Be Healed. Be Healthy. Be Happy.
Last Updated: March 06, 2021
Welcome to IM Well.
The domain name imwell.in is owned and operated by Integrative Medicine and Wellness LLP. Integrative Wellness and LLP (“Website”), a limited liability partnership incorporated in India with its registered office at No 21, Ashoknagar, RIFCO Shantiniketan Main Road, Medahalli, Bangalore 560 049 (“IMWell”, “we”, “us” or “our”). We offer an online telemedicine service Website enabling our end-users (“Patients” or “you”) to connect with, consult and obtain medical and healthcare services from qualified medical doctors (the “Practitioners”) through the use of info-communications technology (the “Services”).
To complement the Services provided by the Practitioners, IMWell or, related corporations, partners and/or affiliates (collectively, the “IMWell Group”) may offer the sale and/or delivery of medicine and/or other medical products (the “Product” or “Products”), or facilitate such sale and/or delivery to Patients through certain licensed third-party service providers in accordance with e-prescription order(s) provided by the Practitioners. For the avoidance of doubt, IMWell provides a Website for the facilitation of sales and/or delivery of Products, and does not represent itself as a vendor or otherwise a seller of any Product.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. LEGALLY BINDING AGREEMENT
2. RIGHT TO CHANGE THE TERMS
We reserve the right to change or modify the terms and conditions of this Agreement. In the event that we change or modify the terms and conditions of this Agreement, we will publish the revised Agreement on our website with the date of last revision duly recorded. You agree to review the latest version of the Agreement each time you use the Website /Service so that you are aware of any changes or modifications. By continuing to use the Website /Service following the date of the latest revision, you agree to be bound by the revised Agreement.
3.1. We may ask you to register with us. To be eligible to register for a customer user account (“Account”) with us, you represent and warrant that you are at least 18 years of age or older and capable of entering into and performing legally binding contracts under applicable law or are contracting as a parent/legal guardian on behalf of a child/ward who is less than 18 years of age. If you are not competent to enter binding contracts, please do not use the Website.
3.2. When registering with us, you will be asked to provide us with certain information, including your name, mobile number, email address, address, identification number, and date of birth.
3.3. You represent, warrant and undertake that all information provided to us is truthful, accurate, up-to-date and complete. Your failure to maintain accurate, up-to-date and complete information may result in your inability to obtain the Services, and our termination of this Agreement with you.
4. USING THE WEBSITE
4.1. The Website allows you to use info-communications technology, including video/audio calls and in-Website text messaging to connect with and consult with medical doctors or Practitioners who are independent third-party service providers.
4.2. You agree that we may send you information, text messages, notifications as well as promotional messages as part of the normal business operation of your use of the Website and receipt of the Services.
4.3. Using the Services.
A. Interaction with Practitioners
4.3.1. While on boarding a Practitioner on our Website, we ensure that such medical practitioners are enrolled with any State Medical Register.
4.3.2. For the purpose of using our Services, you may be asked by the Practitioner to provide proof of identity and other relevant information (e.g. medical history, drug allergies). You agree to provide full and accurate information to the Practitioner. You acknowledge that the quality of the Services is heavily dependent on the veracity of information which you provide to the Practitioner. You acknowledge and agree that you may be denied the Services if you refuse to provide proof of identity and other requested information to the Practitioner. We shall not make any effort to validate any information provided by you for using the Services with respect to content, correctness or usability and shall rely on your representation that the information so provided is true, authentic and accurate.
4.3.3. By initiating a teleconsultation vide the Services, you give explicit consent to avail the online consultation and acknowledge that you are aware of the limitations of online consultation versus in-person consultation. You understand that Website is being made available to you to assist you to obtain guidance from Practitioners and it does not intend to replace the physical consultation with the Practitioner.
4.3.4. After online consultation, if it is recommended to you to undergo any diagnostic tests or if you are issued with e-prescription, the same are provided based on the information and preliminary examination. The Practitioners reserve their rights to modify the prescription or recommended diagnostic tests if you provide any additional information in future consultation. 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 in-person doctor.
4.3.5. You understand that the Practitioner may choose not to proceed with the consultation at any time the Practitioner assesses and believes that your condition is not appropriate for telemedicine consultation. The Practitioners, with an intention to provide the best services possible could ask you to share more information as and when needed.
4.3.6. By using the Services, you represent, warrant, agree and undertake that:
a) you will comply with this Agreement and all applicable laws;
b) you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to the service provider or any other party; and
c) any complaint that you may have regarding the Services shall be taken up by you with the Practitioner directly.
