M/s Perdurance Health Private Limited (“BetterWay”, “us”, “we”, “our”), operates as a outcome-driven healthcare service provider for chronic lifestyle disorders through its health care facilities situated at various places in India (“Clinic(s)”) and website available at https://thebetterway.co/ (referred to as the “Site”) and services which are linked, or connected thereto (“Service(s)”). BetterWay requests the users (“user”, “you”, “your”) to carefully go through these terms & conditions (“Terms of Usage” or “Agreement” or “TOU” or “Terms”), which apply to your access to and use of Clinic, Site and Services and constitute a legally binding agreement between you (personally and/or on behalf of an entity, as the case may be) and BetterWay.
By clicking your consent (e.g., “Continue,” or “Sign-in”) and browsing/accessing the Clinic and Site to avail our Services, you irrevocable and unconditionally agree to have read and understood, abide by and be bound by all these obligations as stipulated in this TOU.
In case you do not agree to be bound by all or any of the terms and conditions captured in this TOU, you are requested to stop using the Clinic, Site and its Services immediately.
Using the Betterway site
1. Who can use it?
The Site is intended for users who are at least eighteen (18) years of age. We have assumed that any users below the age of eighteen (18) accessing the Site and/Services is accompanied by a parent or a guardian who has read and agreed to these Terms of Usage and we strongly recommend that users below the age of eighteen (18) to be accompanied by a parent or a guardian at all times of accessing the Site/Services. Users who are at least eighteen (18) years of age may create an account if they wish to avail our Services. Any use of our Services by anyone under eighteen (18) years of age is expressly prohibited unless accompanied and consented by a parent/ legal guardian and by using our Services you represent and warrant that you are eighteen (18) years or older except under the guidance of their parents or legal guardians.
2. User Registration
BetterWay is a results-oriented healthcare service provider dedicated to addressing chronic lifestyle disorders via its Site and connected Services. Our platform is designed to offer comprehensive healthcare solutions and support for individuals seeking to manage and improve their health. In order to avail some or all of our Services, you are required to create an account by registering with your Mobile Number/Google/Linkedin/Email account on the Site, which is protected through login information, including a username and a password, which is only known to you. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Should there be a log in to your account using such login credentials, it shall be deemed that your account has been accessed by you or any third-party to whom you have granted access to the account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account. You further agree not to use the account or log in with the username and password of another user of the Site if - (a) you are not authorized to use both or (b) the use would violate the Terms of Usage.
You understand that once you register as a user on the Site, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from BetterWay on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by BetterWay. You, hereby, by way of accepting these Terms consent to the receipt of such communication from BetterWay.
3. Privacy Policy
Our privacy practices are set forth in our Privacy Policy [insert hyperlink]. By accessing the Clinic and Site, you are deemed to have agreed to and accepted our Privacy Policy, regardless of whether you are a registered user.
4. Payments
With the intent to have a more user-friendly transaction model for payments, we use third-party payment processors to process payments for purchase of Services through the Site. The Site functions under a deferred payment model, wherein users have the option to remunerate for the rendered services subsequent to the occurrence of the scheduled appointment at the Clinic. Before making any payments through third-party payment processors for making any purchases on the Site, you should review the applicable terms and policies, including privacy and data gathering practices of the above-mentioned third-party payment processors to which you navigate from the Site before making any payments, as these third-party payment processors may require your personal information to complete any purchases on the Site.
5. Closure of account
You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your account if you violate any of our policies (including these Terms) or for any other reason we may deem fit.
6. Changes to the Site
We are always trying to improve your experience on the Site. We may need to add or change features and may do so with or without notice to you.
User Representations
By registering on the Site, you represent, warrant and agree that:
All registration information (wherever applicable) you submit will be true, accurate, current and complete;
The information on the Site is not a substitute to proper consultation and treatment from a BetterWay Ayurveda Doctor, or other registered medical practitioners;
The use of the Site or any Services provided through them does not guarantee the treatment of any medical condition or disease.
The Site may not consistently provide uninterrupted, timely, secure, or error-free access.
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these terms of usage;
You are not under the age of eighteen (18) and are accompanied by a parent or a guardian if you are below the age of eighteen (18);
You are not barred from using the services or accessing the site under the laws of India or any other applicable jurisdiction.
