic. Ecuretrip is not a party to any diagnosis, treatment, prescription, or clinical decision rendered by any Practitioner. Ecuretrip's role is limited to technology facilitation including search, discovery, listing, scheduling, teleconsultation enablement, and payment facilitation, as applicable. Ecuretrip is not a healthcare provider and assumes no responsibility for the quality, accuracy, or outcome of any medical service accessed through the Platform.
5.8.1These terms govern access to and use of “Health Insights” by all Users, including End-Users and Practitioners. Certain provisions apply specifically to Practitioners, certain provisions apply specifically to Users, and certain provisions apply generally to all persons accessing or using Health Insights, as the context requires.
5.8.2Health Insights is a content feature available on the Platform through which Practitioners with a profile on the Platform may publish health- and wellness-related content. Ecuretrip may also create, commission, curate, license, or otherwise make available health- and wellness-related content under Health Insights. For the purposes of this section, content uploaded by Practitioners shall be referred to as “Practitioner Content”, content made available by Ecuretrip shall be referred to as “Platform Content”, and comments posted by Users, where such functionality may be permitted on the Platform, shall be referred to as “User Comments”.
5.8.3Ecuretrip may, at its sole discretion, host, publish, display, edit, moderate, restrict, reclassify, remove, disable access to, or refuse to publish any Practitioner Content or User Comments, and may suspend, modify, restrict, or discontinue Health Insights, in whole or in part, at any time. The availability of any Practitioner Content or User Comments on the Platform shall not by itself mean that Ecuretrip has reviewed, medically validated, verified, endorsed, recommended, or approved such content. To the extent applicable, Ecuretrip acts only as an intermediary or hosting platform in relation to Practitioner Content and User Comments made available by third parties.
5.8.4Practitioners shall be solely responsible for the Practitioner Content uploaded by them and shall ensure that such content does not infringe the intellectual property, privacy, confidentiality, or other rights of any person, and does not contain any false, misleading, deceptive, exaggerated, unsubstantiated, or guaranteed statement relating to medical outcomes, treatment efficacy, procedures, qualifications, facilities, pricing, timelines, or healthcare results. Practitioners shall also ensure that Practitioner Content complies with applicable law and does not contain unlawful, harmful, defamatory, obscene, pornographic, paedophilic, hateful, discriminatory, misleading, privacy-invasive, or otherwise objectionable material. By uploading Practitioner Content on the Platform, the relevant Practitioner grants Ecuretrip a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, adapt, modify, publish, display, distribute, and otherwise use such Practitioner Content in connection with the Platform, Health Insights, and Ecuretrip's business operations, subject to applicable law. Practitioners agree to indemnify and hold harmless Ecuretrip from and against any claims, liabilities, losses, damages, costs, or expenses arising out of or in connection with Practitioner Content uploaded by them.
5.8.5The Practitioner Content and Platform Content made available under Health Insights are intended only for general informational and educational purposes. Such content does not constitute medical advice, diagnosis, prescription, treatment recommendation, emergency guidance, second opinion, or any assured clinical opinion, and no person shall construe it as such. Health Insights is separate from any healthcare-related service that may otherwise be offered on or through the Platform. Accessing or viewing any content under Health Insights shall not by itself create any doctor-patient relationship between any User and any Practitioner, or any medical, advisory, coordination, or treatment relationship between any User and Ecuretrip. Users shall not rely solely on Health Insights for making decisions relating to diagnosis, treatment, prescription, emergency care, hospital selection, practitioner selection, treatment suitability, medical travel, treatment travel, visa planning, care coordination, or any other medical, healthcare, or travel-related decision. Ecuretrip does not represent or warrant that any content made available under Health Insights is accurate, complete, current, clinically appropriate, reliable, or error-free, and shall not be responsible for any act, omission, interpretation, reliance, decision, loss, or consequence arising from or relating to any use of, or reliance on, Health Insights.
5.8.6Users may access and use Health Insights for their personal knowledge and educational purposes and, where the Platform permits, may post User Comments. Any User Comment reflects the views of the User posting it alone and does not represent the views of Ecuretrip. Users shall ensure that User Comments do not infringe the intellectual property, privacy, confidentiality, or other rights of any person, and do not contain unlawful, harmful, defamatory, obscene, paedophilic, hateful, discriminatory, misleading, privacy-invasive, or otherwise objectionable material. Users shall not copy, plagiarize, reproduce, scrape, or otherwise misuse any content available under Health Insights in a manner that infringes Ecuretrip's rights or the rights of any third party. Ecuretrip may remove, restrict, disable access to, or refuse to publish any User Comments at its sole discretion, and the relevant User agrees to indemnify and hold harmless Ecuretrip from and against any claims, liabilities, losses, damages, costs, or expenses arising out of or in connection with such User Comments.
