I. TERMS AND CONDITIONS

aiwo.com ('Website') is an online service owned, operated and managed by Aiwo Limited (Aiwo' or 'we' or 'us'). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at info@aiwo.com or call us on 1800 572 2496. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

II. OWNERSHIP OF RIGHTS:

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Aiwo. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Aiwo or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

III. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Aiwo that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement

IV. SERVICES OFFERED

Aiwo offers the following services:

• . Acting as gateway for providing appointment with doctors enrolled with Aiwo (part A).
• Acting as a gateway for procurement of supplements, drugs available over the counter and prescription drugs from various druggists and pharmacists who are enrolled with Aiwo (part B).

V. INTERMEDIARY FOR SERVICES

Aiwo only purely acts as the intermediary between you and the service provider mentioned above. No individual service is offered by Aiwo by itself.

VI. PART A-GATEWAY FOR APPOINTMENT WITH DOCTORS

1. RELEVANCE ALGORITHM

Aiwo’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Aiwo. Aiwo will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Aiwo in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

2. LISTING CONTENT AND DISSEMINATING INFORMATION

• Aiwo collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Aiwo takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Aiwo screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
• The Services provided by Aiwo or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and noninfringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Aiwo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Aiwo does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Aiwo disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Aiwo or any User in relation to any User or services provided by such User.
• The Website may be linked to the website of third parties, affiliates and business partners. Aiwo has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Aiwo endorses the linked site. User may use the links and these services at User’s own risk.
• Aiwo assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
• If Aiwo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Aiwo reserves the right to immediately suspend your access to the Website or any of your accounts with Aiwo and makes such declaration on the website alongside your name/your clinic’s name as determined by Aiwo for the protection of its business and in the interests of Users. You shall be liable to indemnify Aiwo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Aiwo or its Users.
• The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Aiwo in the relevant city. Aiwo has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Aiwo is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

3. BOOK APPOINTMENT AND CALL FACILITY

Aiwo enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

• Aiwo will ensure Users are provided confirmed appointment on the Book facility. However, Aiwo has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment
• If a User has utilized the telephonic services, Aiwo reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
• The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Aiwo of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
• Without prejudice to the generality of the above, Aiwo is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Aiwo will not be liable for:
  • User interactions and associated issues User has with the Practitioner;
  • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
  • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
  • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  • Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
• Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Aiwo shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website
• In case where the User does not show-up at the concerned Practitioner’s clinic (patient no-show):
  • User’s account will be temporarily disabled from booking further online appointments on the website for next four (4) months, in case of, three (3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via the website to get an appointment.
  • Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Aiwo of the incident or marks a particular appointment as P.N.S. using the Aiwo Ray software or Aiwo Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 5 mentioned below, for not showing up, Aiwo shall be entitled to take actions as under Clause mentioned below. However Users understand that, actions such as ones mentioned in these Clause are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
  • Following instances, solely at the discretion of Aiwo, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized:
    • User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
    • In case User responds to the PNS Communication with below reasons:
      • Forgot the appointment
      • Chose to visit another Practitioner/consulted online;
      • Busy with other work; or such other reasons (which Aiwo at its discretion decides to be a valid reason to not show up).
    • Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Aiwo, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
    • Aiwo reserves the right to make the final decision in case of a conflict. The total aggregate liability of Aiwo with respect to any claims made herein shall be INR 200.
• Cancellation and Refund Policy
  • In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at info@aiwo.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
  • Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner

4. NO DOCTOR-PATIENT RELATIONSHIP

• Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Aiwo and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
• It is hereby expressly clarified that, the Information that you obtain or receive from Aiwo, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
• The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

• The contents listed on the Website are (i) User generated content, or (ii) belong to Aiwo. The information that is collected by Aiwo directly or indirectly from the End- Users and the Practitioners shall belong to Aiwo. Copying of the copyrighted content published by Aiwo on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Aiwo reserves its rights under applicable law accordingly.
• 3.8.2Aiwo authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Aiwo Content"), are the property of Aiwo and are protected under copyright, trademark and other laws. User shall not modify the Aiwo Content or reproduce, display, publicly perform, distribute, or otherwise use the Aiwo Content in any way for any public or commercial purpose or for personal gain.
• 3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

6. REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Aiwo or with any Practitioner will be subject to our Privacy Policy.