4.3.7. You acknowledge and accept that the Website is a Website for access to consultation with Practitioners and we are not responsible, whether directly or indirectly, for the Services you receive or for the acts or omissions of any Practitioner that you may engage through the Website. You are solely responsible for any decision or selection made by you in relation to the Practitioner or the Services.
4.3.8. You acknowledge and agree that we are not a medical or healthcare service provider. If an emergency or urgent medical situation arises, you understand that you should immediately seek emergency medical care at a hospital.
4.3.9. You acknowledge and agree that you may share images or videos of the affected areas of your body parts with the Practitioner only if it is required by the Practitioner and if you are personally comfortable in sharing such images or videos. We shall not be responsible for any such images or videos shared by you with the Practitioners.
4.3.10. You understand that the advice provided by the Practitioner is based to the best of his/her knowledge and ability.
4.3.11. In the event of dispute between you and the Practitioner, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.
5.1. You agree to pay all applicable consultation charges and other sums (including any payment gateway fees) (“Consultation Fees”) to the Practitioner for access to and use of the Services, in accordance with a Consultation Fee structure to be specified by the Practitioner. For the avoidance of doubt, Consultation Fees exclude the costs of any Products that may be prescribed to you.
5.2. The Consultation Fees structure may be modified by providing a notice or push notification on the Website , and you may accept or reject such modifications. If you reject the modified fees, then you will not have the right to book a consultation with the Practitioner.
5.3. Full payment of Consultation Fees must be made prior to scheduling a consultation appointment with the Practitioner. You may choose to make payment by credit card, debit card, internet banking or any other methods specified on our Website. By providing us with your credit or debit card information and/or associated payment information, you agree that we are authorised to invoice you for all fees and charges due without further notice or consent required from you.
5.4. Charges paid by you are final and non-refundable, unless otherwise determined by us, in our sole discretion. We are not responsible for any loss or damage caused to you during payment process as these third parties are beyond our control.
5.5. Each user and/or third-party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We are in no way responsible for any of the taxes except for our own income tax.
6.1. You shall keep confidential all information and materials about the Website, and all information of a secret, confidential or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of this Agreement (“Confidential Information”).
6.2. In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition, or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of this Agreement and to further protect the Confidential Information.
7. INTELLECTUAL PROPERTY
7.1. You acknowledge and agree that the Website and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of IMWell. Furthermore, you acknowledge and agree that the source and object code of the Website and the format, directories, queries, algorithms, structure and organization of the Platfom are the intellectual property and proprietary and confidential information of IMWell and its affiliates, licensors and suppliers.
7.2. You are not granted any intellectual property rights in and to the Website not expressly granted in this Agreement and such rights are hereby reserved and retained by IMWell.
7.3. We may utilize or include third party content and software (“Third Party Content”) that is subject to open source and third party terms of service. You acknowledge and agree that your right to use such Third Party Content as part of the Website is subject to and governed by the terms and conditions of the open source and third party terms of service applicable to such Third Party Content, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party terms of service, the terms of the open source or third party terms of service shall prevail with regard to your use of the relevant Third Party Content. In no event shall the Website or any content provided thereof be deemed to be open source or publicly available software.
7.4. You are not authorized by IMWell to use IMWell’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of IMWell, which may be withheld for any or no reason.
7.5. To the extent permissible by law, you hereby grant IMWell a perpetual, non-revocable, worldwide, royalty-free license to make use of any content generated by you on the Website , including any comments and feedback made by you on the Website . Such rights include the right to copy, distribute, display, reproduce, modify, adapt, the user generated content, and create derivative works of such content.
7.6. You acknowledge and agree that in the event of a third party claim against you that the Website or your possession or use of the Website infringes any third party’s intellectual property rights, you (and not IMWell) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify IMWell in writing of such a claim.
A. Consulting Services
8.1. Practitioners possess the necessary medical qualification which allow them to practice medicine in India.
8.2. IMWell does not warrant or make any representations that the Service, including the interactive video, audio or text consultation is the appropriate channel of consultation for your particular healthcare problem and/or that it will meet your specific requirements. IMWell prohibits, and disclaims any liability for any use of the Website for the provision of any emergency services or where diagnosis or in-person treatment is required. If you require urgent care or emergency treatment, you should consult a doctor in-person or contact your local emergency services immediately. Without limiting the generality of what may constitute urgent care or emergency treatment, you should also consult a doctor in-person or contact your local emergency services immediately where your medical condition: (i) requires emergency treatment, (ii) cannot be treated without a physical consultation, (iii) is a condition deemed during prior consultation to be in need of physical consultation for further examination and/or treatment, (iv) is an acute condition requiring further diagnosis, and (v) requires further investigations including but is not limited to, laboratory tests and imaging modalities.
