Terms and Conditions for VellnezMed App
This Agreement is an electronic record as defined by the Information Technology Act, 2000, and is
computer-generated, obviating the need for physical or digital signatures. Its publication adheres to the
stipulations outlined in Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital
Media Ethics Code) Rules, 2021, which mandate the publication of rules and regulations, privacy policy,
and Terms of Use for accessing or utilizing the Subscription Services.
We urge you to thoroughly examine these T & C of Use since they encompass essential details regarding
your legal rights, remedies, and obligations. This encompasses various restrictions, exemptions, and a
provision that dictates the jurisdiction and venue for settling disputes.
Your use of VM app implies that you have reviewed and agreed to the stipulated T & C and conditions.
Any additional documents and links referenced are also collectively accepted along with these T & C. By
utilizing VM app, you commit to adhering strictly to these T & C. Any actions or commitments
undertaken without considering these T & C are undertaken entirely at your own risk. These T & C are an
integral component of the agreement between users and us. Your access to VM app and your engagement
in any services provided by us signify your understanding, consent, and acceptance of the disclaimer
notice and the comprehensive T & C presented herein
1 Introduction
1.1 Welcome to the Vellnezmed App (referred to as "VM app", "we", or "us"),
presented by VELLNEZMED HEALTH CARE LLP. Our headquarters are
located at Unit 67, 5th Floor, SDF Building, KINFRA Advanced Technology
Park, Ramanattukara, Kozhikode, Kerala, 673633. By using the VM app, you
agree tofully accept and comply with the Terms & Conditions (T & C),
conditions, and notices contained in this document (collectively, the "T & C").
1.2 The VM app is a comprehensive mobile platform that connects users ("Users",
“You”, or “Your”) with a network of doctors and healthcare providers
("Doctors/HCP"), along with a range of healthcare-related services. This includes
the organization and storage of health records, searching for healthcare facilities,
and more. Users can conveniently schedule appointments with doctors for services
like video, audio, and chat consultations. These services require either a
subscription or payment of relevant fees prior to each appointment.
1.3 We ensure the credibility of the Doctors/HCPs on our app through a stringent
verification process. However, it is important to understand that any interactions
and related matters between Users and Doctors/HCPs on the VM app, including
medical results and service-related concerns, are solely the responsibility of the
User and the Doctor/HCP involved. We do not assume liability for these
interactions as our role does not include providing healthcare, medical advice, or
diagnoses.
1.4 Your use of the VM app signifies your agreement to be legally bound by these T
& C. These T & C govern your access to and use of the VM app and its Services,
including all Collective Content, forming a legal agreement between you and us.
We recommend that you thoroughly review these T & C and our Privacy Policy,
available within the app, as it forms part of these T & C. If you disagree with
these T & C, you must not access or use the VM app. Non-compliance may lead
to legal consequences.
1.5 Please note that all products, services, and information on the VM app are
considered an "invitation to offer". Your order signifies your "offer" and is subject
to these T & C. By using the VM app, you agree to adhere to the most current
version of these T & C. We may update these T & C at any time, and your
continued use of the app constitutes your agreement to these changes. We suggest
regularly reviewing the T & C for updates, which are always accessible under the
"T & C of Use" link in the app.
1.6 The VM app reserves the right to seek restitution for services, collection costs,
and legal fees from those engaged in fraudulent activities on the app. We also
reserve the right to take legal action against anyone using the VM app
fraudulently or in violation of these T & C.
1.7 Furthermore, we maintain the right to pursue legal action against any user for
inappropriate conduct towards our Doctors/HCPs or staff, as well as against those
who make inappropriate comments or negative remarks in public forums,
including social media.
2 Definitions
2.1 Agreement: This refers to the Terms & Conditions (T & C) detailed in this document,
including all attachments (Exhibits), the privacy policy, and other policies mentioned on
the VM app. It also covers any future changes, such as updates, cancellations, or
modifications to this Agreement.
2.2 VM app: This term represents our online platform that connects Users with verified
Doctors/Healthcare Providers (HCPs). These medical professionals are listed on the VM
app after creating a profile and undergoing a thorough verification process.