• You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Aiwo in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Aiwo disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Aiwo shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
• Your publication of reviews and feedback on the Website is governed by Clause mentioned below. Without prejudice to the detailed terms stated below, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Aiwo, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause of these Terms. You agree that Aiwo may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
  • Obtaining feedback in relation to Website or Aiwo’s services; and/or
  • . Obtaining feedback in relation to any Practitioners listed on the Website; and/or
  • Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by Aiwo. Aiwo’s Feedback Collection and Fraud Detection Policy, and remains subject always to these Terms

7. RECORDS

Aiwo may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Aiwo’. Information available in your Records is of two types:

• User-created: Information uploaded by you or information generated during your interaction with Aiwo ecosystem, eg: appointment, medicine order placed by you.
• Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Aiwo Ray’ or other Services of Aiwo software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

• Your Records is only created after you have signed up and explicitly accepted these Terms.
• Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Aiwo does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
• The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Aiwo is not liable for any interruption that may be caused to your access of the Services.
• The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Aiwo, you should refer to your prescription before taking any medicines. Aiwo is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Aiwo app.
• Aiwo uses industry–level security and encryption to your Health Records. However, Aiwo does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Aiwo of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@aiwo.com .
• If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Aiwo assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Aiwo and its officers against any such claim or liability arising out of unauthorized use of such information.
• In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
• You may lose your “User created” record, if the data is not synced with the server.
• If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
• Aiwo is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
• The Health Records are shared with the phone numbers that are provided by your Practitioner. Aiwo is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
• Aiwo is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
• Aiwo has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
• Aiwo will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
• You agree and acknowledge that Aiwo may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
• You acknowledge that the Practitioners you are visiting may engage Aiwo's software or third party software for the purposes of the functioning of the Practitioner’s business and Aiwo's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
• To the extent that your Records have been shared with Aiwo or stored on any of the Aiwo products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Aiwo pertaining to such previously visited clinics and hospitals who have tie ups with Aiwo for the purposes of their business and for Aiwo's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Aiwo, to the mapping of such Records as may be available in Aiwo’s database to your User account.

TERMS OF USE- PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.

i. LISTING POLICY

• Aiwo, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Aiwo reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Aiwo immediately to enable Aiwo to make the necessary amendments.
• Aiwo shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
• Aiwo shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Aiwo, where the User has expressly or implicitly consented to the making of disclosures or publications by Aiwo. If the User had revoked such consent under the terms of the Privacy Policy, then Aiwo shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Aiwo prior to its actual receipt of such revocation.
• Aiwo reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Aiwo shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
• Practitioners explicitly agree that Aiwo reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
• When you are listed on Aiwo.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Aiwo, and the records of such calls are recorded and stored in Aiwo’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Aiwo for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Aiwo should be used only for appointment and booking purposes, and not for consultation on healthrelated issues. Aiwo accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Aiwo reserves the right to not provide the Services for which such personal information is sought.
• You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Aiwo accepts no liability for the same

ii. PROFILE OWNERSHIP AND EDITING RIGHTS

Aiwo ensures easy access to the Practitioners by providing a tool to update your profile information. Aiwo reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Aiwo takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Aiwo’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Aiwo may modify or delete parts of your profile information at its sole discretion with or without notice to you.

iii. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF AIWO

• All Critical Content is content created by the Users of www.Aiwo.com (“Website”) and the clients of Aiwo customers and Practitioners, including the End-Users. As a platform, Aiwo does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Aiwo and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Aiwo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
• Aiwo reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
• Aiwo shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
• You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Aiwo shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Aiwo however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
• Aiwo will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
• If Aiwo determines that you have provided inaccurate information or enabled fraudulent feedback, Aiwo reserves the right to immediately suspend any of your accounts with Aiwo and makes such declaration on the website alongside your name/your clinics name as determined by Aiwo for the protection of its business and in the interests of Users.

