Legal
Ecuretrip Healthtech Private Limited (operating as The Brown Sage)
Ecuretrip Healthtech Private Limited (“us”, “we”, “our” or “Ecuretrip”, which expression shall also include our affiliates) owns and operates the internet resource www.ecuretrip.com and www.thebrownsage.com (“Website”) and the software, platform, and/or related technology made available by us under the brand name “The Brown Sage” or such other brand name as may be determined by us from time to time (together with the Website, referred to as the “Services”).
These Terms (as defined hereinafter) constitute a binding agreement between Ecuretrip and the user of Ecuretrip's subscription-based services (“User”, “you” or “your”). The subscription-based services made available by us, either through our Website, mobile application, and/or WhatsApp interface (collectively, the “Platform”) or without the Platform, for which a subscription fee is payable, are referred to individually as a “Subscription Service” and collectively as the “Subscription Services”.
These Terms (as defined hereinafter) set out the conditions on which the Subscription Services may be accessed and used. The Subscription Services are primarily intended to function as internet-based software/ platform-as-a-service/ technology tools hosted and managed remotely by Ecuretrip and may also include related support or ancillary features made available by Ecuretrip from time to time.
These Terms shall be considered as an electronic record for the purposes of the Information Technology Act, 2000 and is generated by a computer system. Accordingly, it does not require any physical or digital signature.
1.1We may revise these Terms of Use (as defined hereinafter) from time to time without prior notice. Your continued use of the Subscription Services after any such revision will mean that you accept the revised Terms.
1.2Any additional terms of use of the Website (“Website Terms of Use”), disclaimers, privacy policy (“Privacy Policy”), service-specific terms or other policies that apply to the Subscription Services, whether generally or in relation to any particular feature, shall be read together with these Terms and shall form part of the Terms of Use.
1.3By agreeing to these Terms, you also agree to the terms applicable to the Services available on the Platform. You acknowledge that your access to and use of any Subscription Service is subject to these Terms and shall remain at Ecuretrip's discretion.
2.1Ecuretrip is the author and publisher of the technology platform operating on a platform-as-a-service model, known as “The Brown Sage Clinical Intelligence Layer” or such other name as may be determined by us, together with all related variants, updates, editions, add-ons, ancillary subscription offerings, associated files, images and accompanying data (collectively, the “Clinical Intelligence Layer”).
2.2The Subscription Services are designed for use by businesses, institutions, clinics, hospitals, establishments and other organisations engaged in healthcare practice (“Practices”), and by healthcare providers and their authorised associates who use the Platform and/or the Clinical Intelligence Layer (“Practitioners”).
2.3The Subscription Services are designed to assist such Practices in storing, organising, reviewing and processing practice-related and patient-related information, including, where applicable, medical records and related documents, through the Clinical Intelligence Layer, and to support the continued listing of Practitioners on the Platform so as to enable them to provide their respective services to the End-User (as defined in the Website Terms of Use).
2.4All persons subscribing to the Subscription Services are collectively referred to in these Terms as “Users”.
2.5Ecuretrip makes no express or implied representation or warranty in relation to the Subscription Services. To the fullest extent permitted under applicable law, Ecuretrip disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. No person is authorised to make any warranty on behalf of Ecuretrip, and you may not rely on any statement as a warranty unless Ecuretrip has expressly issued it in writing.
3.1By using the Subscription Services, you confirm that you have read and understood these terms and conditions (“Terms” or “Terms of Use”) along with the Website Terms of Use and agree to be bound by them. If you do not agree with these Terms, or are unable to comply with them, you must not register for, access, or use the Subscription Services in any manner whatsoever.
3.2You further represent that you will not use the Subscription Services unless you understand these Terms, agree to become bound by them, and comply with all applicable conditions set out below. Any use of the Platform by you shall be treated as your consent to these Terms. If you do not agree to be bound by (or cannot comply with) any of the terms below, do not click the “I Agree” box, do not complete the registration process, and do not attempt to use the Service.
3.3You must be at least 18 years of age to register for or use the Subscription Services. By registering for or using the Subscription Services, you represent and warrant that you are at least 18 years old, have the legal right, authority and capacity to enter into these Terms, and are not prohibited under the laws of India or any other applicable jurisdiction from receiving the Subscription Services.
3.4These Terms are governed by applicable Indian law, including the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules, regulations and guidelines framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPDI Rules”), and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Rules”).
