These Terms and Conditions constitute an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welling Healthcare Private Limited, a private limited company, incorporated and registered under the Companies Act, 1956 allotted Corporate Identification Number (CIN) U85100MH2010PTC206250 and having its registered office at 1st Floor, Gandhi House, Above Apollo Pharmacy, L.J. Road, Mahim (West), Mumbai 400 016, operating under its trade name ‘Welling Homeopathy Clinics’ (hereinafter referred to as ‘Welling Healthcare’) is the owner of the domain name www.wellinghomeopathy.com (hereinafter referred to as the ‘Website’).
Except for the limited permission in the preceding paragraph, Welling Healthcare does not grant the User any express or implied rights or licences under any patents, trademarks, copyrights or other proprietary or intellectual property rights. The User must not mirror any of the content from this Website on another website or in any other media.
Welling Healthcare strongly recommends that the User prints and saves a local copy of Terms before proceeding to use the Services on the Website
- Applicable Law shall mean any common or customary law, constitutional law, any statute, regulation, resolution, rule, ordinance, enactment, judgment, order, ordinance, decree, directive, notification, clarification (issued by a Government Authority), guideline (issued by a Government Authority), policy, requirement or other governmental restriction or any form or decision of or determination by or interpretation of any of the foregoing by any Government Authority, now or hereafter in effect, in each case as amended, re-enacted or replaced;
- Patient shall mean the patient who registers on the Website to avail the Services (defined below) offered by Welling Healthcare;
- Patient Data shall mean to include without limitation, personal details, medical history, allergies, current medical condition, etc.;
- Registration Form shall mean the form the Patient is required to fill and submit at the time of registration; and
- User shall mean any person who accesses or uses the Website, including without limitation a Patient.
Welling Healthcare provides speciality homeopathy consultation services and treatments to persons through a multiple clinic set up under the trade name ‘Welling Homeopathy Clinics’. Further Welling Healthcare also provides such homeopathy consultation and treatment by means of an online platform through the Website (hereinafter referred to as ‘Services’). A detailed description of the homeopathy consultation and treatment offered by Welling Healthcare is available under various sections on the Website.
- In pursuance and in furtherance of the Services, the Website offers features, including but not limited to the following:
- An option to book an online appointment for visiting any Welling Homeopathy Clinic under the ‘Book Appointment’ head;
- Providing information about various diseases and the treatment offered pertaining thereto under the head, ‘Disease Info’;
- ‘Health Hub’, a section comprising blogs and articles published by Welling Healthcare;
- An option to consult a specialist at Welling Healthcare, prior to availing Services; and
- An option to avail Services online.
- To be eligible to access the Website, the User shall be competent to enter into legally binding contracts as defined under the Indian Contracts Act, 1872.
- However in case of a minor, the parent/guardian of such minor may access the Website or manage the minor’s account on behalf of the minor, subject to such parent or guardian fulfilling the condition mentioned in clause 3.1 above.
- Welling Healthcare reserves the right to refuse to grant the User access to the Website and the right to terminatethe User’s registration if it is brought to Welling Healthcare’s notice or if it is discovered that the User suffers from any disability described above.
- A User, in order to avail the Services, will be required to be registered as a Patient on the Website. The User shall fill in and submit the Registration Form, available on the Website for purposes of signing up for the Services. Upon such registration, Welling Healthcare may provide a Patient with a username and password to access and log into their account
- In consideration of the Patient’s use of the Website, the Patient agrees to:
- Provide true, accurate, current and complete Patient Data about themselves as may be required by the Registration Form;
- Maintain and promptly update the Patient Data, and any other information, the Patient provides to Welling Healthcare, to keep it accurate, current and complete;
- Maintain confidentiality of the password and identification;
- Notify Welling Healthcare immediately of any unauthorized use of the Patient’s account or other breach of security; and
- Accept all risks of unauthorized access to the Patient Data and any other information the Patient provides to Welling Healthcare
- The User will ensure compliance with all notices or instructions given by Welling Healthcare from time to time to enable the use of the Website.
- The Patient understands and agrees that the Services furnished by Welling Healthcare shall commence on payment of the fees by the Patient, in accordance with the kind of treatment availed, the period for which treatment is availed and other details as provided on the Website.
