For the purpose of these Terms, wherever the context so requires:
1.1 “You” or “User” or “Your” shall mean any natural or legal person who is registered as a user on the Platform and using the Company’s service by providing Account Information (defined below) while registering on the Platform as a registered User. “WONDRx” is a brand of VVP Healthcare Evolution Pvt Ltd and has been referred as “We” or “Us” or “WONDRx” or “Company”.
1.2“Party” & “Parties” shall respectively be used to refer to the User and WONDRx individually and collectively, as the context so requires.
“Third Party” shall mean and refer to any individual(s), company or entity apart from the User and WONDRx.
1.3“App” or “Portal” shall mean and refer to a software applications (WONDRx App – For Doctors, WONDRx App – For Consumers, WONDRx App – For Providers) that users can download and install to access the functionalities and services under the brand name WONDRx.
1.4The “Website” or “Platform” refers to WONDRx accessible from (www.wondrx.com) owned and operated by M/s. VVP Healthcare Evolution Private Limited, a company incorporated under the laws of India (“Company”) having its registered office at 1812A, C wing 18th Floor, Kailas Business Park, Vikhroli-West, Mumbai 400083, Maharashtra (India). Use of the Platform/Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Company at its sole discretion and posted on the Platform/Website, including by way of imposing an additional charge for access to or use of any Service(s).
1.5“Products” shall mean those items listed for sale through the App/Website or any other Platform by the Company, including but not limited to digital pens, smart prescription pads, android tablets, apple tablets, charger etc.
1.6“Service(s)” shall mean and refer to the healthcare related services offered on the App/Website including but not limited to digitizing prescription, facilitation of uploading and adding prescriptions, facilitation of chat, internet & video calling between Users and doctors, uploading and maintaining health records. The Services may change from time to time, at the sole discretion of WONDRx, and the Agreement will apply to Your visit to and Your use of the Website to avail the Service, as well as to all information provided by You on the App/Website at any given point in time.
1.7 “Agreement” shall mean and refer to this Terms of Service and Privacy policy, including any amendments that may be incorporated into it.
“Account” means a unique account created for You to access Company’s Service or parts of Company’s Service.
“Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Membership”, “Account Membership”, “Registration” shall mean registration using a valid ID (as mentioned in Clause 3 of this Agreement) on the App/Website which would allow You to access Services, make purchases, on the App/Website subject to the Terms of the Company.
The Company shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. The revised Terms shall be made available on the Platform. Your use of the Platform and the Services provided on the Platform is subject to the most current version of the Terms made available on the Platform, at the time of such use. You are requested to regularly visit the Platform to view the most current Terms. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Platform and the Services. If no such separate consent is sought, Your continued use of the Platform, following changes to the Terms, will constitute Your express acceptance of those changes.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either Party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
2.1 Use of the Platform and the Services therein is available only to persons who can form legally binding contracts under Section 11 of the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the provisions of Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the App/Website.
2.2 The App/Website shall also not be available to any User suspended or removed from the Company’s system for any reason whatsoever.
2.3 If You do not confirm to the above qualification, it is advisable that You shall not access the Platform/Portal. By accessing and using this Platform/Portal, You represent and warrant that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
2.4 Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by the App/Website, through Your legal guardian, in accordance with the applicable laws of India.
2.5 Company reserves the right to terminate Your membership and/or refuse to provide You with access to the Platform if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years.
2.6 Company reserves the right to refuse access to use the services offered at the Platform to new users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
2.7 Access to the App/Website is only permitted on temporary basis and the Company reserves all the rights to withdraw, amend or terminate any service, any features within the App or the Website by notifying the same on our App/Website without any personal notice to the User.
2.8 We reserve the right to grant access of a few features of the App/Website only to users who have registered with us.
2.9 You shall not have more than one active account on the App at a time. WONDRx grants You the permission to use the Services as set forth in this Agreement but You are prohibited from copying or reverse engineering any part of the Services, selling, trading, or otherwise transferring Your account to another party without Company’s explicit written consent in this context.
