General Terms Of Use - For Indian Users
Updated on 14th August
2020
Welcome to Wellthy Care (the
“Platform”). This Platform and its suite of products
and services is owned and operated by Wellthy Therapeutics Private Limited, having its registered office
at 20, Nagin Mahal, 5th Floor, 82, Veer Nariman Road, Church Gate, Mumbai - 400020 (hereinafter referred
to as the “Company” or “us” or “we”, which
expression shall mean and include its officers, successors and permitted assigns). The Company is
engaged in the business providing a variety of services, through a combination of artificial
intelligence and health coaches in the context of health and lifestyle modifications including human
coaching support, structured content support, chatbot coaching support, medication reminders and other
related services which may be specified by the Company from time to time (“Services”). The Services may be provided by the Company
through the Platform, and its suite of products and services, as may be identified by the Company from
time to time.
- Applicability and Amendment of Terms
- These terms and conditions of use (“Terms of
Use”) and the privacy
policy apply to all visitors and users (“users” or “you”) of
Services provided by the Company through the Platform. We request you to carefully go through these
Terms of Use and the Privacy Policy before you decide to use the Services made available on the Platform.
These Terms of Use and the Privacy Policy, together constitute a legal agreement
(“Agreement”) between you and the
Company in connection with your use of the Services through the Platform. The above-mentioned
constituents of the Agreement shall at all times, be read together and shall be deemed to be
incorporated herein by reference.
- Your use of the Services or the Platform will signify your acceptance of the
Agreement and your agreement to be legally bound by the same. If you do not agree to, or wish to, be
bound by the terms of the Agreement, you may not access or otherwise avail of the Services or use
the Platform.
- We reserve the right to modify or terminate any portion of the Platform, or
the Services offered by the Company or amend the Terms of Use for any reason, without notice and
without liability to you or any third party. To make sure you are aware of any changes, please
review the Agreement periodically. The Company may require you to provide your consent to the
Agreement, as updated, in a specified manner before any further use of the Platform, and the
Services. If no such separate consent is sought, your continued availing of the Services or use of
the Platform will constitute your acceptance of such changes.
- Nothing in the Agreement should be construed to confer any rights to
third party beneficiaries.
- Registration and Access
- If you wish to avail the Services, you will have to register on the Platform
and become a registered user. By registering on the Platform, you agree that you are appointing the
Company to provide the Services to you on the terms of the Agreement and any other terms as may be
notified to you from time to time. To register on the Platform, you will have to provide certain
information such as your name, age, height, weight, occupation, name of your doctor, hospital or
other healthcare provider, location, data relating to your diet, activity levels, exercise, medical
reports (if any), medical history, disease type, mobile number, email ID, name of a primary
caregiver, contact details of the primary caregiver and password in relation to the Services. You
will also have the option to upload any prescription from your Provider on the Platform. All
prescriptions uploaded on the Platform will need to be in English and in machine readable format.
You may also provide any other additional information on the Platform as may be relevant to you.
Please note that providing additional information beyond what is required at registration is
entirely optional and can be altered or removed by you at any time. However, please note that the
experience and ability of the Platform in assisting you to manage your health is limited to the
accuracy and completeness of the information shared by you on the Platform. We assume that any
information provided by you relating to a primary caregiver has been provided after obtaining due
consent of such primary caregiver.
- You shall have the ability to review any of the information provided by you
at the time of registration. In case of any change in the information provided at the time of
registration, you will be required to intimate us immediately. Until you specifically notify us of
the change in your information, the information provided by you at the time of registration will be
deemed to be current.
- Registration is only a one-time process and if you have previously
registered on the Platform, you may login into your account using the same credentials as provided
by you during the registration process.
- Upon registration on the Platform, you hereby authorize our executives to reach out to
you by way of email or telephone (“Onboarding”) for the purpose of providing training on the various features of the Platform
and the nature of Services available under the Platform. You hereby agree to participate in the
Onboarding process. Any usage by you of the Platform after the Onboarding process signifies that you
understand the Platform and its features.
- When you avail of the Services or use the Platform, you are responsible for
maintaining the confidentiality of your account and password and for restricting access to your
computer or mobile or other similar devices to prevent unauthorized access to your account. We
request you to safeguard your password and your account and make sure that others do not have access
to it. It is your responsibility to keep your account information current and accurate. You agree to
(a) ensure that you exit from your account at the end of each session, and (b) immediately notify
the Company of any unauthorized use of your account information or any other breach of security. The
Company cannot, and will not, be liable for any loss or damage arising from your failure to comply
with these conditions. You may be held liable for losses incurred by the Company or any other user
of or visitor to the Platform due to authorized or unauthorized use of your account as a result of
your failure to keep your account information secure and confidential.
- We recommend that you contact your Provider before using the Platform or
availing the Services. Specifically, in the event that you have been diagnosed with a chronic
disease or health condition, you hereby represent that you have obtained the express approval of a
Provider for using the Platform or availing the Services.
- We reserve the right to refuse access to the Platform, to terminate
accounts, remove or edit content at our discretion.
- We will try to make the Platform error-free. Your access to the Platform may
be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of
new facilities or services. However, we do not take responsibility for internet related issues at
your end.
-
Notwithstanding anything else to the contrary contained in the General Terms of Use or in the
Privacy Policy or in any sales or information materials, due to the vagaries that can occur in the
electronic distribution of information and due to the limitations inherent in the use of the
internet and other electronic communications, the access and use of the Platform may be subject to
limitations, delays, omissions and such other problems incidental thereto.
-
Notwithstanding anything else to the contrary contained in the General Terms of Use or in the
Privacy Policy or in any sales or information materials, the access and use of the Platform is
provided on an "as is" basis, and any implied warranty of merchantability, purpose, quality,
accuracy, title, fitness for a particular purpose, or non-infringement of third-party rights are
hereby disclaimed to the full extent permitted by Applicable Law by the Company. It is hereby
clarified that the Company does not warrant against interference with the use of the Platform. The
Company does not warrant that the Platform is error-free or that operation of the Platform will be
secure or uninterrupted. The Platform exercises no control over and expressly disclaims any
liability arising out of or based upon the use of the Platform.
- User Submissions
- User Profiles: The Company may, at its sole discretion, provide
functionality on the Platform to permit you to create a user profile page on which you may provide
information about yourself, including, without limitation, your name, age, gender, email address,
telephone number, medical history, symptoms, treatments, Customized Therapy, and any other details
as may be deemed relevant by you (“User
Submissions”). You may also upload pictures, videos and stories to your profile
page as part of the User Submissions. User Submissions are typically displayed to various persons
(including other users of the Platform, Company administrators, Company moderators, Health Coaches
and primary caregivers). However, the user profile shall not publicly display details of the email
addresses or telephone number, unless the user opts to share such information by
“connecting” with another user via a shared group membership, or an invitation, or if
the user has chosen to publicly display their email address in their profile.
- Communication in response to User Submissions: As part of the Services, you may receive
from us communication relating to your User Submissions in the form of messages, SMS, email and
other digital and physical formats. You acknowledge and agree that by posting such User Submissions,
we may send you communications that are relevant to your User Submissions in any format that we may
determine.
- No Medical Advice
- The Services do not include the provision of any medical advice or treatment by
Company, rather, the Services enable registered Users to access digital content and health coaching
tools and resources, including access to certified individuals who have been onboarded by the
Company to assist you in using the Platform (a “Health
Coach”) who may provide you with limited support.
- The Company does not employ or contract with any doctors, hospitals or
healthcare providers to provide medical care to you – the Company’s Health Coaches are
certified nutritionists, dieticians or disease educators and are not physicians or doctors.
- The Company is a private limited company which is engaged in the business of
operating a software application for providing specific services to its users. The Company is not a
medical institution, healthcare institution, or pharmaceutical company.
- While the Services provide information, the Company cannot and does not
diagnose your health conditions or otherwise provide you with any medical advice or treatment. Any
content provided or accessed through the Services, including but not limited to information provided
by our personnel, is for informational purposes only. This content should not be used during a
medical emergency or for the diagnosis or treatment of any medical condition. Always consult a
physician or other qualified health care provider for personal medical attention and advice, if you
have any questions about a medical condition or before taking any drug, changing your diet or
commencing or discontinuing any course of treatment. Do not use the Services as a substitute for
consulting with your physician or other healthcare provider, and do not ignore or delay obtaining
professional medical advice because of information or content accessed through the services.
- The Services are not intended to be and do not constitute a substitute for
professional medical advice, diagnosis, or treatment and are offered for informational purposes
only. Always seek the advice of your physician or other qualified health provider with any questions
regarding your medical condition or the use (or frequency) of any medication or Medical Device.
Never disregard professional medical advice or delay in seeking it because of any information
received in connection with our Services. To the extent you receive medical care in conjunction with
or consequent to the Services, your treating medical professional is responsible for obtaining your
informed consent to any medical diagnosis or treatment, including without limitation, your consent
to use telemedicine in the course of your treatment to the extent such consent is required by
applicable law. This diagnosis or treatment is separate from and unrelated to the Services provided
by Company. Company does not represent or warrant that the Services or any particular drug or
treatment is safe, appropriate, or effective for you. Company is not responsible or liable for any
advice, course of treatment, diagnosis or any other information, services or products that you may
obtain in connection with or as a result of using the Services.
- The Company does not make any guarantees relating to the outcomes based on
any information, or advice provided by the Health Coach, or any other Services provided by the
Company. While the Platform is intended to assist you to undertake a positive lifestyle change, the
Company cannot guarantee the management, cure, or treatment of any disease, condition or ailment
based on the Information provided on the Platform.
- Therapy Areas: The Services and the Platform are
primarily intended to help users manage hypertension, diabetes and chronic kidney
disease(“Comorbidities”). At the time of
registration, you will be required to provide complete details relating to the specific Comorbidity
relevant to your health. Upon receipt of details relating to the Comorbidity, the Platform shall
customize a therapy (“Customized Therapy”) for your needs, based on the type of Comorbidity, gradient of the Comorbidity,
specific symptoms exhibited by you, your age, gender, medical history and other relevant factors.
