1. Application and Acceptance of the Terms
- This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms. Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.
- User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Wellmo.
- You acknowledge and agree that Wellmo may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
- The Terms may not otherwise be modified except in writing by an authorized officer of Wellmo.
2. Provision of Services
- The entity that you are contracting with for access to the Platform is Wellmo Services (OPC) Private Limited. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Wellmo disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
- You must register as a member on the Platform in order to access and use Services. Further, Wellmo reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Wellmo may impose in its discretion.
3. Fees and Charges Payable by User
- User will pay to Wellmo, if applicable, fee for use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the user (collectively referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by Wellmo and communicated to the user, from time to time.
- The applicable Platform Fee shall be as communicated by Wellmo to the user(s), from time to time, via the Platform or through such other mode of communication as may be determined by Wellmo in its sole discretion.
- It shall be the user’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform and the services offered by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.
- The Platform Fee shall be exclusive of all applicable taxes, including Goods and Services Tax.
- The receipts for the Platform Fee shall be issued to you via the Platform and the same shall be collected from you as intimated at the time of using the service.
- User understands and acknowledges that Wellmo is merely acting as a payment collection agent on behalf of such third party service providers that are providing the to the User, for collection of fee and charges that is payable by the User to such third party service providers. User acknowledges and agrees that Wellmo shall not be held liable for any claims that may arise pursuant to the User’s use of such services provided by such third party service provider(s).
- Platform Fee may also be borne by the facilitator of the Platform, but only if explicitly communicated by the facilitator of the service that such a benefit is offered.
4. Consulting Service
- Any decisions to purchase any policy/product of offered by Wellmo will be based solely on the User’s independent evaluation of the policies/products offered by the Platform, and their need for the same. The User has the responsibility to determine whether the policies/products offered by Wellmo satisfy the requirements of the User. It is the responsibility of the User to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Website and the User should consult his/its own legal counsel, business advisor and tax advisor as to the legal, business, tax and related matters concerning any products/policies with respect to which guidance is sought or given.
- Wellmo has provided the relevant information in relation to the policies/products on the Website.
- In the event the User requires any further information or assistance, he/she may contact us at email@example.com
5. Users General Restrictions
- You agree to use the Platform or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Wellmo, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
- The Platform is deemed to be in use when it is loaded in a temporary or permanent memory of your computer.
- Wellmo may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Wellmo has no control over such third parties’ web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
- You agree not to undertake any action that may undermine the integrity of Wellmo’s feedback system.
- By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Wellmo or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to Wellmo to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Wellmo that you have all the rights, power and authority necessary to grant the above license.
- User agrees, undertakes and confirms that User’s use of Platform shall be strictly governed by the following binding principles:
- User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or messages using Wellmo communication platform;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
- interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, 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.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Wellmo or cause Wellmo to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Wellmo reserve its right to bar any such activity.
- User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
6. User Accounts
- User must be registered on the Platform to access or avail the Services. Except with Wellmo’s approval, one User may only register one account on the Platform. Wellmo may cancel or terminate a User’s account if Wellmo has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Wellmo may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
- A set of User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
7. User’s Responsibilities
- You represents, warrants and agrees that (a) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms (b) you have full power and authority to accept the Terms of Service, to grant the license and authorization and to perform the obligations hereunder; (c) you use the Platform and Services for business purposes only; and (d) the address you provide when registering is the principal place of business of your business entity.
- User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- User consents to the inclusion of the contact information about User in Wellmo’s database.
- You represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
- Wellmo reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submit to, post or display on the Platform which Wellmo reasonably believes is unlawful, violates the Terms, could subject Wellmo or its affiliates to liability, or is otherwise found inappropriate in Wellmo’s opinion.
- If any User breaches any Terms, or if Wellmo has reasonable grounds to believe that a User is in breach of any Terms, Wellmo shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by Wellmo in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as Wellmo may deem necessary or appropriate in its sole discretion.
- Wellmo reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Wellmo may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
- Each User agrees to indemnify Wellmo, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.
9. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY WELLMO ON OR THROUGH THE PLATFORM ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WELLMO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLMO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; WELLMO DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND WELLMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.
10. Force Majeure
- Under no circumstances shall Wellmo be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. Intellectual Property Rights
- Wellmo is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Wellmo or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Wellmo are hereby reserved.
- “Wellmo” and any other related icons and logos are registered trademarks or trademarks or service marks of Wellmo Services (OPC) Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All legal notices or demands to or upon Wellmo shall be made in writing and sent to Wellmo personally, by courier, certified mail, or facsimile to the following entity and address: Wellmo Services (OPC) Private Limited, …. <<<>>, Attn: Legal Department. The notices shall be effective when they are received by Wellmo in any of the above-mentioned manner.
- All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Wellmo, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) Wellmo is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Wellmo posting such notice on an area of the Platform that is publicly accessible without charge.
13. General Provisions
- Subject to any terms & conditions, the Terms constitute the entire agreement between User and Wellmo with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- Wellmo and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Wellmo’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Wellmo’s right to act with respect to subsequent or similar breaches.
- Wellmo shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Wellmo). User may not assign, in whole or part, the Terms to any person or entity.
14. GOVERNING LAW AND JURISDICTION
- This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. Parties further agree that the courts in Delhi, India shall have an exclusive jurisdiction over such disputes.
15. DISPUTE RESOLUTION
- Any dispute in connection with, arising out of, or relating to this Agreement shall be resolved in accordance with the procedures specified in this Section 14, which shall be the sole and exclusive procedures for the resolution of any such disputes. Notwithstanding the foregoing, a Party may immediately seek a preliminary injunction or other provisional judicial relief if in its sole judgment such action is necessary to prevent irreparable harm to its interests. Despite such action, the Parties will continue to participate in good faith in the procedures specified in this Section 14. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any dispute, unless to do so would be impossible or impracticable under the circumstances. The requirements of this Section 14 shall not be deemed a waiver of any right of termination under this Agreement.
- Negotiation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation. Either Party may give the other Party written notice of any dispute not resolved in the normal course of business. Within ten (10) business days after delivery of the notice, the receiving Party shall submit to the other a written response. The notice and response shall include: (i) a statement of that Party’s position and a summary of arguments supporting that position; and (ii) the name and title of the executive who will represent that Party and of any other Person who will accompany the executive. Within twenty (20) business days after delivery of the initial notice, the executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. The Parties may agree to conduct such meetings by telephone or other technical means rather than in person. All negotiations pursuant to this Section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
- Arbitration. If the dispute has not been resolved by negotiation as provided in Section 15.a within thirty (30) business days after delivery of the initial notice then the matter will be submitted to binding arbitration administered by a sole arbitrator jointly appointed by the parties, in accordance with the Arbitration & Conciliation Act, 1996. In the event the Parties fail to concur in appointing the sole arbitrator, the arbitrator shall be appointed in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The place of arbitration will be Delhi. The language of the arbitration shall be English. The Parties agree that the arbitrators shall not make any award for exemplary, punitive or indirect damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Notwithstanding the foregoing, if one Party fails to participate in negotiation as agreed in Section 15.a, the other Party can commence arbitration prior to the expiration of the time period set forth above.
16. Grievance Officer
- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Version 1.0 : Updated on Oct 10th 2019