2.3 User: A "User" is an individual who registers on the VM app to access its services, either
for personal use or on behalf of family members. Activities by a User include booking
appointments and uploading health records to the VM app.
2.4 Doctor/HCP: The term "Doctor/HCP" encompasses all qualified and registered medical
practitioners and healthcare providers on the VM app. They join the platform by
completing a registration process and, upon approval by our expert panel, offer their
services through the VM app.
2.5 Account: An "Account" is created by Users on the VM app to access our services. Once
registered, a User gains access to various features and functionalities of the VM app.
2.6 Official Language: The official language of these Terms & Conditions is English.
2.7 VM app Content: This includes all materials provided on the VM app platform, such as
videos, articles, blogs, and other services. It encompasses content licensed from third
parties but excludes content uploaded by Users.
3 Eligibility Criteria for Using VM app Services.
3.1 Age Requirement: To use VM app services, individuals must be capable of
forming legally binding contracts under applicable law. Those under 18 can
register using their parent's or legal guardian's email ID, provided these adults
consent to the T & C of Use. In these cases, the parent or guardian may conduct
transactions on the minor's behalf. VM app retains the authority to revoke
membership and access if a user is found to be under 18 years of age.
3.2 Access Restrictions: VM app services are not available to persons whose
membership has been either suspended or terminated by VM app for any reason.
3.3 Business Entities: If you are registering as a business entity, you must have the
legal authority to bind that entity to this User Agreement.
3.4 Precedence and Conflict Resolution: These T & C override all previous
understandings, representations, or agreements. They take precedence over any
conflicting terms and conditions presented in submitted orders. If there are
specific brand-related Terms and Conditions, these must be agreed upon
separately when they differ from the general T & C outlined here.
3.5 User Acknowledgment: By utilizing VM app services, you acknowledge and
accept your obligation to comply with these T & C.
4 Account Creation and Registration
4.1 User Account Creation: When creating an account on VellnezMed, users must
provide accurate and up-to-date information. This includes personal details that
are essential for creating a personalized healthcare experience on the app. The
integrity and reliability of the user's account depend on the veracity of the
information provided.
4.2 Account Security: Users are solely responsible for maintaining the security of
their account credentials. This includes safeguarding password and login
information and any activities that occur under their account. Users should report
any unauthorized use of their account to VellnezMed immediately. Implementing
features like two-factor authentication is encouraged for enhanced security.
4.3 Age Restriction: Users affirm that they are at least 18 years old or have legal
parental or guardian consent if under 18. This age restriction ensures compliance
with legal standards and responsible use of the healthcare services offered by
VellnezMed.
5 Storage of Medical Records
5.1 Consent for Record Storage: By opting for VellnezMed’s services, users consent
to the storage and management of their medical records on the platform. This data
is essential for providing personalized healthcare services.
5.2 Data Privacy and Security: VellnezMed is committed to the utmost privacy and
security of user data. This includes implementing advanced encryption and
security measures to protect sensitive health information and compliance with
relevant data protection laws.
5.3 Data Ownership: Users maintain ownership of their medical records. VellnezMed
respects user privacy and ensures that personal health information is not disclosed
to third parties without explicit user consent, except in cases required by law.
6 Teleconsultation Services
6.1 Access to Teleconsultation: VellnezMed offers a range of teleconsultation
services, allowing users to consult with healthcare professionals virtually. This
service is designed for convenience and accessibility, enabling users to receive
healthcare advice remotely.
6.2 Professional Standards: Healthcare professionals on VellnezMed adhere to
stringent professional standards, ensuring that teleconsultation services are on par
with in-person healthcare services in terms of quality and adherence to medical
laws and ethical guidelines.
6.3 Technical Support: VellnezMed provides robust technical support to ensure a
seamless teleconsultation experience. This includes troubleshooting, ensuring
stable and secure connections, and assisting with any technical issues that may
arise during a consultation.
