WISE Doctor® - TERMS OF USE

TERMS OF USE

These Terms of Use (“Terms”) govern the use and access of the website, https://wisedoctor.in or https://www.wisedocehr.com (together referred as “WISE Doctor®”), owned and operated by Nischala Technologies Private Limited (the “Company”). By accessing or using WISE Doctor®, you (“Users” or “You”) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the WISE Doctor®, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the WISE Doctor® to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference.

By accessing or using any part of WISE Doctor®, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access of WISE Doctor®. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of WISE Doctor® following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.

Services.
The Company through WISE Doctor® provides a revolutionary new-age software product for efficient Healthcare delivery while enhancing the productivity of Doctors, Technicians, Nurses, Admin staff and providing maximum information to Patients to assist them with their healthcare - pre, during and post their Doctor visit. WISE Doctor® provides the following services to the Users (collectively referred to as the “Services”), which may be withdrawn, changed or new services added from time to time on Company’s discretion:
1. Provide the Users secured cloud hosted holistic EHR application, with fully automated, intuitive workflow driven screens for front-desk, technicians, nurses/assistants, doctors along with special configurable options for senior doctors/management team to suit their specific needs.
2. 100% digitalization of patients records, diagnosis, treatment cycles along with patient compliance tracking of prescription and clinical advice.
3. Assistive screens for vitals and disease activity scores capture and comparison.
4. Provide insights to doctor with detailed reports at micro-level for specific disease, symptoms, patient profile and macro-level to assess age-groups, gender, region-wise metrics for various ailments.
5. Serve as a repository of patient, disease, medicine effectiveness along with demographics for real-time analysis and assist wider stakeholders in the healthcare domain including research community.
6. Fully responsive screens for a wide range of devices across all platforms including desktops, laptops and tablets for ease of use, mobility and flexibility to suit the staff at doctor’s office.
7. Facilitates cross-consultation of doctors with on-demand, context-aware interaction for faster assessment of complex cases.
8. Integration with Pharmacies and Diagnostic Centres for quicker and enhanced services to patients for lab tests, reports and medicines delivery.
9. Prescription supplementary info sheet and medication reminders to encourage patient compliance and increase overall service satisfaction scores.
10. Role based access to staff members to facilitate delegation and distribution of tasks and simple queue-based listing of patients for efficient and seamless service delivery.
11. Provides metrics on wait times at various stages of patient visit to assist in staff augmentation and identify bottlenecks for process improvements.
12. Provides clinic specific reports - to show time served and time-waited by patients at each stage of their visit - front-desk, nurse etc., so that management can know if they need to add/remove staff on a given day of week or at a certain time of day. Also detailed reports to understand patient, diagnosis, medicines details and other lab report data - for co-relation and analysis.
13. Book appointments both in clinic and for remote consultation. View all data entered by Clinic staff including Rx and multiple visits history.
Registration.
1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, age, entity name, telephone/mobile number, email Id and other contact details etc (“User Information”). in order to create and maintain an Account with WISE Doctor®.
2. The usage of the website shall only by the login account of registered Users.
3. You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and in all Your dealings through WISE Doctor®; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account; (v) promptly notify the Company if You discover or otherwise suspect any security breaches relating to WISE Doctor®; and (vi) take responsibility for all the activities that occur under Your Account and accept all risk of unauthorized access. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.
4. The Users who are Doctors, staff members like Secretary/form-desk-admin, Nurse, Physician Assistant, Nutritionist, Physiotherapist etc can register through Clinic facing who can access only the screens they are supposed to access and the data they are supposed to view/create/edit on the website which are under the ‘role-based access’.
5. The Users who are patient can use Patient-facing where the patient can self-register or can get it register through clinic-secretary or Doctor. No charges shall be levied from Patient Users whose registration shall be free of cost and can add/monitor their vitals and lab reports on their login account.
6. The Patients can add two modules namely, Pharmacy Module and Lab Module by taking the license as add-ons similar to Patient Module and Remote Consultation module on payment basis. All modules are integrated for seamless information flow and enhanced user experience for both Doctor & staff and the patient. Please note that the nominal charges shall be levied for the add-on services from the Patient for e.g. to buy medicines by connecting to various pharmacies; similarly - to various Labs which shall be specified by the Company beforehand to such patients opting for such add-ons.
7. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users shall not, under any circumstance, share their username and password with any third party, or otherwise provide to a third party the access of his/her Account. Users further agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.
8. The Company will not be liable for any loss or damage arising from the failure on part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their account.
License.