iv. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Aiwo.

v. AIWO REACH RIGHTS

Aiwo reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Aiwo will not be liable for the accuracy of information or the claims made in the Sponsored ads. Aiwo does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Aiwo will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Aiwo accepts no liability for the same.

vi. BOOK APPOINTMENT AND CALL FACILITY

• As a valuable partner on our platform we want to ensure that the Practitioners experience on the Aiwo booking platform is beneficial to both, Practitioners and their Users.
• Practitioner understands that, Aiwo shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Aiwo.

vii. PRACTITIONER UNDERTAKING

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

viii. USAGE IN PROMOTIONAL & MARKETING MATERIALS

In recognition of the various offerings and services provided by Aiwo to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Aiwo to include a brief description of the services provided to Practitioner in Aiwo’s marketing, promotional and advertising materials; (b) allow Aiwo to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Aiwo’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

VII. PART B- GATEWAY FOR PRODUCTS

1. Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of all taxes. Services however are listed exclusive of taxes, which may vary according to the package. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Aiwo prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

2. General Terms of Use for products/ supplements/ drugs:

• Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
• User is hereby authorized to use the website for lawful purpose and for the purposes as mentioned under the policies of Aiwo only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
• Aiwo strives to provide best prices possible on products and services offered by the service providers to users buying or availing from the Website. However, Aiwo does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Aiwo;
• Aiwo has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
• The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
• All offers on Products shall be for limited stocks and are for limited period(s). Aiwo may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
• A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Aiwo;
• We don't run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
• All products sold on the website through our sellers are genuine. All sellers listing their products on the website are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on the website. However this guarantee is not applicable for manufacturing defects.
• In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;
• Aiwo may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Aiwo's decision of cancellation of order shall be final and Aiwo shall not be liable for such cancellation(s) whatsoever;
• Aiwo strives to deliver the products within the stipulated delivery time. However, the expected delivery time as mentioned on website may vary than the usual time of delivery in certain cases;
• Aiwo strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Aiwo may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;
• Aiwo shall have right to modify the price of a product or service any time, except third party products, without any prior information.
• Cancellation by Aiwo: There may be certain orders that Aiwo is unable to accept and must cancel. Aiwo reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Aiwo's credit and fraud avoidance department;
• Aiwo may also require additional verifications or information before accepting any order. Aiwo will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account;
• Cancellation by the User: In case of requests for order cancellations, Aiwo, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Aiwo receives a cancellation notice and the order has not been processed/ approved by Aiwo, Aiwo shall cancel the order and refund the entire amount to User within a reasonable period of time;
• Aiwo will not be able to cancel orders that have already been processed, it is pertinent to note that the Aiwo has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Aiwo is acceptable to User and User shall not create any dispute on the decision taken by Aiwo on cancellation;
• Aiwo reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Aiwo as per certain criteria. Aiwo Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
  • Products ordered are not for self-consumption but for commercial resale;
  • Multiple orders placed for same product at the same address;
  • Bulk quantity of the same product ordered;
  • Invalid address given in order details;
  • Any malpractice used to place the order.
• Aiwo Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
• Limitation of Liability: Under no circumstances Aiwo's liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
• These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.

3. Usage Restrictions:

• You shall not use the Website for any of the following purposes:
  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer / network systems.
  • Interfering with any other person's use or enjoyment of the Website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the Website.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
  • belongs to another person and to which you do not have any right to;
  • 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;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
  • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
• You are also prohibited from:
  • violating or attempting to violate the integrity or security of the Website or its content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other users of the Website;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the content on the Website or other information available from the Website;
  • framing or hotlinking or deeplinking any content on the Website.

4. Quantity Restrictions:

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

5. Pricing Information:

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

7. Eligibility to use:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

8. Refusal of service:

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

9. Promotional Communications

"We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service".

10. Financial Details:

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.