Terms of Use
These Terms of Use (“Terms”) governs your use of the Enrichme Wellness Limited(“Wellique”, “we”, “us” or “our”) mobile application, website and any other website, mobileapplication or online service that we or one of our affiliates operates and that links to theseTerms (collectively, the “Services”).
EnrichMe is a digital health and wellness platform that connects users with independent,certified professionals including Registered Medical Practitioners (RMPs), certifiednutritionists, and certified fitness experts (“Experts”) for personalized care services. Weoperate as a technology-enabled marketplace that facilitates teleconsultations andexpert-reviewed wellness plans.
We provide telemedicine services connecting patients with Registered Medical Practitioners(“RMPs”) in compliance with the Telemedicine Practice Guidelines (2020) issued by theBoard of Governors in supersession of the Medical Council of India (“MCI”) and otherapplicable laws, including the Digital Personal Data Protection Act (“DPDPA”) 2023 and theInformation Technology Act, 2000. Healthcare providers including the primary carepractitioners, specialists and/or subspecialists (“Providers”) engage us to provide the Serviceon their behalf to users.
For fitness and nutrition, users may receive personalized wellness plans based on informationthey voluntarily provide. These plans may be generated through automated systems (such asAI) and are reviewed and approved by certified experts before being shared with users. Suchplans are intended solely for general wellness and lifestyle improvement purposes and do notconstitute medical advice, diagnosis, or treatment.
EnrichMe also facilitates 1-on-1 expert consultations, which may be available to users depending on their subscription tier. The platform is intended primarily for individuals seeking support with common or non-emergency dermatological concerns (e.g., acne, pigmentation, or hair fall), general fitness guidance, or dietary/lifestyle support. EnrichMe is not designed or intended for use in medical emergencies, for serious or complex medical conditions. It should not be used as a substitute for in-person consultations where such care is required.
The Telemedicine Guidelines shall govern all the interactions between dermatologists and patients. Conversely, the general compliance framework, including the DPDPA and the Information Technology Act, 2000 shall govern all interactions between dieticians, nutritionists and fitness coaches and Users, who are not considered patients for the purposes of this Agreement.
You acknowledge that our personalized plan creation service utilizes an AI-assisted, expert-verified model. We use advanced AI technology, including from third parties like OpenAI, to generate a comprehensive initial draft of your fitness or nutrition plan. Every AI-generated draft is then subject to a mandatory review, personalization, and final approval by a qualified human expert on our team to ensure its accuracy and suitability for you before it is issued.
Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
General Terms
These General Terms apply to all Services. Terms applicable to specific services such as telehealth are addressed in their respective sections below.
1. Definitions
Registered Medical Practitioner (“RMP”) is a person enrolled in the State Medical Register or Indian Medical Register under the Indian Medical Council Act, 1956. For the purposes of this Agreement, dermatologists shall be considered RMPs and shall be subject to all applicable regulations governing RMPs.
Patient is an individual seeking or receiving telemedicine services through our platform. For the purposes of this Agreement, "patients" shall be defined as the users who interact with the dermatologists in their capacity as Registered Medical Practitioners (RMPs).
Provider shall include, but not be limited to, dermatologists, dieticians, nutritionists, and fitness coaches for the purposes of this Agreement.
Note: While the term "Provider" may refer to various professionals on our platform, only Registered Medical Practitioners (RMPs), such as dermatologists, are qualified to provide medical advice and Telehealth Services. All other experts, including dieticians and nutritionists, are non-medical professionals providing guidance for general informational and wellness purposes only. This guidance does not constitute medical advice and is not a substitute for diagnosis or treatment by a qualified RMP. Any reliance on information from any Provider is solely at your own risk.
Health worker is a nurse, allied health professional or other designated personnel facilitating telemedicine consultations.
User refers to an individual end user of the Services, who may or may not be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided.
2. Access
All RMPs on our platform are verified to be registered with the State Medical Council or MCI. Their name, qualifications, registration number and contact details are displayed on the platform.
3. Privacy
By using the Services, you acknowledge that you understand and agree with our processing of your information consistent with our Privacy Policy (Link to privacy policy).
4. Important information about your use of the Services
DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL THE APPROPRIATE NATIONAL MEDICAL EMERGENCY NUMBER, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT IMMEDIATELY.