The Company grants the User a non-exclusive, revocable, non-transferable and limited license to access and use the Services on his/her/its personal device, as made available through WISE Doctor®. The Company may, from time to time, update or modify features of WISE Doctor®, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to WISE Doctor® through the respective Account and login credentials authenticated for a particular Use.
Eligibility.
1. You are eligible to use the Services by registering with WISE Doctor®, if and only, you comply with the following conditions:
  1. You have completed the legal age of 18 years or under such proper parental/ guardian guidance in case of minor, who represent you and takes the responsibility in having an account with the Application in the minor’s name;
  2. You are eligible to enter into a legally binding contract;
  3. You are not barred from entering into a contract by any applicable law for the time being in force; and
  1. Additionally, if you are a Doctor:
    1. You are a recognized medical practitioner registered under the National Medical Commission (formerly, Medical Council of India).
  2. Additionally, if you are a Clinic Owner:
    1. You have the right, authority, and capacity to enter these Terms on behalf of the Clinic and it’s Doctors and must have completed the minimum age i.e., 18 years.
    2. You are authorized to hire and manage the operations of recognized medical practitioners registered under the National Medical Commission (formerly, Medical Council of India).
    3. You or your Clinic are not barred by any applicable law for the time being in force or restricted by the Company from using the Application.
2. You further represent and warrant that:
  1. You have the right, authority, and capacity to enter into these Terms.
  2. You agree that in order to use and have access to certain Services available on WISE Doctor®, you will have to register and create an Account with WISE Doctor®;
  3. You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
  4. Your use of the Services does not violate any applicable law; and
  5. You own or have the necessary licenses, rights, consents, and permissions to use and authorize WISE Doctor to use all the proprietary rights in and to any and all of the User Information, Personal Information and intellectual property pertaining to any such information to enable their inclusion and use in the course of Services being provided by the Services.
3. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to WISE Doctor® that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
4. A registered id can only be utilized by the person whose details have been provided and WISE Doctor® does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
5. Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.
6. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify WISE Doctor® if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
7. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by WISE Doctor® for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, WISE Doctor® may allow authorized third parties to place or recognize a unique cookie on the Your browser. WISE Doctor® does not store personally identifiable information in the cookies.
Privacy.
The Company respects the privacy of Users and has accordingly formulated a Privacy Policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provided on WISE Doctor® and amended from time to time.
Compliance. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
1. the Indian Contract Act, 1872 (“Contract Act”);
2. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
6. Pharmacy Act, 1948 (“Pharmacy Act”) and
7. the Consumer Protection Act, 1986.
Third Party Links.
WISE Doctor® may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.
Pricing and Payment.
The fee/consideration charged by the Company (including that for any of its Services) can be paid through the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc; b) Cash on Delivery on limited locations You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact on WISE Doctor® will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to ’prove otherwise’ shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using WISE Doctor® fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of WISE Doctor® and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Terms and Conditions for Online Medical Consultancy Services
1. BOOKING AN APPOINTMENT
  WISE Doctor® is an online platform that provides a variety of online and online-linked medical/clinical products and services to the Users for health-related information and resources. WISE Doctor® enable Users to connect online with the Doctors and clinics paneled on the WISE Doctor®. The Users (only adults/patients) can book an appointment with any of the paneled doctors/clinics. The Users shall book an appointment from the available slots specified in WISE Doctor®. WISE Doctor® will make best efforts to ensure that Users are provided confirmed appointment based upon availability of Doctors as communicated to the Company. However, WISE Doctor® has no liability if such an appointment is later cancelled by the Doctor, or the same Doctor is not available for appointment. You acknowledge that the doctors empaneled with WISE Doctor® are independent contractors and thereby WISE Doctor® has an independent contractor relationship with such doctors and therefore in no event the Company will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom. The diagnosis, opinions, statements, answers, suggestion for medication (collectively “Consultation” or “E-Consultation”) provided by the doctors through WISE Doctor® are solely the individual and independent opinions and statements of such doctors and do not reflect the opinions of the Company or any of its affiliates. The inclusion of professionals on WISE Doctor or in any professional directory on WISE Doctor® does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and WISE Doctor® disclaims all warranties, either express or implied, in respect of the Consultation provided by doctors. WISE Doctor® (the owners and the employees of the Company) accept no responsibility for any medical, legal or financial events or outcomes related to the consultancy services availed using WISE Doctor® or for inadequacy of, or negligence in, provision of Consultation by any Doctor.
  