5.9.1Ecuretrip may provide End-Users with a facility on the Platform known as the “Records Locker”, which may be made available with either limited or unlimited storage capacity, as determined by Ecuretrip from time to time.
5.9.2Information available in the Records Locker may include the following categories: (a) User-created records, being records, documents, and information uploaded, created, or otherwise made available by you, or generated during your interaction with the Ecuretrip ecosystem, including appointment-related information, prescriptions, and reports uploaded by you; (b) Practice-created records, being health records, prescriptions, notes, reports, case-related material, or other information created, uploaded, issued, generated, or shared by or on behalf of a Practitioner or Practice in connection with your interaction with such Practitioner or Practice on or through the Platform; and (c) Case summary, being, subject to the User availing this on a paid feature basis, a structured summary generated through the relevant dashboard or feature of the Platform based on the medical records, prescriptions, certificates, reports, and other documents uploaded or made available on the Platform by you or on your behalf, which may be made downloadable by you, as and when applicable.
5.9.3Without prejudice to the Terms and the Privacy Policy, the specific terms relating to the Records Locker are set out below. Your Records Locker will be created only after you sign up on the Platform and expressly accept these Terms.
5.9.4Any Practice-created records made available in the Records Locker are created, uploaded, issued, maintained, or shared by the relevant Practitioner or Practice and are made available on an “as is” basis. Ecuretrip does not independently validate, verify, or make any representation regarding the accuracy, completeness, language, medical appropriateness, or clinical correctness of such records, and if you identify any discrepancy in any Practice-created record or wish to seek any addition, deletion, correction, or modification in relation to such record, you should contact the relevant Practitioner or Practice directly. All records made available through the Records Locker are provided on an “as is” and “as available” basis, and while Ecuretrip uses reasonable efforts to maintain service availability, Ecuretrip shall not be liable for any interruption, disruption, delay, or temporary inability to access the Services or the Records Locker.
5.9.5It is your responsibility to keep your correct mobile number and email ID updated on the Platform and in connection with your Records Locker. Records in the Records Locker may be linked, delivered, mapped, or made accessible based on the mobile number, email ID, or other identifiers provided by you or by your Practitioner or Practice, and Ecuretrip may send a confirmation whenever your contact information is changed. Ecuretrip shall not be responsible for any loss, inconvenience, delay, mis-delivery, access issue, incorrect mapping, incorrect delivery, delayed linking, or incorrect association of records arising from incorrect or incomplete identifiers or your failure to keep such contact details updated.
5.9.6Ecuretrip uses commercially reasonable security measures and encryption protocols to help protect records in the Records Locker. However, Ecuretrip cannot guarantee prevention of all unauthorized access, especially where your login credentials are lost, misused, shared, or otherwise compromised. If you become aware of any unauthorized use of, or access to, your account or Records Locker, you must notify Ecuretrip immediately. Please safeguard your login credentials and report any actual or suspected account breach to support@thebrownsage.com.
5.9.7If you choose to access your dependent's records through your own account or by linking your dependent's records with your Records Locker, you represent and warrant that you are duly authorised to do so and that you have obtained all necessary consents, permissions, approvals, or other lawful authority required for such access, upload, storage, sharing, and management of such dependent records. You shall be solely responsible for such dependent records and for all actions taken through your account in relation to them. Ecuretrip shall not be responsible for any claim, dispute, or liability arising from any lack of authority, lack of consent, unauthorized access, or unauthorized use in this regard, and you agree to indemnify Ecuretrip and its officers against any such claim or liability.
5.9.8If you wish to delete records from your Records Locker, you may request deletion by contacting our service support team. Upon such deletion request, your account-level access and the records associated with your Records Locker may be deleted or de-linked, subject to applicable law, technical limitations, backup retention, archival processes, and legal or regulatory retention requirements. However, records stored independently by your Practitioners or Practices in their own accounts or systems may continue to be retained in such respective accounts or systems and shall not automatically be deleted merely because you delete your Records Locker or account.
5.9.9You may lose certain User-created records if such data is not synced with the server or is stored only locally on a device and not successfully uploaded or backed up to Ecuretrip's systems. If your account, Records Locker, or particular records remain inactive, dormant, unaccessed, or otherwise subject to security controls for a stipulated period, Ecuretrip may temporarily restrict or suspend access to such records for security reasons until appropriate verification or revalidation is completed. Ecuretrip shall not be liable if, despite its reasonable efforts, any records in the Records Locker are not delivered, are delivered late, are linked belatedly, or are otherwise not made available to you at the time requested, where such functionality is applicable.