NEITHER WE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
YOU MUST READ THE IMPORTANT INFORMATION FOR EACH SERVICE THAT YOU USE IN THE SERVICE SPECIFIC SECTIONS BELOW.
The content on the Services should not be considered medical advice, other than information received directly by you from dermatologists.
WE DO NOT REPRESENT OR WARRANT THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. We do not guarantee fitness results or dietary outcomes. Users are responsible for their health decisions and should use fitness and nutrition services responsibly. We do not recommend or endorse any specific tests, providers, medications, products or procedures.
Use of the Services requires a connection to the internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
5. Account enrolment (if applicable)
In some cases, account enrollment is necessary to access Services. To access such Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that, you will not create more than one Account, or create an Account for anyone other than yourself, with the exception of accounts established for minor children of whom you are a parent or persons of whom you are a legal guardian). You agree to provide true, accurate, current and complete information on the Account enrolment form and to keep this information current and updated as needed.
Where applicable in your jurisdiction, you represent and warrant that you possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or person of whom you are legal guardian, to agree to these Terms.
6. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that is likely to (a) cause harm, offence or nuisance to us or any third party; (b) interfere with the operation of the Services; or (c) violate any laws. For example, and without limitation, you may not:
- impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses) transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
-provide information that is untrue, inaccurate, not current, or incomplete;
- transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others; - copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item;
- use the Services to send spam, surveys, or any commercial communications that are not an authorized part of the Services;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
- engage in unauthorized spidering, scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;
- access the Services for the purpose of (1) copying its features, functions, designs, or content; or (2) creating a competing product or service; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate, take appropriate legal action, and work with law enforcement authorities to prosecute users who violate the Terms. We may also suspend or terminate your access to the Services for any or no reason at any time without notice. All payment obligations incurred by the User prior to the termination of this Agreement shall survive such termination. The User remains liable for all fees and charges due. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different Account.)
7. Intellectual Property Rights
All copyrights in the Services are owned by us or our third-party licensors to the fullest extent permitted under the applicable law. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any of our patent or trademark, its affiliates, or any third party.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected under national copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platforms, except as follows:
- Your device may temporarily store or cache such materials incidental to your accessing those materials.
- You may print or download one copy of a reasonable number of pages of the Services, including your patient record, for your own personal, non-commercial use.
- If we provide summaries, worksheets, or other documents for download, you may download a single copy for your own personal, non-commercial use.
- If we provide desktop, mobile, or other applications for download, you may download a copy to your device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any images, video or audio separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms you must, at our option, return or destroy any copies of the materials you have made.
Subject to the arrangements set out in our Privacy Policy, in respect of all content or material that you submit via the Services or otherwise, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and you confirm that you have obtained the consent of any individual identified in such material to the submission of the material via the Services or otherwise.
8. Service credential security
You are solely responsible for the security of your credentials for the Services - such as username and password, unique access token, or multi-factor authentication (“MFA”) key - and for any use of the Services using your credentials. You should not share your credentials with any third party or allow any third party to access the Services using your credentials.
You agree to notify us immediately if you have any reason to believe that your credentials have been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your credentials at any time.
9. Website and third-party content & services
The Services may provide links to third-party content or integrate with third-party providers, including but not limited to Google Fit, wearable device manufacturers, payment gateways, and AI service providers. You acknowledge and agree that:
- We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party content or services.
- We are not responsible for the availability, content, functionality, accuracy, legality, or any other aspect of such third-party services or websites.
- Your use of third-party services is subject to their respective terms of service and privacy policies.
- Use of any linked or integrated third-party service or content is at your own risk.
- We disclaim any responsibility or liability for any loss, damage, or issues arising from your use of or reliance on any third-party or service.
10. Consent to Services
We respect and uphold patient and user confidentiality and privacy. With respect to protected health information (“PHI”), express patient and user consent will be obtained prior to sharing any PHI to a third party for purposes other than treatment, payment or health care operations. With respect to personal data concerning health as defined by the General Data Protection Regulation (“GDPR”) any sharing of such data, subject to GDPR, will happen only with express patient consent or another lawful basis.
