Terms and Conditions

This document ("Terms") is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder, as well as the amended provisions relating to electronic records in various Acts amended by Information Technology from time to time. Act, 2000. This electronic record is generated by computer system and does not require any physical or digital signature.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Mediator Guidelines and Digital Media Code of Conduct) Rules, 2021, as amended from time to time, for which rules and regulations, privacy policy and website www.welldonehealth.in and TERMS OF ACCESS OR USE OF THE MOBILE APPLICATION.

1. General

We, at Welldone Healthcare Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having our registered office at G.NO.91/1, PRASAD NAGAR, BHADANE TAL.SAKRI, Dhule, Dhule, Maharashtra, India, 424304 (“welldone”, “we”, “us”, “our” “Company”) (collectively the “Platform”). ) for any reason (“You”, “Your”, “User”) subject to the notices, terms and conditions set forth in these Terms and Conditions (“Terms and Conditions”, “Agreement”, “Terms”), read together with the Privacy Policy available here https://www.welldonehealth.in/privacy. The domain name www.welldonehealth.in, an internet-based portal are owned, operated and maintained by Welldone. Welldone may assign, transfer and subcontract its rights and/or obligations under these Terms and Conditions to any third party it deems appropriate and you shall be bound by these Terms and Conditions in the event of such assignment, transfer. , or subcontract. Our Platform is operated, and the Services are provided in compliance with the laws of India and Welldone shall not be liable for the provision of any Services by you in locations outside India. If you access our Services from locations outside India, you do so at your own risk and are solely responsible for compliance with applicable local laws. The User agrees to use the Service to authorize an individual and obtain Services from a third party on his/her behalf. Where you use any third party website or any third party services, you will be subject to the applicable third party's alternative or additional terms and conditions and privacy policies. aCCESSING OR BROWSING THE PLATFORM AND USING THE SERVICES (AS DEFINED IN THESE TERMS AND CONDITIONS) INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any part of the Terms and Conditions, you may discontinue accessing or using the Platform.

ELIGIBILITY

When you use the Platform, you represent that you meet the following primary eligibility criteria:

a. You are at least 18 years of age or are accessing the Platform under the supervision of a parent or guardian, who in such circumstances shall be deemed to be the recipient/end user of the Services (as defined in these Terms and Conditions) and these Terms and Conditions.

b. If you are under 18 years of age, your parent or legal guardian may transact on your behalf if they are registered users. You are prohibited from purchasing any content that is prohibited for sale or purchase by minors and is intended for use by adults only.

c. You are legally able to contract and otherwise receive the Services (as defined in these Terms and Conditions). Persons who are "incapable of contracting" within the meaning of the Indian Contract Act, 1872, including undischarged insolvents, etc. are not eligible to use the Platform.

d. You have not been previously suspended or fired by Welldone or any other Welldone Group entity or disqualified from availing the Services for any other reason.

e. Welldone reserves the right to terminate your membership and/or deny you access to the Platform if Welldone learns that you are under 18 years of age.

f. Your Registered ID can only be used by you in which your details have been provided and we do not allow more than one person to share a single login/registration ID.

g.We reserve our right to deny access to new users to use the services offered on the Platform or to terminate the access granted to existing users at any time without assigning any reason and you have no right to object thereto.

h. Organizations, companies and businesses cannot become registered users on the Platform or use the Platform by individual users.

i. You agree and acknowledge that you will (i) create only 1 (one) Account; (ii) provide accurate, true, current and complete information when creating your account and in all of your transactions through the Platform; (iii) maintain and promptly update your account information; (iv) maintain the security of your account by not sharing your password with others and by restricting access to your account and your computer; (v) promptly notify Welldone if you discover or otherwise suspect any security breach related to the Platform; and (vi) take responsibility for all activities that occur under your account and accept the risk of unauthorized access.

j. We reserve the right, in our sole discretion, to permanently or temporarily suspend users, restrict use and access to the Platform, when we investigate complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

3. Our Services

Through the Platform, we provide you with the following services ("Services"):

a. Creating and maintaining user accounts:

Users must register with the Platform in order to use the Platform or services provided by the Platform. To register, you need to provide some personal details including your name, phone number, email address, date of birth, gender, etc.

b. Scheduling an appointment for medical consultation:

1. You may book an appointment for a medical consultation with a healthcare provider/doctor/physician (“HSP”) listed on the Platform. Medical consultation will be available on the platform for various specialties.

