THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE. 
THESE TERMS OF SERVICES IS A LEGALLY BINDING DOCUMENT BETWEEN ONECARE AND USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICES WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN ONECARE AND USER

PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO ONECARE AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.

 

These Terms of Services of the website located at the URL www.onecare.co.in, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services (“Website”) is between WELLWORKS TECHNOLOGIES PRIVATE LIMITED (referred to as “OneCare” or “We” or “Us” or “Our"), a company incorporated under the Companies Act, 2013 with its registered office situated at C-209, Amber Block, Brigade Lake Front Apt, Seetarampalya, ITPL Road, Bangalore 560048, India, and the users of the  Website including but not limited to users who are patients, medical practitioners/doctors, and/or health care providers (referred as "You" or "Your" or "Yourself"  or “User”) describe the terms on which OneCare offers You access to the Website and such other services which include but are not limited to interactive session related services, platform services, self-assessments, to interact with medical practitioners, doctors and health care providers from across the globe (“Practitioners”), to help the User receive appropriate diagnosis and quality treatment, knowledge and perspectives through various interactive sessions with the Practitioners ("Services"). 

These Terms of Services is a contract between You and OneCare. These Terms of Services shall be read together with the Privacy Policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

 

For the purposes, the term “Person” shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality).

 

You and OneCare shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”

 

1. INTERPRETATION

1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

2. Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.

3. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as OneCare will, unless repugnant to the context, include its affiliates, successors and permitted assigns.

 

2. WEBSITE SERVICES AND ACCOUNT REGISTRATION

1. By accessing this Website, you are agreeing to be bound by these Terms of Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. Your continued use of the Website shall constitute your acceptance to the Terms of Service, as revised from time to time.

2. OneCare reserves the right to update the Website and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that OneCare will be able to provide support services only if you install all the updates upon receiving notifications while using the Website and its Services

3. For availing certain Services, You will be required to register an account on the Website (an “Account”). When you register on the Website and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of Your Account; (iii) authorize OneCare to make any inquiries We consider necessary or appropriate to verify Your Account information or the information You provide to Us via the Website including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to Us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”). 

4. You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose Your Account information to any third party and that You are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of Your Account on the Website, whether or not You have authorized such activities or actions. You will immediately notify OneCare of any unauthorized use of Your Account. You may be held liable for losses incurred by OneCare due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

5. You agree that this Website and its Services are made available to You on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, You will not permit, enable, introduce or facilitate other persons to participate in availing Services from Your Account, including others who may be subject to an agreement that is the same or similar to this Agreement.

6. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or OneCare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OneCare has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

 

3. DUTIES OF A USER

1. You shall comply with all applicable local, provincial laws, and regulations in connection with Your availing of the Services.

2. You shall keep OneCare informed of any technical issues or problems with the Website, as and when the issues develop.

3. You shall not engage in any activity other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services, prior to, during the continuance of, and after each and every session.

4. While Using the Website, You shall not-

   1. use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by OneCare according to community standards and/or applicable law, is strictly prohibited. OneCare reserves a right to immediate terminate Your account on being notified of any such act performed without any further notice;

   2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Person;

   3. conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters;

   4. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

   5. provide any information that is incorrect or misleading in any way;

   6. use any 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 Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;

   7. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;

   8. engage in any activity which violates any applicable laws, rules and regulations.

 

4. DATA USAGE AND INSIGHTS

1. The User hereby specifically agree and acknowledge that OneCare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner.

2. The User further acknowledges and agrees that OneCare shall not be held liable for: (i) any User interactions and associated issues User has with the Practitioner; (ii) any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); (iii) any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services; (iv) cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

3. You acknowledge and undertakes that the feedback mechanism provided to You is a privilege and any feedbacks, suggestions and/or constructive criticism provided by You will be displayed on the respective Practitioner’s profile and You shall alone be responsible for contents of such feedbacks, suggestions and/or constructive criticism.

4. The User understands and agrees that any advice or diagnosis made by any Practitioner does not create a licensed medical professional/patient relationship, between OneCare and You.

 

5. RIGHT OF ONECARE & USER

1. Nothing in this Agreement shall be construed to create any relationship between OneCare and You other than that of a service provider and user. You do not have the authority to bind OneCare in any manner whatsoever.

2. Notwithstanding anything contained herein, OneCare shall have the unilateral right to terminate this Agreement.

 

6. DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS

1. Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.

2. The User specifically covenants that he/she shall keep confidential all information, including but not limited to insights, conversations, assessments, diagnosis, treatment etc. in the course of interactive sessions with the Practitioner.

3. Notwithstanding anything contained herein, the User does not have the right to assign any of his/her duties or obligations to any other person or organization under this Agreement.

4. The User further agrees and undertakes not to hold OneCare responsible for any decision taken by User on the basis of the advice or insights as provided by the Practitioner(s).

5. The User shall comply with all applicable laws in the course of performing its obligations under this Agreement;

6. The User represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and

7. The User acknowledges and agrees that the Services are not intended to be a substitute for Emergency Services. In the event of any medical emergency, the User must contact an ambulance service or hospital directly. 

For the purposes of this Agreement, the term “Emergency Services” shall mean and refer to the services that allow a user to connect with emergency services such as medical service or ambulance service or hospital or any other similar emergency services.