3.5Your access to and use of the Subscription Services is conditional upon your acceptance of these Terms. If you do not agree with any part of these Terms, you must immediately stop using the Platform and the Subscription Services.
3.6Ecuretrip grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Subscription Services only in accordance with these Terms. All content made available through the Subscription Services, including text, graphics, images, logos, software code, design and compilations (collectively, “Ecuretrip Owned Content”), remains the property of Ecuretrip and is protected by applicable intellectual property laws. Ecuretrip permits the User to view and access the Platform and the content made available on or through it solely for the limited purpose of availing, receiving, communicating in relation to, or otherwise using the Services in accordance with these Terms. No wider licence or right is granted to the User by implication or otherwise.
3.7You shall not modify, reproduce, distribute, display, perform, exploit or otherwise use any Ecuretrip Owned Content except as expressly permitted under these Terms. Multiple Users may not share a single login credential. Any unauthorised copying or commercial exploitation of copyrighted content published on the Platform shall constitute an infringement of Ecuretrip's rights, and Ecuretrip expressly reserves all remedies and rights available to it under applicable law. The User shall not access or use the Services for the purpose of monitoring availability, testing performance, evaluating functionality, carrying out benchmarking exercises, or undertaking any competitive analysis or similar activity.
3.8If you are an employee, consultant, intern, associate, or other representative of a subscribing Practice and/or the Practitioner, and that Practice and/or Practitioner has authorised you to use the Subscription Services, then these Terms shall operate between you, the relevant Practice and/or the Practitioner, and Ecuretrip. Both the Practice and/or the Practitioner, as the case may be, and Ecuretrip may take action against you for any breach of these Terms.
3.9You may not transfer, sub-license, assign, lease, or otherwise transfer your login, account, or right to use the Subscription Services to any third party. You are solely responsible for all persons you authorise to use the Subscription Services through your account and for ensuring that they comply with these Terms. Any violation by such authorised person shall be treated as a violation by you.
3.10These Terms also apply to Users accessing the Clinical Intelligence Layer and/or any other software or technology made available through the Platform, or through any other source authorised by Ecuretrip. You agree that all registration information submitted by you will be true, accurate, complete and kept up to date. Any phone number used for registration must be registered in your own name, and Ecuretrip may require supporting proof of the same.
3.11You shall not use the Subscription Services for any unlawful or unauthorised purpose. You shall not impersonate any other person, including any Practitioner, Practice or User. You may use the Subscription Services only as permitted under these Terms and applicable law.
3.12You shall not access, or attempt to access, the Subscription Services by any means other than the interface provided by Ecuretrip, unless Ecuretrip has separately authorised such access in writing. You shall not interfere with, disrupt, reproduce, copy, license, rent, sell, trade or resell the Clinical Intelligence Layer or any other software or technology made available through the Platform, or the Subscription Services.
3.13You are solely responsible for any breach of your obligations under these Terms and for the consequences of such breach, including any loss or damage suffered by Ecuretrip. You shall indemnify Ecuretrip against claims, losses, damages or regulatory or court-related costs arising from your breach of applicable law or these Terms.
3.14Your use of the Subscription Services is at your sole risk. The Subscription Services are made available on an “as is” and “as available” basis.
3.15Ecuretrip may modify or discontinue any part of the Subscription Services if required due to a change in applicable law, government regulation or policy.
3.16You are responsible for maintaining the confidentiality of your passwords and account credentials. Your use of a particular Subscription Service gives you rights only in relation to that Subscription Service and not to any other Ecuretrip service unless specifically stated otherwise.
4.1Ecuretrip provides access to the Platform on a platform-as-a-service basis including access to the Clinical Intelligence Layer to the Practices. Ecuretrip provides the Subscription Services as a technology tool and does not provide medical services or clinical care.
4.2To the extent that the Platform/ Clinical Intelligence Layer/ or any other software or technology on the Platform is made available to you under the Subscription Services, Ecuretrip licenses such access to you on non-exclusive basis for your consumption in accordance with these Terms and does not transfer title or ownership in the Platform/ Clinical Intelligence Layer/ or any other software or technology on the Platform or in any related intellectual property rights. You may use the Subscription Services and the related materials only for purposes permitted under these Terms and applicable law.