2. You will receive appointment confirmation for medical consultation with HSP on the Platform and/or through SMS and/or email/online communication messaging services. We reserve the right to reschedule or cancel appointments without prior notice. The time allotted to you for consultation is indicative and the actual consultation time may vary at the discretion of Consultant HSP or other circumstances, for which you will be communicated accordingly. You agree that there may be technical/logistical/unforeseen circumstances which may lead to delay or cancellation of the consultation for which appropriate resolution shall be provided as either rescheduling/refund. For any support related to issues you face before/during/after the consultation, you can reach us through various channels as mentioned on the Platform or as mentioned in Clause 11.8 of these Terms and our team will assist you. for the same. A consultation can be booked, rescheduled or canceled up to 15 (fifteen) minutes prior to the scheduled/booked appointment time and up to 30 (thirty) minutes for audio/video/chat-based consultation (“online medical consultation”). ) a few minutes before the scheduled/booked appointment time for face-to-face consultation. You are allowed to reschedule a free online medical consultation a maximum of 3 (three) times and a free physical consultation once.

3. Your consultant HSP reserves the right to provide free review, post-medical advice.

c. Seeking medical advice:

You can seek medical advice online through audio call or video call or chat with the HSP you have selected/allocated on the platform:

Please ensure that you are equipped with appropriate video conferencing equipment and internet connectivity for the service you wish to avail. In case of inadequate video conference equipment, technical glitches or faulty internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.

You understand and acknowledge that there will be no physical examination and online medical consultation services will be provided remotely in accordance with these terms and conditions. The opinion delivered by the HSP will be based solely on the verbal communication between the concerned HSP and the patient and any test reports and other information provided/uploaded by you on the platform.

Your medical records may be viewed by HSP on the chat facility provided on the Platform during a medical consultation and will remain accessible to you for a certain number of days after the end of a particular consultation, as determined by HSP.

1. The Service is by no means intended for emergency and life-threatening situations. In such cases it is advised to take the patient to the nearest hospital or as per the advice of HSP.

2. If HSP does not respond then you are advised to contact our customer care.

3. Obtaining e-prescription from HSP based on medical advice:

You will get an e-prescription on the platform after consultation with the concerned HSP

e. Accessing your medical records on the Platform:

You can access your medical records on the platform.

f. To book diagnostic tests:

You can book an appointment to find diagnostic tests and packages offered by HSP on the platform. You can book diagnostic tests and packages on the platform and visit HSP's respective diagnostic center/lab or schedule sample pickup from home through HSP. g Any other services

It is made available on the Platform from time to time subject to the scope of services specified under Section 4 below.

4. YOUR USE OF THE PLATFORM

As an end user and recipient of the Services, when you use the Platform, you agree to the following Terms of Use:

A. Due Diligence Conditions:

a. You are solely responsible for the medical, health and personal information you provide on the Platform and you are requested to use your discretion in providing such information.

b. Any advice or service provided by HSP will depend on the information you provide on the Platform. You will provide accurate and complete information throughout the Platform, based on which you will receive the Services.

c. You are solely responsible for all access to and use of this Site whether or not access and use of this Site is authorized by you using the password and identification originally assigned to you, including, without limitation, all communications and transmissions. AND ALL LIABILITIES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LIABILITIES) INCURRED BY SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of passwords and identities assigned to you.

d. The information provided by you may be used by us for the purpose of services including analysis, research, training and disclosure (where necessary) to our affiliates, group companies, agents and government authorities etc. as stated in our Privacy Policy (our Privacy Policy). Available at https://www.welldonehealth.in/privacy). Please review separately and consent to our Privacy Policy accordingly.

e. In accordance with our Privacy Policy available at https://www.welldonehealth.in/privacy, the information you provide may be retained by us and used without disclosing your identity.

f. We reserve our right to refuse service or terminate accounts in our sole discretion if we believe so

You have violated or are likely to violate any applicable law or these Terms and Conditions.