 

7. THIRD PARTY CONTENTS

1. We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Services, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

2. You acknowledge that when You access a link that leaves the services, the site You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that We are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.

 

8. INTERACTIVE SESSIONS

1. Some parts of the Services are interactive, and OneCare is in no way responsible for the content, information or actions of the User and/or other third parties. You are solely responsible for Your interactions and communications with the Practitioner(s) including any sensitive personal information provided by You to the Practitioner, and any other parties with whom you interact or communicate with through the Service.

2. You shall not use the platform except strictly for the purposes specifically laid down in this Terms of Service.

 

9. INTELLECTUAL PROPERTY

1. OneCare shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Website, video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).

2. Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.

 

10. CONFIDENTIALITY

       The User agrees to keep all technical and non-technical information, which OneCare may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of OneCare resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of OneCare confidential or any other information designated as confidential from time to time.

Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from OneCare; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to OneCare to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.

 

11. TERMINATION

1. These Terms of Services are effective unless and until terminated by either You or OneCare. You may terminate these Terms of Services at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our Website.

2. If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Services, We may terminate these Terms of Services at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

3. In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to OneCare.

4. Upon termination of this Agreement, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provision as specifically identified in this Agreement, shall survive.

 

12. PAYMENTS AND REFUNDS

1. Subscription:

•  Term & Subscription Plan:  The subscription plans and their respective pricing will be updated on the Website from time to time and the User is advised to select the appropriate subscription based on its business requirements.

• Invoice: OneCare will raise the invoice on the User on the basis of the subscription plan availed by such User for the Services. The User shall pay OneCare the periodic subscription fee (inclusive of all taxes) in advance as per the plan which it chooses.

• Renewal: The subscription plan may be renewed by the Parties on expiry of the initial term of the subscription plan provided that consideration for the Services is paid in advance by the User. In case the User fails to make payment for the Services, OneCare will cease to provide the Services in any capacity.

• Irregular Payments: If the User does not make payment or makes irregular payments, OneCare may, in its sole discretion, terminate the subscription plan availed by the User and/or discontinue the Services without notice.

2.  Consultation Charges:

• For the consultation services, the User shall pay consultation charges as per the quotation displayed on the Website. The User will be redirected to a third-party payment gateway wherein the payment shall be made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, internet handling charges, if any) as duly charged by such third-party payment gateway.

• The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making transaction. The User further agrees and acknowledges that OneCare shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on the third-party payment gateway. However, OneCare reserves the right, but have no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, co-operate with and notify OneCare regarding the payment issues faced by the User.

3. OneCare reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via OneCare’s Website) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard.

 

Refund Policy

Under no circumstances shall OneCare be liable to refund the invoice amount if:

1. the technical/support team of OneCare is helping to resolve the issues faced by You;

2. any other circumstances, which at the sole discretion of OneCare is considered to be a non-refundable event; and

3. if You act on any third-party content or advertisement published on the Website or social media channels of OneCare, OneCare is not responsible or liable for any transactions made between You and third-party or any claims arising thereof.

 

The refund is allowed only if the User terminates his subscription plan and communicates the same along with reasons for termination to OneCare. We will then evaluate Your claim and provide a refund if Your claim is found to be legitimate and genuine basis a detailed inquiry conducted by Us and Our decision on the subject-matter shall be final and binding. The refund to the User shall be made on a monthly pro-rata basis any prepaid, unused fees covering the remainder of his/her subscription plan after the date of termination.

 

Notwithstanding anything contained under this Agreement, You shall not have any right to make any claims of whatsoever nature against OneCare after expiry of 15 days from the date of Your subscription to the Website.

​

13. NO WARRANTIES

1. The materials on OneCare’s Website are provided "as is". OneCare makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, OneCare does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

2. For the duration of the term of this Agreement, the platform/Website shall be maintained by OneCare and it shall make its best efforts to deal with any technical issues affecting the platform/Website (such as, for instance, the platform becoming inoperative). OneCare does not warrant that the User will be able to use the platform/Website at all times or locations on the platform/Website or that the platform and the Services provided through the platform/Website will be uninterrupted or error-free.

3. The materials as appearing on the Website may contain typographical errors, inaccuracies or omissions. OneCare reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the Website at any time without prior notice.

 

14. INDEMNITY

You shall indemnify and hold harmless OneCare, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Services, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of OneCare and/or third party, including but not limited to any damages caused to the brand image of OneCare by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs.

 

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL ONECARE BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

16. PRIVACY POLICY

Use of the Services is also subject to OneCare’s Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of OneCare’s Website. The Privacy Policy noticed at www.onecare.co.in is incorporated into this Agreement by this reference.

 

17. UPDATES

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

18. SEVERABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.

 

19. FORCE MAJEURE

If the performance of OneCare’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of OneCare, or an act of God (each a “Force Majeure Event”), then OneCare shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that OneCare shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that OneCare shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.

 

If OneCare’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, OneCare may terminate these Terms of Services or suspend its Services or use of Website without incurring any charges.

 

20. NON-ASSIGNMENT

 You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.

 

21. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.

 

22. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Varun

Phone: 

Email: varun@onecare.co.in