myWanderLoop Purchase and Subscription

Terms and Conditions

The myWanderLoop services provided by Sare Jahan Se Acha Socio-Eco-Pol Foundation Private Limited, Section 8 Not For Profit Company, located at S. No. 208, Fl-E-102, Kalpataru Regency, Phase – II, Lane 10, Kalyani Nagar, Pune – 411006, India (“we” or “us” or “myWanderLoop”). myWanderLoop is aimed at assisting certain at-risk senior citizens, medical patients and their guardians or caretakers. You can find more information about our services at mywanderloop.com. 

The following terms and conditions (“Terms”) govern the use of myWanderLoop products, website, online and mobile software applications and portal, and other related services. The Services are made available to you by us. By purchasing, accessing or using any part of the Services, you acknowledge that you have read and understand these Terms, and agree to be bound by these Terms. “You” in these Terms refers to any User of the Services, including but not limited to those users who are registered for the Services by another person. 

If you disagree with these Terms, you are not authorized to access or use the Services, either wholly or partly. We may revise, amend or change these Terms, and you shall be responsible to check and review these Terms periodically. 

Definitions 

The following definitions will apply to each of our products and services: 

  • “Account” shall mean the registered account created by the User on Portal. 
  • “Code” shall mean the unique QR code containing the Patient’s Personal Information, pre-affixed on the Device. 
  • “Device” shall mean any hardware or other physical apparatus that is ordered as part of the Services and pre-affixed with the Code. 
  • “Emergency Contact” means any third party that is identified as the emergency contact person of the Patient, which may mean any of the Registrant, any identified third party, or any medical professional or healthcare service provider’s personal contact details. More than one Emergency Contact may be assigned.
  • “Fees” shall mean fees payable for the use of the Services, including Device fees and Portal subscription fees, as provided on the Website. 
  • “Patient” shall mean any person(s) for whom or on whose behalf the Services are purchased or subscribed, including senior citizens and medical patients. 
  • “Personal Information” shall mean any personal or personally identifiable information, including but not limited to the Patient or Registrant’s, and further detailed in our [Privacy Policy]: 
    • Full name and contact information such as phone number, email address and physical address, including such details of the Emergency Contact; 
    • Photographs; 
    • Medical information; 
    • Payment information and history;  
    • Location information, including the GPS location of any person scanning the Code. 
  • “Portal” shall mean the online Patient information management software, made available through the Website. This Portal can be accessed and used to add your or the Patient’s Personal Information, including any Personal Information to be added to the Code. 
  • “Registrant” shall mean a person(s) that have registered and created an account on the Portal and using the Services. A Registrant may be either of (i) a Patient, or (ii) not a Patient and is applying for an account on behalf of the Patient. This definition shall also include any persons that have been authorised, appointed or otherwise permitted to access and use the Portal and Account (including employees, subcontractors, non-governmental agencies and agents) of the Registrant. 
  •  “Services” shall together mean all services provided by myWanderLoop, including but not limited to the Device, Portal and Website, and any ancillary services such as  replacement. 
  • “User” shall mean any person accessing and using the Services, the Patient or Registrant. 
  • “Website” shall mean mywanderloop.com. 

Registration and Assigning Emergency Contacts

You must be at least 18 years old to register for and use the Services. If you are a Registrant, you must also be at least 18 years old. By registering, you represent and warrant that you are 18 years of age or older. 

If you are a Registrant, you represent and warrant that you are duly authorised by the Patient or the Patient’s legal guardian to accept these Terms on the Patient’s behalf. 

In order to complete registration, you must provide an Emergency Contact and their contact details. The assigned Emergency Contact(s) will be sent a ‘one time password’ to verify their contact number. If a Code is scanned, the Emergency Contact’s details will be displayed to the person scanning the Code, and the Emergency Contact will receive a text message alert. Additionally, the Device shall be printed with the Emergency Contact’s phone number. 

About the Services and Your Use 

  1. Access to the Services

Upon your successful payment of the subscription fees, we shall provide you with the following Service: 

  • Supply of Device to shipping address of your choice; 
  • Subscription license for access and use of the Portal and registration of Patients; and 
  • Access to Personal Information made available in the Code (unless information access is restricted or withheld upon your request through the Portal).

For subscription to the Portal, we grant you a limited, non-exclusive, non-transferable, worldwide personal license for the access and use of the Portal and the ability to enter Patient Personal Information in the Portal as deemed appropriate by you. This license is only limited to use of the Portal in relation to the Device. Other than provided herein, no other right or license is granted to you.

myWanderLoop provides you the Services to permit access to the Personal Information. For more information on how we collect and use the Personal Information, please see our [Privacy Policy]. 