While the Customized Therapy is specific to your Comorbidity, please note that results may vary
based on the specific issue faced by you, your medical history, and overall state of health. While
the Company shall make best efforts to provide a comprehensive Customized Therapy, we do not offer
guarantees on any outcomes. We suggest that you consult with your Provider before you avail any
Customized Therapy on the Platform.
- By participating in the program, you are giving consent to your health
coach to book an appointment with the doctor on your behalf.
- Your health coach may share your medical history with the doctor before
the consultation to ensure you get the right advice.
- Your health coach may share a copy of the digital prescription with you
after the consultation is complete and as they get it from the doctor.
- The Health Coach may collect only the necessary information from you for
booking a doctor's appointment and request your full support in sharing those details.
- In order to prevent unauthorized access or disclosure, we have put in
necessary technical and organizational measures to safeguard and secure the information we collect
and share with third-party doctors.
- Interaction on the Platform
- You understand and agree that the Company is not involved in the process of
selection of any doctors, hospitals, or healthcare provider (“Provider”) for your specific health concerns and medical
issues. You shall have the sole discretion and ability to interact with and engage any Provider. We
assume that any selection of a Provider by you has been based on the specific health concern you
face, and expertise of the Provider, and has been carried out by you after consideration of all
relevant circumstances. We advise you to perform your own investigation prior to selecting a
Provider. Please note that the Company (i) does not recommend or endorse any Providers; and (ii)
does not make any representations or warranties with respect to these Providers or the quality of
the healthcare services they may provide.
- We assume that any medical diagnosis by a Provider has been made by such
Provider accurately after taking into consideration the medical history, underlying medical
condition, and associated symptoms exhibited by you. We also assume that any medication provided by
such Provider have been prescribed after carrying a complete diagnosis of the patient, based on the
full diagnostic, medical and medication history, and after taking into consideration all associated
co-morbidities and complications thereof. Also, we presume that any medication prescribed by such
Provider has been deemed fit for use by you.
- You understand and agree that any interactions and associated issues with
any Provider during the course of the Service on the Platform including but not limited to your
health issues, medical history and your experiences is strictly between you and the Provider. You
shall not hold the Company responsible for any such interactions and associated issues. The Company
is not involved in providing any healthcare or medical advice or diagnosis and hence is not
responsible for any outcome between you and the Provider you interact with. If you decide to engage
with a certain Provider to provide medical services to you, you do so at your own risk. The Company
shall not be responsible for any breach of service or service deficiency by any Provider. Further,
the Company shall not be liable for any adverse event arising out of or resulting from any
diagnostic tests prescribed by such Provider, diagnosis, medication, or treatment by such
Provider.
- In the event that your usage of the Platform and the Services has been
recommended by your Provider as part of your treatment, we assume that any such recommendation by
the Provider has been based on the specific health concern you face, and has been carried out by the
Provider after consideration of all relevant circumstances. Any such recommendation of the Provider
is based on the expertise and discretion of such Provider. We assume that any such recommendation
made by the Provider for usage of the Platform and/ or Service has been made by the Provider after
(a) accurate diagnosis by such Provider of the specific health concern faced by you; (b) a
comprehensive analysis of your health condition and all associated co-morbidities and complications
thereof; and (c) examination of your full diagnostic, medical and medication history. Please note
that the Company does not provide any guarantees or warranties relating to achievement of any
specific results or outcomes in respect of any therapies suggested by the Providers.
- You understand that once you register as a User on the Platform, you will
receive SMS messages from us on your registered mobile number. These messages could relate to your
registration, any updates and promotions that are undertaken by us. Please note that we will send
these SMS messages only to the registered mobile number or such other number that you may designate
for any particular purpose.
- Health Coaches - No Doctor – Patient Relationship
- The Platform allows you to interact with Health Coaches, who may be
employees, contractors, consultants or partners, of the Company, who shall be accessible to you
through the Platform. Please note that the Health Coaches may provide you with content, text, data,
graphics, images, information, suggestions, guidance, and other material relating to diet,
lifestyle, exercise, or diseases (collectively, “Information”) as may be requested by you, or relevant to
you, as part of the Services. The provision of such Information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any particular condition, but is only provided to
facilitate better lifestyle choices, and encourage a behavioral change.
- The Health Coaches engaged by the Company are nutritionists, dieticians or
disease educators. The Health Coaches are not a substitute, or replacement for a doctor or a
healthcare professional. While the Health Coaches provide general guidance in respect of diet and
lifestyle choices, we would urge you to reach out to your Provider for any specific health related
concerns. The Health Coach will not be liable for providing any guidance, information or opinion
based on incomplete or incorrect information (including incomplete / incorrect medical history)
provided by you. The Health coaches will not be liable for any failure or delay in approaching a
Provider in respect of any health concerns.
- It is hereby expressly clarified that, the Information that you obtain or
receive from the Health Coaches, the Company, and its employees, contractors, partners, sponsors,
advertisers, licensors, users or otherwise on the Platform is for informational purposes only. We
make no guarantees, representations or warranties, whether expressed or implied, with respect to
professional qualifications, quality of work, expertise or other information provided on the
Platform. In no event shall we be liable to you or anyone else for any decision made or action taken
by you in reliance on such information.
- Interaction with other medical devices
- The Platform can be used by you for recording, analyzing and storing the
readings obtained by you through certain medical devices such as glucose meters, blood glucose
monitors, and wearable activity trackers (“Medical Devices”). If you connect the Platform to the Medical Device, the Platform shall proceed
to obtain, copy, record, and create and analyze the data recorded therein.
- Please note that the Company shall not be liable for any malfunctioning,
errors, defects, or incorrect readings, of the Medical Device. The Platform only downloads your data
from the Medical Device and is not involved in the manner in which the Medical Device provides
readings.
- The recording, analyzing or storing of information from the Medical Device
does not create a licensed medical professional/patient relationship, between the Company and you
and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular
condition, but is only provided to assist you with locating appropriate medical care from a
qualified practitioner.
- It is hereby expressly clarified that, the information that you obtain or
receive from the analysis of the data from the Medical Devices on the Platform is for informational
purposes only. We make no guarantees, representations or warranties, whether expressed or implied,
with respect to quality of the Medical Device, authenticity of readings, margin for error, or the
functioning of the Medical Device. In no event shall we be liable to you or anyone else for any
decision made or action taken by you in reliance on such information.
- If you so request, we may procure and provide to you, specific Medical
Devices as may be required by you. Please note however that we are not manufacturers of these
Medical Devices, and will not be liable for (a) any malfunctioning, errors, defects, or incorrect
readings, of the Medical Device, (b) ascertaining the sufficiency of such Medical Device for
carrying out the readings, or (c) ascertaining the appropriateness of the Medical Device or any
tests carried out using such Medical Device, for managing or testing your specific health concerns.
- Integration with other applications
- The Platform allows you to integrate your account with other applications
such as Google Fit and Apple Health etc.. If you decide to integrate your account with any external
application, you may be required to provide personal information to the third-party application as
part of such integration. If you access or submit personal information to any of those application,
such access and information will be governed by the terms of use and privacy policies of such third
party application and the Company disclaims all responsibility or liability with respect to the
terms, policies or the third party applications. The users are encouraged to carefully read the
terms and privacy policy of any third party application that they intend to integrate with the
Platform.
- Occurrence of adverse events
- Upon the occurrence of an Adverse Event (as defined hereinafter), you
hereby agree to promptly, and in any event, not later than 15 (Fifteen) days from the date of
occurrence of such Adverse Event, inform the Company of the occurrence of such Adverse Event, and
the nature of such Adverse Event. You hereby agree not to hold the Company responsible for any such
Adverse Events and associated issues.
- Upon the occurrence of an Adverse Event, you agree to promptly reach out to
a Provider. Please note that the Company is not a healthcare provider and cannot be held liable for
the occurrence of an Adverse Event or the treatment sought by you following such Adverse Event.
- The Company may, if you so request, provide information to relating to the
management of the Adverse Event. Provision of such information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any Adverse Event.
- For the purposes of these Terms of Use, the term “Adverse
Event” shall refer to any adverse health consequences, or adverse medical events, that occur
consequent to, or resulting out usage of any drug, medical device or as part of any therapy or
consultation that the user is currently on or has been on.
- Occurrence of Emergency Events
- The Platform and the Services are for non-emergency purposes only. Do not
attempt to access emergency care through the Platform or the Services. If at any time you are
concerned about your care or treatment, or if you think you have a medical emergency, please reach
out to the nearest Provider for assistance.
- The Services are not intended to support or carry emergency or
time-critical calls or communications to any type of hospital, law enforcement agency, medical care
unit, or any other kind of emergency or time-critical service.
- The Company is not, and shall not be treated as an emergency care provider at any point in time. In the event
of an emergency, the Company shall not, and will not be obligated to provide any emergency services,
including any medication, ambulance services, medical advice, etc. If Company becomes aware of or
contemplates an emergency, Company may, at its sole discretion, (a) inform the primary caregiver (as
identified by you) of the occurrence, or possibility of occurrence of such emergency, and/or (b)
intimate the Provider (as identified by you) of the occurrence, or possibility of occurrence of such
emergency.
- Please note that the Company is not a healthcare provider and cannot be
held liable for the occurrence of an emergency event or the treatment sought by you following such
emergency event. The Company shall not be responsible for any such emergency events and associated
issues.
- The Company may, if you so request, provide information relating to the
management of the emergency event. Provision of such information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any emergency event.
- Occurrence of a Significant Event
- Upon the occurrence of a Significant Event (as defined hereinafter), you hereby agree to promptly, and in
any event, not later than 15 (Fifteen) days from the date of occurrence of such Significant Event,
inform the Company of the occurrence of such Significant Event, and the nature of such Significant
Event.