7 User Responsibilities and Conduct
7.1 Compliance with Guidelines: Users must adhere to the guidelines and terms
outlined by VellnezMed. This includes any additional policies introduced by the
platform to ensure a safe and efficient healthcare experience.
7.2 Ethical Conduct: Users are expected to maintain ethical conduct during their use
of VellnezMed. This encompasses respecting medical ethics and legal regulations,
particularly during teleconsultation sessions.
7.3 Prohibited Activities: Users agree not to engage in activities that disrupt the
operation of the VellnezMed App, including actions that could violate the privacy
rights of others or compromise the security of the platform
8 Subscription Plans and Payment Terms
8.1. Registration Costs: Registering as a User on VM app is currently free. However,
VM app reserves the right to modify its policy and introduce fees at its
discretion, with or without prior notice.
8.2. Appointment Bookings and Consultation Fees: Users can book appointments
with doctors, which involves paying the doctor's consultation fee. This fee, once
paid by the User, is then transferred to VM app.
8.3. Subscription Plans: VM app offers a range of Subscription Plans for both
individual users and businesses. These plans provide services to users, their
family members, and company employees.
8.4. Subscription Fee Structure: The cost of each subscription package varies,
depending on the chosen type of consultation - be it video, audio, or chat - and
the fee set by the selected doctor.
8.5. Validity Periods: The duration of the Service Fee's validity varies based on the
consultation type, ranging from minutes to months or even a year. VM app holds
the right to modify these plan durations. For company subscriptions, the validity
is typically one year.
8.6. Renewal Alerts: As a Subscription Plan approaches its end, Users will receive
notifications to prompt renewal. Without renewal, the plan will be automatically
cancelled.
8.7. Payment Method: Payments are processed using the credit card details provided
by the User during the initial transaction.
8.8. Card Payments: Users affirm that the information provided for debit or credit
card payments is accurate and complete. They also confirm their authorization to
use the card, ensure the card issuer's approval for payments, and maintain
adequate funds to cover the transaction.
8.9. Third-Party Payment Providers: VM app employs third-party services for
payment processing. VM app is not responsible for any delays, errors in
transactions, or cancellations that occur due to payment issues.
8.10. Changes in Pricing and Plans: VM app may, at its discretion, revise its pricing
structures, subscription plans, or payment methods over time as necessary.
9 Fees and Payments
9.1 Fee Structure: Users agree to the established fee structure for services rendered by
VellnezMed. This includes understanding and accepting the costs associated with
the healthcare services provided.
9.1 Transparent Billing: VellnezMed ensures transparency in its billing practices,
providing users with detailed breakdowns of service fees and associated costs.
9.1 Payment Security: The platform guarantees the security of all financial
transactions through the use of advanced payment processing systems and
adherence to strict security protocols.
10 User Acknowledgment and Acceptance of Risks
10.1 Users of the VM app acknowledge and agree to the following, emphasizing the
limited responsibility of the VM app and the risks assumed by Users:
10.2 Nature of the VM app: The VM app is strictly an online platform providing an
introduction to healthcare services. Its role is limited to making the Site and
Services available and does not extend beyond this facilitation.
10.3 VM app's Limitations of Responsibility:
10.3.1 Employment and Endorsement: The VM app does not employ, endorse, or
recommend any Doctors. It has no control over the actions or omissions of
any Users, Doctors, or Healthcare Providers.
10.3.2 Liability for Conduct: The VM app is not liable for the performance,
behavior, or conduct of any Users, Doctors, or other third parties, whether
their interactions occur online or offline.
10.3.3 Service Quality and Interactions: The VM app does not make any warranties
or representations about the quality of services provided by any Doctor, nor
does it vouch for the outcomes of interactions or transactions between Users
and other parties.
10.4 User Responsibility and Risk Acknowledgment:
10.4.1 User Accountability: By using the Service, Users accept that they are solely
responsible for their use of the Service and for any relationships or
interactions they initiate.
10.4.2 Assumption of Risk: All use of the VM app Services is at the User’s own
risk. Users acknowledge that there are inherent risks in online interactions
and transactions, especially concerning healthcare services.
