Terms of use

Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.

1.What is Truwellth?
  1. The domain name www.truwellth.in, an internet based portal is operated by Truwellth Integrative Healthcare LLP, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Company”) having registered office at 5, Ahilya, Ghantali Devi Road, Thane – 400604, MH, India. The domain name is referred to as the “Website”.
  2. Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as the “User”) on one part and company on the other Part.
  3. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
  4. The Website is a platform that facilitates (i) online purchase of products sold by various third party sellers (“Third Party Sellers”)and by the Company; (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors & other healthcare professionals (“Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Sellers, Third Party Labs, Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of products by the Company and the Information Services are collectively referred to as the “Services”).
  5. The arrangement between the Third Party Service Providers, User and Company shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Company, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, Truwellth shall send to You (promotional content including but not limited to emailers, notifications and messages).
  6. You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
  7. Company reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
  8. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to company that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
  9. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
    1. the Indian Contract Act, 1872 (“Contract Act”);
    2. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
    3. the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
  10. Company authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided bycompany including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Company Content”) (collectively, “Content”). The company Content is the property of Truwellth and is protected under copyright, trademark and other applicable law(s). You shall not modify the Truwellth Content or reproduce, display, publicly perform, distribute, or otherwise use the  Content in any way for any public or commercial purpose or for personal gain.
  11. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
  12. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2.ELIGIBILITY
  1. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by company in this regard. As part of the registration process, company may collect the following personal information from You:
    1. Name;
    2. User ID;
    3. Email address;
    4. Address (including country and ZIP/ postal code);
    5. Gender;
    6. Age;
    7. Phone number;
    8. Password chosen by the User;
    9. Valid financial account information; and
    10. Other details as You may volunteer.
  2. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to the company that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
  3. A registered id can only be utilized by the person whose details have been provided and company does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
  4. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify company if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
  5. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
  6. Company, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while company investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
3. USE OF SERVICES AND THE WEBSITE

E-Commerce Platform for Healthcare Products –

  1. Platform to facilitate transaction of business:
    1. Through the Website, company facilitates the purchase of healthcare & other products, and services offered for sale by Third Party Sellers (“Goods and Services”). You understand and agree that company and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Sellers, are third party user generated contents and third party products. Truwellth has no control over such third party user generated contents and/  Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Goods and Services made available by the Third Party  through the Website shall be the sole responsibility of the Third Party Services. You understand and agree that company shall have no liability with respect to the authenticity of the Goods and Services being facilitated through the Website. 
    2. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the  Goods and Services which are offered by and agreed to between You and the Third Party Sellers 
    3. The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Goods and Services offered for sale by the Third Party Sellers, and after sales services related to such Goods and Services are as provided by the Third Party Seller. Truwellth does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Seller.
  1. Representation as to legal title
    1. Company does not make any representation or warranty as to legal title of the  Goods and Services offered for sale by the Third Party Seller on the Website.
    2. You agree and acknowledge that the ownership of the inventory of such Goods and Services shall always with the Third Party , who are advertising or offering them for sale on the Website and are the ultimate sellers.
    3. You agree and acknowledge that the Third Party Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Seller do not have the sole and exclusive legal ownership over the Goods and Services that have been offered for sale on the Website by such Third Party. 
  1. Non-Performance of Contract   You accept and acknowledge the following:
    1. Truwellth is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Seller for purchase and sale of goods or services offered by such Third Party on the Website;
    2. The Third Party Seller are solely responsible for ensuring that the Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Truwellth is not responsible if the Third Party Seller(s) does not satisfy the contract for sale Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
  1. Exhibition of products and publication of Third Party content on the Website
    1. The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any product being offered for sale by the Third Party on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
    2. You acknowledge and agree that such Third Party shall be solely responsible for ensuring that such Third Party Content made available regarding the Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Seller(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that Truwellth provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check.