- The various payment options available on the Website are as follows:
- Credit Card/Debit Card/Net Banking;
- PayPal; and
- Offline payment through bank deposit.
- Welling Healthcare shall be entitled to terminate the Services furnished to the Patient in case of non-payment or delay or payment.
- INTELLECTUAL PROPERTY RIGHTS
- Welling Healthcare shall, at all times, be the absolute owner and lawful licensee of its trademarks, names, logos, service marks, copyrights, patents and all other intellectual property rights including but not limited to the Website and the Website’s content (hereinafter referred to as the ‘IPR’). For the purpose of this clause, the content on the Website includes its visual content such as the design, layout, text, images, graphics, sound, video, etc. as well as non visual functional elements such as source code and other copyrightable elements of the Website. Nothing contained on the Website should be construed as granting any licence or right to use any IPR without the prior written permission of Welling Healthcare.
- Any acts of unauthorized decompiling of the Website source code, copying, modification, use or publication of the IPR is strictly prohibited and shall be subject to appropriate legal proceedings against the such infringing party / User.
The User agrees to indemnify Welling Healthcare from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the User’s breach of the Terms.
- The User hereby understands and agrees that while the information provided on the Website has been carefully and thoughtfully compiled with the use of specialists in the field of Homeopathy, the use of this Website at all times is at the sole risk of such User. All materials and information on the Website are provided on a ‘as is’ basis, with no warranties or guarantees whatsoever
- Welling Healthcare expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations including without limitation, as to the effectiveness of the information, advice, suggestions and techniques. Without limitation, Welling Healthcare makes no warranty or guarantee that the Website will be uninterrupted, timely, secure or error free. Information on the website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while Welling Healthcare makes its best effort to ensure accuracy of the information, data and general content, the Website may contain technical inaccuracies or typographical errors. Accordingly, the User should confirm the accuracy and completeness of all information before making any decision related to any Services described in the Website. Moreover, due to the fact that the information contained on the Website relates to a User’s health, User should endeavour to confirm, the User’s fitness and the best use of the Services provided by Welling Healthcare, with the User’s doctor and evaluate all the Services based on the User’s personal needs
- Welling Healthcare expressly disclaims any responsibility with respect to the completeness, accuracy and fitness of any responses given vide the Website (through e-mail, chat or otherwise). No warranty or representation of any kind, express or implied, is given by or on behalf of Welling Healthcare that the responses to the queries, shall be appropriate, secure, reliable and free-from-error
- Welling Healthcare shall not be liable for any negligence (including gross negligence), loss, injury or damage (including without limitation direct, indirect, consequential, special, exemplary or punitive loss, injury or damage) suffered by anyone on account of the use/performance of the information, response, advice furnished to a User (via e-mail or otherwise), any action or lack of action by the User and/ or the medicines prescribed/ sold to the User.
- Welling Healthcare shall not be responsible in case of any false, misleading information or statement made by the User during any sort of interaction with Welling Healthcare’s consultants, on the Website.
- The User hereby understands and agrees that the results and duration of a treatment may vary depending on the constitution of the human body and each User’s personal health conditions and the treatment procedure appropriate for such User.
- The content on the Website and the advice of Welling Healthcare’s doctors is not intended to be, nor is a substitute for professional medical advice/attention, diagnosis or hands on treatment. Further, the Website and its facilities are not intended to replace a doctor’s judgment in a personal face to face interaction or the care and treatment that only a qualified healthcare provider may give upon due clinical examination of symptoms and/or co-relation of reports with such examination.
- All Individual results and success stories shown on the Website are the results that Welling Healthcare’s Services have achieved. The results portrayed are only illustrative and in order to protect the privacy of Welling Healthcare’s clients some identity information has been changed when quoting such success stories and case studies.
