Terms and Conditions

Active Wellness Terms of Service

Welcome! You are electing to join Active Wellness to access the Whole of life ecosystem that includes but is not limited to Wellness, Prevention, Risk Assessment and Chronic Disease management and health transaction management e-platform that allows you to not only self- manage but also work with provider networks, diagnostic labs, and pharmacies for addressing your health and counseling services over the Internet.

Please read the following important terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Services (defined in Section 2 below), and constitute a binding legal agreement among you, as a user of the Services, and Active Health Technologies LLP, Active Wellness Private Ltd., ActiveMD Online Care Services, ActiveLAB online diagnostic services, ActiveMED pharmacy services, Active Social lounge, ActiveH consumer services and other services, Partners, Content Providers, Business Associate and any other entities either independent or controlling, controlled by or under common control with the foregoing (collectively, “Active Wellness,” “we” or “us”).

IMPORTANT: Active Wellness is not a Health Care Service Provider or an Online Seller of Products, or seller of health insurance company, or a Sick care provider. Active Wellness is a technology platform that provides a Total Healthcare Ecosystem that enables consumers to manage their health, store records, activate reminders, monitor and track the health actions including but not limited to intake of drugs, tests, assessments, interactive reports etc. The technology platform we offer enables consumers to connect to  directly in connection with the health needs to, our affiliated healthcare providers, plans and service providers within our network of affiliated Healthcare professionals (“Providers”) to obtain complete online healthcare services starting from Wellness, Prevention, Lifestyle management, Risk assessment and its mitigation, chronic disease management besides enable seamless connection of patients with Providers that provide healthcare services for wellness, prevention, disease management, interventions on life style management,, physiotherapy and psychiatric, counselling and related therapeutic services. Providers may include, but are not limited to, primary care physicians (allopathic, ayurvedic, homeopathic), specialists, dieticians, physiotherapists, psychologists, psychiatrists, nurses, counsellors, clinical social workers, and marriage and family therapists. “Providers” include employees, agents, business associates, or independent contractors or independent online Providers through Active Wellness ActiveMD Online Care. Providers listed on Active Wellness are paid for their clinical services and have no financial interest in Active Wellness. Providers listed on Active Wellness have an active license in the states listed on their profile. “Active Wellness” or the terms “we” or “us” or similar terms refer to Active Wellness ActiveMD Online Services. “You” or “your” or similar terms refer to you as a user of our Services (defined below).

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL YOUR PROVIDER OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL YOUR PROVIDER, OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOUR CONDITION IS OF AN ACUTE AND SEVERE CONDITIONS YOU SHOULD CONTACT A PROVIDER OR GO TO CLINIC OR AN EMERGENCY ROOM.

1. Applicability of These Terms.

Your access to and use of the Services is conditioned on your compliance and unqualified and unequivocal acceptance of these Terms. By becoming a registered user and/or accessing and/or using the Services, the Site, or any portion of the Services or the Site (Either directly or through partners, associates etc.), you agree to be bound by these Terms and all applicable laws and regulations governing the Services. If you do not agree with these Terms, you are not authorized to access or use the Services for any purpose whatsoever. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.

If a third party, such as someone in your physician’s or Provider’s office, or a care coordinator or other third party, has been granted access by Active Wellness to its Site for the purpose as setting up your user account, providing your with health service you will receive notice of that event and be asked to activate the account by email to the email account you provide. By activating the account you are agreeing to be bound by these Terms as stated above, and to grant access to that third party to the contents of your user account, Active Wellness Profile, Provider care notes, your medical records etc., receive appointment reminders, alerts and record of sessions conducted through the Site, until such time as you revoke this access by emailing a secure message via your Active Wellness account to the Active Wellness Administrator requesting removal of that third party's access to your account.

