PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE THE TERMS OF USE, DO NOT USE THIS APPLICATION.
These Terms of Use, Privacy Policy, together with any additional Service specific terms and conditions, other policies which may be applicable to specific portions of the Application and any disclaimers which may be present on the Application are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application and the Services (defined hereunder). Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
THE APPLICATION
Wellness Pathcare is the author and publisher of the Application, which shall mean the website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.
The Application titled ‘Self-Assessment Tool’ is purely for informational and educational purposes and is not intended to provide or be used for the diagnosis or treatment of disease or other conditions, including COVID-19. The guidance you receive depends on the accuracy of the information you provide as well as current guidelines for responding to symptoms associated with the novel coronavirus COVID-19.
All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Application, as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards Wellness Pathcare or its contractors or agents and Wellness Pathcare shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.
You should limit the use of this Application to India only. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such Wellness Pathcare validated by a local registered medical practitioner.
Certain Services are location specific. Depending on Your location certain Services may not be available to You.
You will not deliberately use the Application in any way that is unlawful or harms Wellness Pathcare, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
You will not interfere, disrupt or hamper with the proper functioning of the Application.
As a User, You may have access to business sensitive information. You shall not share such information with Wellness Pathcare’s direct competitors or use it for competitive purposes, except with Wellness Pathcare prior written consent.
USER CONSENT & PRIVACY
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by Wellness Pathcare using the Application, during the course of providing Services to You. If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at [email protected]. By continuing to access and use the Application and Service, You confirm that You as a Secondary User have authorized the Primary User to provide Your information to us and on the basis of information provided by the Primary User care Wellness Pathcare team doctors and/or Wellness would generate the prescription in the Secondary User’s name.
We may collect various personal information from You when You use the Application and for the features provided by the Application.
Our Privacy Policy sets out terms with respect to the collection, storage, use, processing, transfer and disclosure of any such personal information.
When You click on the ‘I accept’ tab at the time of registering or access the Application or otherwise provide Your personal information, You specifically consent to Our Privacy Policy & Terms of Use.
Wellness Pathcare may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy.
Wellness Pathcare is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, OTHER WEBSITES/MOBILE APPLICATIONS
You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).
Links to such third party applications are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Content via a link available on the Application. Should You decide to click on the links to visit such Third Party Content, You do so on Your own volition. Your usage of such Third Party Content is subject to the terms of use of the respective Third Party Content and NTHS is not responsible for Your use of any Third Party Content.
We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.
It is hereby clarified Wellness Pathcare’ obligation to carry out appropriate background and reference checks and to validate qualification of Wellness Pathcare does not go beyond ensuring that the Wellness Pathcare were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
Service Levels
Subject to applicable law, Wellness Pathcare will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
services that involves product delivery including but not limited to medicines/drugs;
planned downtime that will be communicated in advance to Registered Users;
any unavailability caused by circumstances beyond Wellness Pathcare reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf
When such Service is rendered under a time-schedule, in which case, the obligation of Wellness Pathcare under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (2) and (3) above;
When the Registered User is outside the operational coverage of Service.
For the avoidance of doubt, it is hereby clarified that Wellness Pathcare’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If Wellness Pathcare suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights Wellness Pathcare may have against such User, Wellness Pathcare reserves the right to inform the relevant government or law enforcement authorities. Wellness Pathcare will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Wellness Pathcare reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Wellness Pathcare reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of Wellness Pathcare due to unforeseen circumstances, etc.
Data Recording, Storage, Encryption & Usage
Survival: Even after termination, the provisions of the Agreement with respect to Platform as-is, Payment terms, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination of this Agreement.
Modifications: Wellness Pathcare reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by Wellness Pathcare.
When Wellness Pathcare updates the Agreement, We will notify you through an email. Alternatively, Wellness Pathcare may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
If You do not agree to the changes, please do not access or use the Application and the Services any further.
These Terms of Use were last updated on: 6th August 2020