- REPRESENTATIONS AND WARRANTIES
The User hereby represents and warrants to Welling Healthcare that:
- The User has full power and authority to accept the Terms and to perform the obligations hereunder;
- The information/ Patient Data submitted by the User during the registration process or thereafter throughout the continuation of the use of the Website or Services is true, accurate, current and complete. The User agrees that if it provides any information that is untrue, inaccurate, not current or incomplete or Welling Healthcare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, Welling Healthcare shall have the right to indefinitely suspend or terminate or block the User’s access to the Website;
- The User shall not use the Services to defraud any person or entity;
- The User shall not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- The User shall not involve any scheme to undermine the integrity of the data, systems or networks used by Welling Healthcare and/or any User of the Website or gain unauthorized access to such data, systems or networks;
- The User hereby agrees to use the Website solely for the User’s own personal, non-commercial use;
- The User agrees that use of any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited;
- The User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the provision of the Services by Welling Healthcare. If the User’s failure to do so results in delay, or suspension or termination of, the provision of any Service, Welling Healthcare shall not be obliged to extend the relevant Service period nor will Welling Healthcare be liable for any loss or damages arising from such delay, suspension or termination;
- The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any Applicable Law;
- The User acknowledges and agrees that the User shall be responsible for observing the Applicable Laws to ensure that all use of the Website and Services are in compliance with the same;
- The User hereby agrees to read Welling Healthcare’s Refund Policy which governs the refund terms in relation to the Services and the User hereby agrees to and accepts the terms of the Refund Policy.
- The User hereby understands and agrees that Welling Healthcare reserves the right to terminate the Patient’s registration and / or terminate a User’s right to use the Website for any reason whatsoever, including without limitation, any act or omission in contravention. The User hereby further understands and agrees that any such termination may be effected without prior notice to the User.
- PATIENT DATA PROTECTION AND CONFIDENTIALITY
- The ownership of the Patient Data shall lie exclusively with the Patient.
- The Patient Data shall be accessed only by persons duly authorized by the Patient and shall not be shared with any third party and shall not be viewed by any person other than Welling Healthcare, its doctors, its affiliates and associate companies, directors, officers and employees, if and when required. The User shall not have any objection with Welling Healthcare sharing such information.
- The Patient Data will be dealt with only for the purpose for which it is authorized and in a diligent manner.
- The provisions of Information Technology Act, 2000 relating to processing of personal data, as may be amended from time to time; and
- The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time
- Welling Healthcare reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Welling Healthcare may disclose the User’s identity and contact information, if requested by a government or law enforcement body or other legal action. Welling Healthcare shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Welling Healthcare for such disclosure.
- LIMITATION OF LIABILITY
In no event shall Welling Healthcare be liable for any direct, indirect, special, incidental, exemplary or consequential damages of any kind whatsoever related to or arising out of the Website or any use of the Website or of any website or resource linked to, referenced or accessed through the Website.
- FORCE MAJEURE
The User agrees that Welling Healthcare will not be held liable for any loss or damage with respect to the use of the Website, if the same arises out of any cause due to which Welling Healthcare is wholly or partly unable to perform its obligations and which is not reasonably within the control of Welling Healthcare. Further, Welling Healthcare will not liable for any loss or damage which is not a result of the fault or negligence of Welling Healthcare or which occurs despite all reasonable attempts of Welling Healthcare to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficulties, cyber hacking and other events or circumstances that are beyond the reasonable control of Welling Healthcare.
- DISPUTE RESOLUTION AND GOVERNING LAW
- All disputes or differences arising between the User and Welling Healthcare as to these Terms or any other matter in relation to or in connection with the User’s use of the Website shall be referred to a sole arbitrator who shall be appointed by Welling Healthcare as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat and venue of arbitration shall be Mumbai and the language shall be English.
- These Terms shall be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction.
All of Welling Healthcare’ notices, demands and other communications must be in writing and will be deemed to have been given (a) if sent by electronic mail or (b) if delivered by overnight courier, and such message is confirmed as received, in each case to the address or e-mail address specified by the User on the Website. All of the User’s notices, demands and other communications must be in writing and will be deemed to have been given (a) if sent by electronic mail or (b) if delivered by overnight courier, to Welling Healthcare’ address.
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:
Name: Bhushan Sonar
Address: 1st Floor, Gandhi House, L.J. Road, Mahim (West), Mumbai 400 016
E-mail: [email protected]