Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS WEBSITE YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE THE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Thank you for visiting the [www.theomnilife.com] website (the "Website"). OmniLife is registered as Omni Life Wellness Private Limited (“OmniLife”, "we", "us" or "our"), which also include our affiliates, having its registered office address at Mezzanine Floor, 97, Bajaj House, Nehru Place, New Delhi – 110019, India.
CHANGES TO THESE TERMS
- We reserve the right to update (change, modify, add and/or delete) these Terms from time to time, at our sole discretion, to reflect company initiatives, changes in the law or technology or changes in our practices.
- When we update these Terms, we will intimate you of the amendments on your email address or on the Website. If you do not agree to the amendments, please do not use the Website or the Services any further. By continuing to use the Website, you will be deemed to have consented to the latest version of these Terms.
- OmniLife is the author and publisher of the Website, the blog contained therein, queries answered by our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Website (including all files and images contained therein, and accompanying data, herein referred to individually or collectively as the “Website”). The Website may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, electronic medical records, billing, inventory, accounting details and other relevant information.
USERS OF THE WEBSITE
- “Users” are individuals who use our Website or avail any Services offered by OmniLife through the Website. The terms “You” or “Your” refer to you as the user. In the event the Website is being used by a person on your behalf, the expression “You” or “Your” or the “User” will apply to such person as well.
- “Wellness Service Providers” or “WSPs” are third parties, including but not limited to registered medical practitioners, psychologists, therapists, physiotherapists, consultants and other incidental and ancillary wellness service providers listed on the Website and who interacts with Users as part of the Services.
ACCESS AND USAGE RIGHTS OF USERS
- A User is permitted to access or make use of the Website for any of the following purposes:
- To browse the Website without accessing any Services;
- To use the ‘Know Your OmniScore’ tool;
- To share the Website via social media applications.
- Access and use the Services, subject to such limitations and restrictions as are prescribed under these Terms or may be otherwise communicated to a User from time to time through any contact information shared by such User through the Website.
- The data and information available on the Website may be categorized as follows:
- Data and information generated or provided by Users on the Website (“User Content”).
- Data and information which OmniLife has generated or procured for the Website and includes data and information generated or provided by WSP (“OmniLife Content”).
- You must be at least 18 years of age or older (in case you are an individual), have a sound mind and not debarred by any law to contract in order to access and use the Website and Services. If you use the Website or the Services on behalf of someone else (including but not limited to, as a legal representative of an individual with mental illness) or an entity (such as your employer), you must be authorized by such individual or entity. Our Website is accessible to children under the age of 18. OmniLife strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
- You will use the Website and the features provided on the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website, or any feature provided on the Website for any purposes not intended under these Terms.
- You should limit the use of this Website to India only. We are not responsible if you avail any Service from outside India. You must have the advice and/or prescription given by such HSP validated by a local registered medical practitioner in your jurisdiction.
- You will not deliberately use the Website in any way that is unlawful or harms OmniLife, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
- You will not use the Website for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
- You will not interfere, disrupt or hamper with the proper functioning of the Website.
- In course of your use of the Website, you may receive communication from OmniLife on Your registered contact information. These communications will relate to the Services provided by OmniLife, transactions that you carry out through the Website and any such information found suitable for your attention by OmniLife. Please note that OmniLife will send these communications only to the contact details that you provide on the Website. It is your responsibility to ensure that you provide the correct contact details for the transaction. Further, OmniLife may also send notifications and reminders to you for the features that you may be using on the Website. You hereby consent to receive such communications from OmniLife.
- Through the Website, OmniLife facilitates the purchase of Services offered for sale by WSP. You understand and agree that OmniLife merely provides hosting services to You. All Services offered for sale on the Website are owned by WSP. OmniLife has no control over the Services provided by the WSPs and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by WSP through the Website will be the sole responsibility of WSP. You understand and agree that Website or OmniLife will have no liability with respect to the authenticity of the Services being facilitated through the Website.
- Use of Services
- Online Consultations (through the WSP);
- Second opinion service;
- User data storage service;
- Such other services may be intimated from time to time.
- The Services are non-transferable and only cover the User.