5.9.10Ecuretrip shall not be responsible or liable for any content, factual statement, diagnosis, observation, medical conclusion, inference, language, or other material contained in any records in the Records Locker, particularly to the extent such records are Practice-created, and the relevant Practitioner or Practice shall remain solely responsible and liable for all Practice-created records and all information provided by them or on their behalf. Ecuretrip may, at its sole discretion and without prior notice, remove, un-map, retract, restrict, quarantine, or disable access to any records in the Records Locker if such records are found or reasonably suspected to have been incorrectly shared, mapped to the wrong account, uploaded inadvertently, duplicated, disputed, unlawful, or otherwise inappropriate for continued availability through the Records Locker.
5.9.11Ecuretrip may disclose, share, or provide access to records in the Records Locker where required to do so under applicable law, pursuant to any valid court order, governmental direction, statutory obligation, regulatory requirement, or lawful request from a competent authority. You agree and acknowledge that Ecuretrip may access records in the Records Locker where reasonably necessary for resolving technical issues, operational issues, ownership disputes, access issues, support requests, account mapping issues, or other legitimate service-related concerns relating to the Records Locker.
5.9.12You acknowledge that the Practitioners you consult, or have consulted, may use Ecuretrip software or third-party software for the operation of their practice and for the provision of services associated with the Platform, including for the creation, storage, syncing, transfer, or use of records that may appear in the Records Locker, in India or outside India, subject to applicable law. To the extent that your records have already been shared with Ecuretrip, stored on systems used by Practitioners you are consulting or have previously consulted, or otherwise made available in connection with consultations, second opinions, or related services involving Practitioners or Practices having arrangements with Ecuretrip, you agree that such records may be stored, processed, transferred, used, and mapped by Ecuretrip for the purposes of operating the Platform, providing the relevant services, and enabling storage in the Records Locker, in India or outside India, in accordance with applicable law and the Privacy Policy. You further agree that, upon creation of your account with Ecuretrip, records already available in Ecuretrip's systems or databases and reasonably identifiable as relating to you may be linked or associated with your User account and Records Locker, subject to applicable law, account verification processes, and Ecuretrip's internal systems and controls.
5.9.13Where access to the Records Locker or any feature thereof is made available on a paid feature basis for a limited period of time, such access shall be contingent upon such subscription remaining active and all applicable fees being duly paid. Upon expiry, cancellation, or termination of the relevant subscription, access to such Records Locker features may be suspended or restricted at the end of the then billing cycle. The User shall be responsible for downloading or exporting all records prior to such suspension. Ecuretrip shall provide reasonable prior notice of impending lapses where practicable but shall not be liable for any loss of, or inability to retrieve, records following expiry of the period where such notice has been provided.
5.10.1General Medicines-Information Disclaimer:
5.10.2User-Specific Disclaimer:
5.10.3Practitioner-Specific Disclaimer:
5.11For the avoidance of doubt, access to or viewing of any informational content made available on the Platform, including Health Insights or medicine-related information, shall not by itself create any doctor-patient, advisory, treatment, or care-coordination relationship between any User and Ecuretrip or between any User and any Practitioner.
5.12Terms and Conditions for Subscription Services
Any Practice and/or the Practitioner availing subscription-based services on the Platform is additionally governed by the annexed subscription terms. https://www.thebrownsage.com/subscription-terms - Click here to view the terms and conditions in relation to the Subscription Services, if availed by you, as a Practitioner/ Practice/ User.
6.1.1A User may cancel a confirmed appointment or consultation through the Platform within the cancellation window, if any, communicated at the time of scheduling appointment. Where the User cancels within the permitted cancellation window, the User may be eligible for a refund, rebooking, or credit, subject to deduction of any non-refundable components specified to the User. Where the User cancels after expiry of the permitted cancellation window, or after the consultation slot has commenced, no refund shall be payable, except where the Ecuretrip determines otherwise in its sole discretion.
6.1.2Rescheduling by a User prior to expiry of the rescheduling window shall be permitted and shall be subject to Practitioner availability and the then-applicable fees. No rescheduling shall be guaranteed.
6.1.3Rescheduling by a User after expiry of the rescheduling window shall be treated as a cancellation and fresh booking and shall be subject to Practitioner availability and the then-applicable fees. No rescheduling shall be guaranteed.
6.2.1Where a Practitioner cancels a confirmed appointment prior to its commencement, the User shall ordinarily be offered, at the Platform's discretion, one of the following: (a) a rescheduled appointment with the same Practitioner, subject to availability; (b) an option to book an alternative Practitioner through the Platform; or (c) a refund of the fee paid by the User, subject to deduction of non-refundable components where required by applicable law or payment channel constraints.