B. Scope of Services:

a. The services you receive from HSP through the Platform are an arrangement between you and the HSP you select. The Platform only facilitates the connection between you and HSP and assumes no responsibility for the results of any such medical consultation or other services obtained by you.

b. We shall not be responsible for service/misdiagnosis/misdiagnosis/error in interpretation/perception error/adverse event/prescribed treatment or advice or examination report/validity of advice or ineffectiveness of prescription or examination reports provided by HSP. Non-availability of recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion to follow the advice received through the Platform or post medical consultation with HSP.

c. We only establish the connection between you and HSP through the Platform and in no way facilitate, encourage, permit or require you to contact HSP outside of the Platform. Any contact between you and HSP through the Platform shall be subject to these Terms and Conditions.

d. If you are redirected from the Platform to any other website or app for the purpose of browsing or placing and/or completing an order (or any matter related thereto) to a different website/platform, we may receive or receive information from you on the other website or platform. We shall not be responsible for the products or services purchased or any aspect of your experience on such websites or any representations and particulars provided on such websites/platforms. Products/services being displayed or sold through such websites/platforms. In particular, you may visit or be redirected to the Welldone Pharmacy website Pharmacy interface(collectively the “Welldone Platform”) at https://www.welldonehealth.in/pharmacy for browsing and purchasing. . Medicines, approved medical devices and other products (including all aspects relating to the placement of orders and payments in respect thereof), which is exclusively supported, owned, controlled and operated by a separate and independent entity. Welldone has no control over the Welldone Platform (including the information and content displayed therein, the list of products sold and its pricing and its presentation/display) and shall have no responsibility or liability for your experience. The Welldone Platform, including products sold to you and delivered to you through the Welldone Platform, and any customer service support you may receive in connection with such products. The entire user experience and data related to your use of the Welldone Platform will be stored exclusively by Welldone on its own servers. By visiting the Welldone Platform, you agree to and accept the Welldone Platform Terms of Use. Welldone will not be involved in any interaction between you and Welldone with respect to products purchased on the Welldone Platform, including any payment made by you on the Welldone Platform, and all products purchased by you on the Welldone Platform will be sold, packaged, delivered. , delivered and completed. . Only through Welldone. For avoidance of doubt, it is expressly clarified that – (i) neither Welldone nor we act as a 'marketplace' in relation to the display, display, distribution, fulfillment, purchase or sale of any products on the Welldone Platform; (ii) Welldone is not a seller on the Platform and by merely providing a redirect link, Welldone does not authorize or permit Welldone to become a seller on the Platform. You also acknowledge and agree that through the Platform Welldone: (i) provides a link to the Welldone Platform for redirection only; (ii) only provides Welldone with relevant technical connectors to help seamlessly integrate the Welldone Platforms with the Application with minimal disruption to your experience; and (iii) act solely as a communication link with respect to any complaints relating to products listed on the Welldone Platform (at the behest of Welldone), the actual resolution of complaints made by you on the Platform being handled solely by Welldone. You also agree and acknowledge that Welldone is in no way, in any way involved and (i) does not facilitate the sale of products on the Welldone platform, Welldone is not privy to the contractual relationship/arrangement between Welldone and your purchase/sale. Products on the Welldone Platform (ii) Payments for Products sold on the Welldone Platform are solely facilitated by Welldone and/or any third party entities (including payment aggregators) involved. Welldone for such purposes; (iii) currency for products sold on the Welldone Platform;

e. You may view and access the Content available on the Platform solely to avail the Services and only in accordance with these Terms and Conditions. You may not modify any Content on the Platform or reproduce, display, publicly display, distribute or otherwise use such Content for any public or commercial purpose or for personal gain.