- You hereby agree that the Company shall in no way be liable for the
occurrence of any such Significant Events or any losses incurred, injuries sustained and any
associated issues faced by you in relation to such event. You hereby agree and acknowledge that the
Company shall have no responsibility to assist you or undertake any specific action in relation to
such Significant Event.
- For the purposes of these Terms of Use, the term “Significant Event” shall refer to any unfavorable or
adverse consequences, or events, that occur as a result of, consequent to or relating to the use of
the Platform or the Services (except the Adverse Events and/ or any emergency events), and shall
include any events outside the scope of the Platform or the Services, including any force majeure
events, acts of god, and acts of third parties.
- Content of the Platform
- We grant you a limited license to access and make personal use of the
Platform. However, all information, content and material contained in the Platform is and continues
to be Company’s intellectual property. Further, all trademarks, services marks, trade names
and trade secrets are proprietary to the Company. No information, content or material from the
Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any
way without our express written permission. Any unauthorized use terminates the permission or
license granted by us in terms of the Agreement.
- You expressly understand and agree that:
- The information, content and material on the Platform and / or Service is
provided on an “as is” and “as available” basis. The Company and all its
subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties
of any kind, either express or implied, including but not limited to, implied warranties on
merchantability, fitness for a particular purpose and non-infringement;
- The Company does not warrant that (i) the functions contained in any
content, information and material on the Platform including, without limitation any third party
sites or services linked to the Platform and / or that the Service will be uninterrupted, timely or
error-free, (ii) the defects will be rectified, or that the Platform or the servers that make such
content, information and materials available are free of viruses or other harmful components;
- Any material downloaded or otherwise obtained through the Platform is
accessed at your own risk, and you will be solely responsible for any damage or loss of data that
results from such download to your computer system; and
- Company cannot and will not assure you that other users of the Platform are
or will be complying with the foregoing rules or any other provisions of these Terms of Use. As
between you and the Company, you hereby assume all risk of harm or injury resulting from any such
lack of compliance.
- Representations and Warranties by the Users
- By using the Platform, you represent and warrant that:
- You are 18 years of age or older and that your use of the Platform will not
violate any applicable law or regulation
- You are proficient in typing, reading and speaking in available
languages
- You are primary owner and interacting with a personal android or iOS
smartphone, with active app and data usage
- You have direct access to the smartphone for at least 12 hours per day
during normal waking hours
- All information provided on the Platform by you is true, factual and
accurate and you agree to maintain the accuracy of such
information.
- You do not fall into any or all of the following categories:
· Over the age of
75
|
· Diagnosed with
pre-eclampsia
|
· Diagnosed with
malignant hypertension (SBP >180 mmHg and/or DBP >120 mmHg)
|
· Pregnant,
lactating or planning a pregnancy in the next 6 months
|
· Diagnosed with
clinical depression, anxiety, or any psychiatric diseases
|
· Diagnosed with
cancer
|
· Any medical
condition/complication resulting in disabilities preventing the complete utilization of
the patient support program
|
· With limitation
in mobility due to physical disabilities, impaired vision, rheumatological, or
musculoskeletal disorders that can limit adherence to the exercise program
|
· With
inflammatory bowel disease, celiac disease and other gastrointestinal disorders that can
limit adherence to the nutrition program
|
For Diabetes:
|
· Diagnosed with
any other type of diabetes except Type II Diabetes
|
· Comorbidities
other than hypertension, dyslipidaemia, early stage chronic kidney disease (Stage
1-3a)
|
· Anticipated to
have a short life span of less than 2 years
|
· Patients who
have undergone any major surgery within last 6 months (excluding Day Care
Procedures)
|
· Patients with a
history of a cardiovascular event such as acute myocardial infarction/ stroke/
peripheral vascular disease in the last 1 year
|
· Patients with a
history of a stroke in the last 1 year
|
For Hypertension:
|
· Comorbidities
other than type 2 diabetes, dyslipidaemia, early stage chronic kidney disease (Stage
1-3a)
|
· Anticipated to
have a short life span of less than 2 years
|
· Patients who
have undergone any major surgery within last 6 months (excluding Day Care
Procedures)
|
· Patients with a
history of a cardiovascular event such as acute myocardial infarction/ stroke/
peripheral vascular disease in the last 1 year
|
· Patients with a
history of a stroke in the last 1 year
|
For Dysipidemia:
|
· Comorbidities
other than type 2 diabetes, hypertension, early stage chronic kidney disease (Stage
1-3a)
|
· Anticipated to
have a short life span of less than 2 years
|
· Patients who
have undergone any major surgery within last 6 months (excluding Day Care
Procedures)
|
· Patients with a
history of a cardiovascular event such as acute myocardial infarction/ stroke/
peripheral vascular disease in the last 1 year
|
· Patients with a
history of a stroke in the last 1 year
|
For CHF:
|
· Diagnosed as
New York Heart Association (NYHA) classification IV
|
· Comorbidities
other than type 2 diabetes, hypertension, early stage chronic kidney disease (Stage
1-3a), and dyslipidaemia
|
· Awaiting
revascularization, cardiac resynchronization, or heart transplant
|
- Conditions of Use
- You shall use the Platform for reasonable and lawful purposes only, and
shall not indulge in any activity that is not envisaged through the Platform.
- You covenant that you will not:
- modify any content of the Platform;
- decompile, reverse engineer or disassemble the content;
- use the Service in any way that is unlawful or harms the Company or any
other person or entity, as determined in Company’s sole discretion;
- make false or malicious statements against the Services or the Platform or
the Company;
- post, copy, submit, upload, distribute or otherwise transmit or make
available any software or other computer files that contain a virus or other harmful components, or
otherwise impair or damage the Platform and / or Services or any connected network, or otherwise
interfere with any person or entity's use or enjoyment of the Platform and / or the
Services;
- engage in any form of antisocial, disruptive or destructive acts, including
“flaming,” “spamming,” “flooding,” “trolling,” and
“griefing” as those terms are commonly understood and used on the
internet;
- post or upload any content that is libelous, defamatory, abusive,
threatening, harassing, hateful, offensive or otherwise violates any law or right of any third
party;
- delete or modify any content of the Platform and / or Services, including
but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark
symbols, logos, that you do not own or have express permission to modify; and
- host, display, upload, modify, publish, transmit, update or share any
information that:
- belongs to another person and to which the user does not have any
right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libellous, invasive of another's privacy, hateful, racially or
ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary
rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
- impersonates another person; or
- threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting any other
nation.
- Payment
- The Company may charge users a one-time fee for registration and use of the
Services provided on the Platform. Details of the actual fee charged by the Company shall be as set
out in the Platform. The Company may also use (a) a subscription fee model where the payment is
spread across the duration of the services; or (b) provide an equated monthly installment scheme for
usage of the Platform
- The Company may, at its sole discretion, be entitled to enter into specific
arrangements with certain corporate entities (“Enterprise
Clients”) to pay all or part of the registration fee in respect of its
clients, patients, employees, consultants or contractors. The Company shall, in such cases, enable
access to the specific clients, patients, employees, consultants or contractors identified by the
Enterprise Client to use its services. In the event that the Enterprise Client pays only part of the
registration fee in respect of a client, patient, employee, consultant or contractor, the respective
client, patient, employee, consultant or contractor shall be required to pay the remaining fee (as
set out in the Platform) for usage of the Platform and the Services.
- Upon payment of the registration fee, each of the users shall be entitled to
use the Platform and / or the Services for the actual tenure of the intervention, as specified in
the Platform.
- The Company reserves the right to charge a separate fee in respect of
different categories of users.
- The charges for the company’s Services may be different at different
points of time
- The Company reserves the right to change any or all parts of its payment
policy without liability to the user or any third-party. In the event that there is a change in the
payment policy of the Company, the Company will duly notify you of such changes through the
Platform.
- Irrespective of the payment mode, payment amount or payment split with the
Enterprise clients, the Terms and Conditions and the Privacy policy applies to all the users in all
respect for the use of the Platform and the Website for any purpose.
- In order to complete the payment of the registration fee, you may be re-directed to
www.wellthy.care (the
“Website”) for generation of an
activation code. You will be required to follow the specific steps to complete payment of the
registration fee as set out in the Platform and the Website.
- The Company through its partnerships or collaboration with Enterprise Clients may
generate access for Users through multiple offline or online channels, including being available on
the packets or in the packets of any medicine or medical device.
- Irrespective of the channel or the Enterprise Clients, the Company may allow use of the
Platform without any charges for a finite period of time, at initiation. Post completion of that
time period, the Users would be required to pay the specified amount to the Company through the
modes mentioned on the Platform, for continued use of the Platform and the Services.
- Users who have joined the Platform through the partnership with the Enterprise Clients,
would be provided relevant intimation along with adequate notice about the continuity of using the
Platform and the Services, in the event the partnership with the relevant Enterprise Client is
discontinued.
- Patient support programs/Patient education programs
- The Company may, from time to time, engage with certain pharmaceutical, medical device
manufacturing, insurance, re-insurance companies, public or private healthcare systems, private or
public corporations, associations, NGOs, wellness companies, pharmacies, diagnostic companies, other
healthcare service providers (“Partner
Organizations”). The Company may, under its agreement with such Partner
Organizations, provide access to the customers of such Partner Organizations to the Platform and the
Services (“Patient Support Programs/Patient Education
Programs”) on the terms and conditions agreed with such Partner
Organizations.
- Any usage of the Platform and/ or the Services by you pursuant to a Patient
Support Program with a Partner Organization shall be subject to the specific terms of our agreement
with such Partner Organization. Your usage of the Platform and/ or the Services pursuant to such
Patient Support Program assumes your acceptance of such terms.