Communications: By using the Services you consent to receiving customer support, account-related, or transactional communications by telephone, text, email, or postal mail from us or the Provider with whom you are associated.
Communications via texting / SMS: By giving us or the Providers your mobile phone number, you are agreeing to receive text messages from us or our service providers including invitations and other communications. Message frequency varies; you may receive multiple messages per day. You acknowledge that message and data rates charged by your wireless carrier may apply and that you will be responsible for any associated costs. You may reply STOP at any time to stop getting future text messages. You may reply HELP for help or chat support.
We may use SMS short code for certain notifications and reminders.
Communications via email: By using the Services you are agreeing to receive email messages from us or our affiliates and business partners that include invitations and other communications. You may unsubscribe from such future emails at any time by selecting the “unsubscribe” link in the email. You may also contact our Customer Support team at support@wellique.co.in.
By agreeing to use the Services, which involve sending you invitations and other communications by ordinary email or text messages, as applicable, you are indicating that you understand that ordinary email or text may not be secure, and you nonetheless want to receive your invitations and other communications via ordinary email or text messages. We do not include any sensitive details about your health in the invitations that we send by email or text. Instead, your email or text invitation will take you to a dedicated website or app to access the Services.
11. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (“WELLIQUE PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM, OR TROJAN HORSE, LOSS OF DATA, OR USE, MISUSE, RELIANCE, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE WELLIQUE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WELLIQUE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER AND YOU AND BETWEEN WELLIQUE AND YOU, AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
YOU ACKNOWLEDGE AND AGREE THAT WELLIQUE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT WELLIQUE IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. WELLIQUE, ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
Whilst we endeavour to ensure that most of our Services are normally available twenty four (24) hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media players due to technical problems or traffic congestion on the internet or on the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation in connection with the Services. You acknowledge that access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will use reasonable endeavours to correct any errors or omissions as soon as practicable according to severity.
12. Billing and payment
Certain aspects of the Services may be available for a fee or other charge. By choosing to access or purchase any paid Services, you agree to the applicable pricing, payment, and billing terms presented at the time of purchase.
We reserve the right to add new paid services, modify pricing, or amend existing charges at our sole discretion and at any time. Such changes will be communicated through the Services or by other reasonable means. Continued use of the paid Services following the price change constitutes your acceptance of the updated pricing.
Payments for in-app purchases or subscriptions may be processed through third-party app stores (such as Google Play or Apple App Store) or payment gateways integrated within the platform. You may be required to provide current, complete, and accurate billing and contact information. It is your responsibility to promptly update any billing details to avoid service interruptions.
Subscriptions may renew automatically at the end of the applicable subscription period unless cancelled at least twenty-four (24) hours prior to the renewal. Your account will be charged for the renewal within 24 hours prior to the end of the current period, and the renewal will be for the same duration and at the same price, unless otherwise stated.
All purchases made through the Services, including those made via the Marketplace, are final. We do not entertain any requests for refunds, including in cases of unused Services, missed consultations, or partial use of subscription benefits.
You agree to notify us of any billing discrepancies within thirty (30) days of the date they appear on your account statement. If not reported within this period, you agree to waive any right to dispute such discrepancies.
13. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, CUSTOMERS, AND ASSIGN HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST, AND YOU MAY NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
14. Choice of Law and Forum
You agree that your access to and use of our Services will be governed by and will be construed in accordance with the laws of the India without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to our Services must be resolved by a court located in Chandigarh, Punjab, unless agreed upon by all parties.
15. Miscellaneous
15.1. These Terms, including our Privacy Policy incorporated herein, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
15.2. You may not assign or transfer these Terms, by operation of law or otherwise, without Wellique’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Wellique may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
15.3. Headings in these Terms are solely for convenience.
15.4. Any notices or other communications provided by Wellique under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by email or text, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
15.5. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wellique. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
15.6. Wellique shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
15.7. Nothing in these Terms or the Privacy Policy shall be deemed to confer any third-party rights or benefits.
16. Termination
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the Customer or upon the request of the Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “Important Information About Your Use of the Services,” “Intellectual Property Rights,” “Termination,” “Disclaimer Of Warranties; Limitation Of Liability,” “Miscellaneous,” and any provisions that, by their nature, should survive termination.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem to be appropriate, including suspending or terminating your use of the Services.
