General Terms and Conditions for Company

Welcome to the CURIA App (“App”) developed and published by Innoplexus Consulting Services Pvt. Ltd. (“Company”). If you continue to have installed and access the App, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy (Read Here) govern the Company’s relationship with you concerning this App. If you disagree with any part of these terms and conditions, please do not use our App or related services.

The term ‘Company’ or ‘us’ or ‘we’ refers to the owner of the Curia App i.e., Innoplexus Consulting Services Pvt. Ltd. The term ‘you’ refers to the user or viewer of the App.

The App:

Curia App developed and marketed by Innoplexus is used to provide information to cancer patients and their caretakers. Curia App is a result of a mission to support cancer patients who were asking for help to find the right information about their options during their journey. Curia App will be a pioneer in bringing current, accurate and relevant information to cancer patients.

It is important to note the following things about our Curia App:

1. Curia does not offer any healthcare services or medical advice.
2. Curia does not diagnose patients, nor is it intended to be used for self-diagnosis.
3. Curia does not replace a doctor, nor does it substitute the advice provided by a qualified healthcare professional.
4. Curia does not perform any medical procedures.
5. Curia does not sell or market any medicines or pharmaceutical drugs. 

A patient or user needs to understand that though our App may contain general information relating to various medical conditions specifically cancer, and its treatment, such information is provided only for information purposes and based on our algorithm which helps us in building a database of information which can be of great help to healthcare services providers. In case you are facing a health issue or illness, please contact a doctor for consultation as a personal examination is required for an accurate diagnosis and further treatment decisions. 

Any information received through Curia does not constitute an opinion, medical advice or treatment recommendation and therefore does not constitute any healthcare professional-patient relationship between you and Curia. If you or someone you know is experiencing a medical emergency, Curia recommends that you call a doctor or emergency services immediately. Placing any reliance on the information provided herein shall be solely at your own risk. 

App Installation and User Registration:

To register for the Curia app, the user must download the application from the relevant app store (App Store or Google Play) and go through the registration process by providing Innoplexus AG with information. This information can include the name, address, device information, email address, and phone number of the user. The user can use their Google account to access the registration for the Curia application. In such a case, it is assumed that the user has already accepted Google’s terms of use, according to which information can be transmitted to Google. After submitting all data, we will send you a confirmation that the registration process was successful.

When creating your account, you will need to use the email provided and confirm the creation of your account through the email that will be forwarded to you otherwise the account creation will be denied.

If you download and install Curia app, we create a UNIQUE INSTALLATION ID that is unique to you. If you delete Curia and reinstall it, a new UNIQUE INSTALLATION ID is created. This information is provided to developers so that they can understand the performance of their subscriptions. This is assigned so that a connection to the Innoplexus server can be established on the mobile device when CURIA is started to check whether the version of CURIA you are using is still up to date. CURIA can be updated to implement new features or to guarantee data security, among other things.

You have to register by stating your first and last name, email address and telephone number to use the free offer from CURIA. This creates a license agreement between Innoplexus and you and you get your personal user account.

Terms and conditions:

• This disclaimer governs your use of the App and you agree and accept the use of the services provided by the Company under these T&Cs and the Privacy Policy. If you disagree with any part of the disclaimer, you must not use the App. You further accept and acknowledge that the use of the information and services provided by the Company is at your sole risk.
•  You shall ensure that you will not indulge in any unlawful activities while using the service or asking us to violate any police and/or government rules for any purpose whatsoever. We have a right to refuse such a request made by you.
• Such prohibited unlawful activity shall include the below acts which are prohibited for a user of Curia:
  