  1. Regarding Personal Information and Privacy 

As part of our Services, we will store the Personal Information that you provide to us or have provided on yours or a Patient’s behalf in the Account, and generate the Code to affix on your Device. Any person may access you or a Patient’s Personal Information by scanning the Code, you are required to remain judicious and carefully consider the Personal Information that you seek to add regarding you or a Patient. You must also provide us with accurate Personal Information, to ensure your or the Patient’s safety. You also provide us with a non-exclusive, transferable, perpetual, worldwide license to access, use, display, transfer, disclose or otherwise use (in accordance with these Terms) any Personal Information or other information that you may provide to us. 

We at myWanderLoop take your privacy seriously. We request you to carefully read our [Privacy Policy], which details how we collect, use, store, process, disclose, transfer and keep your Personal Information secure. Our Privacy Policy forms an integral part of these Terms.

myWanderLoop allows third parties to access your or a Patient’s Personal Information that you provide us. You hereby authorize us to release your Personal Information connected to the Code to anyone, including medical personnel, and we shall not be liable for any such access to or use of the Personal Information. There may be certain instances in which anyone may scan the Code and therefore have access to the Personal Information. If you believe that any third party may have accessed or viewed the Personal Information, you may check the date and time of the scan on the Portal.

You acknowledge and agree that:

  1. you have sole discretion with respect to all data and information, including but not limited to your or a Patient’s Personal Information, in your Account. 
  2. you are solely responsible for maintaining the Personal Information and Account in an accurate, complete and up-to-date manner. 
  3. in the event you provide to us any personal or personally identifiable information (including sensitive personal data or information) of any third party or person, you accept that you have procured relevant consents from such third party prior to transferring or providing us with such information. 
  4. we are authorised to verify you or your Account, as appropriate and as permitted under applicable law, including offline processing of your Aadhaar details. 

Aside from verification to ensure duplicate accounts are not created, we will not verify or check the accuracy of any data or information provided to us by you. 

  1. Regarding the Device and Code

The Device and Code are intended to be used for the individual Patient that is registered on the Portal. The Device and Code are not transferrable. 

Upon delivery of the Device, you are requested to fill in the Device feedback form on the Portal, post which we will activate the Device for use. We also urge you to check the item for any defects. In the event that the Device is damaged when delivered to you, please file a complaint on the Portal with a period of two (2) days from delivery. We will pick up the damaged Device from your delivered address and investigate the damage. If found defective, we will issue a new Device to you. 

Upon successful delivery, all title, risk and liability in the Device shall transfer to you, and you will be responsible for any loss, damage or other such event in relation to the Device. 

myWanderLoop is not responsible for any damage, destruction, loss or theft of your Device or Code. If the Device is lost or damaged, you shall continue to pay all subscription fees under these Terms and shall immediately intimate us regarding such loss or damage. 

myWanderLoop does not provide any warranties with respect to the Services or Website. 

  1. Fees, Payment, Service Suspension and Device Replacement
Our fee listing is available below:
INR 199 plus applicable GST for one year subscription which includes the Band and the services
INR 199 plus applicable GST for a purchase of new Band in case of reported lost or damage

Prices listed are exclusive of taxes. 

If your Device is lost, you may report the loss on our Portal, and upon payment of the replacement Fee, a new Device will be shipped to you. The Code affixed to the lost Device shall be deactivated. 

Except as expressly provided herein, all payments under this Agreement will be irrevocable, non-refundable, and non-creditable. We shall replace Devices if delivered with defects in accordance with the terms of these T&Cs.  

Each subscription cycle for the Services is for a period of one (1) year from the date of purchase. Details regarding your subscription cycle are available on the Portal, upon logging into your Account. We will endeavour to notify you thirty (30) days prior to the expiry of your subscription. We will also provide a period of fifteen (15) days post expiry to renew your subscription to the Services, during which you will be permitted to continue accessing the Services. Post this period, we will deactivate the Services, although you may re-subscribe at any time by payment of the renewal Fees through your Account.  

Please also see the ‘Termination’ section of these T&Cs below. 

  1. Regarding Your Account

You agree that you are responsible for safeguarding your Account credentials. You will notify us regarding any unauthorised access or use of your Account. myWanderLoop will not be responsible for any loss, damage, claims or liabilities relating to arising out of the unauthorized use of your Account. 

  1. Website Content and Use Restrictions

From time to time we may display or link to certain content, newsletters, information, materials or articles on the Website, written by third parties. Such content on the Website are not intended to amount to medical advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Website, or by any person who may be informed of any of its content.

You may view, listen to or watch the content available on the Website for your own private and non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and any intellectual property notices are not removed. You must not use or allow others to access or use, all or any part of our Website or the contents on it for commercial purposes without our permission. Use of all or any part of the Website or the content on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee. 

From time to time we may restrict access to some parts or the entire Website to users who have registered with us. This may include instances such as routine maintenance, security checks, or other reasons regarding which we will endeavour to notify you.  