8.3. IMWell disclaims any liability arising out of: (i) Any pre-existing medical condition; or (ii) Any adverse drug reaction (due to any act or omission based on information found on the Website , or otherwise); or (iii) Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by you.
8.4. You agree to comply with all instructions given by the Practitioner for you to consult a doctor in-person and/or specialist, seek emergency treatment and/or to procure further examination, and/or treatment as required. IMWell accepts no responsibility or liability for delay and/or failure on your part to comply.
8.5. You may be issued with an e-prescription for medicine by a Practitioner, which you may use to purchase medicines from your local retail pharmacies. You may also be prompted by IMWell to use our delivery services for delivery or fulfilment of prescribed medicines. You are under no obligation to purchase any prescribed medicine. The Practitioner will use his or hers best endeavours, based on the medical history you have provided and the symptoms you have described to prescribe medicine appropriate for your condition. IMWell shall not be responsible for ensuring that you receive the medicine that you have been prescribed or that the medicine you receive is the same as that prescribed by the Practitioner. IMWell shall also not be responsible for any instructions in relation to the medication provided by the Practitioner, a pharmacist or anyone else associated with the provision of medication that you have been prescribed.
8.6. You acknowledge, and agree not to hold IMWell liable for, the potential and inherent risks associated with telemedicine consultation and prescription through a mobile and/or electronic medium, including the following risks: (a) the information transmitted by you or us may not be sufficient or accurate (i.e. poor resolution of images, poor lighting or sound, colour inconsistencies) to allow for appropriate healthcare decision making, thus necessitating a face-to-face consultation with a doctor; (b) reliance on self-measurement and reporting of symptoms, including blood pressure and weight, may result in inaccurate evaluation and diagnosis; (c) lack of access to all your health records may result in adverse drug or allergic reactions or other judgement errors; (d) software, hardware or data transmission problems or failures may impede, or cause delays, in evaluation, diagnosis or treatment; or (e) security protocols could fail, causing a breach of confidentiality or personal data protection.
B. Website Content
8.7. While we make every effort to ensure that all content on the Website is up-to-date and complete, we make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, and/or accuracy of the Website . The Website and any information contained in or provided through the Website are provided on an “as is” and “as available” basis.
8.8. We do not represent or warrant that: (a) the use of the Website will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (b) the Website will meet your requirements or expectations; (c) the Services which you received from a service provider would meet your medical needs or other personal requirements; (d) the quality of, information or other materials obtained by you through the Website will meet your requirements or expectations; (e) any stored data will be accurate or reliable; (f) errors or defects in the Website will be corrected; or (g) the Website or our servers are free of viruses or other harmful components.
8.9. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
8.10. Your use of and reliance upon the Website and any information contained in or provided through the Website is at your sole risk and discretion. The Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
8.11. IMWell hereby disclaims any responsibility towards you in terms of development, maintenance and updating of the Website . Any modification, development, maintenance or updating of the Website and any modification, transfer, license or assignment of the rights in the Website shall be done by IMWell in its sole discretion.
C. User generated content
8.12. In no event shall IMWell Group be liable for any comments or feedback given by any of the users in relation to the Services provided by IMWell or services provided by a third-party service provider.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permissible under applicable law, in no event shall IMWell be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Agreement, including but not limited to, any loss of use, loss of data, business interruption, loss of income, goodwill or profits, irrespective of whether it had advance notice of the possibility of any such damages.
9.2. Without limiting the generality of the foregoing, the maximum liability of IMWell for all claims of every kind arising out of this Agreement will not exceed the fee paid by you for three months immediately prior to the claim being raised.
10. THIRD-PARTY LIABILITY
10.1. You acknowledge that the Website and Services are dependent on third-party services, including but not limited to telecommunications services. Links to third-party services may be found on the Website . While we have appropriate agreements in place with these third parties, we will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any third-party services.
10.2. We may, from time to time, display offers and advertisements from third parties on our Website for your benefit. However, this does not mean we endorse these third parties or their products and services. If you decide to enable, access or use third-party services, be advised that such access and use of third-party services are governed solely by the terms and conditions of such third-party services. You irrevocably waive any claim against us with respect to such third-party services.11. COOKIES
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