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.
Welcome to CALLADOC mobile Application (defined hereunder). The Application is operated by CALLADOC Global Health services, a division of Wishing Well Global Health services Pvt ltd, with its registered address at 301 Magnum Tower, 2nd Cross lane, Lokhandwala complex, Andheri west, Mumbai - 400053.
The Agreement applies to you whether you are -
This Agreement applies to those services made available by Wishing well on the Website, which are offered free of charge to the Users (“Services”), including the following:
The terms “You” or “Your” refer to you as the user (irrespective of whether You are a Registered User (defined hereunder), HSP Registered User (defined hereunder) or a Non-Registered User (defined hereunder)) and the terms “Wishing Well”, “We”, “Us”, “Company”, “Our” and/or “CallaDoc” refer to the company. In the event the Application is being used by a person on your behalf, the expression “You” or “you’re” or the “User” shall apply to such person as well. 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 Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
The rules, regulations, guidelines and clarifications framed there under, 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”)
Wishing Well is the author and publisher of the Application, which shall mean the mobile application, 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 (defined below) 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 ‘Health Risk Assessment or Health Calculator’ 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.
“Registered Users” are users:
“Healthcare Service Providers” or “HSPs” are third parties including but not limited to clinic or hospital listed on the Application, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, phlebotomist, pharmacist other incidental and ancillary healthcare service providers listed on the Application and who interacts with Users as part of the Services.
“HSP Registered Users” are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Application.
“Non-Registered Users” are users who have not registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:
HSP Registered Users: A HSP Registered User is only permitted to access and use the Services provided through a particular HSP only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.
Registered User: A Registered User is specifically permitted to:
The data and information available on the Application may be categorized as follows:
As required by law, you must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e., a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.
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 WISHING WELL or its contractors or agents and WISHING WELL 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.
The application is limited for use in India. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such HSP 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 WISHING WELL 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 WISHINGWELL ’s direct competitors or use it for competitive purposes, except with WISHINGWELL’s prior written consent.
You understand that as part of Your registration process as well as in course of Your use of the Application, you may receive communication from WISHING WELL on Your registered contact information. These communications will relate to Your registration, Services provided by WISHING WELL transactions that You carry out through the Application and any such information found suitable of Your attention by WISHING WELL. Please note that WISHING WELL will send these communications only to the contact details that You or HSP provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, WISHING WELL may also send notifications and reminders to You for the features that You may be using on the Application. WISHING WELL may also share the dynamic password with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from WISHING WELL.
You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify WISHING WELL of any actual or suspected unauthorized use of the Your account or password. WISHING WELL will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of WISHING WELL or others due to such unauthorized use.
WISHING WELL is a transaction facilitator.
Through the Application, WISHING WELL facilitates the purchase of Services offered for sale by HSP. You understand and agree that WISHING WELL merely provide hosting services to You. All Services offered for sale on the Application are owned by HSP. WISHING WELL has no control over HSP Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Application shall be the sole responsibility of HSP. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application.
Use of Services
The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by WISHING WELL You may avail following services through the Application:
The aforesaid list of services is jointly referred to as “Services.”
The Services are non-transferable and only cover the Registered User.
The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.
You are advised not to use the CALLADOC online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. WISHING WELL will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.
All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. HSP reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of WISHING WELL. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
WISHING WELL respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the WISHING WELL Content are protected by applicable intellectual property laws.
WISHING WELL’s Rights to the Application and WISHING WELL Content:
All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to WISHING WELL or its licensors. As a User, you are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by WISHING WELL to You in respect of such works.
WISHING WELL and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name and logo of “CALLADOC” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of WISHING WELL and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of WISHING WELL and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all WISHING WELL Content (including all intellectual property rights to such content) is owned exclusively by WISHING WELL and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by WISHING WELL to use WISHING WELL Content only for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by WISHING WELL You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the WISHING WELL Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content:
You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to WISHING WELL.
To the extent permissible by law, you hereby grant WISHING WELL a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
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 WISHING WELL and/or HSPs 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 grievance.calladoc@wishingwellcorp.com. By continuing to access and use the Application and Service, you confirm that You as a Secondary User have authorized Primary User to provide Your information to us and on the basis of information provided by the Primary User CALLADOC care team doctors and/or HSP 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.