10.4.3 Indemnification Clause: Users agree to indemnify and hold harmless the VM
app from any claims, damages, or losses arising from their use of the Service.
10.4.4 Data Security and Privacy: While the VM app takes reasonable measures to
protect user data, Users acknowledge that absolute security cannot be
guaranteed. Users are responsible for safeguarding their account information
and personal data.
10.4.5 Dispute Resolution: Any disputes arising from the use of the VM app
Services are to be resolved between the Users and the respective Doctors or
third parties, without involving the VM app.
11 User Representations and Warranties (Non-Doctors)
11.1 Purpose of VM app:
Users acknowledge that the VM app is intended for general purposes and
is not suitable for emergency situations or severe illnesses that require
physical consultations.
11.2 Liability for Non-Compliance:
VM app shall not be held responsible for any deterioration in a User's
condition resulting from the User's failure to follow the Doctor's
prescribed actions or advice.
11.3 Responsibility in User-Doctor Interactions:
Users understand that any issues or concerns arising from interactions with
Doctors, including health-related experiences, are strictly between the
User and the Doctor. VM app is not liable for such interactions or any
related issues.
11.4 Nature of VM app's Services:
Users recognize that VM app is not a healthcare provider and does not
offer medical services, advice, or diagnoses. Therefore, VM app is not
responsible for the results of any consultations between Users and
Doctors.
11.5 Risk of Medical Engagement:
If a User decides to engage with a Doctor for medical services through
VM app, they do so at their own risk. VM app is not liable for any service
breaches or deficiencies on the part of any Doctor.
12 Doctor's Representations and Warranties
12.1 Responsiveness to User Communication:
The Doctor agrees to respond promptly to User communications. In cases of nonresponsiveness, VM app reserves the right to recommend other available Doctors
to the User or potentially remove the non-compliant Doctor from the platform.
12.2 VM app's Discretion in Doctor Selection:
The Doctor acknowledges VM app's right to, at any time and at its sole discretion,
suggest alternative Doctors to Users for consultations.
12.3 Treatment Responsibility:
The Doctor agrees to treat Users through the VM app with the same level of care
and professionalism as in a traditional, in-person consultation.
12.4 Cancellation Rights:
The Doctor retains the right to cancel any consultation if they deem the situation
beyond their expertise or capacity. In such instances, the User is given the option
to consult with other Doctors on the platform.
12.5 Compliance with Laws:
The Doctor is responsible for adhering to all applicable laws and regulations
governing their practice and ensuring that their consultations meet these legal
standards.
12.6 Accountability for Legal Compliance:
The Doctor understands that if VM app finds them in violation of any applicable
laws, rules, regulations, or guidelines, VM app holds the right to cancel their
consultations and take necessary legal actions.
12.7 Confidentiality Obligation:
The Doctor acknowledges the confidentiality of the information disclosed by
Users during consultations, affirming that this information is subject to doctorpatient privilege and must be treated as confidential.
By agreeing to these terms, Doctors understand and accept their responsibilities and the
conditions under which they can use the VM app platform, thereby reducing the risk and
liability for the platform.
13 Modifications to Terms & Conditions and Service Conditions
13.1 Right to Modify T & C:
VM app reserves the right to alter the Terms and Conditions of Use at any time,
without prior notice to Users. This includes changes to policies, service
procedures, or any other aspect of the VM app service.
13.2 Accessing Updated T & C:
The most current version of the User Agreement will always be available on the
VM app. Users are encouraged to periodically check for any updates or changes.
13.3 Reviewing Changes:
Users are advised to regularly review the Terms and Conditions to stay informed
about any modifications that might affect their use of the VM app.
13.4 Acceptance of Modified Terms:
If the revised Terms and Conditions are not acceptable to a User, they should
immediately cease using the VM app. Continuing to use the service after changes
have been made will be interpreted as the User's acceptance of and agreement to
comply with the new Terms and Conditions.
14 Content Ownership and Copyright Conditions
14.1 Content Ownership:
The content on VM app includes User-generated material and content owned by
VM app. Any information collected by VM app, either directly or indirectly from
Users and Doctors, is the property of VM app. Unauthorized commercial use or
profit-making from VM app's copyrighted content is a breach of copyright law,
and VM app reserves all rights under applicable laws in such cases.