- Please note that any information available to us in respect of the usage of
the Platform by you under a Patient Support Program/Patient Education Program may be shared by us
with the Partner Organizations on an identified or de-identified basis, based on the agreement
between the Company and such Partner Organizations. The medical records and clinical scores captured
during each interaction on any part of the platform or service can be used by us along with its
knowledge partner(s)/Partner Organizations at an aggregate level for analytical purposes, clinical
discussions and publishing scientific papers, etc. Your anonymized personal data may also be
combined with data from other sources using appropriate safeguards. This may be done by the Partner
Organizations and other collaborators in order to support publications, scientific research, product
development, medical diagnosis, preventive or occupational medicine, management or provision of
health or social care systems, services or treatment, Health Economic and Outcome Research (HEOR)
activities (i.e. price and reimbursement). However patient identity and personal information will be
protected and kept confidential at all times unless otherwise specified in the terms of our
agreement with the Partner Organisations. We may follow up with you post dropout at regular
intervals to gauge status of your wellbeing for a period of up to '6' months post stopping
the patient support program. We will utilize the information collected only for the purpose stated
in the terms and conditions and privacy policy and will not disclose the same to any other third
parties who are not authorized to receive such information, unless required by laws and regulations.
We will also take necessary steps to protect the personal information collected from the patients
and/or their authorized representatives, as per our privacy policy
You hereby provide express consent to such sharing of information with the
Partner Organizations.
- Safety, regulatory and adverse event reporting –
Communicating key safety and regulatory information from time to time, as
required under law
In case of a detected or reported adverse event, sharing treating physician
contact information with partner to enable it to seek further details on any adverse event reported by
the patients
To enable reporting of adverse events under the law (only anonymized data will
be shared)
- Links to Third Party Websites and advertisements
- The Company has the unfettered right to display advertisements on the
Platform or any websites operated by it.
- Further, the Platform may include links to other websites / applications,
including links to websites / applications of insurance companies, re-insurance companies,
pharmaceutical companies or companies which create medical devices, whose terms and privacy
practices may differ from those of the Company. Users are advised to use their discretion while
visiting such websites / applications, providing any personal information on such websites/
applications, or purchase of products or services on such websites / applications.
- The inclusion of a link does not imply any endorsement by the Company of the
third-party website, the website’s provider, the information on the third-party website, or
the quality of products or services provided on such websites. You hereby agree and acknowledge that
any access of such websites / applications shall be at your sole risk, and the Company shall not be
liable for any losses sustained by you in this regard.
- If the users access or submit personal information to any of those
websites, such access and information will be governed by the terms of use and privacy policies of
such third party websites and the Company disclaims all responsibility or liability with respect to
the terms, policies or the websites. The users are encouraged to carefully read the terms and
privacy policy of any website that they visit.
- The Company may, by way of an agreement with the third-party websites or
applications, have access to the data shared by the user to these websites or applications. The
usage would be limited to the specific purpose of providing the Services and shall be carried out
under a secure environment
- Indemnity
You hereby agree to indemnify, defend and hold the Company, the Company’s
agents, affiliates, representatives, authorized users, employees and assigns harmless from and against
any and all losses, damages, liabilities and costs arising from your use of the Platform or the Services
and / or the violation of the Agreement by you.
- Limitation of Liability
- You acknowledge and undertake that you are accessing the Services through
the Platform, transacting at your own risk and are using your best and prudent judgment before
entering into any transactions through the Platform.
- To the fullest extent permitted by law, under no circumstances will the
Company be liable to you or any other person or entity for any direct, indirect, incidental,
special, remote or consequential damages, including but not limited to damages for loss of profits,
goodwill, data or other intangible losses, resulting from any circumstances, including:
- the use or the inability to use the Services; or
- unauthorized access to or alteration of your transmissions or data;
or
- misinterpretation of the Information, or any other content provided on the
Platform; or
- negligence in reading, or lack of understanding of the terms and conditions
contained in these Terms of Use, the Privacy Policy, or any amendments thereto; or
- the unauthorized use of the Platform; or
- use of the Platform in a smartphone device that does not support normal
functioning of the Platform; or
- use of the Platform in an operating system that does not support normal
functioning of the Platform; or
- use of the Platform by you for a disease and/ or medical condition and/ or
physical condition which is unrelated to the disease type as identified by you at the time of
registration; or
- lack of disclosure, or incorrect disclosure by you, of any relevant
information which would alter the use of, or any Information provided through the Platform; or
- lack of disclosure, or incorrect disclosure by you, of any medical history
or pre-existing health conditions. For the purposes of this clause, the term “medical
history” shall mean a comprehensive personal record of the information relating to your
health, including information about allergies, childhood illnesses, adult illnesses, psychiatric
illnesses, accidents and injuries, surgeries, immunizations, results of physical exams and tests,
information about medicines taken and health habits, such as diet and exercise, smoking, alcohol and
recreational drug consumption, current and previous prescription – only medicine regimes,
current and recent over-the-counter regimes, and any other factors which may be relevant in
determining your overall state of health.
- side effects or adverse medical conditions resulting from misdiagnosis,
physician or paramedical consultation or advice outside of that given within the Platform; or
- consumption or non-consumption of over the counter and prescription
medicines by you, and any effects, side effects or adverse medical conditions arising thereof; or
- use of any medical device or service other than the Platform; or
- any other matter relating to the Platform and / or Services.
whether or not foreseeable, and whether or not the Company has been advised
of the possibility of such damages.
- We shall neither be liable nor responsible for any actions
or inactions of the Providers, Health Coaches (outside the scope of services provided via the
platform), or other users of the Platform, nor any breach of conditions, representations or
warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement
between you and the Providers, Health Coaches (outside the scope of services provided via the
platform), or other users of the Platform.
- Further, none of the directors, officers or employees of the Company shall
be personally liable for any action in connection with the Platform or the Services.
- The maximum liability of Company, its affiliates and its or their
directors, employees, agents, partners, suppliers, third party service providers, licensors or
content providers to you for any and all damages, losses and causes of action shall not exceed the
amount paid by you, if any, for accessing our Services.
- Refunds and Taxes
- All Services provided by the Company through the Platform are intended to
aid you in managing your health conditions. In the event that you are dissatisfied with the quality
of Services or the results obtained by use of the Platform, you may write to us at [helpdesk@wellthy.care] with the specific details of the
issue faced, the duration of use of the Platform and the Services, and a request for a refund of the
amounts paid by you for use of the Platform.
- The Company will, upon receipt of any such communication from you, if you
so desire, attempt to resolve the issue faced by you and/ or tailor the Customized Therapy to
address the specific issue.
- However, in the event that you require a refund, we will, within a period
of 90 days from the date of such request, refund the entire fee paid by you in respect of such
Customized Therapy. Please note that any such refund will be payable by the Company to you only if
(a) you have completed an “intervention” in relation to such Customized Therapy; and (b)
a claim has been made by you within a period of 30 (Thirty) days from the date of completion of the
intervention.
- Any amounts refunded by the Company shall be paid after deduction of
applicable taxes, bank charges and administrative charges.
- Please note that the refund policy outlined in these Terms of Use are not
applicable to the clients, patients, employees, consultants or contractors identified by an
Enterprise Client based on an agreement with the Company.
- Call Recording
- The Company reserves the right to record any telephonic conversations
between you and the Company, its affiliates and its or their directors, employees, agents, partners,
suppliers, third party service providers, licensors or content providers (including Health Coaches,
telesales executives, customer support, customer experience executives and onboarding executives).
You hereby agree that the Company will be permitted to record all telephonic conversations with you,
irrespective of whether you are intimated of such recording during the course of such telephonic
conversation.
- All telephonic conversations specified above will be recorded for audit
purposes, internal training, quality control purposes and to provide assistance in case of any
Adverse Event and emergency events.
- Termination
- In case of non-compliance with the Terms of Use or Privacy Policy or in the
event any other user reports violation of any of their rights as a result of your use of the
Services, the Company reserves the right to immediately
- suspend or terminate your access to the Platform with or without notice to
you; and
- to remove such non-compliant information from the Platform; and
- to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for
terminating your access to the Platform. Upon suspension or termination, your right to avail the
Services and access to the Platform will immediately cease and Company reserves the right to remove or
delete your information that is available, including but not limited to login, account information and
information posted by you.
You agree that the interpretation of this Agreement and the resolution of any
disputes arising under these Terms of Use shall be governed by the laws of India.
- Arbitration
Any dispute, claim or controversy arising out of or relating to
this notice or the breach, termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the
Services through the Platform or information to which it gives access, shall be determined by
arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the
Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of
such arbitration, including, without limitation, any awards, shall be in the English language. The award
shall be final and binding on the Parties.
- Force Majeure
The Company shall not be liable for any delays or failures in its performance
hereunder resulting from circumstances or causes beyond its reasonable control, including, without
limitation, force majeure acts of God, acts or threatened acts of terrorism, war or other violence, or
any law, order or requirement of any governmental agency or authority, cyberattacks, or any unforeseen
breach or failure of the Company’s computer systems or networks. In the event of such delay
or failure, the Company does not have any duty to perform related responsibilities, and also has the
right to cease providing the Services, suspend access to the Platform or carry out any other action as
may be required, as may be determined by it in its sole discretion.
- Privacy Policy
In addition to these Terms of Use, we have also published the Privacy Policy
which sets out the privacy practices of the Platform. The Privacy Policy has been published in
accordance with the provisions of the Information Technology Act, 2000 and the applicable rules made
thereunder. In accessing the Platform, and availing the Services provided herein, you confirm that you
have read, fully understand and accept the Privacy Policy. The personal information / data provided to
us by you during the course of usage of the Platform will be treated as strictly confidential and in
accordance with the Privacy Policy and applicable laws and regulations. If you object to your
information being transferred or used, please do not use the Platform.
- Newsletters And Communications
You hereby expressly agree to receive communications and newsletters from the
Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters
from the Company at any time by following the procedure set forth in the Platform.