C. Restrictions:

a. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works, translate, modify, reverse-engineer, disassemble, decompile the Platform or any part thereof except as expressly permitted in writing by Welldone. cannot or otherwise exploit.

b. You may not make commercial use of any information you provide on the Platform.

c. You may not impersonate any person or entity or make false statements or otherwise misrepresent your identity, age or affiliation with any person or entity.

d. You may not upload any content prohibited by applicable law and/or designated as "Prohibited Content" under Section 5.

e. You may not contact or make any attempt to contact the respective HSP through email, SMS, messaging service or any other authorized channel for consultation, pre-medical consultation or any other purpose of communication outside the Platform.

f. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms or related orders for Products to any third party, except as agreed in writing by Welldone.

5. Prohibited Content

You must not upload, distribute or otherwise publish through the Platform the following prohibited content, including any content, information or other content:

a. belongs to another person and for which you do not have rights;

b. Harmful, harassing, defamatory, libelous, obscene, obscene, pedophilic, invasive of another's privacy, sexually offensive or harassing, abusive, racially or ethnically offensive, or otherwise objectionable or unlawful, including physical privacy. strength

c. hateful, racially or ethnically offensive, offensive to any person;

d. relates to or appears to promote money laundering or gambling,

e. Harm minors in any way;

f. infringes any patent, trademark, copyright or other proprietary right;

g. Violates any law in India for the time being;

h. deceives or misleads the addressee as to the origin of your message and knowingly communicates any information that is patently false or misleading but may be construed as fact;

i. communicates any information of a highly offensive or harmful nature;

j. impersonates another person;

k. contains software viruses or any other computer code and malicious programs;

l. file or program designed to interfere with, destroy or limit the functionality of any computer resource;

m.endangering the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order, creating enmity between different groups on the basis of religion or caste with the intention of inciting violence;

n.is patently false and untrue and is written or published for the financial benefit of any person, organization or agency or with intent to injure, mislead or harass any person;

o.Incites any crime or obstructs the investigation of any crime or insults any other nation;

p. is insulting or inappropriate to any employee, consultant or technician of Welldone or any other Welldone Group company or related person with whom you may interact to obtain the Services; And

q. Not related to medical consultation or any services you availed from us.

You also understand and acknowledge that if you fail to comply with the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or the Platform.

6. Indemnification

You agree and undertake to indemnify and hold harmless Welldone, its affiliates and any Welldone Group companies, relevant HSPs, representatives and each of their respective directors, officers or employees (“Indemnified Persons”) and us for any damages, costs and expenses. Fees, including reasonable attorneys' fees, and expenses which the indemnified persons concerned may suffer:

Deficiencies or deficiencies in services/misdiagnosis/faulty judgments/errors in interpretation/misunderstandings arise from:

a. Your failure to provide correct and/or complete patient medical information/history in a timely and medically appropriate manner; Or

b. suppression of material facts; or your failure to provide relevant clinical information about the patient; Or

c. Misinterpretation of advice/prescription/diagnosis/examination report by you; Or

d. failure to follow doctor's advice/prescription by you; Or

e. Failure by you to comply with HSP's instructions regarding services or medical procedures prescribed by HSP;

Incorrect or inaccurate credit/debit card details provided by you; Or

Using a credit/debit card that does not legitimately belong to you; Or

You are allowing a third party to use your password or other means to access your account.

7. Limitation of Liability

By using our Services, you confirm that you understand and agree to the following:

A. The services you receive from HSP through the Platform are provided to you by the HSP you choose, not by Welldone. THE LIMITATION OF LIABILITY SPECIFIED IN THIS SECTION ALSO APPLIES TO ANY SERVICES YOU OBTAIN FROM ANY THIRD-PARTY SELLER OF SERVICES LISTED ON THE PLATFORM.

B. The Platform only facilitates communication between you and the HSP, and Welldone assumes no responsibility for the quality and results of any such services obtained by you from the relevant HSP, to the extent permitted by applicable law.

C. Welldone itself does not provide any medical advice or diagnostic services. If you receive any medical advice/investigation report from an HSP contacted by you through the Platform, you are responsible for evaluating such advice, and reporting the consequences of acting on such advice or reports and all follow-up actions taken after the consultation. Following HSP's instructions.