4.3The Subscription Services, insofar as they are made available to Practices, are intended solely to assist such Practices in generating structured summaries of existing medical records, documents and related information provided by or on behalf of End-Users, for the limited purpose of facilitating internal review, operational efficiency and patient management by such Practices. Insofar as the Subscription Services are made available to Practitioners, they are intended to enable such Practitioners to maintain visibility on the Platform for the provision of their services to End-Users. For the avoidance of doubt, the Subscription Services do not, in and of themselves, constitute or operate as a practitioner search, discovery, ranking, recommendation or appointment solicitation service for End-Users.
4.4Ecuretrip may process the medical records, documents and other information submitted into the Subscription Services only for the purpose of generating and displaying summaries to the relevant Practitioner or Practice, as applicable, in accordance with these Terms, the Privacy Policy and applicable law.
4.5Ecuretrip does not independently verify the completeness, accuracy or clinical appropriateness of any source record or of any summary generated through the Subscription Services. Any summary, output or structured record generated through the Subscription Services is only a technology-assisted aid for convenience and workflow support and shall not be treated as diagnosis, prescription, treatment advice or medical advice from Ecuretrip. The relevant Practice and/or the Practitioner remains solely responsible for reviewing the underlying records, verifying the generated summary, exercising independent medical judgment, and making all diagnosis, treatment and care decisions. The relevant Practice and/or the Practitioner acknowledges that any summary generated through the Subscription Services may omit, condense, mis-sequence or otherwise fail to reflect all clinically relevant information contained in the underlying records, and accordingly such summary must always be independently reviewed against the original source materials before reliance.
4.6Where the relevant Practitioner or Practice has availed the Subscription Services, and the relevant End-User is also separately registered on the Ecuretrip platform, certain information or summaries generated through the Subscription Services may, subject to applicable consents, permissions, account settings and system configurations, be made available or synced to such End-User through the Platform. If the relevant subscription, registration, permissions, settings, or technical conditions are not in place, no End-User access to such summaries shall be assumed. The mere creation of a summary does not by itself give any End-User the right to access it.
4.7The Practitioner or Practice shall be solely responsible for ensuring that it has obtained all consents, authorisations, permissions and other valid legal basis required for the collection, use, upload, processing and sharing of End-User information, medical records and related materials through the Subscription Services and the Platform.
4.8Ecuretrip may retain account-related information, service logs, and such records or summaries as may be required for service functionality, audit, backup, dispute resolution, enforcement or compliance with applicable law. Ecuretrip may suspend, restrict or disable access to the Subscription Services or to any syncing functionality upon suspension, expiry or termination of the applicable subscription.
4.9Ecuretrip may, at its discretion, offer a free trial of the Subscription Services for a specified period. Any User using the Subscription Services during the trial period shall remain bound by these Terms and applicable law.
4.10Any data entered over the Platform including the Clinical Intelligence Layer, and any customisation made thereto during the trial period, may be permanently lost when the trial expires unless the User upgrades and/or subscribes to a paid plan. Ecuretrip does not provide any warranty during the trial period.
4.11Ecuretrip provides the Subscription Services on an “as is” basis and may modify, update or customise any feature at its discretion. Ecuretrip is not obliged to implement any requested customisation. Any subscription fee charged does not include customisation costs unless expressly stated otherwise.
4.12You shall not access the Subscription Services if you, or the organisation you represent, is a direct competitor of Ecuretrip, unless Ecuretrip has given prior written consent. You shall also not access the Subscription Services for benchmarking, competitive analysis or similar purposes.
4.13Ecuretrip may provide basic support at no additional charge and may provide upgraded support where separately purchased, as applicable. Ecuretrip will use commercially reasonable efforts to keep the Subscription Services available 24 hours a day and 7 days a week, except for planned downtime, or interruptions caused by circumstances beyond Ecuretrip's reasonable control, including events of force majeure, labour disruption, infrastructure failure, internet failures or government action. Ecuretrip will provide the Subscription Services in accordance with applicable law and government regulations. However, Ecuretrip does not guarantee that the Subscription Services will always operate without disruption, delay or error. Various factors outside Ecuretrip's control may affect performance, including local network conditions, firewalls, internet service provider failures, public internet disruptions, electricity supply issues and telephony failures. Ecuretrip shall not be responsible for any disruption, interruption or delay caused by such events.