WISHING WELL may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy.
WISHING WELL 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, WISHING WELL may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of WISHING WELL. You hereby specifically authorize WISHING WELL to access Your medical information in such cases.
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 WISHING WELL is not responsible for Your use of any 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 WISHING WELL is not responsible for Your use of any Third-Party Content.
WISHING WELL does not endorse any Third-Party Content that You may be directed to from the Application.
HSPs
WISHING WELL will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clarified WISHINGWELLS’ obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs 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, WISHING WELL will use commercially reasonable efforts to make the Services available to Registered Users 12hours a day, (8 AM TO 8PM) 6 days a week, except for:
WISHING WELL has no responsibility towards Non-registered User for providing Services.
For the avoidance of doubt, it is hereby clarified that NTHS’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If WISHING WELL suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights WISHING WELL may have against such User, WISHING WELL reserves the right to inform the relevant government or law enforcement authorities. WISHING WELL will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
WISHING WELL 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 WISHING WELL 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 HSPs due to unforeseen circumstances, etc.
WISHING WELL reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
WISHING WELL reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.
Legal Compliances
WISHING WELL will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be entered by You or by a HSP in the course of services provided by WISHING WELL. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and HSP Acquired Users who are patients, and HSPs engaged by WISHING WELL shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. WISHING WELL may review this data from time to time for quality evaluation purposes. However, under normal circumstances, WISHING WELL will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
It is hereby clarified that WISHING WELL does not have the obligation to pre-screen or monitor User Content at any time. However, WISHING WELL may elect to monitor any User Content and may modify or remove any User Content from the Application if WISHING WELL determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where WISHING WELL removes any User Content from the Application, WISHING WELL will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. WISHING WELL shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. WISHING WELL will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.
WISHING WELL shall maintain a detailed transaction & purchase history of Users online.
WISHING WELL reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Your use of this Application shall be subjected to the following terms and conditions:
Without prejudice to the rights that WISHING WELL may have under other provisions of the Agreement, where WISHING WELL has reasons to believe that a User has violated a term or condition of the Agreement, then WISHING WELL shall, in its sole discretion:
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While WISHING WELL will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. WISHING WELL is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. WISHING WELL is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of WISHING WELL.
At the sole discretion of WISHING WELL the fees could also be paid offline and be either collected personally from the User or required to be mailed to WISHING WELL at the following address: 301 Magnum Tower, 2nd Cross lane, Lokhandwala complex, Andheri west, Mumbai – 400053.
All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to wishing wells’ designated bank account.
An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of WISHING WELL. In case the fees against Services are not received within the requested timeframe, WISHING WELL reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against WISHING WELL.
In order to process the payments, WISHING WELL might require details of Your bank account, credit card number etc. Please check our privacy policy AVAILBALE HERE on how WISHING WELL uses the confidential information provided by You.
WISHING WELL shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
WISHING WELL and HSP may occasionally promote their Services on the Application available for you to purchase. We try to encourage HSP to offer good quality Services and materials at competitive prices, but we have no control over them, we do not endorse the Services they offer, or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/offered for sale by the HSP’, as appearing in the Agreement, shall be construed solely as an ‘invitation to offer for sale’ by any such HSP.
Activation Policy
For Services that require activation, an executive will get in touch with You within 2 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
For Services that involve home visits, we will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule the home visit, you can select a preferred appointment date and time through the Application. While WISHING WELL does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.
Refund & Cancellation Policy
Cancellation and Refund Policy
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
By Using This Application, you hereby represent and warrant that:
WISHING WELL represents and warrants that:
You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by an HSP.
User may expect the anticipated benefits from the Services provided by WISHING WELL HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
WISHING WELL hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.
Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by WISHING WELL as per its sole judgment and in its sole discretion.
The Application and Services provided by WISHING WELL is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, WISHING WELL disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the WISHING WELL Content, representations and warranties made by WISHING WELL or any opinion or suggestion given or expressed by WISHING WELL or its contractors and agents (including HSPs).
Specifically, WISHING WELL disclaims any liability arising out of:
WISHING WELL assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
WISHING WELL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither WISHING WELL nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of WISHING WELL or its contractors and agents is proven.
Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application, you will require internet connectivity and appropriate telecommunication links. WISHING WELL shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.
I information regarding HSP and Services.
Information regarding HSP and WISHING WELL Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.
WISHING WELL DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR WISHING WELL CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.
WISHING WELL MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
WISHING WELL ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR WISHING WELL TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. WISHING WELL IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
WISHING WELL DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
WISHING WELL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF WISHING WELL DUE TO TECHNICAL REASONS OR THIRD-PARTY ACTIONS.
To the fullest extent permitted by law, in no event will WISHING WELL or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not WISHING WELL has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 1000 or the amount of payment against Services that has been directly received by WISHING WELL from the User in the past three months whichever is lower.
You hereby agree to indemnify, defend, and hold WISHING WELL NTHS’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim., (iii) any negligent or intentional wrongdoing on Your part, (vi) misrepresentations or fraudulent feedback that has adversely affected WISHING WELL or its Users, (v) User’s actions resulting from the User’s viewing of Content on WISHING WELL Application, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Application and content within the Application
In the event where a User has breached the Agreement in WISHING WELL’s sole judgment or when WISHING WELL is unable to verify or authenticate any information provide by User to WISHING WELL or when or User fails to provide the consents necessary or desirable for WISHING WELL to provide the Services (or after providing such consent, later revokes), WISHING WELL reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, your right to use the features on the Application including Services shall immediately cease and WISHING WELL may permanently remove or delete Your information that is available with WISHING WELL including but not limited to login and account information.
WISHING WELL shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by WISHING WELL in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
This Agreement will remain in full force and effect while You use the Application in any manner or capacity.
You can terminate Your relationship with WISHING WELL at any time by providing ninety (90) days’ prior written notice at support.calladoc@wishingwellcorp.com. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. WISHING WELL may require User to continue until the completion of an on-going Service should the situation warrant.
WISHING WELL may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice Wishing wells’ right to refuse Service to You without providing any reason.
WISHING WELL may terminate the Agreement without notice and with immediate effect were, in the sole opinion of WISHINGWELL:
WISHING WELL reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. WISHING WELL may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason. WISHING WELL may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.
The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Mumbai, Maharashtra, India. Subject to the aforesaid, the competent courts of Mumbai, Maharashtra shall have jurisdiction to grant urgent interim reliefs to the parties.
The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:
No term of the Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: WISHING WELL shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond Wishing well’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: WISHING WELL shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of WISHING WELL the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Conflict: In the event there is any conflict between the terms of the Agreement, the following order of prevalence shall apply: (i) any additional Service-specific terms and conditions that may be agreed by You (ii) Privacy Policy (iii) the Terms of Use and (iv) any other policies applicable to specific pages of the Application.
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: WISHING WELL 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 WISHING WELL.
When WISHING WELL updates the Agreement, we will notify you through an email. Alternatively, WISHING WELL may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
When WISHING WELL updates the Agreement, we will notify you through an email. Alternatively, WISHING WELL may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
These Terms of Use were last updated on: 10/5/2021
The terms in this Clause are applicable only to Practitioners.
WISHING WELL ensures easy access to the Practitioners by providing a tool to update your profile information. WISHING WELL reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, WISHING WELL takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using WISHING WELL ’s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, WISHING WELL may modify or delete parts of your profile information at its sole discretion with or without notice to you.
WISHING WELL has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. WISHING WELL shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by WISHING WELL.
WISHING WELL reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, WISHING WELL will not be liable for the accuracy of information or the claims made in the Sponsored ads. WISHING WELL does not encourage the Users to visit the Sponsored ads page or to avail any services from them. WISHING WELL will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility and WISHING WELL accepts no liability for the same.
Practitioner understands that, WISHING WELL shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of WISHING WELL.
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
In recognition of the various offerings and services provided by WISHING WELL to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow WISHING WELL to include a brief description of the services provided to Practitioner in WISHING WELL ’s marketing, promotional and advertising materials; (b) allow WISHING WELL to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to WISHING WELL ’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials
The Terms stated here in for Practitioners are required to be read in conjunction and addition with the applicable user terms under the Standard Policies. In case of any inconsistency between the Practitioner Terms and the Standard Policies, the Terms of the standard policy will prevail to the extent of the inconsistency.