- Grievance Officer
If you have any grievance with respect to the Platform or the Services, including
any discrepancies and grievances with respect to processing of information, you can contact our
Grievance Officer at:
Kaitik Shah
finance@wellthy.care
The Grievance Officer shall redress your grievances expeditiously, within 1 (one)
month from the date of receipt of grievance. Except where required by law, the Company cannot ensure a
response to questions or comments regarding topics unrelated to this policy or the Company's privacy
practices.
- Report Abuse
In the event you come across any abuse or violation of the Terms of Use or if you
become aware of any objectionable content on the Platform, please report to the Grievance Officer, whose
details are set out above. The Grievance Officer shall redress your grievances expeditiously, within 1
(one) month from the date of receipt of grievance.
- Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction or
arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from
these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision
were so excluded and shall be enforceable in accordance with its terms; provided however that, in such
event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent
with and permitted by applicable law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction or arbitral tribunal.
- Notices
All notices and other communications required or permitted hereunder to be given
to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or
mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger,
addressed to such Party’s address as set forth below or at such other address as the Party shall
have furnished to the other Party in writing in accordance with this provision:
If to the Company:
helpdesk@wellthy.care
If to you:
at the email address provided by you to us when you registered as a
user.
- Waiver
No term of these Terms of Use shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company
to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
- Electronic Record
This document is an electronic record in terms of the Information Technology Act,
2000 (“IT Act”) and the rules made
thereunder as may be applicable, and the amended provisions pertaining to electronic records in various
statutes as amended by the IT Act. This electronic record is generated by a computer system and does not
require any physical or digital signatures. This document is published in accordance with the provisions
of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy
policy and terms of use of the Platform.
- Complete Understanding
These Terms of Use contain the entire understanding of the Parties, and there are
no other written or oral understandings or promises between the Parties with respect to the subject
matter of these Terms of Use other than those contained or referenced in these Terms of Use. These Terms
of Use supersede any prior agreements or understandings entered into by the Company with respect to the
subject matter of these Terms of Use.
you have read these Terms of Use and agree to all of the provisions
contained above
General Terms Of Use - For Non Indian Users
Updated on 14th August
2020
Welcome to Wellthy Care (the
“Platform”). This Platform and its suite of products
and services is owned and operated by Wellthy Therapeutics Private Limited, having its registered office
at 20, Nagin Mahal, 5th Floor, 82, Veer Nariman Road, Church Gate, Mumbai - 400020 (hereinafter referred
to as the “Company” or “us” or “we”, which
expression shall mean and include its officers, successors and permitted assigns). The Company is
engaged in the business providing a variety of services, through a combination of artificial
intelligence and health coaches in the context of health and lifestyle modifications including human
coaching support, structured content support, chatbot coaching support, medication reminders and other
related services which may be specified by the Company from time to time (“Services”). The Services may be provided by the Company
through the Platform, and its suite of products and services, as may be identified by the Company from
time to time.
- Applicability and Amendment of Terms
- These terms and conditions of use (“Terms of
Use”) and the privacy policy
apply to all visitors and users (“users”
or “you”) of Services provided by the Company
through the Platform. We request you to carefully go through these Terms of Use and the Privacy
Policy before you decide to use the Services made available on the Platform. These Terms of Use
and the Privacy Policy, together constitute a legal agreement (“Agreement”) between you and the Company in connection with
your use of the Services through the Platform. The above-mentioned constituents of the Agreement
shall at all times, be read together and shall be deemed to be incorporated herein by
reference.
- Your use of the Services or the Platform will signify your acceptance of the
Agreement and your agreement to be legally bound by the same. If you do not agree to, or wish to, be
bound by the terms of the Agreement, you may not access or otherwise avail of the Services or use
the Platform.
- We reserve the right to modify or terminate any portion of the Platform, or
the Services offered by the Company or amend the Terms of Use for any reason, without notice and
without liability to you or any third party. To make sure you are aware of any changes, please
review the Agreement periodically. The Company may require you to provide your consent to the
Agreement, as updated, in a specified manner before any further use of the Platform, and the
Services. If no such separate consent is sought, your continued availing of the Services or use of
the Platform will constitute your acceptance of such changes.
- Nothing in the Agreement should be construed to confer any rights to
third party beneficiaries.
- Registration and Access
- If you wish to avail the Services, you will have to register on the Platform
and become a registered user. By registering on the Platform, you agree that you are appointing the
Company to provide the Services to you on the terms of the Agreement and any other terms as may be
notified to you from time to time. To register on the Platform, you will have to provide certain
information such as your name, age, height, weight, occupation, name of your doctor, hospital or
other healthcare provider, location, data relating to your diet, activity levels, exercise, medical
reports (if any), medical history, disease type, mobile number, email ID, name of a primary
caregiver, contact details of the primary caregiver and password in relation to the Services. You
will also have the option to upload any prescription from your Provider on the Platform. All
prescriptions uploaded on the Platform will need to be in English and in machine readable format.
You may also provide any other additional information on the Platform as may be relevant to you.
Please note that providing additional information beyond what is required at registration is
entirely optional and can be altered or removed by you at any time. However, please note that the
experience and ability of the Platform in assisting you to manage your health is limited to the
accuracy and completeness of the information shared by you on the Platform. We assume that any
information provided by you relating to a primary caregiver has been provided after obtaining due
consent of such primary caregiver.
- You shall have the ability to review any of the information provided by you
at the time of registration. In case of any change in the information provided at the time of
registration, you will be required to intimate us immediately. Until you specifically notify us of
the change in your information, the information provided by you at the time of registration will be
deemed to be current.
- Registration is only a one-time process and if you have previously
registered on the Platform, you may login into your account using the same credentials as provided
by you during the registration process.
- Upon registration on the Platform, you hereby authorize our executives to reach out to
you by way of email or telephone (“Onboarding”) for the purpose of providing training on the various features of the Platform
and the nature of Services available under the Platform. You hereby agree to participate in the
Onboarding process. Any usage by you of the Platform after the Onboarding process signifies that you
understand the Platform and its features.
- When you avail of the Services or use the Platform, you are responsible for
maintaining the confidentiality of your account and password and for restricting access to your
computer or mobile or other similar devices to prevent unauthorized access to your account. We
request you to safeguard your password and your account and make sure that others do not have access
to it. It is your responsibility to keep your account information current and accurate. You agree to
(a) ensure that you exit from your account at the end of each session, and (b) immediately notify
the Company of any unauthorized use of your account information or any other breach of security. The
Company cannot, and will not, be liable for any loss or damage arising from your failure to comply
with these conditions. You may be held liable for losses incurred by the Company or any other user
of or visitor to the Platform due to authorized or unauthorized use of your account as a result of
your failure to keep your account information secure and confidential.
- We recommend that you contact your Provider before using the Platform or
availing the Services. Specifically, in the event that you have been diagnosed with a chronic
disease or health condition, you hereby represent that you have obtained the express approval of a
Provider for using the Platform or availing the Services.
- We reserve the right to refuse access to the Platform, to terminate
accounts, remove or edit content at our discretion.
- We will try to make the Platform error-free. Your access to the Platform may
be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of
new facilities or services. However, we do not take responsibility for internet related issues at
your end.
- Notwithstanding anything else to the contrary contained in the General Terms
of Use or in the Privacy Policy or in any sales or information materials, due to the vagaries that
can occur in the electronic distribution of information and due to the limitations inherent in the
use of the internet and other electronic communications, the access and use of the Platform may be
subject to limitations, delays, omissions and such other problems incidental thereto.
- Notwithstanding anything else to the contrary contained in the General Terms
of Use or in the Privacy Policy or in any sales or information materials, the access and use of the
Platform is provided on an "as is" basis, and any implied warranty of merchantability, purpose,
quality, accuracy, title, fitness for a particular purpose, or non-infringement of third-party
rights are hereby disclaimed to the full extent permitted by Applicable Law by the Company. It is
hereby clarified that the Company does not warrant against interference with the use of the
Platform. The Company does not warrant that the Platform is error-free or that operation of the
Platform will be secure or uninterrupted. The Platform exercises no control over and expressly
disclaims any liability arising out of or based upon the use of the Platform.
- User Submissions
- User Profiles: The Company may, at its sole discretion,
provide functionality on the Platform to permit you to create a user profile page on which you may
provide information about yourself, including, without limitation, your name, age, gender, email
address, telephone number, medical history, symptoms, treatments, Customized Therapy, and any other
details as may be deemed relevant by you (“User
Submissions”). You may also upload pictures, videos and stories to your profile
page as part of the User Submissions. User Submissions are typically displayed to various persons
(including other users of the Platform, Company administrators, Company moderators, Health Coaches
and primary caregivers). However, the user profile shall not publicly display details of the email
addresses or telephone number, unless the user opts to share such information by
“connecting” with another user via a shared group membership, or an invitation, or if
the user has chosen to publicly display their email address in their profile.
- Communication in response to User Submissions: As part of the Services, you may receive
from us communication relating to your User Submissions in the form of messages, SMS, email and
other digital and physical formats. You acknowledge and agree that by posting such User Submissions,
we may send you communications that are relevant to your User Submissions in any format that we may
determine.
- No Medical Advice
- The Services do not include the provision of any medical advice or treatment by
Company, rather, the Services enable registered Users to access digital content and health coaching
tools and resources, including access to certified individuals who have been onboarded by the
Company to assist you in using the Platform (a “Health
Coach”) who may provide you with limited support.
- The Company does not employ or contract with any doctors, hospitals or
healthcare providers to provide medical care to you – the Company’s Health Coaches are
certified nutritionists, dieticians or disease educators and are not physicians or doctors.
- The Company is a private limited company which is engaged in the business of
operating a software application for providing specific services to its users. The Company is not a
medical institution, healthcare institution, or pharmaceutical company.