4.14If the Platform and/or the Clinical Intelligence Layer becomes unavailable or unusable due to an apparent default on Ecuretrip's part, Ecuretrip may, at its discretion, extend the relevant subscription period by the number of calendar days for which the affected Subscription Service was unavailable. Ecuretrip shall not be liable for failures of intermediary services such as internet connectivity failures or telephonic disconnections.
4.15Certain features of the Subscription Services may be available only subject to plan-specific limits, technical conditions, storage limits, user limits, subscription validity, connectivity requirements or other operational restrictions, as specified in the relevant plan.
4.16Certain functionalities of the Subscription Services may, where made available by Ecuretrip at its sole discretion, be used in offline workflows by Practitioners and/or Practices, as applicable. Where any feature is used in offline mode, syncing, backup, updates, display, sharing or End-User visibility may depend on later connectivity, system compatibility, settings, permissions and subscription status.
4.17The Practice and/or the Practitioner alone shall remain responsible for all dealings and interactions with End-Users and for all diagnosis, treatment, prescription and patient-management decisions. Ecuretrip shall have no liability in relation to such clinical or practice/ practitioner-patient interactions.
4.18Ecuretrip does not guarantee the correctness, completeness or accuracy of any information provided by End-Users or any third party through the Subscription Services. The Subscription Services are not intended for emergency purposes, emergency appointments, emergency healthcare procedures or any emergency situation, and should not be relied upon in place of immediate independent professional judgment.
4.19Ecuretrip may suspend a User's access to the Subscription Services while complaints or suspected violations are being investigated, or for any other legitimate reason determined by Ecuretrip.
4.20Ecuretrip may use information available through the Subscription Services in anonymised form for service improvement, analytics, business intelligence, research and development, and development of new products or technologies, subject to applicable law and the Privacy Policy. Ecuretrip may use the following categories of information in anonymised form for the purposes stated above: (a) Practice information; (b) Practitioner information; (c) End-Users' demographic information; and (d) End-Users' health and medical-history-related information, in each case only in anonymised form and in accordance with applicable law.
4.21Users may use the rectification tools made available by Ecuretrip or contact Ecuretrip for corrections where available. Ecuretrip shall not be liable for any loss arising from incorrect information not rectified by the relevant User.
4.22While Ecuretrip may generate a case summary based on the records uploaded into the Clinical Intelligence Layer by the Practice, Ecuretrip does not guarantee that any such summary will be complete, adequate or suitable in every case. Ecuretrip shall not be liable if any such summary does not produce the result expected by the Practice as a subscriber.
4.23Certain Subscription Services or ancillary features may be subject to additional terms, restrictions or conditions (“Specific Terms”). In such cases, your access to the relevant feature or Subscription Service shall be subject to your acceptance of and compliance with such Specific Terms.
4.24Ecuretrip may introduce new functionality, remove existing functionality, modify functionality or release newer versions of the Platform including the Clinical Intelligence Layer at its sole discretion. Ecuretrip may notify Users of such changes and may automatically upgrade Users to the latest version where it deems appropriate.
4.25Ecuretrip may collect, whether directly or indirectly, information relating to your professional profile, contact details, practice details, and related particulars for the purpose of facilitating interaction with other Users on the Platform or for other Services available on the Platform.
5.1Ecuretrip may introduce new Subscription Services for additional fees and may revise the fees for existing Subscription Services from time to time at its discretion. The fees communicated by Ecuretrip, as amended from time to time, shall apply to the relevant Subscription Services.
5.2If you purchase any Subscription Service, you authorise Ecuretrip to charge the applicable fees at the beginning of each subscription period, or at such other intervals as may apply to that Subscription Service. You further authorise Ecuretrip to make modifications to the fee structure during the subscription relationship, subject to applicable notice requirements, and you agree to comply with the revised fee structure. Ecuretrip may modify its fee structure by providing 30 (thirty) days' prior notice through the Subscription Services or by email to the authorised User, and such notice shall be treated as valid communication. If the User does not object within the notice period, the revised fee structure shall take effect after expiry of such period.
5.3You represent that all billing credentials provided by you are accurate and lawfully owned or controlled by you. You agree to pay all subscription fees, consulting fees and other charges applicable to your use of the Subscription Services and shall not attempt to circumvent the applicable fee structure.
5.4The fee payable will depend on the plan selected by you and on any additional usage beyond the limits of your plan, and not on actual usage alone. The subscription fee is non-refundable, except where expressly stated otherwise in these Terms.
