Wellzio Inc. ("Wellzio," "We," "Us") provides this web site, associated apps in the AppStore and Play Store and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Wellzio and you ("you" and "your") with respect to Your use of the Site. It is important that You read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. Relationship Between You and Wellzio
1.1 Wellzio acts as an intermediary to help connect patients with the service provider(s) (hereinafter referred to as the "Service Provider", which shall mean but is not limited to doctors, dieticians, clinic administration, dietitians, pharmacist, and lab personal that provide the services using the Site). The Service Providers are not related to Wellzio but are merely providing the services to the patient after the patients consent, and therefore, Wellzio in no event, shall be directly or vicariously liable for any of the services that have been rendered by the Service Providers.
1.2 Wellzio does not recommend any specific services or Service Provider or any other information that may be mentioned on the Site. You are advised to use Your own discretion before providing or availing of any of the services being offered or consumed by the Site, depending on whether You are a Service Provider or a Patient, respectively.
2. Registration
You agree to:
(a) provide accurate, current and complete information about yourself and the Service Provider about their practice as prompted by our registration form (including your email address); and
(b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to input your email address and select a password. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting the "Profile" tab after logging on to the Site, and immediately notify us of the problem by visiting the "Contact Us" link on the Site's home page. You are entirely responsible for maintaining the confidentiality of your password and for any and all activities that are conducted through your account. Wellzio shall not be liable for any unauthorized use of Your account.
You acknowledge and agree that any patients or other persons that you refer to the Site or that otherwise desire to use the Site must first register with Wellzio and accept Wellzio's standard Terms of Use before we will grant them access to the Site.
3. License
Conditioned upon, and subject to, Your compliance with the terms and conditions of this Agreement, Wellzio hereby grants You the personal, non-exclusive and non-transferable limited right and license to, during the term of this Agreement, access, install and use, as applicable the Site. Wellzio and its licensors reserve all rights not expressly granted to You in this Agreement including, without limitation, all right, title, and other intellectual property rights to the Site. The use of the Site is licensed, not sold.
4. Annual Subscription
You agree to pay the annual subscription fee that is set forth on the registration page and if You desire to continue accessing the Site, You agree to pay any future subscription fee as established by Wellzio from time to time. If You fail to pay the annual subscription fee, then Wellzio shall have the right to terminate this Agreement and Your use of the Site. No refunds will be made for early termination of the contract prior to the end of the active subscription period(s).
5. Information Provided by Wellzio
Although Wellzio strives to provide information that is both useful and current, medical research and information changes frequently and is subject to varying interpretations. Accordingly, although Wellzio endeavors to use reasonable care in assembling the information, the information may not be up-to-date, accurate or complete, and the information cannot be construed as medical or professional advice on any subject matter. You acknowledge and agree that Wellzio shall have no liability for accuracy or applicability of any information that is on the site.
You acknowledge that Your use of the Site will allow you to provide or receive health and medical related services, and that You are entirely liable for any advice or instructions that you provide / receive and Wellzio expressly disclaims all liability therefore. If You are a patient, You are advised to use Your own discretion before availing of any of the services being offered by the Service Providers.
6. Links
The Site may contain links to other Internet web sites which may or may not be owned or operated by Wellzio. Wellzio has not reviewed all of the web sites that are linked to the Site, and Wellzio has no control over such sites. Unless otherwise explicitly stated, Wellzio is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Wellzio offers such links does not indicate any approval or endorsement of any material contained on any linked site. Wellzio is providing these links to You only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
7. Ownership and Restrictions on Use
The Site is owned and operated by Wellzio and the information provided by the Site (and any intellectual property and other rights relating thereto) are and will remain the property of Wellzio and are protected by the copyright, trademark and other laws of various jurisdictions, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute any content or information available on or through the Site (other than your own medical information) without our prior written permission.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Wellzio, Wellzio's licensors and suppliers, and others. The Trademarks owned by Wellzio, whether registered or unregistered, may not be used in connection with any product or service that is not Wellzio's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Wellzio. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Wellzio, Wellzio's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Wellzio will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
8. Termination
This Agreement shall remain effective unless terminated due to the following reasons;
i. If You fail to pay the annual subscription fee, or if You breach any term of this Agreement, then We may terminate this Agreement immediately upon notice to You;
ii. Wellzio has just and reasonable grounds to believe that You are indulging in any illegal, fraudulent or abusive behavior; or
iii. Your acts are prejudicial to the interests of Wellzio.
