END USER TERMS AND CONDITIONS
ANY USE OF THE SERVICES OF 360 WELLNESS CARE SITE
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
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.
You agree that the Site is not intended to be used to:
any medical emergency or medical condition.
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
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
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.
Provider reserves the right to place any third party advertisements on the Site
at any time and without notice or liability.
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
3. Content in the Services:
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
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.
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
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.
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.
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:
Service Provider only uses personal information for the purposes (updated from
time to time) described below:
- Providing its
- Research and
analysis in order to maintain, protect and improve our Services;
- Ensuring the
technical functioning of our network;
- Developing new services;
- Providing offers,
promotions from third party sponsors or advertisers or retailers through
emails or notifications or hosting (Third Party Content and Services).
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.
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:
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.
Service provider may at any time, terminate its legal agreement with you if:
You have breached any provision of the Terms or
Service provider is required to do so by law (where the provision of the
Services to you is, or becomes, unlawful); or
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
Service Provider opts to no longer provide the Services to you; or
the provisions of the Services to you by Service
Provider is, in Service Providerís opinion, no longer commercially viable.
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
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.
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
PROVIDER MAKES NO REPRESENTATIONS FOR THE QUALIFICATIONS, CAPABILITY AND EFFICIENCY
LEVEL OF THE PHYSICIANS OR ANY MEDICAL PRACTITIONER WHO PARTICIPATE ON THE
8. LIMITATION OF LIABILITY:
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
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,
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.
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.
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.
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.
Assignment: Service Provider shall have a right to assign these Terms or
agreement to any third parties at any time without
notice to you.
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.
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:
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
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.
contact details and certain other information about you are subject to our
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.