Terms of Use
By accepting these Terms and Conditions, I warrant that I have completed 18 years of age as on date of this agreement and that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
I acknowledge that Welcome Cure Pvt. Ltd., 8, New Hari Niwas, Dattatray Road, Santacruz (West), Mumbai – 400054, India. is the owner/ proprietor of the domain name and website, "www.welcomecure.com" (hereinafter referred to as, “the website”). I also absolve professionals engaged /contracted by Welcome Cure Pvt. Ltd. who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of online video consultation or any form of communication. I also understand and use the website accepting that it is being provided on an as is basis. The website is not intended to be used to:
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Treat or give diagnosis of a medical emergency or medical condition.
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Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition
To the extent permitted by law, all legal claims if any, arising in connection with the use by the user of the Site and any of its Content, shall be brought within one (1) year from the date of occurrence of the event giving rise to such action.
Welcome Cure does not endorse any professional and does not intend to be a source of advertising, solicitation or legal advice on the behalf of any professional. To the fullest extent permitted by law, Welcome Cure is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy.The user by the user of third-party websites is at the usersown risk and subject to the terms and conditions of use for such sites. Welcome Cure does not endorse any product advertised on the Site.
All information available on this Website is not exhaustive and is provided "AS IS" and without any warranties of any kind, either express or implied. All implied warranties of merchantability and fitness for a particular purpose or use are hereby excluded. Disclaimer of Liability of the Medical Center, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of
(i) the fees paid, if any, to Welcome Cure for the particular information or service provided on this Website
or
(ii) Rs.100 (Indian Rupees).
The Welcome Cure.comshall not be liable under any theory of indemnity. In no event shall Welcome Cure be liable for any damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive are hereby waived by the user to the fullest extent permitted by law, even if WelcomeCure.com has been advised of the possibility of such damages. The Welcome Cure expressly disclaims and DOES NOT WARRANT that the functioning of this Website will be uninterrupted or error freeor that they are correct; that any errors will be corrected; that any information on this Website is complete, accurate (although the Medical Center strives for accuracy), or timely (or will be updated); and that this Website, or the server that makes it available, is or will be free of viruses or other harmful components. The user is solely responsible for any damage to your computer system or loss of data that results from downloading any material from this Website.
The user EXPRESSLY ACKNOWLEDGE AND AGREE THAT Welcome Cure , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARENOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF users DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, THE USER’S CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to video consult, Live Chat, Email, Phone).
The user agrees that the user is solely responsible for anything posted by him/ her on the Site. The user further agrees to defend, indemnify, compensate and hold Welcome Cure, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user’s violation of these Terms and Conditions or any claims based upon the users posts/submissions on the Site. The user also consents to abide by the spam policies and undertakes one not to forward unsolicited mails using the "Refer a Friend" feature from Welcome Cure server to any of the users contacts without their prior consent. Failure to do so may result in cancellation of the users account with Welcome Cure.
The user also agrees and states that he/she has understand that the professionals that participate in the site may or may not be affiliated with, employed by or agents of Welcome Cure and that Welcome Cure makes no representations as to the qualifications of any of the physicians who participate in the network. Any listing, name, content, material of any professional or firm found on this site does not constitute any endorsement or recommendations. When deciding to take advice and/or hire any professional or firm, the user shall conduct a prior independent research as to the accuracy of the credentials expressed in the Content. The client agrees to pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the Welcome Cure website. Welcome Cure reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement.
The client understands and agrees that none of the consultations can be cancelled.
The calendar as seen on the Welcome Cure is based on Indian Standard Time (I.S.T.). If a Client is outside of the IST time zone, it is that Client’s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. Welcome Cure will not refund or reschedule appointments based on an error made by the client regarding this issue.
