WRIZTO

TERMS OF USE

Wrizto (“App”) is the property of and operated by WRIZTO HEALTHCARE PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, having its registered office at #1, 3rd Floor, 2nd Cross, 5th Main, N. R. Colony, Bangalore – 560 019, Karnataka (“Wrizto”). Wrizto is a subsidiary of Wenzins Technologies (I) Pvt Ltd and is in the business of aggregating healthcare and other similar service providers in the Territory.

By accessing or using the App, you signify that you have read, understood and agreed to be bound by these terms of use (“Terms of Use”) and any applicable law, whether or not you are a registered user of the App. If you do not agree with these Terms of Use, please do not access and/or use this App.

For the purposes of these Terms of Use, “we”, “our” and “us” shall mean Wrizto and “you” and “your” shall mean a user of the App who meets the eligibility criteria set out below, including third party healthcare professionals and service providers (“User”).

1. ELIGIBILITY

  • 1.1   You represent and warrant that you are competent and eligible to: (i) avail/procure and render/supply the services and products covered hereunder; (ii) enter into a legally binding agreement; and (iii) be bound by these Terms of Use. You shall not access and use this App if you are not competent to contract under Indian law.
  • 1.2   If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this App and avail of the features and facilities, on its behalf, only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
  • 1.3   A User, being a healthcare professional or service provider, will be required to also fill-up and submit the appropriate enrolment form available at www.Wrizto.com. Upon submission thereof, such Users will be bound the additional terms and conditions specified therein or thereat. Further, such Users agree to provide Wrizto with a list of its/her/his respective services and products proposed to be offered to consumers. Such Users hereby authorises Wrizto to communicate the aforesaid list to the consumers.

2. INTELLECTUAL PROPERTY POLICY

  • 2.1   Wrizto and its licensors, if any, are the owners of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App.
  • 2.2   The contents on the App, including, without limitation, data, images, graphics, text, reports generated, trademarks, tradenames ("App Content"), constitute our and/or our licensors’ intellectual property. The App and the App Content are protected by the copyright laws in all applicable jurisdictions.
  • 2.3   You may access the App, avail of the features and facilities and utilize the App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App, App Content and App’s features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular App Content, you may contact us in the manner provided for herein.

3. USER ACCOUNT, PASSWORD & SECURITY

  • 3.1   The App’s registration process can be completed using your valid email ID and/or such other methods as prescribed in the login window of App, from time to time. You will receive a password and account designation (“Account”) upon completing the App's registration process. You shall be: (i) responsible for maintaining the confidentiality of your Account and the password; and (ii) fully responsible for all activities that occur under your Account. You agree to: (a) immediately notify us of any unauthorized use of your Account or any other breach of security; and (b) ensure that you logout from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 3.1.
  • 3.2   You may terminate your Account upon completing the de-registration process as outlined in the App. However, please note that deletion of the App from your hand-held device (“Device”, having the minimum specifications provided for in Clause 6 below) does not constitute termination of your Account.
  • 3.3   Any and all health and medical records uploaded into a User’s Account (“User Records”) shall, at all times, belong to the concerned User and not be, in any manner whatsoever: (i) disclosed to any third party; and/ or (ii) commercially exploited. Any and all sensitive personal information contained in the User Records shall be treated as ‘confidential’ by Wrizto and/or the concerned healthcare professional and service provider who are given access thereto. Such User Records shall be utilised by the concerned healthcare professional and service provider for the sole purpose of rendering services and/or supplying products to the User and not for any other purpose whatsoever.