6.2.2The Platform does not guarantee availability of the same Practitioner, the same time slot, or any alternative Practitioner upon a Practitioner-initiated cancellation. No cancellation fee or penalty shall be charged to the User where the cancellation is confirmed as Practitioner-initiated.
6.3.1Where a User fails to attend, join, answer, log in, or remain available for a confirmed Consultation at the scheduled time including where the User does not respond to the Practitioner's or Platform's reasonable attempts to connect within the waiting period, such appointment shall be recorded as a Patient No-Show.
6.3.2In such cases, the Consultation shall be deemed completed or forfeited for billing purposes, and no refund, reversal, or rescheduling shall be mandatory. Repeated no-shows may result in account-level restrictions, including temporary suspension of booking privileges, at the Platform's discretion. Any exception to this treatment may be granted solely at the Platform's discretion on a case-by-case basis.
6.4.1Where a Practitioner fails to attend, join, or initiate the Consultation within a reasonable waiting period as per internal policy of the Platform, and the Consultation cannot be completed as a result, the User may be offered a rescheduled consultation, credit, or refund, as per relevant policies of the Platform.
6.4.2The Platform may require verification from system logs, call records, chat records, booking timestamps, or other technical evidence before approving any request under this paragraph. The Platform reserves the right to take appropriate action against the Practitioner in accordance with the Practitioner's agreement with the Platform, without prejudice to any remedies offered to the User.
6.5.1Where either the User or the Practitioner joins late, the Consultation may still proceed for the balance available duration, or may be shortened, rescheduled, or treated as completed, depending on the Practitioner's availability, the extent of the delay, and operational feasibility. Late joining by the User shall not entitle the User to an extension of the originally scheduled session duration.
6.5.2Where a Consultation is affected by internet failure, device malfunction, software error, call drop, audio or video failure, power outage, or any other technical issue attributable to the User, Practitioner, telecom network, device configuration, third-party service provider, or a Force Majeure Event, the Platform shall not be automatically liable to provide any refund, rebooking, or credit.
6.5.3Where the Platform determines, on the basis of its own technical records, that a material failure primarily attributable to the Platform's infrastructure prevented the commencement or meaningful completion of the Consultation, the Platform may, as per its relevant policies, offer rebooking, credit, or a partial or full refund. Such determination by the Platform shall be final.
6.6.1Where a Consultation ends before its natural conclusion due to: (a) User conduct; (b) User unavailability or disconnection; (c) User refusal to cooperate or provide required information; (d) insufficient or inaccurate disclosure by the User; or (e) the Practitioner's reasonable clinical or professional judgment that Continuation is inappropriate, unsafe, or not in the User's best interest, such consultation shall be treated as completed and no refund shall be due.
6.6.2Where a consultation ends abruptly due to a verified Practitioner-side issue, and no meaningful portion of the Consultation has occurred, the Platform may offer rebooking, credit, or refund, subject to verification from available records.
6.7.1Payment for a Consultation is made for the Practitioner's time, availability, and independent professional assessment, and not for any guaranteed clinical outcome or deliverable. Accordingly, no refund shall arise merely because: (a) no prescription is issued by the Practitioner; (b) no medical summary, advice note, follow-up instruction, or consultation record is generated; (c) the Practitioner advises in-person examination, diagnostic testing, emergency care, or specialist referral; (d) the Practitioner declines to prescribe any medicine or controlled substance; or (e) the User is dissatisfied with the clinical opinion, recommendation, or outcome.
6.7.2Issuance of any prescription, consultation summary, medical certificate, or clinical advice remains subject entirely to the Practitioner's independent professional discretion and applicable law, including the Telemedicine Practice Guidelines, 2020, as amended from time to time.
6.8.1Where a User or any person attending the Consultation on behalf of the User engages in abusive, threatening, harassing, discriminatory, obscene, fraudulent, or otherwise unlawful or inappropriate conduct toward any Practitioner, Platform representative, or support personnel or misuses the Platform or Consultation process in any manner, the Consultation may be terminated immediately. In such cases, no refund shall be payable, and the Platform may suspend or permanently terminate the relevant account, restrict future bookings, preserve all records, and take any other action it considers appropriate, including reporting the conduct to relevant authorities.
6.9.1If a User submits a complaint regarding the inadequacy, quality, or appropriateness of a Consultation made available through the Platform, the User acknowledges and agrees that any refund, credit, or other resolution in respect of such complaint shall be subject to Ecuretrip's detailed internal review in accordance with its applicable policies and procedures.