3.1 The Company allows You to register with the Portal, access the content, utilise the features and avail the Services of the Portal. This is subject to You providing the required information to create an account (“Account Information”).
3.2 The User Account has to be created through company ID and Password. It could include facebook account, any google account, mobile number, any other integrated platform with WONDRx Portal or any other valid email ID.
3.3 Once You create an Account, it allows You to get Membership and You will be able to access and purchase Products on the App/Website subject to the Terms set out herein.
3.4 Use of any Services may also be subject to certain additional terms and conditions, if any (“Additional Terms”).
3.5 If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that specific Service.
3.6 The registration does not allow You to use email addresses displayed on the App/Website for any purpose other than that is specifically authorised by us.
3.7 You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, b) ensure that You exit/log out from Your Account at the end of each session. Company shall not be liable for any loss or damage arising from Your failure to comply with this provision of the Terms.
3.8 You may be held liable for losses incurred by Company or any other User of or visitor to the Portal/Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
3.9 The App/Website may allow restricted access to the Service for unregistered Users.
3.10 You shall ensure that the Account Information provided by You in the registration form is true, complete, accurate and up-to-date. Use of another User’s Account Information for accessing the Platform or availing the Services is expressly prohibited.
3.11 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Portal/Platform by You.
3.12 You confirm that You are the owner or authorised user of the bank account, debit card, credit card or any other payment mechanism used in the transactions on the App/Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your password/credit card number/debit card number/account details or any other payment information unless such misuse is solely and directly attributable gross negligence or fraud on the part of the Company.
4.1 By providing WONDRx Your email address, phone number, other information, You consent to :-
i) Us using the mobile number and email address provided by You to send You service related information or any information required by applicable laws of India to be communicated.
ii) Us using the mobile number and email address provided by You to reach out to You from time to time to share any updates and sales opportunities or promotional information. If You do not wish to receive the information, You may opt out of it by explicitly informing us about the same. You can do so by sending us an email on support@WONDRx.com.
iii) Us using mobile number and email address provided by You to fill in any orders placed by You or purchases made by You on the App/Website.
iv) by granting Us Your consent for abovementioned information and Your permission to be contacted through email or phone, the Company asserts to be indemnified against all or any liabilities that include financial penalties, damages or expenses in cases where Your mobile number is registered with Do not call (“DNC”) database.
4.2 By using this Website, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from us at any time We deem fit. Such communications shall be sent to You on the telephone number and/or email address provided by You for the use of this App/Website which are subject to our privacy policy. These communications include, but are not limited to contacting You through information received from Third Parties.
4.3 In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom we may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
4.4 The sharing of the information provided by You shall be governed by our Privacy Policy. For more details about the same, You may refer to the privacy policy of the Company available at (https://WONDRx.com).
5.1 The surfing of the Website is free of cost however the Apps (WONDRx Doctor App, WONDRx Provider App, WONDRx Consumer App) may have a charge as decided by the Company from time to time.
5.2 The User may have to pay for the Products and Services availed through the App/Website.
5.3 The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the App/Website and the Services available.
5.4 Certain services and use of certain features of the App/Website provided by Third Parties may be subject to a charge. However, we reserve the right to amend our fee policy and charges for Users accessing the Services of the App/Website.
5.5 You are advised to check the price before making any order for the Products/ availing any Services available on either the Website/App.
6.1 When You use the Services offered through the App/Website or purchase Products, You may be required to pay for them either on the App/Website or other modes of payment accepted by the Company.