Upon termination of this Agreement, your right to use the Site shall immediately cease.
9. Uptime Guarantee
Wellzio will use commercially reasonable efforts to ensure that the site will be available for use at least 95% of the time over each calendar month, available between the hours of 8.00AM and 6.00PM, Indian Standard Time, Monday through Saturday for the duration of the Term, subject to the following exceptions: (i) scheduled maintenance for updates and bug fixes; (ii) the failure or malfunction of equipment, applications or systems not controlled by Wellzio; (iii) any third party or public network or systems unavailability; or (iv) circumstances or causes beyond the control of Wellzio, including, without limitation, instances of force majeure. The foregoing sets forth Wellzio's sole and exclusive obligation, for any failure to meet the uptime requirements and/or any service interruptions and/or service deficiencies of any kind whatsoever.
10. Disclaimers
The Site, the materials on the Site, any product or service obtained through the Site and the software are provided "As Is" and without warranties of any kind, either express or implied that all of the information provided on the Site is correct. To the fullest extent permissible pursuant to applicable law, Wellzio and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to you or any other person, arising out of or from the use of any such information or the Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to You. Except as expressly set forth herein, Wellzio and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that Your use of the Site or the software will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice or statement of Wellzio or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site, in the software or otherwise, shall create any warranty. Your use of the Site and any materials provided through the site are entirely at your own risk.
You acknowledge that this agreement does not include any technical support and You are solely responsible for end user support.
You acknowledge that you shall be solely responsible for determining that Wellzio service is suitable in quality and performance for use by you. Because Wellzio service is neither fault tolerant nor free from errors, you agree to be responsible for implementing such measures or protections as are necessary to prevent injury or loss from failure of Wellzio in connection with your usage.
Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness, description and content in the terms and conditions of service and that each page of the Site is correct. Wellzio, however, does not take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by you due to any information contained herein.
11. Limitation of Liability
Neither Wellzio nor any of our affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or materials contained on the site, the software, any linked site or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site, materials, software or any linked site is to stop using the site, materials, software or linked site, as applicable. The sole and exclusive maximum liability to Wellzio for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall not exceed one hundred percent (100%) of the total amount paid by you, if any, during the twelve (12) month period immediately preceding the event that gave rise to the claim, to access the site. Additionally, you release Wellzio and their directors and officers from all liability in excess of the limitations set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Indemnification You agree to indemnify, defend and hold Wellzio, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your activities in connection with the Site.
13. Cancellation and Refund of Annual Subscription Fee
Wellzio does not offer subscription cancellation and no refunds will be made for early termination of the contract prior to the end of the active subscription period(s).
14. Force Majeure
The duties and obligations of Wellzio under this Agreement shall be suspended during such time as the performance by Wellzio is prevented or impeded by major riots, civil commotion, rebellion, pestilence, pandemic, epidemic, Governmental action, war, hostility, acts of God beyond the control of Wellzio which could not have been foreseen or avoided by the exercise of due diligence and so it becomes impossible of performance.
15. Miscellaneous
If You are a user, using the services of Wellzio, and are based outside India, then
This Agreement is governed by and construed in accordance with the laws of the State of Washington, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the State of Washington, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Wellzio's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If You are a user, using the services of Wellzio and are based in India, then
This Agreement is governed by and construed in accordance with the laws of India. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicensable by you except with Wellzio's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Additionally, the terms specific to users based in India are described in the section below:
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
a. The Indian Contract Act, 1872;
b. The (Indian) Information Technology Act, 2000; and
c. The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the ''SPI Rules''), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the ''IG Rules'').
The courts at Bangalore, Karnataka shall have the sole jurisdiction for any matter arising out of or in connection with this Agreement.
Please read the Wellzio Privacy Policy