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WellBeeng (referred to as “we”, “us”, “A Bridge to Awakening”) is the author and publisher of the internet resource https://wellbeeng.com (referred to as "Website" on the world wide web as well as other connected software and mobile applications provided by WellBeeng, including but not limited to the mobile applications (referred to as “App”, and together with Website referred to as “Services”). WellBeeng provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners

 

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these Terms and Conditions (“Terms”), End User License Agreement ("EULA") available at https://wellbeeng.com/eula.html, Refunds & Cancellations Policy ("Refunds & Cancellations") available at https://wellbeeng.com/refundsncancellations.html,  and the Privacy Policy available at https://www.wellbeeng.com/privacy_policy.html (“Privacy Policy”) and before you decide to access the Website and or the Mobile App or avail the Services made available by us. These Terms and Conditions, End User License Agreement, Refunds & Cancellations Policy, and the Privacy Policy combined, constitute a legal agreement (“Agreement”) between you and WellBeeng in connection with your visit to the Website and or the Mobile Application and your use of the Services (as defined below).

The Agreement applies to you whether you are –


 

A Healer / Counsellor / Life Coach / Therapist / Psychiatrist / Psychologist / Medical Doctor or anyone who specialises in the field of wellness (“you” or “Experts”); or

A Seeker / User of the Website or App (“you” or “User”).


This Agreement applies to all services made available by WellBeeng on the Website or App.

The Services may change from time to time, at the sole discretion of WellBeeng, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a user / member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@wellbeeng.com.

By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in the Agreement and agree to fully abide by them.

You acknowledge and agree that by clicking on the accept button or similar buttons or links as may be designated by us to show these terms and/or to install the mobile application, you are entering into a legally binding contract.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, End User License Agreement, Disclaimers, Privacy Policies and other policies applicable in general and/ or to specific areas of this Website and or the mobile application, or to particular Service are also considered as part of the Agreement.

You will not be permitted to use the application and the associated services unless and until you accept this agreement and any other rules or policies that may create and make available on this application or website from time to time.

You represent and warrant that you are authorized to enter into this agreement on behalf of yourself and/or the entity that you purport to represent and you agree your registration data is current, complete, and accurate. This agreement will commence on the date that you complete the installation of the software /application

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website and or the mobile application, or avail any Services.

Your access to use of the Mobile  Application and or the Website and the Services will be solely at the discretion of WellBeeng.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

 the Indian Contract Act, 1872,
 the (Indian) Information Technology Act, 2000, and

 
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”).

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to WellBeeng that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

END-USER ACCOUNT AND DATA PRIVACY


 
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy

 
WellBeeng and its Partners may by the Services, collect information relating to the devices through which you access the Website and or mobile app, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

 
The Website and the App allows WellBeeng and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
The Privacy Policy sets out :
  The type of information collected from Users, including sensitive personal data or information;
  The purpose, means and modes of usage of such information;
  How and to whom WellBeeng will disclose such information; and,
  Other information mandated by the SPI Rules.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
  the fact that certain information is being collected
  the purpose for which the information is being collected
  the intended recipients of the information
  the nature of collection and retention of the information; and
  the various rights available to such Users in respect of such information

 
WellBeeng and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by platform Users to WellBeeng or to any other person acting on behalf of WellBeeng or its Partners.

 

 
The platform User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify WellBeeng of any actual or suspected unauthorized use of the User’s account or password. Although WellBeeng will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WellBeeng or others due to such unauthorized use.

 
 
If any User of the platform, provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or WellBeeng has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WellBeeng has the right to discontinue the Services to the User at its sole discretion.

 
 
It is your responsibility to keep your correct mobile number and email ID updated in the App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. WellBeeng is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
  WellBeeng and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

 
 
 
WellBeeng may now or in the future provide Services where you may be able to converse with WellBeeng, its authorized representatives, its expert users or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in WellBeeng or its Partners servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. WellBeeng and its Partners accept no liability if you choose to use such a facility to interact with experts or if the facility is not used in accordance with the foregoing.

 
You may be provided with a personal wellness record facility to add, modify, delete and manage your wellness related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy :
  This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
  Information available in your Wellness Account is of two types:
      1. User-created: Information & media generated and uploaded by you.
   
 
2.
 
Experts-created: Information generated by your consuming any service in a WellBeeng centre like seeking advise / support, messaging, joining / participating in Events (Live or Virtual), Live Sessions, etc.
 

Any WellBeeng - created information is provided on an as-is basis and WellBeeng makes no representation in connection therewith.
 
 
 
The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless WellBeeng and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Website or App.
 
 
The personal wellness record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, WellBeeng or its Partners are not liable for any interruption that may be caused to your access of the Services.
 