5.5Each User is solely responsible for its own taxes, statutory registrations, legal compliances and reporting obligations. Ecuretrip shall be responsible only for its own applicable compliances.
5.6Ecuretrip may make available an offline fee payment facility through a third-party vendor. Ecuretrip shall not be responsible for any loss or damage arising from the use of such third-party payment facility.
5.7Fees may also be paid by cheque payable at Ahmedabad and sent or delivered to the following address: 1602, Sankalp Square 3A, Besides Taj Skyline, Sindhu Bhavan Road, Ahmedabad – 380059.
5.8All fees are exclusive of taxes, and all applicable indirect taxes and statutory levies shall be charged in addition.
5.9A payment shall be treated as complete only when the funds are received in Ecuretrip's designated bank account. Any fee not received by the due date may attract late charges at the rate of 18% per annum from the due date, at Ecuretrip's discretion.
5.10To process fee payments, Ecuretrip may require bank account details, credit card details and other financial information from you. Users should review the Privacy Policy to understand how such information is handled.
5.11If a User pays by credit card, an invoice for the subsequent subscription period or renewal may be generated 10 (ten) days before expiry of the current subscription period, and Ecuretrip may send an email notifying the User that the registered credit card will be automatically charged for renewal together with a copy of the invoice. If a User does not wish to continue or renew the Subscription Services, the User must notify Ecuretrip within 5 (five) days of receiving such intimation. If no such notice is received, Ecuretrip may charge the registered credit card on the expiry date of the then current subscription period.
5.12Ecuretrip may send an acknowledgement of receipt of fees by email within 7 (seven) working days of receipt of funds into its designated bank account.
5.13If any fee remains unpaid beyond the date on which it becomes due (“Overdue Date”), Ecuretrip may take one or more of the following actions: (i) reduce the level/ visibility or scope of Subscription Services from the Overdue Date, including by limiting certain outputs or summaries for the Practices; (ii) discontinue the Subscription Services at any time after 30 (thirty) days from the Overdue Date; or (iii) delete information in the User's account at any time after 90 (ninety) days from the Overdue Date, subject to applicable law and Ecuretrip's data-retention obligations.
5.14All fees and charges shall be calculated on the basis of Ecuretrip's records or the records of its billing provider, and such records shall be final and binding for billing purposes.
5.15You may cancel your access to the Subscription Services using the cancellation methods available on the Platform including the Clinical Intelligence Layer or by contacting customer support at support@thebrownsage.com.
5.16The one-time setup fees shall not be refunded to the User.
5.17Ecuretrip shall not be liable to you or any third party for any modification, suspension or discontinuance of the Subscription Services, except that you may be entitled to a pro-rated refund of the unused portion of any subscription fee, paid deposit or other payment for Subscription Services, subject to Ecuretrip's internal policies, excluding any non-refundable one-time set-up fee, where Ecuretrip permanently discontinues the Subscription Services or upon expiry of 45 (forty five) days from the date of your written notice to Ecuretrip, as applicable.
5.18Ecuretrip may deduct any applicable taxes from any refund amount. Subscription fees are non-transferable, and payment made for one Subscription Service may not be transferred or carried over to another Subscription Service.
6.1The Platform/ Clinical Intelligence Layer/ any other software or technology made available through the Platform, may enable Ecuretrip to access the registered User's email address and phone number for communication relating to the Subscription Services and other legitimate service-related purposes.
6.2Ecuretrip may use information collected from Users for identifying, investigating and resolving support issues, service issues and technical debugging issues. In the course of providing the Services, Ecuretrip may collect information relating to the devices through which you access the Platform and/or Clinical Intelligence Layer and/or any other software or technology made available through the Platform, as well as anonymised information concerning your use of such Platform and/or Clinical Intelligence Layer and/or any other software or technology made available through the Platform. Such information may be used to improve the quality of the Services and to develop or introduce new services.
6.3The terms “personal information” and “sensitive personal data or information” shall have the meanings assigned to them under the SPDI Rules and, where applicable, as further described in the Privacy Policy. The Privacy Policy describes, among other things: (a) the categories of information collected from Users, including personal information and sensitive personal data or information; (b) the purposes for which such information is collected and the manner in which it is used; (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.