6.2 To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP.
6.3 In the event of conflict between these Terms and the ESP's terms and conditions, these Terms shall prevail.
6.4 The following payment options are/or may be made available on the Website: 1. Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card, Amex Card networks, RuPay Card. 2. Debit Cards – Visa, MasterCard, , RuPay card and other options available on the App/Website, 3. Net banking/Mobile Banking/Direct Debit payments from select banks in India. (A list of available options will be made available at the time of ‘checkout’ on the App/Website), 4. E-Wallet , Google Play Billing Account, iTunes Account. 5. UPI payments and QR Code – GooglePay, PhonePay, other UPI options available on the App/Website, 6. Demand Draft, Cheque or Cash Payment.
6.5 The User is hereby expressly made aware that their card statements will reflect that a payment has been made in favour of Company.
6.6 The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
7.1 The transactions on the App/Website or any of Company’s platform are secure and protected. Any information entered by the User when transacting on the App/Website is encrypted to protect the User against unintentional disclosure to Third Parties.
7.2 The user’s credit card, debit card or any other payment mechanism information is not received, stored by or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with
8.1 The User undertakes to fulfil the following obligations. Failure to fulfil any of these obligations gives Us the right to permanently suspend Your Account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us. You agree to ensure the email address and mobile phone number provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
8.2 The User agrees to comply with all local laws and regulations governing the downloading, and/or use of the App or Website, including, without limitation to, any usage rules set forth in this Agreement.
8.3 The User understands that any content on this App/Website and particularly any such content relating to medical conditions and their treatment is solely for general informational purposes and is not intended as, shall not be construed to be, and is no substitute for the advice provided by a qualified and practicing expert medical professional.
8.4 The User must never ignore qualified medical guidance or treatment or postpone seeking qualified medical diagnosis or treatment because of data on the App or Website.
8.5 The material on the App/Website should not be utilized in lieu of an appointment, call, consultation, or guidance to, with, or from a qualified healthcare professional, inclusive of a personal physician.
8.6 The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the App/Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms.
8.7 Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the App/Website by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the App/Website.
8.8 The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party/parties, nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material.
8.9 The User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the App/Website.
8.10 The User agrees that:
i. the Company may terminate the User’s access to or use of the WONDRx system and Services at any time if the Company is unable at any time to determine or verify the User’s qualifications or credentials.
ii. The User will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the WONDRx system from access, use or alteration and will always use the user credentials assigned to him/her or a member of the User’s workforce.
iii. The User is required to maintain appropriate security with regard to all personnel, systems, and administrative processes used by him/her or members of his/her workforce to transmit, store and process electronic health information through the use of the WONDRx system.
iv. The User will immediately notify the Company of any breach or suspected breach of the security of the WONDRx system, or any unauthorized use or disclosure of information within or obtained from the WONDRx system, and will take best possible action to mitigate the breach or suspected breach as the Company may direct, and will cooperate with the Company in investigating and mitigating such breach.
v. The User represents and warrants that he/she will, at all times during the use of the WONDRx system and thereafter, comply with all laws directly or indirectly applicable that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and use best efforts to cause all persons or entities under his/her direction or control to comply with such laws, including but not limited to the Information Technology Act, 2000 and the rules made thereunder.
vi. The User is at all times during the use of the WONDRx system and thereafter, solely responsible for obtaining and maintaining all patient consents, and all other legally necessary consents or permissions required to disclose, process, retrieve, transmit, and view the patient information.
vii. The Company does not assume any responsibility for the User’s use or misuse of patient information or other information transmitted, monitored, stored or received while using WONDRx. The Company reserves the right to amend or delete any material (along with the right to revoke any membership or restrict access) that in its sole discretion violates the above.
viii. The Company makes no representations concerning the completeness, accuracy or utility of any information or Services offered in the WONDRx Platform. The Company has no liability for the consequences to the doctor or his/her patients.
ix. The Company may provide the doctor’s reference to Users of the WONDRx system in case the User would require it.