2. Our Services.

The Active Wellness e-health platform includes, without limitation, the following services (collectively, the “Services”):

(a) the facilitation of electronic or telephonic communications with Providers,

(b) the provision of appointment scheduling and reminders, claims submission and processing, and other services related to online counselling and therapy for both our registered users and Providers, and

(c) the storage of medical data and medical records, generate real time alerts,  allow generation of prescription, test orders, and health management orders.

(d) Online ordering medication, tests, consults etc..

(e) the provision of other information about Active Wellness and our products and services through our website, https://activewellness.in (the “Site”).

THE SERVICES DO NOT INCLUDE THE PROVISION OF ONLINE MEDICAL CARE, OR MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY ACTIVE WELLNESS.

Rather, Active Wellness is a technology provider that facilitates access and creates a gateway for you to share your medical records with providers for effective interactions, and the billing and payment of, the online counselling services (provided by Providers) through the Active Wellness platform. The Platform provides care teams and caregivers the ability to interact with you and manage your health.  

THE PROVIDERS ARE NOT THE EMPLOYEES OR AGENTS OF ACTIVE WELLNESS. Connecting with each Provider either in his clinic or through the tele-health platform is at your sole discretion. By connecting through the Active Wellness Ecosystem you hereby give your express and unlimited consent for the Provider interaction. This interaction is solely at your discretion and at your choice without any coercion where the Active Wellness Ecosystem is not responsible for the medical diagnosis or treatment prescribed by the provider, this also includes without limitation, your consent to use tele-health in the course of any consultation conducted through the Services, to the extent such consent is required by applicable state law.

3. Delivery of Medical Advice.

While the Services may provide access to a knowledge library where certain general medical information, and also may provide messaging functionality to contact your Provider(s), the Services cannot and are not intended to provide medical advice. The content is informative and general in nature and not specific or customized for each individual user. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. The ecosystem is a whole of life system that has a focus on  prevention, wellness, risk assessment and chronic disease management with a set of tool that aides you and the providers to allow generation and creation of health records, allow a self-review, track and monitor your health and raise alerts on actions and escalate to care team the issues deemed as unhealthy, gaps in care etc. and suggest action items for remaining healthy and disease free. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

To the extent medical advice is provided to you by a Provider through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by Active Wellness, but are provided by your Provider.

THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE FROM A QUALIFIED PROVIDER) IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

4. Eligibility Requirements to Access Member Portions of the Site.

Access to certain portions of the Site and/or certain Content is restricted to registered users of our Services and their authorized representations.

Payment policies

You agree to promptly pay all fees and charges, that are a prerequisite for the use of Provider Services and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your Active Wellness user profile.

You understand and agree that you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least one business day in advance.

Any "linked" payment processing accounts with third parties (such as PayPal, other payment gateways) will appear in your user profile on the Site, and you will be able to view at least certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

If you have a health benefits policy that provides health coverage, you may be entitled to insurance reimbursement for Provider Services. You can discuss this with your insurance company by contacting them directly. Active Wellness offers no guarantee that you shall receive any such reimbursement.

Regardless of insurance reimbursement, payment to your Provider(s) or Active Wellness on behalf of your Provider(s), as applicable, for full payments or co-payments, deductibles and co-insurance amounts for Provider Services, is required at the time of each appointment or purchase of service request for purchase of tests and diagnostic services. If you do not have insurance coverage for Provider Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses and make the payment for confirming your appointment. The payments will be made and you can claim reimbursement from the payer or third party as applicable

Finally, in order to access the member-only portions of the Services, you must provide us with a current, valid email address so that we may contact you. By creating an Account, you agree to keep your email address updated. You also give your consent to receive promotional offers from our associates, subsidiaries, business associates and partners. You will have to subscribe to the packages that will give you access to the paid sections.

There is no guarantee that you will be accepted as a registered user, or as a patient by one of our Providers. Even if you are accepted as a patient by a Provider, your Provider may determine the type of service that is required for your specific condition. This may be a personal clinic visit if necessary. The Provider may decide that an online consultation / counselling services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide online counselling services to you through the Services in your Provider’s sole discretion.