- While the Services provide information, the Company cannot and does not
diagnose your health conditions or otherwise provide you with any medical advice or treatment. Any
content provided or accessed through the Services, including but not limited to information provided
by our personnel, is for informational purposes only. This content should not be used during a
medical emergency or for the diagnosis or treatment of any medical condition. Always consult a
physician or other qualified health care provider for personal medical attention and advice, if you
have any questions about a medical condition or before taking any drug, changing your diet or
commencing or discontinuing any course of treatment. Do not use the Services as a substitute for
consulting with your physician or other healthcare provider, and do not ignore or delay obtaining
professional medical advice because of information or content accessed through the services.
- The Services are not intended to be and do not constitute a substitute for
professional medical advice, diagnosis, or treatment and are offered for informational purposes
only. Always seek the advice of your physician or other qualified health provider with any questions
regarding your medical condition or the use (or frequency) of any medication or Medical Device.
Never disregard professional medical advice or delay in seeking it because of any information
received in connection with our Services. To the extent you receive medical care in conjunction with
or consequent to the Services, your treating medical professional is responsible for obtaining your
informed consent to any medical diagnosis or treatment, including without limitation, your consent
to use telemedicine in the course of your treatment to the extent such consent is required by
applicable law. This diagnosis or treatment is separate from and unrelated to the Services provided
by Company. Company does not represent or warrant that the Services or any particular drug or
treatment is safe, appropriate, or effective for you. Company is not responsible or liable for any
advice, course of treatment, diagnosis or any other information, services or products that you may
obtain in connection with or as a result of using the Services.
- The Company does not make any guarantees relating to the outcomes based on
any information, or advice provided by the Health Coach, or any other Services provided by the
Company. While the Platform is intended to assist you to undertake a positive lifestyle change, the
Company cannot guarantee the management, cure, or treatment of any disease, condition or ailment
based on the Information provided on the Platform.
- Therapy Areas: The Services and the Platform are
primarily intended to help users manage hypertension, diabetes, chronic kidney disease,
dyslipidemia, clinical obesity and any other comorbidities (“Comorbidities”). At
the time of registration, you will be required to provide complete details relating to the specific
Comorbidity relevant to your health. Upon receipt of details relating to the Comorbidity, the
Platform shall customize a therapy (“Customized Therapy”) for your needs, based on the type of Comorbidity, gradient of the Comorbidity,
specific symptoms exhibited by you, your age, gender, medical history and other relevant factors.
While the Customized Therapy is specific to your Comorbidity, please note that results may vary
based on the specific issue faced by you, your medical history, and overall state of health. While
the Company shall make best efforts to provide a comprehensive Customized Therapy, we do not offer
guarantees on any outcomes. We suggest that you consult with your Provider before you avail any
Customized Therapy on the Platform.
- Interaction on the Platform
- You understand and agree that the Company is not involved in the process of
selection of any doctors, hospitals, or healthcare provider (“Provider”) for your specific health concerns and medical
issues. You shall have the sole discretion and ability to interact with and engage any Provider. We
assume that any selection of a Provider by you has been based on the specific health concern you
face, and expertise of the Provider, and has been carried out by you after consideration of all
relevant circumstances. We advise you to perform your own investigation prior to selecting a
Provider. Please note that the Company (i) does not recommend or endorse any Providers; and (ii)
does not make any representations or warranties with respect to these Providers or the quality of
the healthcare services they may provide.
- We assume that any medical diagnosis by a Provider has been made by such
Provider accurately after taking into consideration the medical history, underlying medical
condition, and associated symptoms exhibited by you. We also assume that any medication provided by
such Provider have been prescribed after carrying a complete diagnosis of the patient, based on the
full diagnostic, medical and medication history, and after taking into consideration all associated
co-morbidities and complications thereof. Also, we presume that any medication prescribed by such
Provider has been deemed fit for use by you.
- You understand and agree that any interactions and associated issues with
any Provider during the course of the Service on the Platform including but not limited to your
health issues, medical history and your experiences is strictly between you and the Provider. You
shall not hold the Company responsible for any such interactions and associated issues. The Company
is not involved in providing any healthcare or medical advice or diagnosis and hence is not
responsible for any outcome between you and the Provider you interact with. If you decide to engage
with a certain Provider to provide medical services to you, you do so at your own risk. The Company
shall not be responsible for any breach of service or service deficiency by any Provider. Further,
the Company shall not be liable for any adverse event arising out of or resulting from any
diagnostic tests prescribed by such Provider, diagnosis, medication, or treatment by such
Provider.
- In the event that your usage of the Platform and the Services has been
recommended by your Provider as part of your treatment, we assume that any such recommendation by
the Provider has been based on the specific health concern you face, and has been carried out by the
Provider after consideration of all relevant circumstances. Any such recommendation of the Provider
is based on the expertise and discretion of such Provider. We assume that any such recommendation
made by the Provider for usage of the Platform and/ or Service has been made by the Provider after
(a) accurate diagnosis by such Provider of the specific health concern faced by you; (b) a
comprehensive analysis of your health condition and all associated co-morbidities and complications
thereof; and (c) examination of your full diagnostic, medical and medication history. Please note
that the Company does not provide any guarantees or warranties relating to achievement of any
specific results or outcomes in respect of any therapies suggested by the Providers.
- You understand that once you register as a User on the Platform, you will
receive SMS messages from us on your registered mobile number. These messages could relate to your
registration, any updates and promotions that are undertaken by us. Please note that we will send
these SMS messages only to the registered mobile number or such other number that you may designate
for any particular purpose.
- Health Coaches - No Doctor – Patient Relationship
- The Platform allows you to interact with Health Coaches, who may be
employees, contractors, consultants or partners, of the Company, who shall be accessible to you
through the Platform. Please note that the Health Coaches may provide you with content, text, data,
graphics, images, information, suggestions, guidance, and other material relating to diet,
lifestyle, exercise, or diseases (collectively, “Information”) as may be requested by you, or relevant to
you, as part of the Services. The provision of such Information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any particular condition, but is only provided to
facilitate better lifestyle choices, and encourage a behavioral change.
- The Health Coaches engaged by the Company are certified nutritionists,
dieticians or disease educators. The Health Coaches are not a substitute, or replacement for a
doctor or a healthcare professional. While the Health Coaches provide general guidance in respect of
diet and lifestyle choices, we would urge you to reach out to your Provider for any specific health
related concerns. The Health Coach will not be liable for providing any guidance, information or
opinion based on incomplete or incorrect information (including incomplete / incorrect medical
history) provided by you. The Health coaches will not be liable for any failure or delay in
approaching a Provider in respect of any health concerns.
- It is hereby expressly clarified that, the Information that you obtain or
receive from the Health Coaches, the Company, and its employees, contractors, partners, sponsors,
advertisers, licensors, users or otherwise on the Platform is for informational purposes only. We
make no guarantees, representations or warranties, whether expressed or implied, with respect to
professional qualifications, quality of work, expertise or other information provided on the
Platform. In no event shall we be liable to you or anyone else for any decision made or action taken
by you in reliance on such information.
- Interaction with other medical devices
- The Platform can be used by you for recording, analyzing and storing the
readings obtained by you through certain medical devices such as glucose meters, blood glucose
monitors, and wearable activity trackers (“Medical Devices”). If you connect the Platform to the Medical Device, the Platform shall proceed
to obtain, copy, record, and create and analyze the data recorded therein.
- Please note that the Company shall not be liable for any malfunctioning,
errors, defects, or incorrect readings, of the Medical Device. The Platform only downloads your data
from the Medical Device and is not involved in the manner in which the Medical Device provides
readings.
- The recording, analyzing or storing of information from the Medical Device
does not create a licensed medical professional/patient relationship, between the Company and you
and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular
condition, but is only provided to assist you with locating appropriate medical care from a
qualified practitioner.
- It is hereby expressly clarified that, the information that you obtain or
receive from the analysis of the data from the Medical Devices on the Platform is for informational
purposes only. We make no guarantees, representations or warranties, whether expressed or implied,
with respect to quality of the Medical Device, authenticity of readings, margin for error, or the
functioning of the Medical Device. In no event shall we be liable to you or anyone else for any
decision made or action taken by you in reliance on such information.
- If you so request, we may procure and provide to you, specific Medical
Devices as may be required by you. Please note however that we are not manufacturers of these
Medical Devices, and will not be liable for (a) any malfunctioning, errors, defects, or incorrect
readings, of the Medical Device, (b) ascertaining the sufficiency of such Medical Device for
carrying out the readings, or (c) ascertaining the appropriateness of the Medical Device or any
tests carried out using such Medical Device, for managing or testing your specific health concerns.
- Integration with other applications
- The Platform allows you to integrate your account with other applications
such as Google Fit and Apple Health. If you decide to integrate your account with any external
application, you may be required to provide personal information to the third-party application as
part of such integration. If you access or submit personal information to any of those application,
such access and information will be governed by the terms of use and privacy policies of such third
party application and the Company disclaims all responsibility or liability with respect to the
terms, policies or the third party applications. The users are encouraged to carefully read the
terms and privacy policy of any third party application that they intend to integrate with the
Platform.
- Occurrence of adverse events
- Upon the occurrence of an Adverse Event (as defined hereinafter), you hereby
agree to promptly, and in any event, not later than 15 (Fifteen) days from the date of occurrence of
such Adverse Event, inform the Company of the occurrence of such Adverse Event, and the nature of
such Adverse Event. You hereby agree not to hold the Company responsible for any such Adverse Events
and associated issues.
- Upon the occurrence of an Adverse Event, you agree to promptly reach out to
a Provider. Please note that the Company is not a healthcare provider and cannot be held liable for
the occurrence of an Adverse Event or the treatment sought by you following such Adverse Event.
- The Company may, if you so request, provide information to relating to the
management of the Adverse Event. Provision of such information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any Adverse Event.