14.2 Intellectual Property Rights:
The contents of VM app – including text, graphics, images, logos, button icons,
software code, design, and the arrangement of these elements ("VM app Content")
– are the exclusive property of VM app. They are protected under copyright,
trademark, and other laws. Users must not alter, reproduce, display, distribute, or
use the VM app Content for public, commercial, or personal gain in any
unauthorized manner.
14.3 Restrictions on Service Access:
Users are prohibited from accessing the VM app services for monitoring their
availability, performance, or functionality, or for any benchmarking or
competitive purposes. This restriction is in place to protect the integrity and
proprietary nature of the VM app's services and content.
15 Prohibited Use of the Service
When using the VM app Service, you agree to the following guidelines to ensure lawful,
relevant, and appropriate conduct:
15.1 General Conduct: Engage in behaviors that comply with the VM app's Terms
and Conditions. Any inappropriate or offensive use may lead to suspension or
termination of your account, at VM app's discretion, with or without notice.
15.2 Prohibitions:
15.2.1 Respect for Others: Do not engage in actions that defame, harass, threaten,
or violate others' rights, including privacy and publicity rights.
15.2.2 Specific Content Standards: Avoid publishing or sharing content that is
profane, defamatory, obscene, unlawful, or otherwise objectionable.
15.2.3 Legal Compliance: Use the Service in a manner that abides by all applicable
local, state, national, and international laws and regulations.
15.2.4 Intellectual Property Rights: Do not upload or share files that infringe on the
intellectual property rights of others.
15.2.5 Software and Viruses: Refrain from uploading harmful software like
viruses, Trojan horses, or worms.
15.2.6 Interference with the Service: Avoid actions that could harm the Service or
interfere with other users' enjoyment.
15.2.7 Unauthorized Access: Do not attempt unauthorized access to the Service,
other accounts, or systems.
15.2.8 Privacy Violations: Avoid harvesting information about other Users without
their consent.
15.2.9 Inappropriate Advertising: Do not use the Service for inappropriate or
irrelevant commercial purposes.
15.2.10 Prohibited Activities: Avoid conducting pyramid schemes, chain letters, or
unauthorized surveys and contests.
15.2.11 Impersonation: Do not impersonate others or allow others to use your
account.
15.2.12 Spamming: Refrain from spamming or repetitive content posting.
15.2.13 Illegal Downloads: Do not download files you know or should know cannot
be legally distributed.
15.2.14 Artificial Means: Avoid accessing or copying Service content through
artificial means.
15.2.15 Exploitation: Do not exploit any information, materials, or content from the
Service.
15.2.16 Restriction of Others: Do not inhibit other Users from enjoying the Service.
15.3 Enforcement and Reporting:
15.3.1 VM app holds the right to remove objectionable content and enforce these
Terms at its discretion.
15.3.2 You can report violations to support@vellnez.com.
15.3.3 However, enforcement is selective and does not imply a waiver of
enforcement rights in other instances.
15.3.4 These Terms do not create a private right of action or an expectation of a
Service free from prohibited content or conduct.
16 Content and Feedback Guidelines
16.1 User Content Responsibility:
Users are solely responsible for the content they post, submit, or transmit through
VM app. VM app acts as a passive platform and does not verify the accuracy or
completeness of User Content, including registration information and account
details.
16.2 Liability Disclaimer for User Content:
You are accountable for your judgments and interactions based on User Content.
VM app disclaims all liability for disputes, claims, or damages arising from User
Content and interactions with other Users.
16.3 User Content Submission and License Grant:
By submitting content, you affirm ownership or the right to post it and grant VM
app a worldwide license to use, reproduce, and distribute it. This license is
irrevocable, perpetual, and sublicensable.
16.4 User Content Standards:
Your content must be accurate, lawful, and non-infringing on any third-party
rights. It should not be defamatory, obscene, harmful, or contain malicious
software. Content must not create liability for VM app or disrupt its business
relationships.
