END USER TERMS AND CONDITIONS

ANY USE OF THE SERVICES OF 360 WELLNESS CARE SITE (SITE) IS SUBJECT TO THE TERMS, STATEMENT OF DISCLAIMERS AND PRIVACY POLICY SETFORTH BELOW AND SHALL FORM BINDING LEGAL AGREEMENT BETWEEN YOU AND 360 WELLNESS CARE PVT. LTD. (SERVICE PROVIDER) AND INDICATES YOUR ACCEPTANCE TO THE TERMS SPECIFIED BELOW (TERMS) WITHOUT ANY IMPAIRMENT IN JUDGMENT RESULTING FROM (BUT NOT LIMITED TO) MENTAL ILLNESS, MENTAL HANDICAP, INTOXICATION, MEDICATION, OR ANY OTHER HEALTH OR OTHER PROBLEM THAT COULD IMPAIR JUDGMENT.

 

1. Accepting the Terms:

1.1 You represent and warrant that you are above 18 years, competent and eligible to enter into a legally binding agreement and you are not a person barred from receiving the services (Services).

1.2 In order to avail the Services, online registration is required. You agree that any registration information you give to Service Provider will always be accurate, correct and complete. Service Provider reserves the right at all times to disclose any information as Service Provider deems necessary to satisfy any applicable law, regulation, order from competent court and government request.

1.3 You agree and understand that you are solely responsible for maintaining the confidentiality of your username and password and for all the transactions undertaken using your password and username. You will be responsible to change the password immediately, if you believe your password has been compromised. Service Provider shall not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your username and password.

1.4 You agree that the Service Provider and any third party offering services through the website accept no responsibility for any medical, legal or financial events or outcomes related to services attained through the use of Online Consultation and the Site, which is being provided on an as is basis.

1.5 You agree that the Site is not intended to be used to:

1.      Treat any medical emergency or medical condition.

2.      Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.

 
1.6 You agree that you will not indulge in republishing, selling, duplicating, or "scraping" for commercial or any other purpose any of the data or other information contained in Site, in whole or in part, in any medium whatsoever.

 

1.7 You agree not to use any information from the Site including any information received from live chat/ audio/ video sessions for treating any medical conditions and you agree to seek advice of your physician or qualified medical practitioner prior to undertaking any medical treatment. You will never disregard professional medical advice and will not delay seeking such medical advice because of any information on the Site or while availing any information from Service Provider or from any medical professional on the Site via email or over live audio/video session.

2. Fees and Payment:

2.1 Service Provider shall not be responsible or have any liability for any issues pertaining to the online payment(s) made by you through Your credit card/ net banking account(s) including but not limited to, excess charges charged by the Bank/ credit card or net banking account supplier, double debit to the credit card account, invalid card details, authentication of card details and ancillary/ incidental charges for the transaction. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier.

Service Provider reserves the right to place any third party advertisements on the Site at any time and without notice or liability.

You agree that Service Provider reserves the right to charge any membership fee for the Services currently being provided on the Site for free. Such changes shall be notified on Site and such fee shall be applicable prospectively for any Services availed after such notification or intimation is made to you. You are not, however, obliged to pay for such charges retrospectively.

3. Content in the Services:

You should be aware that third party content (Third Party Content) and information presented to you as part of the Services or any third party product, including but not limited to advertisements in the Services or any third party products may be protected by intellectual property rights which are owned by the sponsors or advertisers or retailers or such other third parties who provide such products or Services (or by other persons or companies on their behalf).

You agree that under no circumstances Service Provider shall be held responsible or liable for any loss, damage or harm caused due to reliance on accuracy of the information obtained from the Services and third party product and Services or third party advertisements. To the fullest extent permitted by law, Service Provider is not responsible for the content of linked third-party sites; sites framed within the Site, or third-party advertisements, and do not make any representations regarding their content or accuracy.