5. Registered User Accounts.

In order to access certain features of the Services you will be required to become a registered user of the Services by creating an Active Wellness account (“Account”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

If you add a minor under you hereby expressly state that you are the legal guardian and authorized to manage and maintain an account on his behalf. You hereby indemnify and will keep indemnified Active Wellness on this account.

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your Active Wellness online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your user profile. Each time you log in to our Services, we will remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully complete questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. Active Wellness cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. Provider Profiles.

As part of Active Wellness’s e-health platform, Active Wellness provides ActiveMD Online Care Services members may provide profile pages for the Providers on the network to enable them to post relevant information about their education, training, experience, and areas of specialization. Providers are solely and exclusively responsible for the content of their respective profiles, and Active Wellness expressly disclaims any and all liability for the content of the Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.

7. Your Active Wellness Profile.

Your Active Wellness profile will be established and maintained for you as a registered user of the Services to enter, store, and access your health information online, and for your Providers to communicate with you about your care. This may include and not limited to history, current conditions, symptoms, complaints, allergies and medications. All of the information contained in your Active Wellness profile will be maintained in accordance with our Terms and our Privacy Policy. You agree to provide accurate and complete information for your Active Wellness profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

Providers may add electronic progress notes to their Active Wellness account or personal records after consultations with you, detailing the findings, diagnosis, treatment plan, and recommendations, including any laboratory tests that were ordered and any medications that were prescribed by your Provider. We will make available to your Provider and others you have authorized any progress notes in your Active Wellness profile.

We may also include in your Active Wellness profile information provided by your employer or its third-party administrator, or your health insurer, concerning your health plan application, medical history, and claims information. You consent to our access to this information and to our adding it to your Active Wellness profile. This information will assist us in verifying your identity and it will assist our Providers in providing online counselling services to you. As part of your Active Wellness profile, this information will be subject to the protections under our Privacy Policy.

It is your responsibility to confirm the accuracy of any third party information uploaded to your Active Wellness profile.

IT IS THE OBLIGATION OF EACH OF YOUR PROVIDERS AND ACTIVE WELLNESS TO USE AND DISCLOSE ANY INFORMATION INCLUDED IN YOUR ACTIVE WELLNESS PROFILE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH THIRD PARTIES. BY REGISTERING FOR THE SERVICES AND DESIGNATING YOUR PROVIDER(S) AND OTHER AUTHORIZED REPRESENTATIVES, YOU AGREE TO DISCLOSE THE CONTENTS OF YOUR COMPLETE ACTIVE WELLNESS PROFILE TO YOUR DESIGNATED PROVIDER(S).

EXCEPT FOR COUNSELING AND E-CONSULTS AND PHONE CALLS / VIDEO CALLS SESSIONS WHICH ARE RECORDED, ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ACTIVE WELLNESS’S SECURE MESSAGING PLATFORM, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH ACTIVE WELLNESS’S SECURE MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR ACTIVE WELLNESS PROFILE.

8. Responsibility for Your Care; Verifying Credentials of Providers.

Your medical care (including but not limited to wellness, prevention, chronic disease monitoring and other health conditions) including lifestyle and mental health care are solely the responsibility of you and your Provider(s).

Under the Services, the healthcare advice and services are provided exclusively by Providers. Active Wellness ActiveMD Online Care Services supports Providers by providing them with a license to USE our Active Wellness intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to Active Wellness’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of health services is reserved to Providers.

All Providers available through the Services represent that they have degrees, licenses and/or certifications, as applicable, in the areas of clinical medicine, psychology, psychiatry, marriage and family therapy, clinical social work, or counselling. Active Wellness attempts to confirm the credentials of all Providers and to validate that they are in good standing with their respective licensure board(s). However, Active Wellness is not responsible for credentialing Providers, makes no representation regarding the accuracy of Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Providers. In addition, changes in your Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Provider. We recommend that you separately confirm that your Provider is in good standing with his or her respective licensing board(s).