4. Advertising Guidelines for the Website –
    1. As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
      1. For the Users: Truwellth clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as “sponsored”, “from our Advertisers” or “advertisement”. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
      2. For the Third Party Advertisers:The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
      3. General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. Truwellth may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Truwellth may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
      4. Review: All the advertisements are subject to the review and approval of Truwellth. Truwellth reserves the right to reject or remove any advertisement in its sole discretion for any reason. 
      5. Prohibited Content:The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
        1. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
        2. content depicting nudity, sexual behaviour, or obscene gestures;
        3. content depicting drug use;
        4. content depicting excessive violence, including the harming of animals;
        5. shocking, sensational, or disrespectful content;
        6. deceptive, false or misleading content, including deceptive claims, offers, or business practices;
        7. content that directs users to phishing links, malware, or similarly harmful codes or sites; and
        8. content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
        9. content that violates any law for the time being in force.
      6. Prohibited Advertisements:Advertisements for the following products and services are prohibited:
        1. adult products and services (other than contraceptives; see below);
        2. cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
        3. products or services that bypass copyright protection, such as software or cable signal descramblers;
        4. products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
        5. get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
        6. illegal or recreational drugs or drug paraphernalia;
        7. counterfeit, fake or bootleg products, or replicas or imitations of designer products;
        8. firearms, weapons, ammunition, or accessories;
        9. advertisements that promote particular securities or that provide or allege to provide insider tips;
        10. any illegal conduct, product, or enterprise;
        11. unapproved pharmaceuticals and supplements;
        12. prescription drugs;
        13. products that have been subject to any government or regulatory action or warning;
        14. products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
        15. material that directly advertises products to or is intended to attract children under the age of 13.
      7. Testimonials & Endorsements:
        1. any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser’s results were atypical or if the endorser was paid;
        2. a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
5. Editorial Policy for the Website –
    1. As part of the Services, Truwellth provides own Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Truwellth Content is subject to the following rules/ information:
    2.  Content is original and is relevant to the general public;
    3.  topics for own Content are selected by Our qualified experts consisting of medical experts, nutrition experts, pharmacist and healthcare professionals;
    4. Truwellth maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
6. Diagnostics Services –
  1. As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:
  2. Terms for use of the Diagnostic Services:
    1. Truwellth provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. Truwellth is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    2. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and Truwellth shall have no liability or responsibility in this regard. Truwellth does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
    3. Truwellth may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while Truwellth investigates complaints or alleged violations of these Terms of Use, or for any other reason.
7. Terms for use of the Online Doctor/Health Consultancy Services:
  1. Truwellth is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Truwellth’s Medical Experts are not “Your” physician or healthcare provider.
  2. You acknowledge that the Medical/Healthcare Experts empanelled with Us are independent contractors and thereby Truwellth has an independent contractor relationship with such Medical/Healthcare Experts and therefore in no event Truwellth will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
  3. You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist.
  4. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
  5. Truwellth is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Truwellth You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
  6. Even if Your real life doctor is on Truwellth, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
  7. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
  8. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Truwellth shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
  9. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Truwellth, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Truwellth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Truwellth.
  10. The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Truwellth disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
  11. Truwellth (the owners and the employee staff of Truwellth), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
  12. Truwellth makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Truwellth employees. Truwellth is not responsible for transmission errors, corruption of data.
  13. Truwellth is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
  14. The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Truwellth profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
  15. Your right to use the Services is not transferable.
  16. The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Truwellth for the purposes of monitoring the quality of the consultation.
  17. Truwellth may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while Truwellth investigates complaints or alleged violations of these Terms of Use, or for any other reason. Truwellth has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.
  18. The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website are not diagnostic in nature.
8. OTHER TERMS
  1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
    1. Your Truwellth profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
    2. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Truwellth record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Truwellth reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Truwellth’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
    3. Truwellth shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Truwellth or any other person acting on behalf of Truwellth.
    4. The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Truwellth from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
    5. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether authorized by the Users. The Users shall immediately notify Truwellth of any actual or suspected unauthorized use of the Users’ account or password.