Telehealth Services Terms
(Note: This section is applicable to RMPs only)
Wellique may provide access to telemedicine or other telehealth services (“Telehealth Services”). Telehealth Services under this Agreement shall be provided exclusively by dermatologists and not by dieticians or nutritionists.
The Telehealth Services are intended for use by residents of India. We do not intentionally provide access to the Telehealth Services to individuals located outside India.
1. Important information about your use of the Telehealth Services
Wellique does not provide any physicians’ or other healthcare providers’ services itself. All of the RMPs are independent of Wellique and using the Services solely to communicate with you. Any information or advice received from a RMP comes from RMP, and not from Wellique. Your interactions with RMP via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).
Wellique does not make any representations or warranties about the training or skill of any RMP providing the Services. RMPs may be assigned to you by Wellique or selected by you, as applicable. In either case, the RMP is solely responsible for the medical advice and care they provide.
You hereby certify that you are physically located in the State or other jurisdiction you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the RMP you access through the Services are relying upon this certification in order to interact with you. IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY WELLIQUE AND THE RMPs YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.
RMPs will select the appropriate mode based on patient’s condition, ensuring adequacy for diagnosis and treatment. Video consultations are mandatory for prescribing List A medications during first consultations. Consultations may occur via video, audio or text-based platforms such as specialised apps, whatsapp or email.
2. Types of consultations
- First consultation is for patients consulting an RMP for the first time, after a lapse of six (6) months since the last consultation, or for a new health condition;
- Follow up consultation is for patients consulting the same RMP within six (6) months for the same conditions
- Emergency situations wherein RMPs will provide first aid advice and facilitate referrals for in-person care at the earliest, avoiding telemedicine where alternative in-person care is available.
3. Patient consent
Consent is implied during initiation of a consultation. Explicit consent is required when a health worker, caregiver or another RMP initiates the consultation on behalf of the patient. Consent may be recorded via email, text, audio or video.
4. Patient Identification
RMPs will verify patient identity using name, age, address, phone number or other reasonable identifiers. For minors, the accompanying adult’s identity will also be verified. Patients can verify RMP credentials via the platform, which displays the RMP’s registration number, qualifications and contact details.
5. Prescribing medications
The permissible medications comprise of the following:
a. List O : Over the counter medications can be prescribed via any mode for any consultation
b. List A : Safe medications can be prescribed during video based first consultations or follow up refills
c. List B : Add on medications for chronic conditions can be prescribed during follow up consultations
d. Prohibited List: Schedule X drugs and narcotics cannot be prescribed via telemedicine.
The prescriptions will include the RMP’s name, qualifications, registration number and patient details, issued as a signed photo, scan, or e-prescription via email or messaging platforms.
6. Health Education and Counselling
RMPs may provide health education and counselling as appropriate.
7. Data Privacy and Confidentiality
We adhere to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, DPDP Act, 2023 and Information Technology Act, 2000 for protecting patient privacy and confidentiality. Patient records, including consultation logs, prescriptions and diagnostic reports, are securely stored and encrypted. Access is limited to authorised personnel. RMPs are not liable for breaches caused by technology failures or third parties, provided reasonable care was taken in selecting secure platforms. Patients will not be added to virtual support groups or have their data shared without explicit consent.
8. Documentation and Record keeping
RMPs will maintain digital records of consultations, including logs of video / audio / text interactions, patient records and prescriptions for the period prescribed by law. Patients may request access to their consultation records, subject to verification.
9. Fees
Certain aspects of the Services not limited to telemedicine consultation may be provided for a fee and are subject to fees comparable to in-person consultations. Invoices/ receipts will be provided for all charges.
10. Responsibilities of our platform
We conduct due diligence to ensure all listed RMPs are registered with the State Medical Council or MCI. AI or machine learning tools will not counsel or prescribe medications. Only RMPs may provide prescriptions or counselling. A grievance mechanism is available via support@wellique.co.in to address patient queries or complaints. Non compliance by RMPs or the platform will be reported to the Board of Governors (“BOG”) and MCI for appropriate action.
11. Prohibited Actions
RMPs may not insist on telemedicine when patients request in-person consultations. Misuse of patient data or prescribing prohibited medications is strictly forbidden and constitutes misconduct. Soliciting patients through advertisements or inducements is prohibited.