16.5 VM app's Right to Manage User Content:
VM app may, but is not obliged to, review, edit, or remove User Content. It
reserves the right to terminate accounts for any reason, and its failure to enforce
rules at times does not waive enforcement at other times.
16.6 Ownership and Use of Feedback:
All reviews, comments, and feedback submitted to VM app become its property.
VM app has the right to use this feedback without restriction or compensation,
including for derivative works.
16,7 Comment Submission Rules:
Comments must comply with legal standards and respect third-party rights. They
should not be unlawful, abusive, or spam-like. VM app may review and remove
comments at its discretion.
16.8 Accountability for Comments:
You are responsible for the content of your comments and agree to indemnify VM
app against any claims arising from them. VM app is not liable for comments
made by you or any third party.
17 Protection and Respect of Intellectual Property
17.1 Ownership of Intellectual Rights:
VM app and its licensors hold exclusive intellectual property rights over all
materials, including text, programs, and content, on VM app. Access to VM app
does not grant, nor is it intended to grant, any license under VM app or any third
party's intellectual property rights.
17.2 Copyright and Usage Restrictions:
Copyrights in VM app belong to us or are licensed to us. Any non-personal,
commercial use of VM app's content, including copying or storing, is prohibited
without VM app's prior permission. Unauthorized modification or redistribution
of VM app's material is also forbidden.
17.3 Trademark Information:
Trademarks and service marks on VM app, including names and logos, are owned
exclusively by VM app. No permission is granted for their use. Accessing VM
app does not permit the use of any trademarks in any way.
17.4 Content Usage Limitations:
VM app's materials, termed "Contents," are intended for personal, noncommercial use only. You may download Contents for personal use, but no rights
are transferred to you. Unauthorized reproduction, distribution, or exploitation of
the Contents is prohibited.
17.5 Software Rights:
All software on VM app is owned by VM app or its suppliers and protected under
Indian laws. Any use beyond reproduction, modification, or display is strictly
prohibited and may constitute copyright infringement.
17.6 Reporting Infringement:
17.6.1 If you encounter unlawful material or activity on VM app, please report it to
us. We respect intellectual property rights and expect the same from our
users. For copyright infringement claims, provide:
17.6.1.1 A signature of the copyright owner or their agent.
17.6.1.2 Identification of the infringed work.
17.6.1.3 Information on the infringing material.
17.6.1.4 Your contact details.
17.6.1.5 A statement of good faith belief regarding unauthorized use
17.6.1.6 A statement of accuracy and authorization.
17.6.2 Infringement Consequences:
VM app may remove infringing content without notice and terminate repeat
infringers' accounts. Legal action for copyright infringement, including monetary
damages and injunctions, may be pursued, along with legal costs.
17.7 Contact for Copyright Issues:
Send notices regarding copyright infringement to VM app at
support@vellnez.com.VM app is committed to rigorously protecting its copyright
and intellectual property rights, ensuring the respect and lawful use of its content
by users.
18 User Responsibility and Protection for VM app
18.1 Commitment to Protect VM app:
As a user, you agree to shield VM app, including its staff, directors, and
representatives, from any claims or damages resulting from your use or misuse of
the service. This protection covers legal expenses and extends to actions that
cause loss or liability to VM app or third parties.
18.2 Scope of Indemnification:
18.2.1 Your commitment includes addressing issues arising from:
18.2.1.1 Breach of warranties or agreements made in this User Agreement.
18.2.1.2 Failure to fulfill obligations specified in the User Agreement.
18.2.1.3 Violations of laws and regulations, particularly those related to Intellectual
Property Rights.
18.2.1.4 Libel, defamation, privacy rights violations, or any infringement of thirdparty rights.
18.2.1.5 Financial obligations like statutory dues and taxes.
18.2.1.6 Loss of service experienced by other VM app subscribers due to your
actions.
18.2.2 Duration of Indemnification:
18.2.2.1 Your obligation to indemnify VM app remains in effect even after the
termination or expiry of this User Agreement, ensuring ongoing protection
for VM app against any repercussions of your actions while using the
service.