6.4Each User should read and understand the Privacy Policy so as to be aware of the nature of the information collected, the purpose of collection, the intended recipients, the manner of retention, the name and address of the collecting agency, and the rights available to the User in relation to such information. Your use of the Platform constitutes your acknowledgment and agreement that any information provided by you to Ecuretrip through the Platform shall be collected, processed, stored, used and disclosed in accordance with the Privacy Policy.
6.5Ecuretrip shall not be responsible for the authenticity, accuracy or completeness of any personal information or sensitive personal data or information supplied by a User to Ecuretrip or to any person acting on Ecuretrip's behalf.
6.6Each User is solely responsible for maintaining the confidentiality of the User's account credentials, including login details and password. The User shall be responsible for all activities conducted through the User's account, whether authorised or unauthorised by the User. The User must immediately notify Ecuretrip of any actual or suspected unauthorised use of the account or password.
6.7Ecuretrip shall not be liable for any loss or damage resulting from unauthorised use of a User account, but the User may be liable for losses suffered by Ecuretrip or any third party due to such unauthorised use. If any information provided by a User is found to be or becomes untrue, inaccurate, outdated or incomplete, or if Ecuretrip has reasonable grounds to believe that this is the case, Ecuretrip may suspend or discontinue the Services to that User at its discretion.
6.8Each Practice and each user of the Platform/ Clinical Intelligence Layer/ any other software or technology made available through the Platform, shall be responsible for obtaining explicit consent from the relevant End-Users before storing any End-User information over the Platform.
6.9The use of the Subscription Services may involve storage of registration information and browsing history and disclosure of such information to appropriate authorities where required under applicable law. The manner and basis of such collection, storage and disclosure are set out in the Privacy Policy.
6.10Any other information collected by Ecuretrip from Users during the registration process is described in the Privacy Policy. The consent and revocation procedures applicable to such collection and use are also described in the Privacy Policy.
6.11Ecuretrip collects and uses Users' personal and demographic information in the manner described in the Privacy Policy available on the Platform. If Ecuretrip intends to use a User's personal data for a purpose not specified in these Terms or the Privacy Policy, Ecuretrip intends to seek such permission or consent as may be required under applicable law.
6.12Any information provided by the User may be retained by Ecuretrip after termination of these Terms or expiry of a subscription, to the extent permitted or required under applicable law and as described in the Privacy Policy. Thereafter, the Privacy Policy and the applicable terms of the Website shall continue to apply to such retained information to the extent relevant.
7.1In 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:
7.2In addition to the foregoing, Users shall not:
7.3If 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 7.1 or Clause 7.2, 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.
7.4If a User fails to comply with applicable laws, rules, regulations, or these Terms, including the Privacy Policy and the Website Terms of Use, Ecuretrip shall have the right to immediately suspend, restrict, or terminate such User's access to the Subscription Services, Platform or the Services, and to remove, disable, or take down any information or content that is non-compliant.
7.5Ecuretrip 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.
7.6Ecuretrip 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.
7.7Under the Subscription Services, Ecuretrip's role is limited to providing the technology tools through which, (a) Practices may generate structured summaries of existing medical records, documents and related information provided by or on behalf of End-Users, for facilitating internal review, operational efficiency and patient management by such Practices, and (b) Practitioners may maintain visibility on the Platform for the provision of their services to End-Users. Ecuretrip is not a healthcare provider and does not undertake diagnosis, treatment, prescription or any clinical decision-making responsibility.
7.8Your 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.
8.1Ecuretrip shall not be liable to any User for disclosures made by Ecuretrip where the User has consented to such disclosure. If the User later revokes such consent, Ecuretrip shall not be liable for any disclosure made prior to actual receipt of such revocation. The User shall not hold Ecuretrip liable for any disclosure made in accordance with applicable law or the SPDI Rules.
8.2The Subscription Services, in respect of the Platform and/or Clinical Intelligence Layer and/or any other software or technology made available through the Platform, are provided on an “as is” and “as available” basis and without warranties or conditions of any kind, whether express or implied, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, title or non-infringement.
8.3Ecuretrip does not make any representation, warranty or guarantee regarding the Subscription Services. Ecuretrip does not independently verify content or information provided by Users and, to the fullest extent permitted by law, disclaims liability arising from any use of or reliance upon the Subscription Services, any user-generated content, any practitioner-generated input, or any information, opinion or suggestion made available through the Subscription Services.
