Cancellation and Refund Policy
This Cancellation and Refund Policy (“Policy”) is published in compliance with the provisions of the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Arbitration and Conciliation Act, 1996, together with all allied rules, regulations and amendments thereto, as applicable and in force in India.
This Policy shall be read in conjunction with the Terms of Use of NEXTBIG HEALTHCARE PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, operating under the brand name “inticure” (hereinafter referred to as the “Company”). By booking or availing any consultation, package, or related service (“Service”) through the Company’s platform (“Platform”), You (the “User” or “Patient”) hereby expressly acknowledge, agree, and undertake to be bound by the terms and conditions of this Policy.
1. General Principles
1.1. All Consultations facilitated through the Platform are strictly prepaid and chargeable. The Company does not, under any circumstances, provide free Consultations.
1.2. All cancellations, refunds, reschedules, and credits shall be exclusively governed by the provisions of this Policy. No User shall be entitled to claim, demand, or receive any benefit, refund, or reschedule outside the scope expressly set out herein.
2. Cancellation by Patients
2.1. If a Patient cancels a scheduled appointment, the following rules shall apply:
- (a) Cancellation more than seventy-two (72) hours prior to the scheduled appointment: 100% refund.
- (b) Cancellation between twenty-four (24) and seventy-two (72) hours prior: 50% refund.
- (c) Cancellation within twenty-four (24) hours prior: No refund.
2.2. A Consultation may be rescheduled up to six (6) hours prior to the scheduled appointment, subject to the availability of the Practitioner. Each Consultation may be rescheduled only once.
2.3. Once rescheduled, a Consultation shall not be eligible for cancellation or refund under any circumstances.
3. Cancellation or No-Show by Practitioners
3.1. If a Practitioner cancels a Consultation, or fails to join within fifteen (15) minutes of the scheduled appointment, the Patient shall be entitled only to a rescheduled Consultation with the same Practitioner or with another Practitioner of equivalent expertise, at no additional cost to the Patient.
3.2. For the avoidance of doubt, the Patient shall not, in such circumstances, be entitled to any monetary refund, credit, or adjustment of fees.
4. No-Show by Patients
4.1. Where a Patient fails to join a Consultation within fifteen (15) minutes of the scheduled appointment, such Consultation shall be deemed a “No-Show” and treated as completed.
4.2. No refund or reschedule shall be provided in the case of a No-Show.
4.3. In the case of package-based Services, a No-Show shall be deemed to constitute one (1) utilised session.
5. Packages
5.1. Users may purchase prepaid packages of three (3), six (6), nine (9), or twelve (12) sessions (“Packages”).
5.2. Validity: Packages shall have a fixed validity period as follows: three (3) sessions – three (3) months; six (6) sessions – six (6) months; nine (9) sessions – nine (9) months; twelve (12) sessions – twelve (12) months. Other similar packages will work exactly as stated above. Any unused sessions shall automatically and irrevocably lapse upon expiry and shall not be carried forward or refunded.
5.3. Non-Refundability and Rationale: Packages are strictly non-refundable under all circumstances. This policy is in place to encourage therapeutic adherence, which is critical for clinical outcomes, and to cover the administrative and scheduling costs committed by the Company and the Practitioner at the time of purchase.
5.4. Good Faith Discretion: Notwithstanding the foregoing, the Company may, in its sole and absolute discretion, consider granting a partial refund, credit, or reschedule in exceptional, verifiable circumstances (e.g., a documented medical emergency preventing the User from continuing the sessions). Any such consideration shall be on a case-by-case basis and shall not create any right or precedent.
5.5. The Company reserves the right, in its sole and absolute discretion, to assign an alternate Practitioner to any session forming part of a Package.
6. Interruptions and Force Majeure
6.1. If a Consultation is disrupted due to technical or power failure attributable to the Practitioner, such Consultation shall be rescheduled for the Patient at no additional cost.
6.2. If a Consultation is disrupted due to technical or power failure attributable to the Patient, the Company may, at its sole discretion, offer to reschedule such Consultation; provided however, the Company shall be under no obligation to do so.
6.3. If a Consultation is disrupted due to external factors, including events of force majeure, beyond the reasonable control of both Practitioner and Patient, the Company shall have sole discretion to determine whether such Consultation shall be rescheduled, and such determination shall be final, binding, and conclusive. Force majeure includes cyber attacks, data breaches, government restrictions on telehealth services, and pandemic-related lockdowns affecting service delivery.
7. Procedure for Refunds
7.1. Refunds, where expressly permitted under this Policy, shall be processed within seven (7) to ten (10) business days from the date of approval by the Company.
7.2. Refunds shall be remitted only to the original mode of payment, net of all transaction charges, payment gateway fees, and other applicable costs or deductions.
7.3. Refund requests must be submitted by the Patient via email to wecare@inticure.com, clearly stating the reason for the request, together with the registered email ID and/or mobile/WhatsApp number associated with the booking. Any request containing incomplete, inaccurate or fraudulent details shall be liable to summary rejection.
8. Prohibition on Chargebacks
8.1. The User acknowledges and agrees that this Policy provides the exclusive mechanism for all refunds, reschedules, and credits.
8.2. The User hereby irrevocably waives any right to initiate, request, or process any chargeback, reversal, or dispute through banks, credit card issuers, payment gateways, or financial institutions, except strictly in accordance with this Policy. Any attempt to do so shall be a material breach of the Terms of Use.
9. Limited Liability
9.1. The Company is a technology facilitator only and does not, in any manner whatsoever, provide medical consultation or healthcare services.
9.2. Under no circumstances shall the Company be liable for any direct, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to loss of profits, goodwill, business opportunity or data, arising from or in relation to cancellations, refunds, or Consultations.
9.3. Notwithstanding anything contained herein, the aggregate liability of the Company shall, in all cases, be limited to and shall not exceed the Consultation Fee actually collected by the Company from the Patient for the disputed Consultation.
10. Dispute Resolution
10.1. The Parties shall first attempt to resolve any dispute, controversy, or claim arising out of or in connection with this Privacy Policy, including its validity, breach, termination, or interpretation (“Dispute”) amicably through negotiation within fifteen (15) days of a notice of dispute.
10.2. Failing such resolution, the Dispute shall be referred to and finally resolved by arbitration under the MCIA Rules. Arbitration shall be conducted by a sole arbitrator in Bangalore, India, in English. The award shall be final and binding. The costs of arbitration shall be borne by the Party initiating the Dispute, subject to the arbitrator’s final award.
10.3. The Parties irrevocably waive any right to participate in a class action.
10.4. Maximum Aggregate Liability: The Company’s total liability under all claims shall not exceed ₹1,00,000 (One Lakh Rupees) or the total fees paid by the User in the preceding 12 months, whichever is lower.
11. Governing Law and Jurisdiction
11.1. This Policy shall be governed by, and construed in accordance with, the laws of India.
11.2. Subject to Clause 10 above, the courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over any dispute, controversy, or claim arising hereunder.