You agree that you will not use the Services in the manner detailed below: 

  • To use or access another user’s Account; 
  • To provide false, inaccurate or misrepresented information when registering or making entries on the Portal; 
  • To commit or promote any unlawful, illegal or unethical acts or purposes;  
  • For any unlawful purpose or for the promotion of illegal activities;
  • To attempt to interfere with the proper functioning of the Service; 
  • To make any automated or other unauthorised use of the Services, or cause the Services to be unable to function, remain live, or for us to provide access to the Services to any other users; 
  • To reverse engineer, decompile, disassemble, scrape, crawl or otherwise use the Services or any data hosted on the Services. 

Links to Third-Party Websites or Content

From time to time myWanderLoop may provide links to other websites or resources that myWanderLoop deems, in its sole discretion, useful, informative, or beneficial to Users. Such links are provided solely as a courtesy to Users. myWanderLoop has no control over third party websites, applications, software or content, or the promotions, materials, information, goods or services available on these third party websites, applications, software or content. Such third party websites, applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by myWanderLoop, and myWanderLoop is not responsible for any third party websites accessed through the Website or any third party applications, software or content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party websites, applications, software or content. If you decide to leave the Website and access the third party websites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer apply. 

Shipping Policy

myWanderLoop is a subscription service which includes a Band and its associated service.  The Band will be shipped to the Band User within India as registered by the Registrant as the service is only applicable for Band Users in India.

Intellectual Property

You acknowledge and agree that we (or our third party information services, as applicable) own in whole and all rights and interest therein of the Services, including all intellectual property rights of any kind related to the Website and the Portal, including applicable patents, copyrights, trademarks, and other proprietary rights. “myWanderLoop” and other myWanderLoop graphics, logos, designs, page headers, button icons, scripts and service names are marks that are owned by myWanderLoop. You may not use myWanderLoop’s intellectual property in any manner, including but not limited to:

    1. In connection with any product or service in any manner that is likely to cause confusion or create the impression that myWanderLoop endorses any product or service; or
    2. Reproduction of the myWanderLoop trademarks and trade names without the prior written permission of myWanderLoop. 

Other product and company names that are mentioned in the Services may be trademarks or the intellectual property of their respective owners. We reserve all rights that are not expressly granted to you under these Terms. 

Modification of the Services 

myWanderLoop may modify the Services, and all content, software and other items used or contained in the Service, at any time at their sole discretion. myWanderLoop make no representations or warranties with respect to any updates to the Service, nor does myWanderLoop represent or warrant the continuity of the features or the facilities provided by or through the Service between various releases thereof.

We may modify, add, or delete portions of these Terms at any time. In the event of any changes, we will post a notice to our Website or Portal regarding the changes and effective date. Any revisions to these Terms will become effective as of first time that you access or use the Services after such changes. If you do not agree to abide by the amended Terms, you are not authorized to continue to access, use or participate in the Services. If you continue to use the Services upon notification of changes to you, you hereby agree that this will signify your agreement to the amended Terms.

Any changes to these Terms other than as set forth in this paragraph, or waiver of myWanderLoop’s rights hereunder, shall not be valid or effective except in a written agreement bearing the physical signature of an authorized officer of myWanderLoop. No purported waiver or modification of these Terms by myWanderLoop via telephonic or email communications shall be valid. 

Disclaimers

myWanderLoop is not a health care service provider. We do not diagnose, prescribe medication, or recommend any form of therapy, and we acknowledge that we are not appropriately licensed to provide such medical or related services. Medical professionals should use their professional judgment in using your Personal Information displayed through the Services. The Services are not a substitute for the care provided by licensed medical professionals. myWanderLoop do not assume any responsibility for any aspect of health care administered with the aid of information the Service provides.

The Services are to be used only for the purpose of information dissemination for you, Patients, medical professionals, and any persons that require access to the Personal Information in order to be able to assist you or a Patient. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We cannot promise that myWanderLoop will improve the effectiveness or the outcome of the treatment you will receive. We also cannot confirm the accuracy of the information you provide to us or that your health care providers may disclose to us. Reliance on any information provided by myWanderLoop or its third party service providers is solely at your own risk. 

You hereby agree that myWanderLoop is not responsible for any myWanderLoop Profile which is delayed, lost, altered, intercepted or stored without authorization during the transmission of any data across networks not owned or operated by myWanderLoop, including but not limited to the Internet. myWanderLoop shall not be liable for any downtime or suspension of Services due to events outside its control, including loss of connectivity, failure of a third party sub-contractor or service provider, or any Act of God. You also agree that myWanderLoop is not responsible for the consequences of, or any loss, interception, misuse or alteration of any data in the event that anyone prints or reproduces any hard copy records of your myWanderLoop Account for the purposes of facilitating treatment.

YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, RE-UNITE AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES, REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

You may use certain third party software and/or hardware necessary in order to access the Services, such as a web browser, mobile application, or other such platforms. You agree that myWanderLoop is not responsible for the operating of such third party software or hardware. You accept and acknowledge that you are fully responsible for maintaining third party software systems and security protections that are fully compliant with the Service. 

You acknowledge and agree that myWanderLoop has no control of or responsibility for your use of the Service, the content or Personal Information provided therein, or knowledge of the specific circumstances under which the Services, the content of Personal Information may be disclosed to any person. We undertake no obligation to supplement or update the Personal Information unless you authorise us to do so. We also undertake no obligation or liability to update or supplement any content on the Services. 

myWanderLoop’s services shall be provided subject to your compliance of the T&Cs and applicable law. You acknowledge and agree that myWanderLoop shall not be liable or responsible for any your failure to abide by the terms of these T&Cs, including for non-payment for the Service. 

You assume all risks for selection and use of the myWanderLoop’s Services. Neither myWanderLoop nor its third party service providers shall be responsible for any errors or inaccuracies due on your Account, in content provided to you through the myWanderLoop Services, or due to any delays or interruptions in transmissions.   

Indemnification and Limitation of Liability

You agree to indemnify and hold myWanderLoop and its third party service providers (including persons treating you) harmless from any claims, lawsuits, proceedings, costs, attorney’s fees, damages or other losses (collectively, “losses”) arising out of or relating to (a) your use of or inability to use the Service or the content provided therein, the Portal, or the Device (including but not limited to the Codes) furnished in connection therewith, and (b) any data or information input into the service by you or on your behalf, in all cases including but not limited to losses based on warranty, contract, tort, personal injury, medical malpractice, product liability, or any other legal theory, whether or not myWanderLoop or its third party service providers have been informed of the possibility of such damage.

To the maximum extent permitted by applicable law, you agree that in no event shall myWanderLoop be liable to any person (including you, any patients and persons treating you) for any lost profits, or for any special, incidental, consequential, or indirect damages, arising out of or relating to your use of or inability to use the service or the content provided therein, regardless of cause of action, and whether or not re-unite or its third party service providers have been informed of the possibility of such damages. To the maximum extent permitted by applicable law, in no event shall the cumulative liability of myWanderLoop or any third party service provider exceed the amounts payable by you for use of the Service. 

Termination

In the event that you no longer require the Services for any reason, please write to us at service@mywanderloop.com. You shall also notify us immediately or at the latest within seven (7) days from the date of death of a Patient, so that we may take measures to suspend the Code to prevent potential misuse of the Device. 

If you do not accept these Terms or fail to accurately and appropriately provide information that myWanderLoop requests from you, you understand that you will not be able to access the Service. 

myWanderLoop may other suspend or terminate your Account or ability to use the Services, in whole or in part, through notice sent to you via email, in the event that (i) you violate these Terms or violate any other policies that govern the use of the Services or Portal, (ii) your conduct may harm myWanderLoop or others (including myWanderLoop users) or cause myWanderLoop or others to incur liability, (iii) as otherwise determined by myWanderLoop in its sole discretion, or (iv) you commit or seek to commit any unlawful activities using the Services, Website, Code or any other services and products offered by myWanderLoop. 

After termination of your account, (i) we will delete your Account, and (ii) you immediately forfeit all rights to access or use the Services, including any content therein. 

Any Fees already paid shall be forfeited. 

You may revoke your acceptance of these Terms at any time by writing to us at service@mywanderloop.com

Amendments to these Terms

We may amend the terms of this T&Cs from time to time and such amendments shall automatically take effect. You shall be responsible to ensure that you review such amendments. In certain cases, we may require you to confirm their acceptance of such amendments. If you do not agree to any such amendments, we may terminate these T&Cs effective immediately. 

Miscellaneous

Assignment. myWanderLoop may assign or delegate these Terms or the Privacy Policy, in whole or in part, to any person or entity at any time without your prior consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without myWanderLoop’s prior written consent, and any unauthorized assignment and delegation by you is void.

Entire Agreement. These Terms, read together with the Privacy Policy and any other agreements signed between you and us (including other policies and terms and conditions that may be applicable and notified from time to time), shall constitute the entire agreement between the parties. You acknowledge that these Terms and the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us and that it supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of these Terms of Use.

Governing Law. These Terms and your use of the Services are governed by the laws of the Republic of India. Any disputes shall be subject to the courts of Pune, Maharashtra. If any part of these Terms of Use is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of myWanderLoop to enforce any provision of these Terms shall not be considered a waiver of our right to enforce such provision. Our rights under these Terms shall survive termination. 

Legality of these Terms. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder and the provisions pertaining to electronic records in various statutes as amended from time to time. 

Contact Us

In case of any query with regards to these Terms, the Device, Services or the Portal, you may contact us at service@mywanderloop.com