 
 
 
Any wellness related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your wellness. WellBeeng is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your wellness is impacted negatively due to the same.
 
 
 
WellBeeng uses industry–level security and encryption to your personal wellness record. However, WellBeeng cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@wellbeeng.com.
 
 
 
If you access your dependents’ record through your personal wellness record by registering your dependents with your own personal wellness record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal wellness record.
 
 
 
If you provide anyone else access to your personal wellness record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal wellness record either on their own or independently. WellBeeng or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.

LISTING CONTENT AND DISSEMINATING INFORMATION


 
 

WellBeeng collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. WellBeeng takes reasonable efforts to ensure that such information is updated at frequent intervals. WellBeeng cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.


 
  
 
 
 
 

The Services provided by WellBeeng or any of its Partners are provided on an “as is” and “as available’ basis, 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). WellBeeng and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. WellBeeng and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, WellBeeng and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by WellBeeng or its Partners or any User in relation to any User or services provided by such User.


 
 

The Website or App may be linked to the website of third parties, affiliates and business partners. WellBeeng has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that WellBeeng endorses the linked site. User may use the links and these services at User’s own risk.


 
 
WellBeeng and its Partners assume 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 Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.

 
 
 
If WellBeeng determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, WellBeeng reserves the right to immediately suspend your access to the Website or any of your accounts with WellBeeng and makes such declaration about suspension on the website alongside your name as determined by WellBeeng for the protection of its business and in the interests of Users. You shall be liable to indemnify WellBeeng and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected WellBeeng, its Partners or its Users.

BOOKING LIVE SESSIONS, AND INTERACTION WITH EXPERT USERS


 
 
 
While WellBeeng will try to ensure a confirmed appointment with a expert user (like a Healer, Counsellor, Psychiatrists, Psychologists, Life Coaches or anyone who specialises in the field of wellness) for a User who requested an appointment on the App, WellBeeng or its Partners do not guarantee that the User will get a confirmed appointment. Further, WellBeeng and its users have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the expert user due to not being available as per the given appointment time.

 
WellBeeng or its expert users may provide value added services which connect platform Users directly to the expert users via video call, online chat or other electronic means and the information exchanged between the seeking User and the expert users is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.

 
 
 
 
 
 
You understand and agree that any interactions and associated issues with other Users including but not limited to your wellness issues and your experiences is strictly between you and the other Users. You shall not hold WellBeeng or its users responsible for any such interactions and associated issues and WellBeeng will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any wellnesscare or medical advice or diagnosis and hence WellBeeng and its users are not responsible for any other outcomes between you and the expert users you interact with, pursuant to any interactions on the App. If you decide to engage with a expert user to provide Counsellor services to you, you do so at your own risk. WellBeeng or its users shall not be responsible for any breach of service or service deficiency by any service provider you connect, engage or transact with using the App. We advise you to perform your own investigation or get feedback prior to selecting a expert user or any other Healer, Counsellor, Psychiatrist, Psychologist, Life Coach available on the App.
Without prejudice to the generality of the above, WellBeeng or its users will not be liable for :
 
 
any wrong counselling being given by the Healer(s), Counsellor(s), Psychiatrist(s), Psychologist(s), Life Coach(es), Therapist(s), and other Experts', negligence on part of the any of the above;
 
 
any type of inconvenience suffered by the User due to a failure on the part of the expert user providing to make himself/herself available at the appointed time, no show by the expert user, inappropriate counselling, or similar difficulties;
  cancellation or rescheduling of booked appointment or any variance in the fees charged;
 
 
any medical eventualities that might occur subsequent to using the services of a Healers, Counsellors, Psychiatrists, Psychologists, Life Coaches, whom the User has selected on the basis of the information available on the App or with whom the User has booked an appointment or performed a transaction through the App.

 
 
 
Further, WellBeeng 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 another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at WellBeeng’s sole discretion and may be modified or withdrawn at its sole discretion. WellBeeng may moderate such feedback at any time. WellBeeng shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

 
 
the event that you provide WellBeeng with feedback regarding the use, operation or functionality of the application ("feedback"), including but not limited to information about services, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to us all rights in the feedback and agree that we shall have the right to use the feedback and related information in any manner we deem appropriate.

ONLINE PAYMENT ON WEBSITE AND APP
 
The App provides you the ability to pay online through a third party payment gateway for some of the Services available on the App.