Welcome Cure will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Client has a question about charges made to your account, he or she should contact us immediately. If the charges were made in error, we will immediately credit the account or credit card account for the appropriate or corresponding amount. Welcome Cure has a zero-tolerance policy for chargebacks. Any Client who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to Welcome Cure’s discretion. A minimum charge of Rs. 2000 per chargeback will be assessed for all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an appointment within 24 hours at any particular point of time will not allow refund of the Consultation fee.
The user expressly agrees that exclusive jurisdiction for any dispute with Welcome Cure, or in any way relating to use of the Site, resides in the courts of India. The user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Mumbai, India in connection with any such dispute including any claim involving Welcome Cure or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or conditionon a subsequent occasion.
These Terms and Conditions constitute the entire agreement between the parties and supercede all other agreements relating to this subject matter, and set out the complete legal relationship between Welcome Cure and the user arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
Welcome Cure reserves the right to place any third party advertisements on the Site at any time and without notice or consent of the user or without attracting any liability in this regard. Welcome Cure reserves the right to charge Welcome Cure Account holders in the future with prior notice. Welcome Cure Account holders are not, however, obliged to pay for such account membership retrospectively. Welcome Cure reserves the right to release professionals’ responses in circumstances where a client has paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. Welcome Cure reserves the right to limit account holders use of Welcome Cure Accounts. Questions or comments regarding the Site should be directed by electronic mail to askme@welcomecure.com.
The contents on the portal are provided by Welcome Cure for use by the online users as a quick reference of information about doctors, hospitals and other healthcare services providers. The listing of the doctors, hospitals and other healthcare services providers on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of any person or organization. Inclusion in the Directory Listing does not imply recommendation or endorsement nor does omission in the Directory Listing imply Welcome Cure disapproval. The Doctors in Welcome Cure medical panel are board certified practitioners (Registered Medical Practitioners)in their respective countries.
Any information provided by Welcome Cure employees including the doctors on helpline (video consulting, Phone, Live Chat and Email) will be provided to general public to make a more informed decision. Welcome Cure will not be responsible or liable in any manner whatsoever for any damages or any loss (including that of health, life, limb or livelihood) of any kind because of following the advice or instruction given by Welcome Cure employees, associates, contractors and online users.
The user is prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Directory Listing or any of the data or other information contained in the site, , in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by Welcome Cure or any user or any one else authorized by Welcome Cure to this extension, shall form exclusive property of Welcome Cure.
The user also agrees to always seek the advice of a physician or other qualified health provider with any questions that he/ she may have regarding a medical condition. The user further agrees never to disregard professional medical advice or delay in seeking it because of something that has been read on Welcome Cure’s website or have had Live video consulting or online chat or phone call or Email communication with a Welcome Cure team member including the Welcome Cure doctors.
The Directory Listing is provided on an "AS-IS" basis. Welcome Cure disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Welcome Cure does not warrant or represent that the Directory Listing or any part thereof is accurate or complete.The user hereby assumes full responsibility for allcommunications made by the user with any doctor or hospital or other healthcare services providers contacted by the userthrough the Directory Listing. Further, Welcome Cure shall in no event be liable to the user or to anyone for any decision made or action taken by the user in the reliance on information provided on the portal of Welcome Cure. The user undertakes not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of Welcome Cure in the site, in particular the data and content posted therein, and further undertakes to suitably compensate Welcome Cure in this regard for the loss or damage suffered by Welcome Cure due to the said infringement by the user and also indemnifies Welcome Cure to this effect.
The user undertakes to put Welcome Cure on notice, immediately upon coming to know of any infringement of the intellectual property rights of Welcome Cure, by any other user or by third parties.
Fair Usage policy:
Welcome Cure reserves the right to suspend a user's account if we detect unusual operations or malicious intention without any notice. And no explanation is needed by Welcome Cure to be given to the user.
Welcome Cure will not be liable for any damages of any kind arising from the use of this site or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
I have read, acquainted myself and understood the above mentioned terms and conditions and that by using the Welcome Cure site and/or Portal and the Video Consulting, Phone and Email services, I agree to the Terms and Conditions set forth above.