You agree that the site provides you a wide range of information, tools and products for wellness. The intent is to educate you about your wellness and help you to make your own choices. You agree that Service Provider do not claim that any particular technique, therapy, product or tool is suitable for your particular needs. Decisions regarding using a particular plan, technique, approach, therapy, supplement or product depends on many factors and you agree to consult your physician before adopting any of these or making any changes to your lifestyle. You agree that your use of the site constitutes a release of any responsibility for any consequences of using any information, tool, technique, therapy, supplement or product from the web site.

You agree that any information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. You agree that the Site does not intend to establish any doctor-patient relationship between you and any professional. The site is not intended to prescribe medicine and diagnose a medical condition.

You agree that the Service Provider does not regularly review the advice on the Site or access accounts to ensure that the system is working and the views expressed therein are those of the third party who provide Services on the Site and do not necessarily reflect those of, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. You agree to use the information and or advice obtained from the Site at your own risk.

You expressly acknowledge and agree that the Service Provider, is not responsible for the results of your decisions resulting from the use of this Site, including but not limited to, your decision to seek or not to seek professional medical care, or your decision to choose specific treatment based on the information on or accessed through this website (including but not limited to live audio/video session or email).

4. Privacy and your personal information:

4.1 Service Provider only uses personal information for the purposes (updated from time to time) described below:

4.2 Confidentiality and your personal information:

(a) You agree and understand that you are disclosing your personal and proprietary data / information at your own risk, will, and consent. Service Provider may, without giving notice, delete any account or information contained on the Site for any reason whatsoever. Service Provider shall have an authority to use the information posted by you on the Site. Service Provider may disclose your data to its partners, Service Providers who will be required to access the information for providing services. Service Provider shall have a right to disclose your data to any government or law enforcement agency, if required by such government authority.

(b) You agree that under no circumstances Service Provider shall be held responsible or liable for any loss, damage or harm caused to your confidential and personal data.

5. Proprietary rights:

You acknowledge and agree that Service Provider shall own all legal right, title and interest in and to the Services including any intellectual property rights which subsist in the Services and agree not to use, alter, remove, obscure any of Service Provider's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

6. Termination of Services:

6.1 The Terms will automatically be terminated immediately on closing your account for the Services which you use or your breach of any of the terms and conditions contained herein.

6.2 Service provider may at any time, terminate its legal agreement with you if:

(a) You have breached any provision of the Terms or

(b) Service provider is required to do so by law (where the provision of the Services to you is, or becomes, unlawful); or

(c) the third party / partner with whom Service Provider offered the Services to you has terminated its relationship with Service Provider or ceased to offer the Services to you; or

(d) Service Provider opts to no longer provide the Services to you; or

(e) the provisions of the Services to you by Service Provider is, in Service Providerís opinion, no longer commercially viable.

7. DISCLAIMER:

SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE PRODUCT AND SERVICES ARE PROVIDED BY SERVICE PROVIDER AND/OR ANY THIRD PARTY ON "AS IS" BASIS. SERVICE PROVIDER DOES NOT WARRANT THAT THE PRODUCT OR SERVICES OR ANY PORTION THEREOF, ARE ERROR OR BUG FREE, OR THAT USER USE OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED. SERVICE PROVIDER ASSUMES NO RESPONSIBILITY FOR THE USE OF THE PRODUCT. SERVICE PROVIDER MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USER.

SERVICE PROVIDER WILL USE GOOD FAITH EFFORTS TO ENSURE AVAILABILITY OF THE SITE, BUT IS NOT RESPONSIBLE FOR ANY CONSEQUENCES DUE TO UNAVAILABILITY OF SERVICE OR ANY LOSS OF DATA. ANY LISTING OF THE PRODUCT OR SERVICE OR ANY ADVERTISEMENT DOES NOT CONSTITUTE SERVICE PROVIDER'S ENDORSEMENT OF SUCH PRODUCT OR SERVICES. SERVICE PROVIDER DISCLAIMS ANY LIABILITY ARISING FROM YOUR USAGE OF SUCH THIRD PARTY PRODUCTS.

SERVICE PROVIDER MAKES NO REPRESENTATIONS FOR THE QUALIFICATIONS, CAPABILITY AND EFFICIENCY LEVEL OF THE PHYSICIANS OR ANY MEDICAL PRACTITIONER WHO PARTICIPATE ON THE SITE.