- Online Consultations
- You are advised not to use the online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
- OmniLife will not be responsible or liable for any harm or loss that you may suffer if you do not satisfy the above pre-conditions and elect to access those Services.
- All Users, who are patients, and who opt for online consultation services, may be required to share medical history, medication history and medical status with the WSPs before video-consulting support can be provided.
- Online consultation services are provided at the express consent of the User and the same will not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if you are issued with a prescription, the same are provided based on the information and preliminary examination, hence the same will not be treated as accurate, final and conclusive. WSP reserves their rights to modify the prescription or recommended tests if the User provides any additional information in future consultation.
The Website may be used to access a variety of wellness and related services. Subject to the limitations and restrictions imposed by these Terms or by OmniLife, you may avail following services through the Website:
The aforesaid list of services is jointly referred to as “Services”.
OMNILIFE RIGHTS TO THE CONTENT
- OmniLife respects the intellectual property rights of others, and We expect the same from You. The Website, User Content and the OmniLife Content are protected by applicable intellectual property laws.
- OmniLife’s rights to the Website and OmniLife Content are as follows:
- All intellectual property in and to the Website and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to OmniLife or its licensors. As a User, you are granted a limited, non-exclusive, non-transferable license to access and use the Website as per these Terms. Through your use of the Website, by no means are any intellectual property rights impliedly or expressly granted by OmniLife to you in respect of such works.
- OmniLife and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Website. Notwithstanding the generality of the foregoing, the name and logo of “OmniLife” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of OmniLife and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of OmniLife and/or its licensors and may be actionable under applicable laws.
- Except as stated otherwise in these Terms, all OmniLife Content (including all intellectual property rights to such content) is owned exclusively by OmniLife and/or its licensors.
- When You use the Website in accordance with these Terms, a limited royalty-free right is granted to You by OmniLife to use OmniLife Content only for personal and non-commercial use in India.
- Unless explicitly stated herein, nothing in these Terms will be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
- Unless expressly authorized by OmniLife, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the OmniLife Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- Rights in User Content: You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that you post on the Website or provide to OmniLife. To the extent permissible by law, you hereby grant OmniLife a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivative works of the User Content.
USER CONSENT & PRIVACY
- You have the option of sharing your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by OmniLife and/or WSPs using the Website, during the course of providing Services to You.
OTHER WEBSITES/MOBILE APPLICATIONS
- You may be provided with links on the Website that direct you to third party websites / applications / content or service providers (collectively “Third Party Content”).
- These Terms do not extend to any other websites/applications except for this Website. We do not make any warranty or give any security to the personal information disclosed by you to the other websites/applications, even if such websites/applications are linked to our Website or they are using our Website.
- OmniLife does not endorse any Third Party Content that You may be directed to from the Website.
- OmniLife will make available qualified WSPs to render Services after carrying out appropriate background and reference checks.
- It is hereby clarified OmniLife’s obligation to carry out appropriate background and reference checks and to validate qualification of WSPs does not go beyond ensuring that the WSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
- Service Levels
- services that involves product delivery including but not limited to medicines/drugs;
- planned downtime that will be communicated in advance to the Users; or
- any unavailability caused by circumstances beyond OmniLife’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider or/and web hosts failures or delays, denial of service attack.
- For the avoidance of doubt, it is hereby clarified that OmniLife’s responsibility towards a User will be limited to the provision of the Services as per the terms and conditions of these Terms.
- If OmniLife suspects any illegal, wrongful or fraudulent activity on the Website by any User, notwithstanding any other rights OmniLife may have against such User, OmniLife reserves the right to inform the relevant government or law enforcement authorities. OmniLife will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- OmniLife reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Website at its discretion. All Users of its Services will be duly notified upon release of such newer versions and OmniLife reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
- The Website and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of WSPs due to unforeseen circumstances, etc.
- OmniLife reserves the right to schedule/reschedule/cancel appointments and swap WSPs at any time without prior intimation.
- OmniLife reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.
- Legal Compliances: OmniLife will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
- Data Recording, Storage, Encryption & Usage
- The information stored on the Website may be entered by You or by an WSP in the course of services provided by OmniLife. The information collected as part of the Services may be stored on a third-party cloud platform (“Cloud Service Provider”) or OmniLife’s server.