9.1 You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the App/Website For the avoidance of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App/Website is not permitted. Should You want to engage in one or more such actions, prior permission from the Company must be obtained;
ii. Access (or attempt to access) the App/Website and/or the materials or Services by any means other than through the interface that is provided by the App/Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App/Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App/Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App/Website is prohibited.
iii. The User acknowledges and agrees that by accessing or using the App/Website Services, User may be exposed to content from other users or Third Parties that may be considered offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the App/Website. Further, You may report such offensive content to us at support@WONDRx.com.
iv. Use the App or the Website in any manner that may impair, overburden, damage, disable or otherwise compromise a) Company’s services; b) any other party's use and enjoyment of Company’s Services; or c) the services and products of any Third Party (including, without limitation to, the authorized device);
v. Use the Services or materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
vi. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vii. Engage in any activity that interferes with or disrupts access to the App/Website or the Services (or the servers and networks which are connected to the Portal/Platform);
viii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App/Website;
ix. Download any file posted on the App/Website that You know, or reasonably should know, cannot be legally distributed in such manner;
x. Probe, scan or test the vulnerability of the Website or any connected network, connected to the Portal/Platform, nor breach the security or authentication measures on the App/Website or any network connected to the App/Website. You may not reverse lookup, trace or seek to trace any information on any other user, of or visitor to, the App/Website, or exploit the Portal/Platform or Service or information made available or offered by or through the App/Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App/Website;
xi. Disrupt or interfere with the security of, or otherwise cause harm to, the App/Website, systems resources, servers or networks connected to or accessible through the App/Website or any affiliated or linked Platforms;
xii. Use the App/Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App/Website or other Third Parties;
xiii. Violate provision of the Bhartiya Nyaya Sanhita, 2023, Information Technology Act, 2000, any applicable laws or regulations for the time being in force within or outside Your home country;
xiv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; (like promoting discrimination based on race, religion, sex, disability, sexual orientation ot age)
xv. Threaten the unity, integrity, defence, security or sovereignty of Your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xvi. Disseminate information through the App/Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
xvii. Breach any duty of legal nature owed to the Third Party
xviii. The sole discretion to take down any content that doesn’t abide by the abovementioned guidelines lies with the Company. The company hereby reserves the right to take any action as required.
10.1 Upon using the Services from the App or visiting the Website,
i. You grant the Website permission to perform the following actions on the device You are accessing the Platform in or visiting the Website from.
ii. To read from, write on, modify and delete data pertaining to the App/Website on the device’s hard disk and/or external storage;
iii. To access information about networks, access networks including wi-fi networks, receive and send data through the network;
iv. To retrieve information about other Platforms running on the device the App/website has been using and access them;
11.1 All information, content, services and software displayed on, transmitted through, or used in connection with the App/Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Intellectual Property Rights"), as well as its selection and arrangement, is owned by the Company. You may use the Content only through the App or Website, and solely for Your personal, noncommercial use.
11.2 You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache.
11.3 You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content.
11.4 You may not scrape or otherwise copy our Content without permission.
11.5 You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the App/Website, not to insert any code or product or manipulate the content of the App/Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
11.6 The User is not granted any rights under any of company’s Intellectual Property Rights and any sort of unauthorised copying, selling or distributing the content of the Website/App is a violation of law.
12.1 The App/Website can be used in India. We make no representation that materials or content available through our App/Website is appropriate or available for use outside India.
12.2 If You access or use the App/Website from a country or location outside of the geographical borders from India, You are solely responsible for compliance with necessary laws and regulations for use of the App/Website.
13.1 We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the App/Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
13.2 The App/Website has no obligation to provide You with a copy of the information You or any other User provides on the App/Website or that the App/Website has accessed from the device.
13.3 Further, we reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the App or Website.
14.1 You agree to indemnify, hold harmless, and defend us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made us in connection with any claim arising from or related to:
14.2 Your use or any Third Party’s use via Your Account of the Service provided by the Platform and its content;
14.3 Your disclosure of information to any Third Party, either through the App/Website or otherwise. (Please refer to our privacy policy for more details in this regard);
14.4 Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
14.5 You agree to fully cooperate in indemnifying us at Your expense. You also agree not to reach a settlement with any party making such claim without our express written consent.