18.2.2.2 This clause outlines your responsibility to safeguard VM app from legal
and financial repercussions of your actions, ensuring a secure and
responsible usage environment for all users.
19 Scope of VM app's Liability
19.1 Exclusions of Liability:
VM app is not liable for indirect, incidental, or consequential damages, including loss of
profits, data, goodwill, or other intangible losses. This exclusion covers various
scenarios:
19.1.1 Issues with accessing or using VM app services.
19.1.2 Costs for substitute services.
19.1.3 Actions or content from third parties on VM app, including offensive or
illegal behavior.
19.1.4 Content acquired from VM app.
19.1.5 Unauthorized access or alteration of your data or content.
19.2 Applicability of Liability Limitations:
These limitations apply regardless of the legal theory of liability, including warranty,
contract, tort, or statutory claims. They are effective even if VM app is aware of
potential damages and irrespective of whether specific remedies fail their essential
purpose.
19.3 Jurisdictional Considerations:
In jurisdictions where exclusions of certain warranties or liability for certain
damages are not permitted, these limitations will still apply to the fullest extent
allowed by applicable law.
By agreeing to these terms, you acknowledge the defined boundaries of VM app's
liability, ensuring clarity on the extent of protection available to you as a user of the
service.
20 Service and Content Disclaimer of VM app
20.1 As-Is Basis of Services:
VM app offers its content and services "as is" and "as available," with all existing
faults. We do not provide any explicit guarantees, unless stated in writing, about
the operation or offerings of VM app. This includes disclaimers on implied
warranties like merchantability, fitness for a particular purpose, non-infringement,
enjoyment, and accuracy.
20.2 No Guarantees on Service Performance:
We cannot assure that VM app will meet your specific needs, or that its services
will be uninterrupted, timely, secure, or error-free. There's also no guarantee on
the accuracy of results obtained from using VM app, nor a promise to fix any
service defects. You bear full responsibility for any damage to your device or data
loss from using our service
21 Liability Limitations:
VM app is not responsible for:
21.1 Problems in using or accessing VM app and its tools.
21.2 Service disruptions or delays.
21.3 Malware acquired from VM app or linked sites.
21.4 Errors or inaccuracies in VM app or its content.
21.5 Third-party actions or content on VM app.
21.6 Account-related actions taken by VM app.
21.7 Your methods of managing content on VM app.
22 System Outages:
22.1 Scheduled and unscheduled downtime may occur. We are not liable for:
22.1.1 Service unavailability.
22.1.2 Data or material losses during outages.
22.1.3 Delayed or failed delivery of information due to outages.
22.1.4 Third-party caused outages.
22.2 Service Use Acknowledgment:
You acknowledge that VM app:
22.2.1 Does not replace primary healthcare relationships.
22.2.2 Relies on doctors' professional judgments.
22.2.3 Does not assure prescription provision.
22.2.4 Excludes prescribing certain high-risk drugs.
22.2.5 Reserves the right to refuse service based on potential misuse.
22.2.6 Holds trademarks that require permission for use.
By using VM app, you agree to these disclaimers, understanding the limitations of the
service and accepting the terms of use as detailed.
23 Legal Framework and Dispute Management for VM app
23.1 Applicable Law and Jurisdiction:
23.1.1 The User Agreement is governed by Indian law, independent of the user's
location.
23.1.2 The High Court in Cochin, Kerala, India, holds exclusive authority over legal
proceedings related to this agreement.
23.1.3 Resolving Disputes with VM app:
23.1.4 Smooth Transactions: Typically, VM app transactions proceed without issues.
However, disputes ('Disputes') might occur between users and VM app.
23.1.5 Arbitration Process: Disputes will be settled through arbitration in Cochin,
Kerala, India, in English. The arbitration decision is binding for both parties.
23.2 Handling User Conflicts:
23.2.1 Amicable Resolution: Users are encouraged to resolve disputes among
themselves initially.
23.2.2 Reporting and Legal Action: Users can report disputes to local authorities or
mediation bodies. VM app is not obligated to intervene in user disputes.