- For the purposes of these Terms of Use, the term “Adverse Event”
shall refer to any adverse health consequences, or adverse medical events, that occur consequent to,
or resulting out usage of any drug, medical device or as part of any therapy or consultation that
the user is currently on or has been on.
- Occurrence of Emergency Events
- The Platform and the Services are for non-emergency purposes only. Do not
attempt to access emergency care through the Platform or the Services. If at any time you are
concerned about your care or treatment, or if you think you have a medical emergency, please reach
out to the nearest Provider for assistance.
- The Services are not intended to support or carry emergency or time-critical
calls or communications to any type of hospital, law enforcement agency, medical care unit, or any
other kind of emergency or time-critical service.
- The Company is not, and shall not be treated as an emergency care provider at any point in time. In the
event of an emergency, the Company shall not, and will not be obligated to provide any emergency
services, including any medication, ambulance services, medical advice, etc. If Company becomes
aware of or contemplates an emergency, Company may, at its sole discretion, (a) inform the primary
caregiver (as identified by you) of the occurrence, or possibility of occurrence of such emergency,
and/or (b) intimate the Provider (as identified by you) of the occurrence, or possibility of
occurrence of such emergency.
- Please note that the Company is not a healthcare provider and cannot be held
liable for the occurrence of an emergency event or the treatment sought by you following such
emergency event. The Company shall not be responsible for any such emergency events and associated
issues.
- The Company may, if you so request, provide information relating to the
management of the emergency event. Provision of such information does not create a licensed medical
professional/patient relationship, between the Company and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any emergency event.
- Occurrence of a Significant Event
- Upon the occurrence of a Significant Event (as defined hereinafter), you hereby agree to promptly, and
in any event, not later than 15 (Fifteen) days from the date of occurrence of such Significant
Event, inform the Company of the occurrence of such Significant Event, and the nature of such
Significant Event.
- You hereby agree that the Company shall in no way be liable for the
occurrence of any such Significant Events or any losses incurred, injuries sustained and any
associated issues faced by you in relation to such event. You hereby agree and acknowledge that the
Company shall have no responsibility to assist you or undertake any specific action in relation to
such Significant Event.
- For the purposes of these Terms of Use, the term “Significant Event” shall refer to any unfavorable or
adverse consequences, or events, that occur as a result of, consequent to or relating to the use of
the Platform or the Services (except the Adverse Events and/ or any emergency events), and shall
include any events outside the scope of the Platform or the Services, including any force majeure
events, acts of god, and acts of third parties.
- Content of the Platform
- We grant you a limited license to access and make personal use of the
Platform. However, all information, content and material contained in the Platform is and continues
to be Company’s intellectual property. Further, all trademarks, services marks, trade names
and trade secrets are proprietary to the Company. No information, content or material from the
Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any
way without our express written permission. Any unauthorized use terminates the permission or
license granted by us in terms of the Agreement.
- You expressly understand and agree that:
- The information, content and material on the Platform and / or Service is
provided on an “as is” and “as available” basis. The Company and all its
subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties
of any kind, either express or implied, including but not limited to, implied warranties on
merchantability, fitness for a particular purpose and non-infringement;
- The Company does not warrant that (i) the functions contained in any
content, information and material on the Platform including, without limitation any third party
sites or services linked to the Platform and / or that the Service will be uninterrupted, timely or
error-free, (ii) the defects will be rectified, or that the Platform or the servers that make such
content, information and materials available are free of viruses or other harmful components;
- Any material downloaded or otherwise obtained through the Platform is
accessed at your own risk, and you will be solely responsible for any damage or loss of data that
results from such download to your computer system; and
- Company cannot and will not assure you that other users of the Platform are
or will be complying with the foregoing rules or any other provisions of these Terms of Use. As
between you and the Company, you hereby assume all risk of harm or injury resulting from any such
lack of compliance.
- Representations and Warranties by the Users
- By using the Platform, you represent and warrant that:
- You are 18 years of age or older and that your use of the Platform will not
violate any applicable law or regulation; and
- All information provided on the Platform by you is true, factual and
accurate and you agree to maintain the accuracy of such
information.
- Conditions of Use
- You shall use the Platform for reasonable and lawful purposes only, and
shall not indulge in any activity that is not envisaged through the Platform.
- You covenant that you will not:
- modify any content of the Platform;
- decompile, reverse engineer or disassemble the content;
- use the Service in any way that is unlawful or harms the Company or any
other person or entity, as determined in Company’s sole discretion;
- make false or malicious statements against the Services or the Platform or
the Company;
- post, copy, submit, upload, distribute or otherwise transmit or make
available any software or other computer files that contain a virus or other harmful components, or
otherwise impair or damage the Platform and / or Services or any connected network, or otherwise
interfere with any person or entity's use or enjoyment of the Platform and / or the
Services;
- engage in any form of antisocial, disruptive or destructive acts, including
“flaming,” “spamming,” “flooding,” “trolling,” and
“griefing” as those terms are commonly understood and used on the
internet;
- post or upload any content that is libelous, defamatory, abusive,
threatening, harassing, hateful, offensive or otherwise violates any law or right of any third
party;
- delete or modify any content of the Platform and / or Services, including
but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark
symbols, logos, that you do not own or have express permission to modify; and
- host, display, upload, modify, publish, transmit, update or share any
information that:
- belongs to another person and to which the user does not have any
right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libellous, invasive of another's privacy, hateful, racially or
ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary
rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
- impersonates another person; or
- threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting any other
nation.
- Payment
- The Company charges users a one-time fee for registration and use of the
Services provided on the Platform. Details of the actual fee charged by the Company shall be as set
out in the Platform. The Company may also use (a) a subscription fee model where the payment is
spread across the duration of the services; or (b) provide an equated monthly installment scheme for
usage of the Platform
- The Company may, at its sole discretion, be entitled to enter into specific
arrangements with certain corporate entities (“Enterprise
Clients”) to pay all or part of the registration fee in respect of its
clients, patients, employees, consultants or contractors. The Company shall, in such cases, enable
access to the specific clients, patients, employees, consultants or contractors identified by the
Enterprise Client to use its services. In the event that the Enterprise Client pays only part of the
registration fee in respect of a client, patient, employee, consultant or contractor, the respective
client, patient, employee, consultant or contractor shall be required to pay the remaining fee (as
set out in the Platform) for usage of the Platform and the Services.
- Upon payment of the registration fee, each of the users shall be entitled to
use the Platform and / or the Services for the actual tenure of the intervention, as specified in
the Platform.
- The Company reserves the right to charge a separate fee in respect of
different categories of users.
- The charges for the company’s Services may be different at different
points of time.
- The Company reserves the right to change any or all parts of its payment
policy without liability to the user or any third-party. In the event that there is a change in the
payment policy of the Company, the Company will duly notify you of such changes through the
Platform.
- Irrespective of the payment mode, payment amount or payment split with the
Enterprise clients, the Terms and Conditions and the Privacy policy applies to all the users in all
respect for the use of the Platform and the Website for any purpose.
- In order to complete the payment of the registration fee, you may be re-directed to
www.wellthy.com (the
“Website”) for generation of an
activation code. You will be required to follow the specific steps to complete payment of the
registration fee as set out in the Platform and the Website.
- The Company through its partnerships or collaboration with Enterprise Clients may
generate access for Users through multiple offline or online channels, including being available on
the packets or in the packets of any medicine or medical device.
- Irrespective of the channel or the Enterprise Clients, the Company may allow use of the
Platform without any charges for a finite period of time, at initiation. Post completion of that
time period, the Users would be required to pay the specified amount to the Company through the
modes mentioned on the Platform, for continued use of the Platform and the Services.
- Users who have joined the Platform through the partnership with the Enterprise Clients,
would be provided relevant intimation along with adequate notice about the continuity of using the
Platform and the Services, in the event the partnership with the relevant Enterprise Client is
discontinued.
- Patient support programs
- The Company may, from time to time, engage with certain pharmaceutical andmedical
device manufacturing companies for Patient Support Programs(“Partner
Companies”). The Company may, under its agreement with such Partner Companies,
provide access to the customers of such Partner Companies to the Platform and the Services
(“Patient Support Programs”) on the
terms and conditions agreed with such Partner Companies.
- Any usage of the Platform and/or the Services by you pursuant to a Patient
Support Program with a Partner Company shall be subject to the specific terms of our agreement with
such Partner Company. Your usage of the Platform and/ or the Services pursuant to such Patient
Support Program assumes your acceptance of such terms.
- Please note that any information available to us in respect of the usage of
the Platform by you under a Patient Support Program may be shared by us with the Partner Company on
an identified or de-identified basis, based on the agreement between the Company and such Partner
Company. You hereby provide express consent to such sharing of information with the Partner Company.
- The Company may from time to time, engage with certain insurance or
re-insurance companies as well and service the customers of such companies. This will not be under
the purview of ‘Patient Support Programs’ as explained herein.
- Links to Third Party Websites and advertisements
- The Company has the unfettered right to display advertisements on the
Platform or any websites operated by it.
- Further, the Platform may include links to other websites / applications,
including links to websites / applications of insurance companies, re-insurance companies,
pharmaceutical companies or companies which create medical devices, whose terms and privacy
practices may differ from those of the Company. Users are advised to use their discretion while
visiting such websites / applications, providing any personal information on such websites/
applications, or purchase of products or services on such websites / applications.
- The inclusion of a link does not imply any endorsement by the Company of the
third-party website, the website’s provider, the information on the third-party website, or
the quality of products or services provided on such websites. You hereby agree and acknowledge that
any access of such websites / applications shall be at your sole risk, and the Company shall not be
liable for any losses sustained by you in this regard.
- If the users access or submit personal information to any of those
websites, such access and information will be governed by the terms of use and privacy policies of
such third party websites and the Company disclaims all responsibility or liability with respect to
the terms, policies or the websites. The users are encouraged to carefully read the terms and
privacy policy of any website that they visit.