8.4Ecuretrip assumes no responsibility and shall have no liability for the manner in which End-User data is used by Practitioners, Practices or any other authorised users of the Platform and/or Clinical Intelligence Layer and/or any other software or technology made available through the Platform. The relevant Practice or Practitioner is solely responsible for ensuring that End-User data stored in or taken from the system is used in compliance with applicable privacy laws and professional obligations.
8.5The Subscription Services may contain links to, or integrations with, third-party services, affiliates or business partners. Ecuretrip does not control and is not responsible for the content, accuracy, quality, reliability or validity of such third-party services. The inclusion of any such link does not imply endorsement by Ecuretrip. Any use of such links or third-party services is at the User's own risk.
8.6Ecuretrip shall not be responsible for damage to User equipment or data, or for any malware, virus or other harmful component that may affect the User's systems arising from access to or use of the Subscription Services.
8.7If a User is dissatisfied with the Subscription Services, the User's sole remedy shall be to discontinue use of the Subscription Services.
8.8To the extent the Subscription Services permit communications or content-sharing among Users, Ecuretrip does not endorse and shall not be liable for any information, opinion or statement made available by any User, moderator or administrator, and such persons shall not be treated as Ecuretrip's authorised representatives merely because they use the Platform.
8.9In no event, including in negligence, shall Ecuretrip or any of its directors, officers, employees, agents, content providers or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from or relating to the use of, or inability to use, the Subscription Services, the related content, materials or functions, or any information provided through the Subscription Services, including loss of business or loss of sales, even if Ecuretrip has been advised of the possibility of such damages.
8.10The Protected Entities shall not be liable for the provision of, or failure to provide, any medical or healthcare service by any Practitioner or Practice to any End-User. The Protected Entities shall not be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or third party through the Subscription Services.
8.11In no event shall the total aggregate liability of the Protected Entities to any User, whether in contract, tort, negligence or otherwise, exceed INR 2,000 (Indian Rupees Two Thousand only).
8.12The Protected Entities shall not be liable for failure to provide any agreed Subscription Service to the extent such failure results from circumstances beyond Ecuretrip's reasonable control, the User's acts or omissions, third-party system failures, or limitations expressly disclosed in these Terms.
8.13The Protected Entities shall not be liable for any act or omission of any third-party service provider, vendor or other company furnishing any portion of the Subscription Services, nor for any unauthorised interception of communications, any breach of privacy attributable in whole or in part to the acts or omissions of the User or third parties, or any damage resulting from customer-provided systems, equipment, facilities or services interconnected with the Subscription Services.
8.14Ecuretrip may contact you by telephone, email or SMS for limited service-related purposes, including support, billing, operational notices and feedback relating to the Subscription Services.
8.15You 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. 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.
8.16As an online platform, Ecuretrip does not assume responsibility for any content/ information generated by the Users of the Platform, and its role in relation thereto is limited to that of an “intermediary” under the Information Technology Act, 2000.
8.17By using the Services:
8.18In consideration of the various offerings and services made available by Ecuretrip on the Platform, you agree, subject to your reasonable right to review and approve, where applicable, that Ecuretrip may:
9.1The User agrees to indemnify and hold harmless Ecuretrip, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from and against any third-party claims, losses, liabilities, damages and costs (including reasonable attorneys' fees) arising out of or relating to the User's access to or use of the Subscription Services, Platform, Clinical Intelligence Layer, any other software or technology made available through the Platform, breach of these Terms, or infringement of any intellectual property right or other right of any person by the User or by any person using the User's account, as applicable.
9.2Ecuretrip shall notify the User promptly of any such claim and the User shall provide reasonable assistance, at the User's expense, in defending such claim.
10.1These Terms shall remain in force for so long as the User accesses or uses any Subscription Service in any form or capacity.
10.2A User may request termination of its subscription at any time by giving 30 (thirty) days' prior written notice to support@thebrownsage.com. During such 30 (thirty) days' period, Ecuretrip may review any ongoing Subscription Services, outstanding dues or pending obligations of the User. Ecuretrip may require the User to continue the subscription until completion of the ongoing subscription period or resolution of pending dues, where appropriate.
10.3The User shall remain liable to clear all dues payable to Ecuretrip for the Subscription Services availed by the User. Ecuretrip shall not be liable to the User or any third party for termination of access to the Website or the Subscription Services.