23.2.3 Release of Liability: Users release VM app and its affiliates from claims
related to user disputes.
24 Security Protocols on VM app:
24.1 Prohibited Actions: Users must not:
24.1.1 Access unauthorized data or accounts.
24.1.2 Breach or test system security.
24.1.3 Disrupt services or networks.
24.1.4 Send unsolicited messages or forge communication headers
25 Legal Consequences: Security violations may lead to legal action. VM app will cooperate
with authorities in such cases.
26 Usage Restrictions: Users agree not to interfere with VM app's operations or use
unauthorized tools for navigation or search on the platform.
27 By using VM app, you agree to adhere to these legal and security guidelines, ensuring a safe
and compliant experience for all users.
28 VM app Terms of Service: Comprehensive Guide
28.1 Privacy and User Data
28.1.1 User information and content are governed by our Privacy Policy, ensuring
confidentiality and proper handling of personal data.
28.1.2 Electronic Communication Consent
28.1.3 By using VM app, you agree to electronic communication for service-related
information. We will primarily contact you through messages or notices on the app.
28.1.4 All electronic contracts, notices, and communications meet legal standards for
written documentation.
29 Legal Compliance Obligations
29.1 Familiarize yourself with and adhere to applicable local, state, international laws,
and VM app policies.
29.2 Ensure that your activities on the app comply with all relevant laws, especially in
your jurisdiction
30 Third-Party Website Links
30.1 VM app contains links to external sites for user convenience.
30.2 We are not responsible for the content or practices of these sites.
30.3. Accessing third-party websites is at your own risk, without our endorsement.
31 No Waiver of Rights
31.1 Our failure to enforce any provision at any time does not waive our right to
enforce it later.
31.2 Any waiver of our rights does not affect future compliance requirements.
32 Severability of Terms
32.1 If any provision is deemed invalid or unenforceable, it does not affect the
validity of other terms.
33 Assignment and Delegation
33.1 You cannot transfer your rights or obligations under these terms without our
prior written consent.
33.2 VM app can assign rights and delegate obligations without your consent.
Unauthorized assignments are void.
34 Force Majeure
34.1 We are not liable for failure to meet obligations due to events beyond our
control, including natural disasters, riots, or technological issues.
35 Digital Agreement and Electronic Records
35.1 Registering an account signifies your electronic agreement to these terms.
35.2 You consent to receive electronic records and notices.
35.3 Withdrawal of electronic consent results in termination of service access.
35.4 Notify us of any changes to your email address to ensure continuous electronic
communication.
36 Entire Agreement
36.1 These terms represent the full agreement between you and VM app, superseding
any prior agreements.
36.2 The terms govern the rights and obligations of VM app users.
37 Advice of Counsel
37.1 You acknowledge having the opportunity to review these terms and seek legal
advice.
37.2 Your use of VM app signifies agreement to these provisions
38 This comprehensive guide outlines your responsibilities and rights as a VM app user,
ensuring a clear understanding of our mutual agreement.
39 Termination of Services
39.1 User Termination: Users can terminate their relationship with VellnezMed at
any time. The platform provides a simple process for account closure, ensuring
users can discontinue their use of the services with ease.
39.2 VellnezMed Termination: VellnezMed reserves the right to terminate a user's
access to its services in cases of ethical violations, fraudulent activities, or noncompliance with platform guidelines.
40 Amendments to Agreement
Any changes to these terms require mutual consent between the user and VellnezMed. Users
will be notified of amendments, and continued use of the platform post-notification implies
acceptance of the new terms.
41 Data Privacy
The Privacy Statement is a key document for users to understand how their data is handled
and protected by VellnezMed. Users are encouraged to read this statement thoroughly.
By understanding and adhering to these terms, Users ensure a respectful and lawful engagement
with the VM app's services and content.
By accepting these terms, Users confirm their understanding of the scope and limitations of VM
app's services and their own responsibilities in utilizing these services.
By accepting these terms, Users confirm their understanding of the VM app's limited role, and
their assumption of the risks associated with the use of its services.