- The Company may, by way of an agreement with the third-party websites or
applications, have access to the data shared by the user to these websites or applications. The
usage would be limited to the specific purpose of providing the Services and shall be carried out
under a secure environment
- Indemnity
The Company hereby agree to indemnify, defend and hold you harmless from and
against any and all losses, damages, liabilities and costs incurred by you arising out of or connected
with any act or omission by the Company in providing the Platform or the Services.negiligence, default,
misconduct, or breach of the Agreement and / or any unauthorized use / or disclosure of your personal
information.
- Limitation of Liability
- You acknowledge and undertake that you are accessing the Services through
the Platform, transacting at your own risk and are using your best and prudent judgment before
entering into any transactions through the Platform.
- To the fullest extent permitted by law, under no circumstances will the
Company be liable to you or any other person or entity for any direct, indirect, incidental,
special, remote or consequential damages, including but not limited to damages for loss of profits,
goodwill, data or other intangible losses, resulting from any circumstances, including:
- the use or the inability to use the Services; or
- unauthorized access to or alteration of your transmissions or data;
or
- misinterpretation of the Information, or any other content provided on the
Platform; or
- negligence in reading, or lack of understanding of the terms and conditions
contained in these Terms of Use, the Privacy Policy, or any amendments thereto; or
- the unauthorized use of the Platform; or
- use of the Platform in a smartphone device that does not support normal
functioning of the Platform; or
- use of the Platform in an operating system that does not support normal
functioning of the Platform; or
- use of the Platform by you for a disease and/ or medical condition and/ or
physical condition which is unrelated to the disease type as identified by you at the time of
registration; or
- lack of disclosure, or incorrect disclosure by you, of any relevant
information which would alter the use of, or any Information provided through the Platform; or
- lack of disclosure, or incorrect disclosure by you, of any medical history
or pre-existing health conditions. For the purposes of this clause, the term “medical
history” shall mean a comprehensive personal record of the information relating to your
health, including information about allergies, childhood illnesses, adult illnesses, psychiatric
illnesses, accidents and injuries, surgeries, immunizations, results of physical exams and tests,
information about medicines taken and health habits, such as diet and exercise, smoking, alcohol and
recreational drug consumption, current and previous prescription – only medicine regimes,
current and recent over-the-counter regimes, and any other factors which may be relevant in
determining your overall state of health.
- side effects or adverse medical conditions resulting from misdiagnosis,
physician or paramedical consultation or advice outside of that given within the Platform; or
- consumption or non-consumption of over the counter and prescription
medicines by you, and any effects, side effects or adverse medical conditions arising thereof; or
- use of any medical device or service other than the Platform; or
- any other matter relating to the Platform and / or Services.
whether or not foreseeable, and whether or not the Company has been advised
of the possibility of such damages.
- We shall neither be liable nor responsible for any actions or inactions of
the Providers, Health Coaches, or other users of the Platform, nor any breach of conditions,
representations or warranties by them. We do not take any obligation to mediate or resolve any
dispute or disagreement between you and the Providers, Health Coaches, or other users of the
Platform.
- Further, none of the directors, officers or employees of the Company shall
be personally liable for any action in connection with the Platform or the Services.
- Notwithstanding anything to the contrary anywhere else, the maximum
liability of Company, its affiliates and its or their directors, employees, agents, partners,
suppliers, third party service providers, licensors or content providers to you or any other third
party through you, directly or indirectly for any and all damages, losses and causes of action shall
not exceed the amount paid by you, if any, for accessing our Services. Refunds and Taxes
- All Services provided by the Company through the Platform are intended to
aid you in managing your health conditions. In the event that you are dissatisfied with the quality
of Services or the results obtained by use of the Platform, you may write to us at helpdesk@wellthy.care with the specific details of the
issue faced, the duration of use of the Platform and the Services, and a request for a refund of the
amounts paid by you for use of the Platform.
- The Company will, upon receipt of any such communication from you, if you so
desire, attempt to resolve the issue faced by you and/ or tailor the Customized Therapy to address
the specific issue.
- However, in the event that you require a refund, we will, within a period of
90 days from the date of such request, refund the entire fee paid by you in respect of such
Customized Therapy. Please note that any such refund will be payable by the Company to you only if
(a) you have completed an “intervention” in relation to such Customized Therapy; and (b)
a claim has been made by you within a period of 30 (Thirty) days from the date of completion of the
intervention.
- Any amounts refunded by the Company shall be paid after deduction of
applicable taxes, bank charges and administrative charges.
- Please note that the refund policy outlined in these Terms of Use are not
applicable to the clients, patients, employees, consultants or contractors identified by an
Enterprise Client based on an agreement with the Company.
- Call Recording
- The Company reserves the right to record any telephonic conversations
between you and the Company, its affiliates and its or their directors, employees, agents, partners,
suppliers, third party service providers, licensors or content providers (including Health Coaches,
telesales executives, customer support, customer experience executives and onboarding executives).
You hereby agree that the Company will be permitted to record all telephonic conversations with you,
irrespective of whether you are intimated of such recording during the course of such telephonic
conversation.
- All telephonic conversations specified above will be recorded for audit
purposes, internal training, quality control purposes and to provide assistance in case of any
Adverse Event and emergency events.
- Termination
- In case of non-compliance with the Terms of Use or Privacy Policy or in the
event any other user reports violation of any of their rights as a result of your use of the
Services, the Company reserves the right to immediately
- suspend or terminate your access to the Platform with or without notice to
you; and
- to remove such non-compliant information from the Platform; and
- to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for
terminating your access to the Platform. Upon suspension or termination, your right to avail the
Services and access to the Platform will immediately cease and Company reserves the right to remove or
delete your information that is available, including but not limited to login, account information and
information posted by you.
- Access outside Singapore
The Company makes no representation that the content contained on the Platform is
appropriate to be used or accessed outside the Singapore . If the users use or access the Platform from
outside the Singapore, they do so at their own risk and are responsible for compliance with the laws of
such jurisdiction. These Terms of Use do not constitute, nor should they be used for or in connection
with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional
activities or solicitation is not authorized or to any person to whom it is unlawful to promote or
solicit.
- Applicable Law
You agree that the interpretation of this Agreement and the resolution of any
disputes arising under these Terms of Use shall be governed by the laws of Singapore
You hereby agree to waive of your right to initiate any class action suits
against the company.
- Arbitration
Any dispute, claim or controversy arising out of or relating to this notice
or the breach, termination, enforcement, interpretation or validity thereof, including the determination
of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Services through
the Platform or information to which it gives access, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration Centre (“SIAC Rules”) in
accordance with the Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be
incorporated by reference in this Clause. The seat of such arbitration shall be
Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be in
the English language. The award shall be final and binding on the Parties.
- Force Majeure
The Company shall not be liable for any delays or failures in its performance
here under resulting from circumstances or causes beyond its reasonable control, including, without
limitation, force majeure acts of God, acts or threatened acts of terrorism, war or other violence, or
any law, order or requirement of any governmental agency or authority, cyberattacks, or any unforeseen
breach or failure of the Company’s computer systems or networks. In the event of such delay
or failure, the Company does not have any duty to perform related responsibilities, and also has the
right to cease providing the Services, suspend access to the Platform or carry out any other action as
may be required, as may be determined by it in its sole discretion.
- Privacy Policy
In addition to these Terms of Use, we have also published the Privacy Policy
which sets out the privacy practices of the Platform. In accessing the Platform, and availing the
Services provided herein, you confirm that you have read, fully understand and accept the Privacy
Policy. The personal information / data provided to us by you during the course of usage of the Platform
will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws
and regulations. If you object to your information being transferred or used in accordance with these
Terms of Use and the Privacy Policy, please do not use the Platform.
- Newsletters And Communications
You hereby expressly agree to receive communications and newsletters from the
Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters
from the Company at any time by following the procedure set forth in the Platform.
- Grievance Officer
If you have any grievance with respect to the Platform or the Services, including
any discrepancies and grievances with respect to processing of information, you can contact our
Grievance Officer at:
Kaitik Shah
finance@wellthy.care
The Grievance Officer shall redress your grievances expeditiously, within 1 (one)
month from the date of receipt of grievance. Except where required by law, the Company cannot ensure a
response to questions or comments regarding topics unrelated to this policy or the Company's privacy
practices.
- Report Abuse
In the event you come across any abuse or violation of the Terms of Use or if you
become aware of any objectionable content on the Platform, please report to the Grievance Officer, whose
details are set out above. The Grievance Officer shall redress your grievances expeditiously, within 1
(one) month from the date of receipt of grievance.
- Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction or
arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from
these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision
were so excluded and shall be enforceable in accordance with its terms; provided however that, in such
event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent
with and permitted by applicable law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction or arbitral tribunal.
- Notices
All notices and other communications required or permitted hereunder to be given
to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or
mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger,
addressed to such Party’s address as set forth below or at such other address as the Party shall
have furnished to the other Party in writing in accordance with this provision:
If to the Company:
helpdesk@wellthy.care
If to you:
at the email address provided by you to us when you registered
as a user.
- Waiver
No term of these Terms of Use shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company
to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
- Electronic Record
This document is an electronic record and is generated by a computer system
and does not require any physical or digital signatures. This document is published in accordance with
the best practices adopted as per the provisions of the relevant laws and the rules made thereunder that
require publishing the rules and regulations, privacy policy and terms of use of the Platform.
- Complete Understanding
These Terms of Use contain the entire understanding of the Parties, and there are
no other written or oral understandings or promises between the Parties with respect to the subject
matter of these Terms of Use other than those contained or referenced in these Terms of Use. These Terms
of Use supersede any prior agreements or understandings entered into by the Company with respect to the
subject matter of these Terms of Use.
You have read these Terms of Use and agree to all of the provisions contained
above.