6.9.2Users shall have a period of 24 (twenty four) hours from the relevant Consultation to report that such Consultation was inadequate and to submit a refund request. Any refund request raised after expiry of such period may be disregarded and need not be entertained by Ecuretrip.
6.9.3Where Ecuretrip determines, under its internal platform policies, that refund is appropriate in case of a Practitioner acting in breach of applicable law in relation to a Consultation, Ecuretrip may process such refund to the affected User, subject to such verification and investigation as Ecuretrip considers necessary.
6.9.4Ecuretrip may, at its sole discretion, permanently restrict or block a User from availing future Services where it receives repeated cancellation or refund requests from such User on grounds that fall outside Ecuretrip's applicable cancellation or refund policy.
6.9.5Users shall not raise personal queries or seek advice that is unrelated to a specific disease, medicine, symptom, or medical condition. If a User raises such impermissible queries or otherwise misuses the Consultation service for unrelated personal advice, Ecuretrip may discontinue or terminate the relevant consultation, and no refund shall be payable in such case.
6.9.6For the above, Users may seek a refund by contacting Ecuretrip's online support at support@thebrownsage.com. Ecuretrip shall examine the relevant facts and process refunds only where it considers such refund to be applicable.
6.10.1Where a refund is approved, it shall ordinarily be initiated within 7 (seven) business days of the Platform confirming eligibility. Actual credit timelines shall depend on the original payment method, banking channel, card network rules, wallet provider timelines, and third-party payment processor policies, and may accordingly vary beyond the Platform's control.
6.10.2The Platform shall not be responsible for delays in credit occurring after refund initiation, caused by banks, payment gateways, card networks, intermediaries, or other financial institutions. Users are advised to allow adequate time before escalating refund-related queries.
6.10.3All requests relating to cancellation, rescheduling, no-show disputes, technical failure claims, abrupt consultation events, misconduct complaints, and refund eligibility shall be reviewed by the Platform on the basis of available records, including booking logs, timestamps, communication records, Practitioner inputs, support interaction records, and technical system data.
6.10.4The Platform's determination on eligibility for refund, rebooking, credit, deduction, or denial shall be final and binding for platform purposes, subject always to applicable law and the User's statutory rights under the Consumer Protection Act, 2019. Users may raise disputes through the Platform's grievance redressal mechanism as set out under these Terms or approach the relevant consumer forum if unsatisfied with the Platform's determination.
6.11.1Without prejudice to the foregoing, the following components shall be treated as non-refundable to the extent applicable, and shall be deducted before processing any approved refund: (a) convenience fees, platform service fees, and technology fees; (b) payment gateway charges and transaction processing charges; (c) taxes already deposited with government authorities or otherwise non-recoverable; (d) third-party service charges already incurred; (e) promotional discounts, cashback, or benefits already consumed or redeemed; and (f) any other component expressly identified as non-refundable at the time of booking or payment.
6.11.2Where only a partial refund is approved, the above deductions shall be applied before calculating the refundable amount.
7.1Ecuretrip may, with or without prior notice, suspend, restrict or terminate a User's access to the Platform or the Services, and may also pursue any other remedy available in law, if:
7.1.1the User violates any provision of this Agreement;
7.1.2any third party alleges that the User's use of the Services infringes or violates such third party's rights;
7.1.3Ecuretrip is unable to verify, validate or authenticate any information furnished by the User;
7.1.4Ecuretrip has reasonable grounds to suspect that the User has engaged in any unlawful, fraudulent, deceptive or abusive conduct; or
7.1.5Ecuretrip determines, in its sole discretion, that the User's conduct may expose the User, other Users or Ecuretrip to legal liability, or is otherwise prejudicial to the interests of the Platform.
7.2If a User's account is temporarily suspended, indefinitely suspended, restricted or terminated, such User shall not continue using the Platform through the same account, any alternate account, or by registering a fresh account. Upon such suspension or termination for the reasons set out herein, the User may lose access to all data, messages, files, records and other material stored by or through such User on the Platform. The User shall remain solely responsible for maintaining continuous backups of all medical or related records, materials and data required for the User's own record-keeping obligations, systems and practices.
8.1To the fullest extent permitted under applicable law, and without prejudice to any other limitation set out in these Terms, neither Ecuretrip nor any of its directors, officers, employees, agents, licensors, content providers or service providers (collectively, the “Protected Entities”) shall, in any circumstance, be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including damages arising from negligence, loss of business, loss of Users, loss of data, or interruption of operations, arising out of or in connection with the use of, inability to use, or reliance upon the Platform, the Services, the content, materials, functions or facilities made available through the Platform, or any information submitted by a User through the Platform, even if any Protected Entity has been advised of the possibility of such damages.