9. Use of the Services by Children.

The provision of online health and counselling services by Providers through the Services is available for use by children age 3 and above, but the registered user for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with our Terms and our Privacy Policy.

10. Privacy.

When you use the Services, Active Wellness will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. When you use the Services, Active Wellness has access to, and in many cases will monitor, your usage of the Services as you send and receive Content (as defined in Section 14 below). By using the Services, you agree that Active Wellness may collect, use, and disclose information you provide during your use of the Services as set forth in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements alerts, and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving.

Secure electronic messaging is always preferred to insecure email, but under specific circumstances, insecure email communication containing protected health information (“PHI”) may take place between you and Active Wellness.

For your convenience, Active Wellness sends you Instant messages, SMS and also lets you receive email communications containing PHI. This email communication is not encrypted and may include messages from your Provider, appointment reminders, treatment referrals, monitoring and tracking alerts and prescription and therapy information.

You should consider that standard email is not a secure means of communication. There is some risk that any PHI contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Active Wellness cannot ensure the security or confidentiality of messages sent by email.

You will receive email communication from Active Wellness and Providers. If you choose to receive PHI in emails, you authorize Active Wellness to send you messages that include PHI, which may include disclosure of health conditions, mental illness, substance abuse, and sexually transmitted disease. This authorization indicates you understand and accept the risks involved with insecure email communication of your PHI.

You may always elect not to receive message content containing PHI. In that case, you would instead receive secure notifications of new messages that require you to log in to Active Wellness’s secure site to read message content. We recommend this option if you want to increase the security and confidentiality of your communications on Active Wellness. This will require that you have a broad band connection.

Active Wellness or service providers also may contact you to cancel, schedule or reschedule appointments via phone. By providing your contact information and agreeing to these Terms of Service, you give your consent to Active Wellness or the service providers to leave voice messages or speak with third parties at the phone numbers provided by you. Such contact by Active Wellness will not divulge your personal health information and will be limited to confirmation or rescheduling of appointments with Providers. It also includes Provider teams to contact you regarding health activities. If you wish to opt out of such communications, please contact customer services at helpATactivewellnessDOTin to request “Confidential Communications” and all reasonable requests shall be accommodated.

11. User Supplied Material.

If you supply any comments, information, or material via the Site, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any individually identifiable health information you submit to us, all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to Active Wellness all right, title, and interest in and to any such information or material, without any restriction or obligation to you.

12. Restrictions on Conduct.

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

(a) upload, post, email or otherwise transmit any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);

(b) upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(c) use the Services to collect or store personal data about other users without their express permission;

(d) Knowingly include or use any false or inaccurate information in any profile;

(e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;

(f) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;

(g) use any meta-tags or other hidden text or metadata utilizing a Active Wellness name, trademark, URL or product name;

(h) attempt to probe, scan or test the vulnerability of any Active Wellness system or network or breach or impair or circumvent any security or authentication measures protecting the Services;

(i) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;

(j) use the Services in any way that competes with Active Wellness, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Providers, directly or indirectly; or

(k) encourage or instruct any other person or entity to do any of the foregoing.

13. Termination; Cancellation.

Active Wellness is continually evolving and innovating. We may change our Services, our Site, the Content we offer, and the products or services you may access at any time. We may discontinue offering our Services or Site and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Active Wellness will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your Account at any time and for any reason by sending Active Wellness notice for deactivating your account. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Active Wellness.

Any suspension, termination, or cancellation will not affect your obligations to Active Wellness under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 14 (Ownership of Intellectual Property Rights), Section 16 (Third Party Websites; Interest-Based and Other Advertisements), Section 17 (Disclaimer of Warranties), Section 18 (Indemnification), Section 19 (Limitation of Liability), Section 21 (General Terms), Section 22 (Arbitration) and Section 23 (Governing Law and Forum for Disputes) shall survive and remain in full force and effect, but the provisions of Section 15 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

14. Ownership of Intellectual Property Rights.

The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by Indian and  international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to Active Wellness, the Services, the Site, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in Active Wellness by your use of the Services or the Site.