  Notwithstanding anything to the contrary contained herein, You alone shall be liable for your dealings and interaction with doctors contacted or managed through WISE Doctor® and WISE Doctor® shall have no liability or responsibility in this regard. WISE Doctor® does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any User, doctors or any other third-party through WISE Doctor®. The Company may, at its sole discretion, suspend User’s or doctor’s ability to use or access WISE Doctor® at any time. The Company can edit profiles of doctors to make them more suitable for patient/ Users searches on WISE Doctor®.
2. YOUR COVENANTS
  User agrees that E-Consultation is not a substitute for physical consultation and the services are meant for general information only. If after the E-Consultation, the doctor recommends any diagnostic tests to be undertaken or issues a prescription, the same are provided based on the information and preliminary examination by the doctor, hence the same shall not be treated as accurate, final and conclusive. Doctors reserve their right to modify the prescription or recommended tests if the User provides any additional information in future consultation. While rendering E-Consultation, the Doctors will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the doctors) etc. All the information with respect to the User history, consultation records, medical record and prescriptions issued by the doctor will be saved with the Company and the same may be used for rendering the Services as to the User from time to time. Services offered by WISE Doctor® are intended for direct use of the User, but the same cannot be used for rendering Services to third parties. The Company disclaims all liabilities arising from use of the Services by the User and the maximum liability of the Company towards the User shall be limited to the consideration paid by the User to the Company.
3. CONSENT TO PARTICIPATE IN TELEMEDICINE OR CLINIC CONSULTATION
  User consent to agree to and understand the following with regards to usage of WISE Doctor® to participate in a telemedicine / video consultation or in-person clinic consultation.
  1. Video conferencing technology will affect consultation and this consultation will not be the same as a direct patient/healthcare provider visit due to the fact that user will not be in the same room as healthcare provider.
  2. there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.
  3. Doctors or Users can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.
  4. User’s healthcare information may be shared with other individuals for scheduling and billing purposes.
  5. Others may be present during the consultation other than healthcare provider in order to enable them to provide effective services. All such personnel will maintain confidentiality of the information obtained.
  6. E-Consultation from a specific doctor shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor, as per his/her availability, shall be sent to you via SMS and/or E-mail. WISE Doctor® reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted doctor reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.
  7. Please note that E-Consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation.
4. NO DOCTOR PATIENT RELATIONSHIP
  Please note that the content provided by doctors on WISE Doctor does not create a licensed medical professional/patient relationship, between the Company and You and does not constitute an opinion, medical advice, or diagnosis or treatment of any condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. The Company does not guarantee, represent or warrants, either expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on WISE Doctor®. The Company do not in any way endorse any individual described herein. In no event shall the Company be liable to You or anyone else for any decision made or action taken by You in reliance on such content or information.
Terms and Conditions for Third-Party Clinics
WISE Doctor® is a marketplace and facilitates the Users to connect to third-party clinics listed on the WISE Doctor®. The Company is not and shall not be responsible for any tests conducted and reports generated by the third-party clinics and does not deal with any of the third-party clinic’s clients or patients through WISE Doctor®. The Company only provides facilitation services to the Users through the WISE Doctor®. User and the third-party clinics agree to use WISE Doctor® and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions. Notwithstanding anything to the contrary contained herein, third-party clinics alone shall be liable for their dealings and interaction with the Users who avail the services and the Company shall not have any liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User and/or the third-party clinic through WISE Doctor®. The Company may, at its sole discretion, suspend third-party clinics or Users ability to use or access WISE Doctor® at any time. The Company shall have no liability or responsibility in this regard.
Restrictions on Use.
1. Users shall not use the Services provided by WISE Doctor®:
  1. for any unlawful purpose or in violation of any applicable laws; or
  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
  3. post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  4. post any content that is false or misleading; or that harasses or advocates harassment of another person.
2. Users are also prohibited from violating or attempting to violate the security of WISE Doctor®, including, without limitation the following activities:
  1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with Services to any User, host or network, including without limitation, submitting a virus to WISE Doctor®, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
  4. transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
  5. removing any copyright, trademark or other proprietary notices from any portion of WISE Doctor®;