15.1 This Limitations of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
15.2 Access to the App/Website and the information contained on the system is provided on an "as is" and "as available" basis without any warranty of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User is solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the system, including inaccurate or incomplete information.
15.3 It is expressly agreed that in no event shall the Company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the Company has been apprised of the possibility or likelihood of such damages occurring.
15.4 The Company disclaims any and all liability for erroneous transmissions and loss of data/information resulting from communication failures by telecommunication service providers or the system.
15.5 The Company shall not be liable for Your access and use of the App/Website, any information contained on the App/Website, You or Your company's personal information or material and information transmitted over our system.
15.6 You agree and understand that the Website is not a service provider and does not provide any of the listed healthcare related services. It is a platform which facilitates the provision of the said services.
15.7 The Company makes no representations concerning the completeness, accuracy or utility of any information or Services offers on the App/Website.
15.8 The Company has no liability for the consequences to the doctor or his/her patients and partners or vice versa.
15.9 User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the App/Website in any manner whatsoever.
15.10 The Company cannot be held responsible in a court of law, for any situations of damages including but not limiting to medical damage or negligence arising in a User’s practice whether the situation arose as a result of information, knowledge, Products or Services obtained from the App or the Website.
15.11 The User agrees and undertakes that he/she is accessing the App/Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the App/Website, or accessing/using any information displayed thereon.
15.12 WONDRx does not provide medical advice and content and information available on its Platforms are not a substitute for medical advice from a healthcare practitioner. Website does not offer any subject matter expertise courses and does not intent to complement a User’s professional education in any manner.
15.13 WONDRx cannot be held responsible in a court of law, for any situations of medical negligence arising in a User’s practice whether the situation arose as result of information or knowledge obtained from networks/associations on digitized prescription or not.
15.14 The Company makes no representations as to the reliability, capability, or qualifications of any service provider or the quality, security or legality of any Services and disclaims any and all liability relating thereto.
15.15 The Company does not implicitly or explicitly support or endorse the procurement of any Service on the App/Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself, any service providers or Third Parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or Service availed of by the User from the App/Website.
16.1 You understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your Spam folder, or if You do not see the email, or if You have given us an incorrect email ID or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the App/Website to monitor any changes.
16.2 Your continued use of or access to the Services and or App/Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
16.3 We may also, in the future, offer new services and/ or features through the Portal/Platform. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
16.4 You understand that the Company, its agents or licensors, under no circumstances shall be liable to You on account of damages with respect to strict liability, contracts or tort.
16.5 You understand that the Company shall not be liable for losses or damages including but not limited to any kind of personal injury, be it direct, indirect, incidental, consequential or otherwise arising out of breach of any express or implied warranty or terms and conditions. In any of such cases, the liability of the Company shall be limited to the amount paid by You to subscribe to the Services provided by the Company on the App/Website.
16.6 The abovementioned damages include but are not limited to any loss of profits, business interruption, savings, loss of privacy or any other pecuniary loss, loss of data, loss of revenue, loss of use of app or any associated documents or equipment.
17.1 All disputes involving but not limited to rights conferred, compensation, refunds, and
other claims will be resolved through a two-step Alternate Dispute Resolution mechanism
described as follows:-
Stage 1: Mediation. i. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both Parties.
ii. Both Parties may raise a name for the sole mediator and in the case both Parties accept the proposed name, the said person shall be appointed as sole mediator.
iii. In case the Parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both Parties.
Stage 2: Arbitration. i. In case that mediation does not yield a suitable result or preferred by any one of the Parties, the dispute shall then be referred to arbitration proceedings the award of which shall be binding on both Parties.
ii. The arbitration board shall comprise three members – one appointed by each Party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, Maharashtra India.
iii. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
iv. The arbitration proceedings shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and its rules thereof (as amended from time to time).