- All video-consultations and correspondences between Users and WSPs engaged by OmniLife will be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. OmniLife may review this data from time to time for quality evaluation purposes. However, under normal circumstances, OmniLife will not access any information that identifies you and will either omit, mask or anonymize your personal information at the time of quality evaluation.
- OmniLife does not have the obligation to pre-screen or monitor User Content at any time. However, OmniLife may elect to monitor any User Content and may modify or remove any User Content from the Website if OmniLife determines in its sole discretion that such User Content is in violation of these Terms or any applicable law and best practices. When OmniLife removes any User Content from the Website, OmniLife will make reasonable efforts to inform the User who has posted such User Content.
- All User Content will be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider or OmniLife’s server. OmniLife will take best efforts to ensure that the Cloud Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. OmniLife will however not be responsible for any cyber data theft from its Website or the Cloud Service Provider’s or its own databases.
- OmniLife reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Subject to applicable law, OmniLife will use commercially reasonable efforts to make the Services available to the Users at all times, except for:
- Your use of this Website will be subjected to the following terms and conditions:
- You will observe and comply with these Terms in letter and spirit;
- You will provide full and accurate information about your health, medical history and personal care needs;
- You will strictly adhere to the advice and instructions given by WSPs from time to time;
- You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- You will not decipher, decompile, reverse engineer, or disassemble the OmniLife content;
- You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content;
- You will not frame or hotlink or deep link any OmniLife Content;
- You will not use the Website and / or Services in any way that is unlawful, or harms OmniLife or any other person or entity, as determined in OmniLife's sole discretion.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, and “phishing” as those terms are commonly understood and used on the Internet;
- You will not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and over which You does not have sufficient legal rights; (ii) 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; (iii) harms minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force; (v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vi) impersonates another person; (vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (viii) 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.
- Without prejudice to the rights that OmniLife may have under other provisions of these Terms, where OmniLife has reasons to believe that a User has violated any provision of these Terms, then OmniLife will, in its sole discretion suspend provision of Services or take any such action against the User as it permissible under law; and/or
PAYMENT, FEES AND TAXES
- You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While OmniLife will strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that you purchase and may vary based on the number or duration of the Services subscribed to.
- You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. OmniLife is in no way responsible for any of the taxes except for its own income tax.
- The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. OmniLife is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of OmniLife.
- All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to OmniLife’ designated bank account.
- An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Website and/or on Your contact details. You may be requested to make the payment immediately. In case the fees against Services are not received within the requested time frame, OmniLife reserves the right to stop provision of Services on immediate basis. You will be solely responsible for the consequences of non-payment for the fees within the requested time frame and have no right of recovery in any form against OmniLife.
- OmniLife will send an intimation of fee receipt through an email and/or your contact details.
REFUNDS, CANCELLATIONS & RESCHEDULING
- You are free to cancel the Service at any time. However, refund will be provided only in the following manner
- Cancellation prior to 7(seven) days from the date of consultation= full refund.
- Cancellation within 0 (zero) to 7 (seven) days from the date of consultation = no refund.
- You are free to reschedule the Service at any time. However, such rescheduling will be subject to availability of the WSP.
- The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In case of any medical emergency, please contact emergency services and/or rush to the nearest hospital.
REPRESENTATIONS AND WARRANTIES
- By Using this Website, you represent and warrant that:
- You are 18 years of age or older and that Your use of the Website will not violate any applicable law or regulation; and
- You will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is strictly prohibited.
- The information set out on this Website has been prepared by OmniLife. The Website does not constitute an offer or invitation for the sale or purchase of any Services of OmniLife or any other party. You acknowledge and agree that the Services provided “as is” and “as available” and that the use of the Services will be at your sole risk.
- This information contained herein may not be copied, reproduced, excerpted from, summarized, distributed or otherwise disclosed, either in whole or in part, to any other person or otherwise used in any way that would violate these Terms without the prior written consent of OmniLife. The information contained herein is subject to change and does not include all information you may require to make a decision on whether to obtain any Services from OmniLife. Therefore, you should not rely upon the information contained herein in making any final decision. You should conduct your own investigation and independently verify the information contained herein. In relation to the information contained herein, OmniLife undertakes no obligation to provide you with access to any additional information or to update or correct the information contained herein.