  1. infringement, disregard, abuse or infringement of patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights of third parties or rights of the public or private sphere;
  2. Violation or encouragement to violate any applicable law or regulation that would give rise to civil liability;
  3. fraudulent, false, misleading or deceptive acts;
  4. slanderous, obscene, pornographic, vulgar or offensive acts;
  5. Engage in activities that promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. Engage in activities that are violent, threatening, or encourage violence or acts that threaten any person or organization;
  7. Engage in activities that promote illegal or harmful activities or substances;
  8. access, manipulate or use non-public areas of the app, the computer systems of Innoplexus or the technical delivery systems of the providers of Innoplexus;
  9. attempt to access or browse the Services or download content from the App by using any other machine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, Data mining tools or similar) as the software provided by Innoplexus or search agents or other generally available web browsers from third-party providers;
  10. Send unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;
  11. to use the application for commercial purposes or the benefit of third parties or in a manner not permitted by these terms and conditions;
  12. forging a TCP / IP packet header or part of the header information in an e-mail or newsgroup posting or using the services in any way to alter, misleading or incorrect information to identify the source to ship;
  13. attempt to decrypt, decompile, disassemble, or reverse engineer the software used to provide the application;
  14. interfere with, or attempt to interfere with, any user, host, or network access including, but not limited to, sending a virus, overloading, flooding, spamming, or mail bombarding the Application;
  15. to collect or save personal data from the services without the express permission of other users of the app;
  16. to simulate or misrepresent their affiliation with a natural or legal person; or
  17. Encourage or enable another person to perform one of the above acts.
• You agree and acknowledge that the use of the information and services offered by Curia is at your sole risk and that Curia disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
• The Company will not be liable to you in respect of any losses arising out of a force majeure event. Further, you acknowledge that Company will not be liable to you in respect of any business losses, loss of or damage to health, personal wellbeing, profits, income, revenue, or anticipated savings, use or production. You also accept and acknowledge that Company will not be liable to you in respect of any loss of business, contracts, commercial opportunities or goodwill. Company disclaims all liability and responsibility for and you accept and acknowledge that Company shall not be liable to you in respect of any loss or corruption of any data, database or software or any special, indirect or consequential loss or damage. Company will not be liable for any damages of any kind arising from the use of the service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
• The company shall be entitled to terminate your request for services at any time without giving any reason.
• If you have any complaint in respect of the services, you must inform us of the same in writing within 24 hours of using the services.
• You agree to indemnify and keep harmless Company from any conduct of third parties and accept and acknowledge that Company shall not be responsible or liable to the said conduct or any consequences thereof.
•   Systematic retrieval of Company content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the content for any purpose not expressly permitted by Company in these Terms is prohibited and may invite legal action.

Proprietary Rights

All materials on Company Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Company. You acknowledge and agree that all content on Company Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Platforms, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Company. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the material for any purpose other than its intended purposes is strictly prohibited.

Intellectual Property Rights

• All the content is the exclusive copyright of the Company or its licensors, except the third party content and link to the third party website. Content provided on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Company. You agree to not violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights of the Company, including, without limitation, using the word “Company” or the logos in any business name, email, or URL except as provided. You further agree and acknowledge that you shall not post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by the Company.

• The company is the sole owner of the App and all software created to provide you with the services. The company provides you with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and exclusive. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Acceptance of Terms

• These Terms shall remain in full force and effect for so long as it is posted on any of the platforms of Company. 
• The company may change the said Terms from time to time, and you accept and acknowledge that it shall be your sole responsibility to keep yourself updated about the same.

Disclaimer of Warranties and Liabilities

• Neither Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this App is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this App meet your specific requirements.
• All the materials and products on Curia, (including but not limited to software) and services, included on or otherwise made available to you through Company Platforms are provided on “AS IS” and “AS AVAILABLE” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, Company does not warrant that the App and services provided pursuant thereto will be constantly available, or available at all.
• The company will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App, or any link posted on it, or the downloading of any material posted on it.
• Subject to applicable laws, in no event will Company or its employees or its agents aggregate liability arising from or related to the services, and shall not exceed the payments received and retained by Company from you as service fees for the services rendered for any causes of action brought by you or your agents.

Indemnity

You agree to defend, indemnify and hold harmless Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from your use of and access to the Platforms of Company, your violation of the present Terms and the consequences thereof. This indemnification obligation will survive the termination of your account or use of services.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

Waiver and Severability of Terms

If any provision of the Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted, and the other provisions of these Terms shall remain in full force and effect. No waiver of any provision of the download agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision

Governing Law and Venue

All the Terms and Conditions so enumerated above are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Pune.

I Agree:

By downloading and installing the App, continuing to use the App and by clicking on “I Agree”, you indicate that you have read and agree to the Terms and Conditions stated herein and the Privacy Policy (Click Here). You acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.