 
 
 
If you choose to pay online, you may be directed to a third party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third party payment gateway. WellBeeng shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

CANCELLATION AND REFUND POLICY


 
 
 
 
 
In the event that, the Healers, Counsellors, Psychiatrists, Psychologists, Life Coaches with whom User has booked a paid appointment via the App, has not been able to meet the User, User will need to write to us at support@wellbeeng.com within three business days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the App will be refunded to the User within the next fourteen business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a service provider, without cancelling the appointment beforehand with at least 72 hours notice, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the service provider), you would not be entitled to complete refund even if you have cancelled beforehand. In case of no show by the User without prior information, there will be no refunds whatsoever.

 
 
Users will not be entitled for any refunds in cases where, the expert user provider is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the counselling services from the said service provider.

DOCTOR PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
 


 
 
 

Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information” that may be available on the App (including information provided in direct response to your questions or postings) may be provided by individuals in the healing profession. The provision of such Information does not create a licensed medical professional / patient relationship, between WellBeeng and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical / wellness care from a qualified practitioner.

 
 


It is hereby expressly clarified that, the Information that you obtain or receive from WellBeeng, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall WellBeeng be liable to you or anyone else for any decision made or action taken by you in reliance on such information.


 
 
The Services are not intended to be a substitute for getting in touch with emergency wellness care. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

 

 
The material provided is not intended to create, and the receipt of it does not constitute, a physician-patient relationship. Any email generated from this website may not be secure and is not intended to create, and the receipt of it does not constitute, a physician-patient relationship. Email communication is not intended as a substitute for consultation with a physician.


 
 
 
 
 
 
This application is not intended to and does not provide medical advice, professional diagnosis, opinion, treatment or services. Nothing herein is intended to convey an offer or undertaking to prevent, diagnose, correct or treat, in any manner, by any means, method or device, any human disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition, injury, deformity or ailment, including the management of pregnancy and parturition. Nothing herein should be construed as rendering a determination of medical necessity or appropriateness of proposed treatment. Every actual medical situation — emergency or non-emergency — is unique to each individual and requires the clinical judgment of a qualified physician. Should you have any wellness care-related questions, whether about this website’s Content or otherwise, you should contact a physician to arrange a consultation. If you think you may be experiencing a medical emergency, you should call a physician immediately.

 
You agree and acknowledge that Your relationship with WellBeeng is not a confidential, fiduciary or other special relationship.

SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
 
The contents listed on the App are :
 

User generated content, or
 

Belong to WellBeeng and its registered Users.

 
 
 
 
 
 
 

The information that is collected by WellBeeng directly or indirectly from the Users shall belong to WellBeeng and its Partners including any user generated content. In case you have any copyright claim under the law on any content you create inside WellBeeng’s App or post there as a part of discussion or interaction with other Users, you agree to transfer all such rights to WellBeeng without qualification, univerversally and in perpetuity, in lieu of being able to access the website. You agree not to publish any content on WellBeeng that will violate the copyright of another person or entity and in case WellBeeng becomes aware of such content WellBeeng will be free to remove such content and to even prevent you from continuing to access the website to prevent future violations. Copying of the copyrighted content published by WellBeeng or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and WellBeeng and its Partners reserve their rights to take action under applicable law accordingly.


 
 
 
 
WellBeeng authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “WellBeeng Content“), are the property of WellBeeng or its Partners and are protected under copyright, trademark and other applicable laws. Users shall not modify the WellBeeng Content or reproduce, display, publicly perform, distribute, or otherwise use the WellBeeng Content in any way for any public or commercial purpose or for personal gain.

 

User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

REVIEWS AND FEEDBACK

By using this Website and the App, you agree that any information shared by you with WellBeeng or with any other person, medical service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of WellBeeng in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. WellBeeng disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. WellBeeng shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.

Your uploading any content shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization, or (b) that is defamatory, trade libelous, unlawfully threatening or harassing, pornographic, obscene or harmful to minors, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising or (d) that contains any viruses, worms or any other software intended to damage or alter a mobile or computer system or data. No content can be edited once it is uploaded to the website/application. Content that if it is determined by us in our sole discretion that breaches of any of the representations and warranties and covenants set forth above have been made, you agree to indemnify and hold us and and our agents, officers, employees, suppliers, service providers and partners harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.

Your publication of reviews and feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. WellBeeng, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that WellBeeng may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of :

Obtaining feedback in relation to Website, App or WellBeeng’s services; and/or
Obtaining feedback in relation to any medical service providers on the Website or App; and/or
Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by WellBeeng.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

By using this Website, you agree that any information shared by you with WellBeeng or with any other person, service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of WellBeeng in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. WellBeeng disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. WellBeeng shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.

Your publication of reviews and feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to post or publish any content on the Website that
(a) infringes any third-party intellectual property or publicity or privacy rights, or
(b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. WellBeeng, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that WellBeeng may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of :
 

a.