- OmniLife does not make any representation or warranty, express or implied, (i) as to the reliability, efficacy, accuracy or completeness of the information contained herein; and (ii) that the quality of the services, information provided on the Website will meet your expectations. To the fullest extent permitted by law, OmniLife will not have any liability in relation to such information, and disclaims all liability, excludes all warranties with respect to all services, and information availed from OmniLife or the WSPs. In no event will OmniLife be liable for any special, indirect, consequential or incidental damages.
- Any forward-looking statements contained herein reflect various assumptions of OmniLife, the WSPs / third-party consultants, and are subject to uncertainties and contingencies, many of which are unknown and beyond the control of OmniLife. Accordingly, there can be no assurance that such forward-looking statements will be realized. The actual results may vary from the anticipated results and such variations may be material. Certain information may be based on or derived from information provided by third-party consultants and other medical research publications. OmniLife does not guarantee the accuracy of such information or the assumptions upon which such information is based.
- You should not construe any of the contents of these materials, or any other communications from OmniLife in connection with the services provided by OmniLife, as ‘qualified medical advice’. You should consult your own doctor or other medical advisor/ wellness provider regarding the suitability of such information. OmniLife will not be liable in any manner for or responsible towards the underlying medical advice between OmniLife’s third party consultants/ HSPs and you. The information herein is not targeted at the residents of any particular jurisdiction or country and is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
LIMITATION OF LIABILITY
- To the fullest extent permitted by law, in no event will OmniLife or its contractors or agents (including WSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Website or the Services, materials and functions related thereto whether or not OmniLife has been warned of the possibility of such damages or could have reasonably foreseen such damages.
- Notwithstanding anything to the contrary in these Terms, in no event will the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by OmniLife from the User in the past three months, whichever is lower.
- You hereby agree to indemnify, defend, and hold OmniLife, OmniLife’s contractors, agents, representatives and other authorized users (WSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Website or Service (ii) Your breach of terms, conditions or provisions of these Terms, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim., (iii) any negligent or intentional wrongdoing on your part, (vi) misrepresentations or fraudulent feedback that has adversely affected OmniLife or its Users, (v) Your actions resulting from the your viewing of Content on OmniLife Website, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Website and content within the Website.
USER ACCOUNT SUSPENSION
- In the event where a User has breached these Terms in OmniLife’s sole judgment or when OmniLife is unable to verify or authenticate any information provide by User to OmniLife or when or User fails to provide the consents necessary or desirable for OmniLife to provide the Services (or after providing such consent, later revokes), OmniLife reserves the right to suspend your access to the Website by blocking Your IP address or email id with or without notice to the User.
- Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating a User account and/or User access to the Website and/or Services. Upon suspension or termination, your right to use the features on the Website including Services will immediately cease and OmniLife may permanently remove or delete Your information that is available with OmniLife, including but not limited to login and account information.
- OmniLife will not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by OmniLife in connection with such account termination or suspension.
- OmniLife reserves the right to suspend or withdraw any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Website from you personally or all users temporarily or permanently at any time and without notice. OmniLife may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Website for any reason. OmniLife may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Website without notice to you. If the need arises, we may suspend access to such part of the Website or close it indefinitely.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
- The Website and these Terms are governed by and to be interpreted in accordance with laws of India. All disputes and differences however arising out of or in connection with these Terms will be resolved by arbitration to be conducted by a sole arbitrator, mutually appointed by the parties. The arbitration will be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration will be New Delhi. Subject to the aforesaid, the competent courts of New Delhi will have jurisdiction over any disputes arising under these Terms.
- Severability: If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of the Terms will be interpreted as if such provision were so excluded.
- Notices: All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party will have furnished to the other party in writing in accordance with this provision:
- Waiver: No provision of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Complete Understanding: These Terms contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms other than those contained or referenced herein.
- Force Majeure: OmniLife will not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond OmniLife’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
If to OmniLife: Mezzanine Floor, 97, Bajaj House, Nehru Place, Delhi, India – 110019
If to You: At the email address provided by You.