10.4Ecuretrip may terminate or suspend any account if: (a) the User breaches these Terms/ Website Terms of Use or the Privacy Policy; (b) Ecuretrip is unable to verify or authenticate information provided by the User; or (c) Ecuretrip reasonably believes that the User's conduct may create legal liability, cause harm, or be contrary to the interests of the Services, other Users or Ecuretrip.
10.5Once an account is suspended or terminated, the User may not continue to use the Subscription Services through the same account, a different account or a newly registered account unless Ecuretrip expressly permits such continued use.
10.6Following termination of an account for the reasons set out above, the User may lose access to data, messages, files and other content stored through the Subscription Services. The User is solely responsible for maintaining continuous backup copies of its own content, data and information for its internal recordkeeping and compliance requirements.
10.7Nothing in these Terms shall restrict Ecuretrip from using information already lawfully available in the public domain or from retaining information where required or permitted under applicable law, the Privacy Policy or these Terms.
11.1Upon a User's request made within 30 (thirty) days after the effective date of termination of a Subscription Service due to non-payment, Ecuretrip will make available to the User a downloadable copy of such User's data in a file format determined by Ecuretrip. After the expiry of such 30 (thirty) days' period, Ecuretrip shall have no obligation to maintain or provide such data and may thereafter delete the same from its systems or from its possession or control, unless legally prohibited from doing so.
11.2Where the User voluntarily terminates the subscription, it shall be the User's sole responsibility to make a copy of its data before termination, and such data may not remain available after termination of the subscription.
11.3Ecuretrip may, at its sole discretion, pursue all legal remedies available to it, including deletion of User content and immediate termination of the User's account or access to the Platform/ Clinical Intelligence Layer/ any other software or technology made available through the Platform, if the User breaches these Terms/ Website Terms of Use, submits unverifiable information, or fails to provide, maintain or continue the consents necessary for Ecuretrip to provide the Subscription Services.
11.4These Terms, and all contractual and non-contractual obligations arising between Ecuretrip and any User, shall be governed by and construed in accordance with the laws of India.
11.5Any dispute, controversy, difference or claim arising out of or in connection with these Terms, 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/ Clinical Intelligence Layer/ any other software or technology made available through the Platform, the Services, the Subscription 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.
11.6Subject to Clause 11.5 above, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction in relation to matters arising out of or connected with these Terms, Platform/ Clinical Intelligence Layer/ any other software or technology made available through the Platform, the Services, the Subscription Services or any information accessible through them.
11.7Even after termination, the provisions relating to Additional Covenants, Liability and Disclaimers, Indemnity, Return of User's Data, Disputes and Governing Law shall survive. Any amendment to these Terms of Use shall replace all previous versions of the same.
12.1You must notify Ecuretrip immediately, in writing or by mail to support@thebrownsage.com, or by calling customer care on +91-9274721800, if your content is stolen or if you become aware that your account or Subscription Service is being misused or used fraudulently. When giving such notice, you must provide account details and a detailed description of the relevant circumstances.
12.2Failure to notify Ecuretrip promptly after discovery of such misuse may result in termination of the Subscription Services and additional charges to you. You shall remain liable for all use of the Subscription Services through your account, including any stolen or fraudulently used Subscription Services, and Ecuretrip shall not be liable to extend the subscription period or waive fees on account of such misuse or fraud. This includes misuse arising from modem hijacking, wireless hijacking, or any fraud resulting from failure of your internal or corporate security procedures. Ecuretrip will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorised user of your Subscription Services.
13.1Ecuretrip may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services. Misuse includes creating multiple or false profiles, infringing intellectual property rights, violating these Terms/ Website Terms of Use, or engaging in any conduct that Ecuretrip reasonably considers contrary to the purpose of the Subscription Services.
13.2Ecuretrip may also terminate the accounts of repeat infringers or repeat violators of these Terms even after prior warning.
14.1If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.
15.1If any User has any question, complaint or issue regarding the Subscription Services, the User may contact Ecuretrip customer support at support@thebrownsage.com. If any User has questions concerning Ecuretrip, the Services, the Subscription Services, Platform, Clinical Intelligence Layer, any other software or technology made available through the Platform, these Terms, or any related matter, Ecuretrip may be contacted at support@thebrownsage.com or through the contact information available at https://www.thebrownsage.com/contact.