8.2Without limiting the generality of the foregoing, the Protected Entities shall not be liable for:
8.2.1the provision, non-provision, deficiency, delay, cancellation or failure of any service by any Practitioner to any End-User contacted, referred, booked or managed through the Platform;
8.2.2any content, communication, material, data or information posted, uploaded, transmitted, exchanged or received by or on behalf of any User or any other person on or through the Platform;
8.2.3any unauthorised access to, misuse of, or alteration of the User's transmissions, communications or data; or
8.2.4any other claim, event, matter or circumstance relating to the Platform or the Services.
8.3In all cases, the total aggregate liability of the Protected Entities to any User, whether arising in contract, tort (including negligence), statute or otherwise, for all claims, losses, damages or causes of action arising out of or relating to this Agreement, the Platform or the Services, shall not exceed INR 2,000 (Indian Rupees Two Thousand only).
9.1Ecuretrip may retain information collected from Users through the Platform or the Services for such period as may be necessary, having regard to the nature of the information, the purposes for which it was collected, the manner and modes of its use, and the requirements of the SPDI Rules and other applicable law. In addition, computer server logs, system records and related technical data may be preserved for as long as Ecuretrip considers administratively, operationally or legally necessary.
9.2The User acknowledges and agrees that all health records, medical history, prescriptions, diagnostic reports, consultation notes, clinical images, investigation results, chat transcripts, call records, session metadata, and all other information relating to the User's health, treatment, consultation, or care shared on or through the Platform, or generated in connection with any booking, teleconsultation, audio call, video call, chat interaction, or related session (“Health Data”), constitutes sensitive personal date or information within the meaning of the SPDI Rules.
9.3By using the Platform and participating in any such interaction, the User expressly provides free, specific, informed, and unambiguous consent to Ecuretrip collecting, receiving, storing, processing, using, and sharing such Health Data, strictly to the extent necessary, with: (a) the relevant Practitioner, hospital, clinic, or diagnostic centre for the purpose of providing the consultation or healthcare service booked through the Platform; (b) pharmacies and laboratories, where required to fulfil a prescription or diagnostic referral generated through the Platform; (c) payment service providers, to the extent necessary for processing fees associated with the consultation or booking; (d) cloud infrastructure, technology, and hosting service providers engaged by Ecuretrip to operate and maintain the Platform, subject to appropriate data processing agreements; and (e) customer support personnel and grievance handling teams within Ecuretrip, to the extent necessary to resolve a dispute, complaint, or support request raised by the User for the purposes of service delivery, platform operations, payment processing, support, compliance, dispute resolution, security, and related lawful purposes. Sharing with any recipient not enumerated above shall require separate consent from the User, except where disclosure is required or authorised by applicable law, including directions from any competent authority or court order. The User's consent to sharing Health Data with the relevant Practitioner or Healthcare Provider is a necessary condition for availing the relevant service, and the consequences of consent withdrawal shall be borne by the User in accordance with the applicable law. Ecuretrip shall treat Health Data as sensitive for the purposes of its internal policies, security practices, and third-party engagement arrangements, irrespective of any reclassification under future law.
9.4Ecuretrip may retain consultation records, technical logs, metadata, chat transcripts, booking timestamps, session identifiers, support records, payment records, and such audio, video, or communication records as are operationally necessary or legally required, subject to applicable law and its internal retention practices as updated from time to time; provided that all Practitioners are required under the Telemedicine Practice Guidelines, 2020 to maintain logs and records of telemedicine interactions and retain patient records, reports, images, diagnostics, and data utilised during each consultation in the same manner as records of an in-person consultation, for the period prescribed from time to time.
9.5Unless expressly stated otherwise, Ecuretrip does not undertake to permanently retain full audio or video recordings of every consultation; where a recording is made, the User will be informed within the relevant product flow or session interface. Access to Health Data shall be restricted on a need-to-know basis to authorised personnel, relevant Practitioners, and third-party service providers bound by written data processing agreements imposing obligations of confidentiality, security, purpose limitation, and compliance with applicable data protection law; Ecuretrip may implement role-based access controls, encryption, masking, logging, and other reasonable technical and organisational safeguards for the protection of Health Data, and the User acknowledges that no electronic storage or transmission system is completely secure and that Ecuretrip does not guarantee absolute security. In the event of a personal data breach, Ecuretrip shall notify the relevant authority and affected Users in such form and manner as prescribed under the law.