17.2 The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the laws of India The Parties submit to the exclusive jurisdiction of courts in Mumbai for any actions and disputes.
Stage 1: Mediation. i. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both Parties.
ii. Both Parties may raise a name for the sole mediator and in the case both Parties accept the proposed name, the said person shall be appointed as sole mediator.
iii. In case the Parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both Parties.
Stage 2: Arbitration. i. In case that mediation does not yield a suitable result or preferred by any one of the Parties, the dispute shall then be referred to arbitration proceedings the award of which shall be binding on both Parties.
ii. The arbitration board shall comprise three members – one appointed by each Party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, Maharashtra India.
iii. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
iv. The arbitration proceedings shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and its rules thereof (as amended from time to time).
17.2 The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the laws of India The Parties submit to the exclusive jurisdiction of courts in Mumbai for any actions and disputes.
18.1 We encourage You to read the privacy policy, which is available at (https://wondrx.com)
and to use the information it contains to make informed decisions regarding Your personal
information.
18.2 Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the App or Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. 18.3 You acknowledge and agree that Your submission of such information is voluntary on Your part.
18.4 You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to us at any stage during Your use of the Portal or the Platform.
18.2 Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the App or Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. 18.3 You acknowledge and agree that Your submission of such information is voluntary on Your part.
18.4 You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to us at any stage during Your use of the Portal or the Platform.
18.1 If any User has any issue, question, concern or complaint regarding Our Services on the
App or Website, please contact us at support@WONDRx.com.
19.1 WONDRx shall have no liability to You for any interruption or delay, to access the
App/Website directly or indirectly resulting from circumstances or causes beyond, our
reasonable control including without limitation acts of God; any law, order or requirement of
any government agency or authority.
20.1 The Tablet/Pen/Hardware if leased from the Company, is leased for the professional and
support use only of Users purpose, to the doctors Registered on the WONDRx App – For
Doctors. No hardware is provided by the Company to other Users.
20.2 The Hardware Asset, if leased, is and shall be at all times the personal Hardware Asset of the Company and may not remove or alter nor allow to be removed of altered any words or marks so identifying the Hardware Asset.
20.3 No software may be loaded on the hardware (leased from the Company) that is not preapproved by Company. Company reserves the right to remove any unauthorized software from the computer.
20.4 User assumes all risk of damage to or loss of the Hardware Asset (if leased from the Company), however caused, while in transit before, during and after the term hereof.
20.5 User shall at its sole expense maintain the Hardware Asset (if leased from the Company) in good repair, appearance and functional order, and shall not use or permit the use of the Hardware Asset in any unintended, injurious or unlawful manner.
20.6 The User must follow the Company policy on acceptable computer and network use if the hardware is leased from the Company. A User may be subject to corrective action for failing to abide by such policies.
20.7 User agrees to abide by any limitations imposed by licenses accompanying the Hardware Asset. Company shall have the right, at any reasonable time, to inspect the Hardware Asset or observe its use.
20.8 Surrender - On the expiration or termination of this agreement, User shall, at its expense, assemble and return the Hardware Asset unencumbered to Company at the address mentioned in the agreement, or at such other reasonable place as Company specifies, in the same condition, appearance and functional order as received, reasonable wear excepted.
20.9 Reasonable wear does not include damage caused by improper installation; improper connection with any peripheral, external. electrical fault or surge, accident disaster, misuse, abuse or modifications to the computer
20.2 The Hardware Asset, if leased, is and shall be at all times the personal Hardware Asset of the Company and may not remove or alter nor allow to be removed of altered any words or marks so identifying the Hardware Asset.
20.3 No software may be loaded on the hardware (leased from the Company) that is not preapproved by Company. Company reserves the right to remove any unauthorized software from the computer.
20.4 User assumes all risk of damage to or loss of the Hardware Asset (if leased from the Company), however caused, while in transit before, during and after the term hereof.