    6. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Truwellth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Truwellth shall have the right to suspend or terminate such account at its sole discretion.
    7. Truwellth may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer.
    8. By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and by the Third Party Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Third Party Service Providers.
  2. 2. Payment, Fees and Taxes:
    1. Registration on the Website and the access to the information provided on the Website is free. You agree to make all payments directly to the respective Third Party Sellers for purchase of Goods and Services from such Third Party Sellers and to the Company. The Third Party Sellers may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold Truwellth responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party sellers or the collection agents or for any actions/ omissions which are beyond the control of Truwellth.
    2. In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services.
    3. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Truwellth is in no way responsible for any of the taxes except for its own income tax.
    4. The subscription fees for the Services, if any charged by Truwellth, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Truwellth is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of Truwellth.
    5. Truwellth reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
    6. In order to process the payments, Truwellth might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Truwellth uses the confidential information provided by Users.
  3. 3. Return, Refund, Cancellation and Shipping charges:
    We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
  1. Liability
    1. Truwellth shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Truwellth, where Other Parties have consented to the making of such disclosures by Truwellth. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Truwellth shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Truwellth prior to its actual receipt of such revocation.
    2. The Other Parties shall not hold Truwellth responsible or liable in any way for any disclosures by Truwellth under Regulation 6 of the SPI Rules.
    3. The Services provided by Truwellth or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions. Truwellth does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Truwellth does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Truwellth Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
    4. The Website may be linked to the website of third parties, affiliates and business partners. Truwellth has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Truwellth endorses the linked website. Other Parties may use the links and these services at their own risk.
    5. Truwellth shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Truwellth shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
    6. Truwellth assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
    7. The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
    8. To the maximum extent permitted by applicable law(s), Truwellth, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
    9. Truwellth disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
    10. The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Truwellth reserves the right to retain such information for the purpose of providing Services to the Users.
    11. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
  1. Indemnity
    The Covenanters agree to defend, indemnify and hold harmless Truwellth, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
  1. Modification of Website
    Truwellth reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Truwellth will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
  1. Intellectual property rights
    All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
  1. Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Truwellth)
    1. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
      1. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
      1. not accessing the Website; or
      2. closing their accounts for all of the Services that they use.
    1. Truwellth reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
    2. breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
    3. Truwellth is unable to verify or authenticate any information provided to Truwellth by Other Party(s); or
    4. Truwellth believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Truwellth (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
    5. Truwellth is required to do so by law; or
    6. if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Truwellth to provide the Services to the Other Party(s); or
    7. The provision of the Services to the Other Party(s), or to the general public, is in Truwellth’s opinion, no longer commercially viable; or
    8. Truwellth has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
    9. Truwellth may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
    10. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
    11. Upon termination of these Terms of Use, Truwellth shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
    12. Truwellth reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if Truwellth is unable to verify or authenticate any information the Other Party(s) submits to Truwellth, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Truwellth to provide the Services to the Other Party(s).
    13. The right to terminate/ suspend the account is in addition to, and without prejudice to, Truwellth’s right to initiate action against the Other Party(s), in accordance with applicable law.
  1. 9. Force Majeure
    Other Parties accept and acknowledge that Truwellth shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Truwellth or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Truwellth’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Truwellth, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
  2. Governing Law and Dispute Resolution
    These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Thane. All disputes will be subject to arbitration at Thane in English by a sole arbitrator appointed by Truwellth under the Arbitration and Conciliation Act, 1996.
  3. Survival
    Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
  4. Severability
    If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
  5. Waiver
    No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Truwellth. Any consent by Truwellth to, or a waiver by Truwellth of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  6. Headings
    The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
  7. Contact Information
    If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@truwellth.in. If any Other Party(s) has any questions concerning Truwellth, the Website, these Terms of Use, or anything related to any of the foregoing, Truwellth can be reached at the following email address – info@truwellth.inor via the contact information available.