9.6If the User accesses the Platform or any Health Data feature from outside India, the User does so entirely at their own risk and is solely responsible for determining the legality and permissibility of such access in the relevant jurisdiction, and Ecuretrip makes no representation that the Platform or any Health Data feature is appropriate, lawful, or available in any jurisdiction outside India, subject to any cross-border data transfer restrictions as applicable under the law.
9.7If the User deletes, deactivates, or closes their account, Ecuretrip shall disable further active access to the account and associated Platform services, but may continue to retain Health Data and related records for such period as may be required under applicable law, for regulatory, evidentiary, fraud prevention, audit, grievance handling, dispute resolution, or other legitimate operational purposes; Ecuretrip shall, upon withdrawal of consent or account closure, cease and cause its lawful agents to cease further processing within a reasonable time to the extent continued processing is not otherwise legally required, provided that Health Data already shared with a Practitioner, hospital, clinic, diagnostic centre, pharmacy, or other authorised recipient may continue to be retained by such third party in accordance with their own legal, regulatory, or professional obligations, including the retention obligations applicable to Practitioners under the Telemedicine Practice Guidelines, 2020. Upon deletion or deactivation, certain features including access to past consultation history, prescriptions, chat history, uploaded records, and other stored Health Data may become inaccessible or permanently irretrievable; Ecuretrip shall provide the User with a reasonable opportunity to download or export available records prior to deactivation, subject to technical feasibility and operational constraints, and shall have no liability for inaccessibility or irretrievability of data following account deletion or deactivation, save to the extent required by applicable law or the User's statutory rights.
10.1This Agreement, and all non-contractual or contractual obligations arising between Ecuretrip and any User, shall be governed by and construed in accordance with the laws of India.
10.2Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, scope, enforceability, termination, or the applicability of this arbitration clause, or arising from the User's use of the Platform, the Services, or any information accessible through them, shall be referred to and finally resolved by arbitration conducted in India before a sole arbitrator appointed by Ecuretrip. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ahmedabad, Gujarat. The arbitration proceedings, including all pleadings, hearings, submissions and the arbitral award, shall be conducted in the English language. The arbitral award shall be final and binding on the parties.
10.3Subject to Clause 10.2 above, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction in respect of any matter arising out of or relating to this Agreement, the Platform, the Services, or any information made accessible through the Platform.
11.1Ecuretrip may undertake scheduled or emergency maintenance of the Platform, its servers, supporting systems, or third-party integrations at any time. To the extent reasonably practicable, Ecuretrip will endeavour to provide advance notice of scheduled maintenance through the Platform or by such other means as it considers appropriate; however, no minimum notice period is guaranteed, and emergency maintenance may be carried out without prior notice.
11.2Ecuretrip shall not be liable for any unavailability of the Platform, disruption, delay, cancellation, or rescheduling of any appointment or Consultation arising from scheduled or emergency maintenance, whether or not advance notice was provided. Where a confirmed appointment is disrupted by maintenance that Ecuretrip determines was scheduled and notified in advance, no automatic refund or rescheduling obligation shall arise. Where an appointment is disrupted by emergency maintenance or an unplanned outage attributable primarily to Ecuretrip's controlled systems, the provisions of refund policy shall apply.
Ecuretrip shall not be in breach of these Terms, and shall not incur any liability to the User or the Practitioner, for any delay, disruption, suspension, cancellation, or failure to perform any obligation including in relation to any appointment, Consultation, or refund processing arising from any event or circumstance beyond Ecuretrip's reasonable control, including without limitation: (a) acts of God, natural calamities, floods, storms, earthquakes, or other natural disasters; (b) epidemic, pandemic, public health emergency, or governmental restriction or directive; (c) war, invasion, terrorism, civil disturbance, riot, or insurrection; (d) industrial action, strike, or lockout; (e) failure or disruption of any public network, electricity grid, telecommunications infrastructure, or third-party internet service; (f) regulatory action, governmental order, or change in applicable law; or (g) any other event outside Ecuretrip's reasonable control that could not have been avoided by the exercise of reasonable care (“Force Majeure Event”). Where a Force Majeure Event prevents or delays performance, Ecuretrip shall take reasonable steps to notify affected Users through the Platform or other available communication channels and shall use commercially reasonable efforts to restore services or facilitate rescheduling as soon as practicable. No refund obligation shall automatically arise solely by reason of a Force Majeure Event, and any request for rescheduling or credit arising from a Force Majeure Event shall be considered under the Platform's applicable refund and rescheduling policy as set out herein.