20.5 User shall at its sole expense maintain the Hardware Asset (if leased from the Company) in good repair, appearance and functional order, and shall not use or permit the use of the Hardware Asset in any unintended, injurious or unlawful manner.
20.6 The User must follow the Company policy on acceptable computer and network use if the hardware is leased from the Company. A User may be subject to corrective action for failing to abide by such policies.
20.7 User agrees to abide by any limitations imposed by licenses accompanying the Hardware Asset. Company shall have the right, at any reasonable time, to inspect the Hardware Asset or observe its use.
20.8 Surrender - On the expiration or termination of this agreement, User shall, at its expense, assemble and return the Hardware Asset unencumbered to Company at the address mentioned in the agreement, or at such other reasonable place as Company specifies, in the same condition, appearance and functional order as received, reasonable wear excepted.
20.9 Reasonable wear does not include damage caused by improper installation; improper connection with any peripheral, external. electrical fault or surge, accident disaster, misuse, abuse or modifications to the computer
21.1 Company assumes no responsibility for the condition, safeness, usability, repair, fitness
or merchantability of the hardware assets and makes no representation or warranties, express
or implied.
21.2 By signing this agreement, user states that it has fully accepted and takes possession of the Property and acknowledges the Property to be satisfactory and suitable for the purpose it is specified, in full compliance with the terms of this agreement, and in good condition and repair.
21.3 User agrees that Company shall not be liable to User for any representation, claim, expense, or loss directly or indirectly caused by any person, including Company, or in any way related to the Hardware Asset. Repair will be made pursuant to manufacturer's warranty only.
21.4 All service and repair work must be performed by an Authorized Service Provider in consultation with Company representative.
21.2 By signing this agreement, user states that it has fully accepted and takes possession of the Property and acknowledges the Property to be satisfactory and suitable for the purpose it is specified, in full compliance with the terms of this agreement, and in good condition and repair.
21.3 User agrees that Company shall not be liable to User for any representation, claim, expense, or loss directly or indirectly caused by any person, including Company, or in any way related to the Hardware Asset. Repair will be made pursuant to manufacturer's warranty only.
21.4 All service and repair work must be performed by an Authorized Service Provider in consultation with Company representative.
22.1 Entire Agreement: This Agreement is the complete and exclusive statement of the
agreements between You and Us with respect to the subject matter hereof and supersedes all
other communications or representations or agreements (whether oral, written or otherwise)
relating thereto.
22.2 Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
22.3 Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
22.2 Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
22.3 Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
23.1 The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s
access to the Services, or any portion thereof, at any time, without notice or cause. The User
shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the
User shall not have the right to terminate these Terms till the expiry of the same, as described
in clause 3 hereinabove.
23.2 Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to App/Website, without being required to provide the User with notice or cause. If the User is in breach of any of these Terms.
23.3 If the User has provided wrong, inaccurate, incomplete or incorrect information; or if the User’s actions may cause any harm, damage or loss to the Company’s App or Website
23.2 Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to App/Website, without being required to provide the User with notice or cause. If the User is in breach of any of these Terms.
23.3 If the User has provided wrong, inaccurate, incomplete or incorrect information; or if the User’s actions may cause any harm, damage or loss to the Company’s App or Website
24.1 In accordance with Information Technology Act 2000 and rules made there under, the
name and contact details of the Grievance Officer are provided below:
Ms. Shamli Viz 1812-A, C Wing, , Kailas Business Park Vikhroli, Mumbai (86) Email: support@WONDRx.com 24.2 Timeline for Grievance Redressal i. First acknowledgment within: 5 working days ii. Analysis and response within: 30 working days iii. Closure of received grievance within: 60 days
Ms. Shamli Viz 1812-A, C Wing, , Kailas Business Park Vikhroli, Mumbai (86) Email: support@WONDRx.com 24.2 Timeline for Grievance Redressal i. First acknowledgment within: 5 working days ii. Analysis and response within: 30 working days iii. Closure of received grievance within: 60 days