8. LIMITATION OF LIABILITY:

In no event shall Service Provider be liable for any direct, indirect, punitive, incidental, special or consequential damages, or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, damages arising under tort, strict liability, negligence, contract or patent or copyright infringement arising out of or in any way connected with the use or performance of the Services or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with this agreement. This clause shall survive the termination or expiry of this Agreement.

In no event shall Service Provider be held responsible for any liability arising due to death, bodily injury, mental agony, any computer virus or any form of damage resulting from the use or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, even if Service Provider is advised of the possibility of such damages. The Service Provider disclaims any liability arising due to the results of your decisions based on consultation from the use of this website or the information contained herein, including but not limited to, your choosing to seek or not to seek professional medical care, or your choosing or not choosing specific treatment based on the information on or accessed through this website (including but not limited to live audio/video session, email, phone).

The total aggregate liability of Service Provider to you in all events under any applicable law whatsoever for all loss or damage arising out of your use of the Services shall be limited to INR 100. Any claim with respect to the use of the Service or related to Site should be brought within 6 months of usage of Service or Site.

9. MISCELLANEOUS:

9.1 These Terms constitute the whole legal agreement between you and Service Provider and govern your use of the Services and shall supersede and prevail any prior agreements between You and Service Provider in relation to the Services or any third party product. Service Provider reserves the right to make changes to the Terms without any prior notification to you; therefore you are advised to check these regularly.

9.2 You agree that if Service Provider does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of Service Provider's rights and that those rights or remedies will still be available to Service Provider.

9.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

9.4 Assignment: Service Provider shall have a right to assign these Terms or agreement to any third parties at any time without notice to you.

9.6 The Terms, and your relationship with Service Provider under the Terms, shall be governed exclusively by the laws of India without regard to its conflict of law provisions. You and Service Provider agree to submit to the exclusive jurisdiction of the courts located within Pune, India to resolve any legal matter arising from the Terms.

9.7 Neither party shall be liable for any failure or delay in fulfilling the provisions of Terms due to fire, strike, war, civil unrest, terrorist action, government regulations, and acts of God or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure.

Statement of Disclaimer:

The information provided on this Site on an AS IS and WHERE IS basis. Any usage of the Site is subject to the End User Terms and Conditions which shall be updated from time to time. 360 Wellness Care reserves the right to amend these terms and these terms shall be binding on you during the usage of the Site or while to your avail services from 360 Wellness Care reserves. It is assumed that you will review the terms and conditions on regular basis and 360WellCare shall not responsible to update you to bring to your notice the changes in the applicable terms.

360 Wellness Care disclaims any liability towards completeness and accuracy of the data or information published on the Site. 360Wellness Care shall take good faith efforts to provide the most accurate or up-to date information but does not commit the accuracy or completeness of the information available or data available on the Site. 
 
360 Wellness Care makes no representation or warranties of any kind, express or implied, merchantability or fitness for any purpose on the information content or functioning or availability of the Site. 360 Wellness Care makes no representations or warranty concerning the quality of the products and services listed on this site, and information or links to other websites or any advertisement placed by third party do not constitute a recommendation or endorsement by 360 Wellness Care. The information related to third party or any advertisement from such third party are attempted to provide information to the Users. 360 Wellness Care disclaim any liability arising due to Users usage or reliance of such third party information or products.

360 Wellness Care disclaims any liability for any loss or damage of any kind incurred as the result of any dealings with advertisers and merchants found on or through our website, including payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such dealings.

Your contact details and certain other information about you are subject to our Privacy Policy. For more information, please scroll down to see our Privacy Policy.

Any information or advice posted on 360 Wellness Care's Forums and Reviews is in no way intended to replace professional medical advice and you are advised to consult your physician within your jurisdiction with any questions you may have regarding a medical condition. Never disregard professional legal advice or delay in seeking it because of information provided by a professional through the Site.  If you think you may have a medical emergency, call your doctor or emergency services immediately. 360 Wellness Care does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, 360 Wellness Care employees, others appearing on the Site at the invitation of 360 Wellness Care, or other visitors to the Site is solely at your own risk.