15. Your License to Use the Services.

When you use our Services or Site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, Active Wellness grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Active Wellness solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without Active Wellness’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Active Wellness or its licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by Active Wellness, the Services are only permitted to be used within India.

16. Third-Party Websites; Partner Website links, Advertisements.

We may make available, on our Site and as part of our Services, links to third-party websites Partner Website links, or resources from third parties on the Site.

Active Wellness is not responsible or liable for the availability or accuracy of, and Active Wellness does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. ACTIVE WELLNESS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

17. Disclaimer of Warranties.

Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

ACTIVE WELLNESS AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ACTIVE WELLNESS AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS.

IN ADDITION, ACTIVE WELLNESS AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY ACTIVE WELLNESS WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND ACTIVE WELLNESS AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

18. Indemnification.

You will indemnify, defend, and hold harmless Active Wellness, Active Wellness’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) your access to or use of the Services, the Site, or the Content;

(b) your violation of any of the provisions of these Terms of Service;

(c) any activity related to your Account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or

(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Active Wellness reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

19. Limitation of Liability.

IN NO EVENT WILL ACTIVE WELLNESS OR ACTIVE WELLNESS’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ACTIVE WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF OUR PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS OR SERVICE PROVIDERS ARISING FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TESTS, TREATMENTS THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL ACTIVE WELLNESS BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PROVIDER FROM WHOM YOU RECEIVE MENTAL HEALTH SERVICES. ACTIVE WELLNESS IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF ACTIVE WELLNESS OR ACTIVE WELLNESS’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED Rs. 1000.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

20. Errors and Inaccuracies.

The information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Active Wellness reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Active Wellness will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Active Wellness reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

21. General Terms.

These Terms of Service constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control. Only the executive officers of Active Wellness have the authority to sign a separate signed written agreement between you and us.

Our licensors may be entitled to enforce this agreement as third-party beneficiaries. There are no other third-party beneficiaries to this agreement.

The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms shall continue to be valid and enforceable. Nothing contained in these Terms of Service shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of the Terms are for convenience only and shall have no legal or contractual effect.

22. Arbitration.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 INR, the party requesting relief may elect to resolve the dispute in a cost effective manner though binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration as applicable under the Indian Arbitration Act. The parties must comply with the following rules:

(a) the venue of arbitration shall be Chandigarh.

(b) The arbitrator shall be selected by the company and the arbitration shall be conducted in accordance with Indian Arbitration Act, except as otherwise specified below;

(b) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any dispute, controversy, or disagreement arising out of or relating to these Terms, the breach thereof, or the subject matter thereof, where the total amount of the award sought is $10,000.00 USD or greater, shall be settled exclusively by binding arbitration. The arbitrator shall be selected as per the rules and procedures set out in the Indian Arbitration Act and amendments in force at the time of invoking the arbitration. The arbitration shall be held in the Chandigarh, unless the parties mutually agree to have such proceeding in some other locale. To the extent of the subject matter of the arbitration, the arbitration shall be binding not only on all parties to these Terms, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

23. Governing Law and Forum for Disputes.

THESE TERMS OF SERVICE AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS IN INDIA. YOU AND ACTIVE WELLNESS EACH IRREVOCABLY AGREES THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE UNDER THE JURISDICITION OF DELHI COURTS. YOU AND ACTIVE WELLNESS EACH IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE.

24. Changes to These Terms.

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

25. Contacting Us.

We encourage you to contact us at helpATactivewellnessDOTin if you have any questions concerning our Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is: Active Wellness, C-184, Industrial Area, Sector 75, Sahibzada Ajit Singh Nagar, Mohali, Punjab, India- 160059.