13.1Users and Practitioners shall not use the Platform, or any consultation, booking, communication, upload, or other feature made available through the Platform, for any unlawful, improper, abusive, misleading, or unauthorized purpose. Without limiting the generality of the foregoing, no User or Practitioner shall:
13.1.1use, or attempt to use, the Platform or any consultation facility for any medical emergency, life-threatening condition, or other circumstance requiring immediate in-person medical attention, emergency response, or hospitalization;
13.1.2use the Platform to seek, obtain, issue, facilitate, procure, or request any unlawful, inappropriate, excessive, or medically unjustified prescription, including for narcotic drugs, psychotropic substances, habit-forming medicines, Schedule X drugs, or any other restricted, controlled, or prohibited medication, in violation of applicable law or medical standards;
13.1.3impersonate, misrepresent, or falsely claim to be any patient, attendant, parent, lawful guardian, dependant, Practitioner, hospital, clinic, diagnostic centre, or other person, or create or use any account, profile, credential, registration, or identity information that is false, misleading, unauthorized, or deceptive;
13.1.4upload, submit, transmit, or rely upon any forged, fabricated, altered, misleading, outdated, or fraudulent prescription, medical record, diagnostic report, laboratory result, certificate, identity proof, registration certificate, licence, consent document, or other record or document;
13.1.5record, store, reproduce, screenshot, screen-record, photograph, broadcast, publish, circulate, or otherwise capture any consultation, call, chat, audio, video, prescription, report, or communication without the prior written consent of the other concerned party and, where applicable, the Platform, except to the extent expressly permitted by applicable law or Platform policy;
13.1.6use the Platform to harass, abuse, threaten, intimidate, defame, stalk, exploit, solicit, advertise to, or improperly influence any User, Practitioner, or third party, including for any commercial solicitation, lead generation, off-platform diversion, or unauthorized marketing purpose;
13.1.7pressure, induce, coerce, or attempt to influence any Practitioner to issue a prescription, diagnosis, referral, certificate, medical opinion, or treatment advice that is not clinically justified or is otherwise contrary to applicable law, ethics, or professional judgment; or
13.1.8otherwise misuse the Platform in any manner that compromises patient safety, practitioner safety, legal compliance, data integrity, consultation integrity, or the legitimate operation of the Platform.
13.2Ecuretrip reserves the right to investigate any suspected misuse and to suspend, restrict, cancel, terminate, report, or take any other action in relation to any account, booking, consultation, upload, prescription request, or communication that, in Ecuretrip's sole discretion, appears to violate this Clause or applicable law, without liability and without prejudice to any other rights or remedies available to Ecuretrip, the relevant Practitioner, or any competent authority.
13.3Where any such misuse involves possible criminal conduct, forged documents, impersonation, unlawful prescription-seeking, abuse of teleconsultation, or threats to safety, Ecuretrip may preserve relevant records and disclose information to law enforcement, regulators, courts, or other competent authorities in accordance with applicable law.
14.1If any User has any query relating to Ecuretrip, the Platform, this Agreement, the Services, or any matter connected with any of the foregoing, the User may contact Ecuretrip's customer support at support@thebrownsage.com or through the contact details made available at the following link: https://www.thebrownsage.com/contact.
14.2In accordance with the Information Technology Act, 2000 and the rules framed thereunder, including in relation to grievances concerning the Platform, the Services, or any discrepancy or complaint regarding the processing of information, Users may contact the Grievance Officer, through the “Contact Us” page.
14.3If any person suffers any grievance, harm or complaint arising from access to or use of the Platform by any person in violation of Rule 3 of the IG Rules, such grievance may be submitted to the above-mentioned Grievance Officer.
If any provision of this Agreement is held by a court of competent jurisdiction or an arbitral tribunal to be invalid, illegal or unenforceable under applicable law, such provision shall, to that extent, be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect as if the invalid, illegal or unenforceable provision had never formed part of this Agreement. In such case, this Agreement shall be interpreted, to the maximum extent permitted by law, so as to give effect as closely as possible to the commercial intent, purpose and legal effect originally intended by the excluded provision.
No waiver of any provision of this Agreement, and no consent to or excuse for any breach, shall be valid unless made expressly in writing and signed by Ecuretrip. Any waiver, consent or forbearance granted by Ecuretrip in respect of any breach by a User, whether express or implied, shall not operate as a waiver of any other prior, concurrent, future or subsequent breach of the same or any other provision of this Agreement.
In case of any inconsistency between the Practitioners specific provisions and the general provisions herein applicable to the Practitioners, the Practitioners specific provisions override the general provisions applicable to Practitioners. Similarly, in case of any inconsistency between the Practice specific provisions related to subscription services and the general provisions herein applicable to the Practices, the Practice specific subscription provisions shall override the general provisions herein.