WellBeeng hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    belongs to another person and to which the User does not have any right to;
    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    harm minors in any way;
    infringes any patent, trademark, copyright or other proprietary rights;
    violates any law for the time being in force;
    deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    impersonate another person;
    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

b.

Users are also prohibited from :
    violating or attempting to violate the integrity or security of the Website, App or any WellBeeng Content;
   
 
transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by WellBeeng;
    intentionally submitting any incomplete, false or inaccurate information
    making any unsolicited communications to other Users
   
 
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
    copying or duplicating in any manner any of the WellBeeng Content or other information available from the Website or App;
    framing or hot linking or deep linking any WellBeeng Content
   
 
 
 
 
 
 
WellBeeng or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. WellBeeng is entitled to act within six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. WellBeeng shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
   
 
 
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, WellBeeng has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.
   
 
 
WellBeeng may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. WellBeeng will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
   
 
Notwithstanding anything else, WellBeeng may use Photos, Results and Testimonials from Users to promote itself without requiring any further authorization as per consent given in this Terms of Use.
    You acknowledge that WellBeeng has no obligation to review the content that may be provided by you.

INTELLECTUAL PROPERTY RIGHTS


 
 
 
 

The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website or App are the property of WellBeeng or its Partners or have been licensed to WellBeeng or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by WellBeeng or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from WellBeeng or its Partners.


 

You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to WellBeeng, its business, the Services, that You may gain access to during the course of accessing and using the Services.


 
 
 
 
 

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from WellBeeng.

TERMINATION


 

WellBeeng reserves the right to suspend or terminate a User’s access to the Website, App and the Services with or without notice and to exercise any other remedy available under law where:
  Such User breaches any terms and conditions of the Agreement;
  A third party reports violation of any of its right as a result of your use of the Services;
  WellBeeng is unable to verify or authenticate any information provide to WellBeeng by a User
  WellBeeng has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  WellBeeng believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for WellBeeng or its Partners or are contrary to the interests of the Website.
  A User has uploaded content that contains material
    a. protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization,
    b. that is defamatory, trade libellous, unlawfully threatening or harassing, derogatory, pornographic, obscene or harmful to minors as well as adults. We have no tolerance for objectionable content or abusive users.
    c.

that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti - discrimination, or false advertising or

    d. that contains any viruses, worms or any other software intended to damage or alter a mobile or computer system or data

 
 
 
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

 
In the event of a termination of this agreement, (a) those sections that by their nature are intended by the parties to survive shall survive and continue in effect to the extent necessary to protect the rights of the parties and you shall cease all use of the application forthwith.

DISCLAIMER OF WARRANTIES


 
 
 
All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. WellBeeng and its Partners will not be responsible for the same. Further WellBeeng and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information


 
 
The Information does not constitute an invitation or recommendation to take medical services from WellBeeng or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. WellBeeng urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.

 
 
 
 
All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall WellBeeng or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.

 
 
 
You acknowledge that the application provided may contain bugs and errors. The software provided to you "as is" and any use of the software is at your own risk. To the extent legally permitted under the applicable law, WellBeeng disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third party rights, merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

INDEMNITY

User agrees to indemnify and hold harmless WellBeeng, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. WellBeeng will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

LIMITED LIABILITY

WellBeeng shall not be held liable for any failure or delay in performing the Services where such failure arises as a result of any act or omission, which is outside their reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, not limited to: war, riot, virus/cyber attack, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (“Force Majeure”).

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.

 
Subject to the above Paragraph above, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website, App or the Services or the information to which it gives access.

 
 
 
 
Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this agreement may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief.. You acknowledge that any breach of this agreement by you would cause irreparable injury to WellBeeng for which monetary damages would not be an adequate remedy and, therefore, WellBeeng will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction at Mumbai.

CONTACT INFORMATION GRIEVANCE OFFICER


 

If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at support@wellbeeng.com.


 
 
 
 
 
 
 

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact us at:
WellBeeng Technologies Pvt. Ltd.
A-3, Bhagwati,
Linking Road,
Santacruz (W),
Mumbai – 400 054.
Email: support@wellbeeng.com

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this 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.

NON ASSIGNABILITY

This agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this agreement shall be binding upon assignees.

THE ENTIRE AGREEMENT

This agreement including terms and conditions and the privacy policy, which are hereby incorporated by reference, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing and signed by or on behalf of us.

WAIVER


 
 

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by WellBeeng. Any consent by WellBeeng to, or a waiver by WellBeeng of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Refer to Refund & Cancellations of Fees paid towards any service
At WellBeeng, sessions / any other service is non-transferable.

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