4. USE OF APP: FEATURES & FACILITIES

  • 4.1   Through the App, Wrizto primarily enables consumers to avail of services and products from third party healthcare professionals and service providers.
  • 4.2   Wrizto hereby grants to you a restricted, non-transferable, license to download and use the App on a Device, which you own or control, in order to avail of the functions and features in accordance with these Terms of Use.
  • 4.3   Your usage of the App will necessitate you to provide to us certain personal information, which shall be collected and maintained as per the terms laid down in our privacy policy available at www.Wrizto.com (“Privacy Policy”).
  • 4.4   It is hereby clarified that Wrizto is only a facilitator and aggregator of healthcare professionals and service providers. Accordingly, Wrizto shall not be responsible for the quality of the services rendered and the products supplied or payment due therefor. The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned Users. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and not Wrizto. Further, we shall not be liable to mediate or get involved in and resolve any disputes or disagreements inter se between Users.
  • 4.5   In order to avail of the services and products, a User (being a consumer) shall, at his/her sole discretion, be entitled to choose from out of the various healthcare professionals or service providers listed on the App.
  • 4.6   While Wrizto may charge a User, being a healthcare professional or service provider, for the services rendered through the App, the same will be done uniformly. On account thereof, it is hereby clarified that there will be no prioritization or differential listing of such Users.
  • 4.7   You, being a consumer, expressly acknowledge and agree that Wrizto will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of services on the part of a healthcare professional or service provider and/or such other claims pertaining to, including, without limitation:
    • 4.7.1   quality, authenticity and availability of the services and products;
    • 4.7.2   delay in performance/delivery or non-performance/delivery of the services and products availed/procured;
    • 4.7.3   damage and/or loss to the products procured;
    • 4.7.4   exchange and return of the products procured;
    • 4.7.5   injury, death and/or side effects caused due to the services and products availed/procured;
    • 4.7.6   non-maintenance of a User’s health and medical records;
    • 4.7.7   non-maintenance of consent forms provided by healthcare professionals or service providers;
    • 4.7.8   consumer satisfaction and addressing issues pertaining to the same;
    • 4.7.9   choice of packages, rates, discounts on the services and products;
    • 4.7.10  miscommunication on account of unforeseen network/server issues; and/or
    • 4.7.11  insurance and other related services.

5. COMMUNICATIONS

  • 5.1   Accepting these Terms of Use implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS, calls using prerecorded messages or artificial voice, calls and messages delivered using auto-telephone dialing system or an automated texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
  • 5.2   You certify, warrant and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using a particular telephone number(s) and/or email address(es).

6. SYSTEM REQUIREMENTS

  • 6.1   In order to use the App, you are required to have a compatible Device with [INSERT MINIMUM SYSTEM REQUIREMENTS] and/or such other specifications as may be prescribed by Wrizto from time to time.

7. USER GUIDELINES

  • 7.1   In consideration of Wrizto granting you a license to download and use the App, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair any Wrizto server, any network(s) connected to any Wrizto server, or interfere with any other party's use and enjoyment of the App. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks connected to any Wrizto server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the App.
  • 7.2   The App is made available to you for your own personal and non-commercial use alone. You shall, directly or indirectly through third parties, not: (i) make and/or distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or (iii) create derivative works of the App.
  • 7.3   The User acknowledges that he/she shall be solely responsible for procuring appropriate and secure internet connectivity to enable him/her to access and use the App.
  • 7.4   You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
  • 7.5   You shall request Wrizto to disable the Account and change the password immediately for the Account, if your Device has been lost or stolen.
  • 7.6   You are responsible for any and all activities that occur in your Account. You agree to notify Wrizto immediately in the event of an unauthorized use of the Account or any other form of security breach. Wrizto shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Wrizto, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge. Further, you shall not use any other person’s Account at any time, without an express prior written permission of the concerned Account holder and Wrizto.
  • 7.7   You shall be liable for losses incurred by Wrizto or any other party due to a third party’s use of your Account.
  • 7.8   Wrizto shall make all reasonable efforts to ensure that your information is kept confidential. However, Wrizto shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to force majeure, theft, negligence or failure on your part to practice safe computing.
  • 7.9   You shall ensure that, while using the functions and features of the App, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. Wrizto shall not be liable in any manner whatsoever for default of any nature by you.