D. If Welldone markets or promotes any services to you, please note that such services will be provided by the relevant HSP and you are responsible for the relevant assessment.

SUITABILITY OF SUCH SERVICES AND SUCH HSP FOR YOUR PURPOSES. Marketing or promotion of the Services should be considered for informational purposes only and does not constitute expert advice regarding the suitability of such Services for your particular healthcare needs.

E. The services provided through the Platform are in no way a substitute for a face-to-face consultation with a physician. Welldone advises users to make independent evaluations regarding its accuracy or usefulness and usefulness before making any decisions in reliance thereon.

F. To the extent permitted by applicable law, neither Welldone nor its affiliates or any Welldone group companies shall be liable for any special, indirect, incidental, consequential, punitive, consequential or exemplary damages for: (i) these Terms and Conditions and the Privacy Policy; (ii) your use of or inability to use the Platform; (iii) your use or inability to use AI Assistant (iv) your use of any third party services, including services provided by any HSP you contact through the Platform.

This Section shall survive termination of this Agreement and termination of your use of our Services or Platform.

8. Data and Information Policy

We respect your right to privacy with respect to any personal information you provide to us for the purpose of availing our services. To see how we collect and use your personal information, please see our Privacy Policy available at https://www.welldonehealth.in/privacy.

9. Intellectual Property and Ownership

A. All Confidential Information, including underlying intellectual property (“IP”) developed by Welldone or its affiliates or developed by third parties under contract by Welldone or purchased or licensed by Welldone; , remains the sole and exclusive property of Welldone.

B. You shall be bound by the following obligations in relation to ownership of Intellectual Property:

All works created, developed, conceived or distributed as part of or in connection with materials, software, documentation, methods, equipment, systems and services, and all embodiments thereof, shall be deemed IP for any use of our Platform. This agreement.

Welldone shall have exclusive title and ownership rights, including all worldwide intellectual property rights, in all Services. To the extent that exclusive title and/or ownership rights as contemplated herein are not originally vested in Welldone, you hereby irrevocably assign all right, title and interest in and to the Services, Medical Records and Information, including intellectual property and proprietary rights. Welldone, and your representatives shall irrevocably assign to Welldone all such rights in the IP.

All use of, and goodwill associated with, any trademarks, service marks and trade names in the Services or in the performance of the Services, by you or third parties, is and will be for the benefit of Welldone.

You agree not to circumvent, disable or otherwise interfere with the security-related features of the Platform or features that prevent or restrict the use or copying of any Content or otherwise limit the use of the Platform or its Content. Content on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying. , recording or other media.

It may not be used without the prior written permission of Welldone.

10. Other Terms

A. Payment and Refunds:

Please note that your payments are processed in accordance with applicable laws and for details you may refer to our Payment and Refund Policy and such policies are available at https://www.welldonehealth.in/refund-policy.

B. AI Assistant

We use AI assistants to guide patients seeking medical help or treatment from the platform. The primary purpose of this AI assistant is to allow users to book appointments by entering their symptoms, medical condition or treatment for which they wish to consult an HSP.

You understand that:

i. You should never use an AI assistant in a medical or psychiatric emergency;

ii. In case of emergency, you dial 112;

iii You may use this Platform on behalf of other users (third parties) only if you are the legal guardian of such persons, i.e. you have the legal right to look after the personal and property interests of such persons; And

iv None of the Content on the Platform is intended or intended as a substitute for medical advice, care, diagnosis or treatment.

The user may be directed to chat or call our patient support team, in certain cases including but not limited to:

i. Uncertain results from an AI assistant;

ii. changes in visitation schedule;

iii. Appointment booking incomplete; iv Any other matter deemed appropriate by Welldone.

C. Accuracy of information displayed

We have made every effort to display information provided by third parties associated with HSPs as accurately as possible. However, we do not accept any liability in respect of such information or any other information in respect of which you are able to exercise your own due diligence to verify its accuracy.