  6. reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit WISE Doctor except as expressly permitted by the Company;
  7. submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;
  8. decompiling, reverse engineering or disassembling WISE Doctor® except as may be permitted by applicable law;
  9. linking to, mirroring or framing any portion of the Services;
  10. reformatting any portion of the pages that are part of WISE Doctor®;
  11. accessing WISE Doctor® through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into WISE Doctor®;
  12. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of WISE Doctor® or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  13. attempting to gain unauthorized access to or impairing any aspect of WISE Doctor® or its related systems or networks or Services;
  14. infringing any intellectual property or other proprietary rights of any third party;
  15. copying or using the information, content or data of others available on WISE Doctor® (except as expressly authorized); and
  16. overriding any security feature of the Services.
Remedies.
1. 12.1. User understands and agrees that the Company may review any content on WISE Doctor®, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 13), the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from WISE Doctor® and/or terminating the registration of such violators and/or blocking their use of the Services.
2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.
4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.
Security.
1. The Company acknowledges that it employs industry standard security protocol to ensure that the information that are stored, transmitted or transferred through WISE Doctor® is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through WISE Doctor® due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her account with WISE Doctor® periodically.
2. WISE Doctor® or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.
Intellectual Property.
1. WISE Doctor®, its technology, computer programs, codes, all information available thereon, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the application (collectively “App Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on WISE Doctor® or Mobile App Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.
2. The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on WISE Doctor® infringes upon their copyright, they may notify the Company through an email at help@nischalatech.com
Termination.
1. These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
2. User may deactivate his/ her account and end the registration with WISE Doctor® at any time, for any reason by sending an email to help@nischalatech.com. The Company may also suspend or terminate your use of WISE Doctor, your account and/or registration, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to WISE Doctor® pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services to the User.
3. The Company further reserves the right to terminate this Agreement or discontinue the Services provided through WISE Doctor or any portion or feature thereof for any or no reason and at any time without liability to you.
4. The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Disclaimer & Warranties.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH WISE Doctor® ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF WISE DOCTOR OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON WISE Doctor® OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION, ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY EXPRESSLY DISCLAIMS ANY EMERGENCY SERVICES.
Limitation of Liability.
Neither the Company nor any of its affiliates shall be liable for any indirect, incidental, special, or consequential damages resulting from the use or the inability to use WISE Doctor® including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through WISE Doctor, and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable.
Indemnification.
If anyone brings a claim against the Company related to your actions, you will indemnify and hold the Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on WISE Doctor® and is not responsible for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on WISE Doctor®. The Company is not responsible for the conduct, whether online or offline, of you.
Additions and Alterations to Terms of Use
1. The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your Account, notices posted on WISE Doctor®, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the WISE Doctor.
2. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
3. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
Governing Law, Jurisdiction and Dispute Resolution.
These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.

If anyone brings a claim against the Company related to your actions, User Information, or any other information provided by You to the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on WISE Doctor® and is not responsible for the User Information you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by WISE Doctor® and the Company.
Miscellaneous.
1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.
2. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the User.
3. All the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
4. The Company reserves the right to research and publish general user behavior categorized at its discretion.
5. By using WISE Doctor® and these Terms, You agree to receive account and feature e-mails, calls and messages from the Company.
6. WISE Doctor® uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of WISE Doctor, research and development, and for User administration. In the course of serving advertisements or optimizing Services to You, WISE Doctor® may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Company does not store personally identifiable information in the cookies.

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