8. USE OF RATING INFORMATION

  • 8.1   The rating information presented on the App is collected by Wrizto from the Users of the App. The rating information presented on the App does not imply any endorsement by us and represents only the views of the Users rating the services and products provided by the concerned healthcare professionals and service providers listed on the App.
  • 8.2   Wrizto makes no representations or warranties as to the accuracy or completeness of the rating information provided. The rating information is offered for informational purposes only. Your use or reliance on such information is at your own risk, and you are solely responsible for any action or outcome arising from your use of or reliance on such rating information.

9. INDEMNIFICATION

  • 9.1   You agree to defend, indemnify and hold harmless Wrizto, its directors and personnel from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your download, access and use of the App in violation of these Terms of Use.
  • 9.2   In the event of a breach of the terms hereof, specifically Clause 3.3 above, the party-in-breach shall be liable to both Wrizto and/or the concerned User, as the case may be. Accordingly, the party-in-breach hereby agrees to indemnify and hold harmless Wrizto and/or the concerned User, to the fullest extent permitted under applicable law, from and against any and all claims, damages, costs and expenses, including attorneys' fees.

    • 10. LIMITATION OF LIABILITY

    • 10.1   IN NO EVENT SHALL WRIZTO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER ARISING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WRIZTO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ACCOUNT OF, INCLUDING WITHOUT LIMITATION: (I) DAMAGE OR LOSS OF DATA OR PROFITS; (II) DOWNLOAD, ACCESS, USE OR PERFORMANCE OF THE APP’S FUNCTIONS AND FEATURES; AND/OR (III) INTERRUPTIONS, DELAY, ETC. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

    11. DISCLAIMERS

    • 11.1   The App and the functions and features therein are provided on an "as is" and on an "as available" basis. Wrizto expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • 11.2   Wrizto shall make reasonable efforts to make the App and the functions and features available at all times. However, Wrizto makes no warranty that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free; nor does Wrizto make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
    • 11.3   Wrizto shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Wrizto, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.

    12. MAXIMUM EFFECT

    • 12.1   The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, Wrizto and Wrizto’ affiliates’ (and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

    13. TERMINATION

    • 13.1   You may delete your Account, with or without cause, by following the prescribed process set out in the App. Wrizto reserves the right to terminate and/or suspend your Account immediately, without notice, if you breach these Terms of Use.
    • 13.2   We may also, with or without cause, take any of the following actions in our sole discretion without giving you any prior notice:
      • 13.2.1   limit, suspend or terminate your access to all or any part of the App;
      • 13.2.2   remove any material that you have submitted to the App; and
      • 13.2.3   disable or delete your Account and all related information in your Account.

    14. UPDATES

    • 14.1   Wrizto reserves the right to update the App, in order to, inter alia, increase efficiency, optimize user interface, and add new features and/or facilities, from time to time. Update packages may be sent to you to download and install on your Device.
    • 14.2   You hereby agree and acknowledge that you will be able to access and use the App only upon you downloading and installing the updates promptly.

    15. RIGHT TO MODIFY TERMS OF USE

    • 15.1   We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this App following any such change constitutes your deemed acceptance to be bound by these Terms of Use, as updated or modified from time to time. For this reason, we request you to review these Terms of Use each time you access and use this App.

    16. SEVERABILITY

    • 16.1   If any part of the Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that part shall be severed and the remaining sections shall remain in full force and effect.

    17. FORCE MAJEURE

    • 17.1   Wrizto and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

    18. DISPUTE RESOLUTION

    • 18.1   In the event of any claim or dispute arising out of or in connection with these Terms of Use, including any question regarding its validity or termination, the parties agree that prior to initiating any legal action they shall use reasonable endeavours to resolve any dispute by good faith negotiations. If, for any reason, the parties are unable to resolve the claim or dispute within 14 (fourteen) calendar days of their first meeting, the parties shall refer the claim or dispute to arbitration. The arbitration proceedings will be conducted by a single arbitrator, mutually appointed by the disputing parties, in accordance with provisions of the Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The arbitration will be held in Bangalore, India. The language for arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its reasonable attorneys' fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.

    19. GOVERNING LAW & JURISDICTION

    • 19.1   These Terms of Use shall be governed by the laws of India. Subject to Clause 18 above, the courts in Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.