12. User Responsibilities
Patients must provide accurate health information and disclose prior consultations or treatments. Patients may discontinue consultations at any time. Patients must seek in-person care for emergencies, as advised by RMP.
13. Limitation of Liability
We are not liable for misdiagnosis or errors arising from inaccurate patient or users information or limitations of telemedicine. RMPs and other experts like nutritionists or exercise professionals, exercise their independent professional judgment to determine the suitability of telemedicine for each case.
14. Account Enrolment
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or person of whom you are a legal guardian, to agree to these Terms.
Where you establish a subaccount on behalf of a minor child of whom you are a parent or persons of whom you are a legal guardian, you acknowledge and agree that your child’s or ward’s healthcare information including communications with Providers may be made available to your child’s or ward’s other parent(s) or legal guardian(s).
To the extent that you are the proxy to a dependent minor and they have or will transition from a dependent minor to an adult or you live in a state where a dependent minor’s consent is required, you hereby agree to provide them with notice that their continued use of the Services under your account constitutes their consent to grant you with access to their medical records via the Services. In accordance with applicable law, we reserve the right to honor any such request we receive from a dependent minor should they choose to discontinue sharing their records. Dependent minors may terminate their proxy’s access to medical records by reaching out to our Customer Support team.
15. Payment Authorisation
If you are required to pay for your use of the Services, then these payment authorization terms apply. By providing a credit card or other payment method accepted by Wellique (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.
You agree that authorization to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Wellique of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees.
You acknowledge and agree that fees for consultations may increase at any time.
In the case of a transaction rejected for insufficient funds, Wellique may at its discretion attempt to process the charge again at any time within 30 days.
16. Consent to Services
In addition to the consent given in Section 10 “Consent to services” above, by clicking the “AGREE” button you are authorizing the RMPs to release your contact information to Wellique solely in order for Wellique to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at support@wellique.co.in.
You may download a copy of your medical records directly from the platform or by contacting our Customer Support team at support@wellique.co.in.
17. Consent for treatment performed
We are providing this information on behalf of RMPs:
Telemedicine involves the delivery of healthcare services using information and communication technologies for diagnosis, treatment and prevention of disease. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).
The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient's records and may be shared with the patient's local primary care or other provider, as appropriate.
Anticipated benefits of telemedicine
- Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a RMP.
- More efficient medical evaluation and management.
Possible risks of telemedicine
As with any medical procedure, there are potential risks associated with the use of telemedicine. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
- Security protocols could fail, causing a breach of privacy of personal medical information.
- Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
By accepting these Terms, you acknowledge that you understand and agree with the following:
- I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the Privacy Policy which explains these issues in greater detail.
- I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other jurisdictions, including out of India.
- I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
- I understand that my healthcare information may be shared with others (including health care providers) for treatment, payment, and healthcare operations purposes. Billing codes and encounter summaries are shared with others and with me.
- Where I use telemedicine on behalf of a minor child of whom I am a parent or legal guardian, I understand that my child’s healthcare information including communications with providers may be made available to my child’s other parent(s) or legal guardian(s).
- I further understand that my healthcare information may be shared in the following circumstances:
● When a valid court order is issued for medical records.
● Reporting suspected abuse, neglect, or domestic violence.
● Preventing or reducing a serious threat to anyone's health or safety.
Patient Consent to the Use of Telemedicine
I have read and understood the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
18. Use of automated care services
You may use the Automated Care Services only if you are authorized to use the Automated Care Services by the Customer, you are legally competent, and you are legally authorized to enter into these Terms. You must also be 18 years of age or older to enter into these Terms. If you are younger than 18 years old, your Personal Representative (usually your parent or guardian) must enter into these Terms on your behalf.
The Services are intended for residents of India. If you are not an Indian resident and you register or submit personal information through the Services, you agree that we may collect, use, store, and disclose that information in India or any other country outside your country of residence. You understand that data protection laws outside of your jurisdiction may not be as protective as those in your jurisdiction. By providing your information to Wellique, you are consenting to the international transfer and processing of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere in the Services.
The above paragraph does not apply where the Services are explicitly provided to residents of a country other than India.