11. Miscellaneous:

A. Third-party links and resources

Where the Platform contains links to other sites and resources provided by third parties (including our social media sharing plug-in that includes links to third-party sites), these links are provided for your information only. We have no control over the content (including the Weldon Platform) or resources on those websites/platforms and accept no responsibility for them or for any harm or damage that may arise from their use.

Welldone does not make any warranties or representations about the goods or services available or sold by such third parties. Welldone does not make any guarantees or recommendations about the products and/or services made available to you by such third parties as to the term, service, usefulness, business dealings. RELIABILITY, AVAILABILITY OR QUALITY OF PRODUCTS AND/OR SERVICES.

YOU WILL INDEMNIFY WELDONe, ITS GROUP SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND/OR VENDORS FROM ANY ACTIONS, CLAIMS, DEMANDS, INDEMNITIES, FROM THE ES AND OR ACCESS TO THIRD PARTY WEBSITES/PLATFORMS. Expenses incurred, sustained or claimed by you or claimed to have been incurred, sustained or incurred directly or indirectly.

Welldone is not a party to any contractual arrangement entered into between you and any third party website/platform. We are not agents of third parties and such third-party websites/platforms are governed solely by their respective policies over which Weldon has no control.

Use of such links to visit third-party websites/platforms implies full acceptance of these terms and conditions. WELDONe SHALL NOT BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USE OF ANY CONTENT ON OR AVAILABLE THROUGH ANY THIRD-PARTY LINKED WEBSITE, INCLUDING TRANSMISSIONS RECEIVED FROM ANY THIRD PARTY. A PARTY'S WEBSITE (INCLUDING WITHOUT LIMITATION WELDONE) OR ITS SERVERS.

B. improvement

We may update or modify these Terms and Conditions from time to time. Each time you plan to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms applicable at that time.

C. Forced affairs

We shall not be liable for any failure or delay in the performance of any obligation assumed by us under any contract arising from events beyond our reasonable control (“Force Majeure”). Force majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including:

a. Strikes, lockouts or other forms of protest

b. Civil unrest, insurrection, invasion, terrorist attack or threat of terrorism, war (whether or not declared) or threat or preparation for war.

c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

d. Inability to use public or private transportation and telecommunication systems.

e. Any laws, orders, statutes, regulations or restrictions of any governmental or public authority, including any judicial determination.

Our obligations under any contract will be deemed to be suspended during the period during which the force majeure is in effect and we will be granted an extension of time to fulfill these obligations during the period during which we communicate with you. The force majeure situation persists.

D. termination

We may terminate this arrangement without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access to or use of the Platform.

We reserve the right to immediately refuse your use of the Services if your conduct is deemed by us to be in violation of applicable laws, statutes, rules and regulations or these terms and conditions or to be unethical/unethical; And

In particular for a change in law, we reserve our right to indefinitely suspend our obligations under any contract and/or to provide services under revised terms and conditions.

E. Applicable Laws, Jurisdiction and Dispute Resolution

Use of our Platform shall be governed by the laws applicable in India, without reference to conflict of law principles;

Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts located in Pune, India; And

If any dispute, disagreement or claim arises between us and you with respect to this Agreement or the validity, interpretation, enforcement or alleged breach of this Agreement or anything excluded pursuant to these Terms and Conditions, you shall first attempt to resolve it amicably. NEGOTIATION However, if the dispute is not resolved through amicable and negotiated settlement within 30 days from the commencement of such conciliation or such period as may be mutually agreed in writing, we may refer the dispute to arbitration under the Indian Arbitration and Conciliation Act, 1996. by a sole arbitrator mutually appointed by us from time to time (the "Law"). If the parties do not agree on a sole arbitrator, the sole arbitrator shall be appointed in accordance with law. The seat and venue of the arbitration shall be at pune. The arbitration shall be conducted in the English language.

F. variation

If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or any part thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties. That provision and the remainder of the Terms shall continue in full and in full force and effect.

G. apology

No provision of these Terms of Use shall be waived, and no breach waived, unless such waiver or consent is in writing and signed by Welldone. No consent by Welldone, or waiver by Welldone of any breach by other parties, whether express or implied, shall constitute a consent, waiver or waiver of any other different or subsequent breach.