You will not use the site for any illegal or unauthorized purpose; and
Your use of the site will not violate any applicable law or these terms of usage.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER RESTRICTIONS
BetterWay strictly restricts the use of the Site/Services in any manner which is inconsistent with any our terms and policies, as well as any applicable laws. A summary of such restrictions that all users should abide by is as follows:
You may not use the Site/Services for any purpose other than that for which the Site/Services are available. You cannot use it for any commercial endeavors except those that are specifically endorsed by us.
You cannot systematically retrieve the data or other content from the Site without our permission.
You cannot make any unauthorized use of the Site and our Services, including your usernames and email addresses or usernames and email addresses of other users on the Site.
You cannot post any sexual or abusive content on the Site, including but not limited to pornographic material, sexually explicit language, or content that promotes violence or harassment towards other persons.
You cannot use the personal information of other users on the Site, collected by you from your use of the Site/Services, for any illegal or unauthorized purposes.
You cannot use the personal information of other users on the Site, collected by you from your use of the Site/Services for any commercial purposes, including but not limited to selling such personal information
You cannot circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce imitations on the use of the Site and/or the content contained therein.
You cannot attempt to impersonate another user or person or use the username of another user.
You cannot harass, annoy, or threaten any of our employees or agents engaged in providing the portion of a Site to you
You cannot adapt the Site’s software, or delete the copyright or other proprietary rights notice from the content.
You cannot disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Services.
You cannot use the Site in a manner inconsistent with any applicable laws or our policies.
Territorial Restrictions
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that BetterWay intends to announce such Services in your country. The Services are controlled and offered by BetterWay from its facilities in India. BetterWay makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with applicable local laws.
Acceptable Use
You are responsible for all your activity on the Site and the use of Services, and to ensure that you do not use the Site/Services in a manner inconsistent with any applicable laws or our policies. If your use of the Site/Services is prohibited by applicable laws, then you are barred from using the Site/Services. BetterWay will not be responsible for your use of the Site/Services in an unauthorized or illegal manner. You also agree that you will not use the Site/Services in a manner that:
is fraudulent or threatening
jeopardizes the security of your and other users’ account;
attempts, to obtain the password, account, or other security information of any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
“crawls,” “scrapes,” or “spiders” any page, data, or portion of the Site (through use of manual or automated means);
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to BetterWay.
interferes with, or disrupts, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, scraping, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Site, or any processes that run or are activated while you are not logged into your account, or run any processes that otherwise interfere with the proper working of the Site;
Services Offered
Clinic
BetterWay, through its state-of-the-art ayurvedic clinic, offers a wide range of traditional ayurveda treatments. Our expert practitioners provide personalised consultations, herbal remedies, detox therapies, dietary guidance, yoga, meditation, and more. Experience holistic healing and rejuvenation in a serene environment dedicated to your well-being. Discover the ancient wisdom of Ayurveda with us.
BetterWay would provide following treatment services, and others, based on doctor consultation:
• Sarvang abhyang with Swedan
• Sarvang abhyang
• Abhyang (Ardhang)
• Abhyang (Ekang)
• Choorna Pinda Swedam- Ardhangam
• Choorna Pinda Swedam- Ekangam
• Choorna Pinda Swedam- Sarvangam
• Patra Potli Pinda Sweda- Ardhangam
• Patra Potli Pinda Sweda- Ekangam
• Patra Potli Pinda Sweda- Sarvangam
• Shastik shali pinda sweda per siting
• Nadi swedan - Ardhangam
• Nadi swedan - Ekangam
• Nadi swedan - Sarvangam
• Basp Swedan
• Kati basti
• Griva
• Hridya basti/Urobasti
• Janu basti both knees
• Janu basti one knee
• Nabhi basti
• Ksheer dhara
• Takra shiro dhara
• Takra sarvang dhara
• Tail shiro dhara
• Nasya karma
• Netra tarpan
• Netra dhara
• Lepam (netra/janu/pad/lalat)
• Shiro basti
• Matra basti
• Twarit basti
• Uttar basti
• Karna puran
• Udvartan
• Talam
• Shiropichu
• Yoni pichu
• Yoni prakshalan
• Upnah swed
• Sneh dhara swed (sarvang)
• Yog basti
• Kal basti
• Karma basti
• Vaman karma
• Virechan karma
Through Site
BetterWay, through its Site, simply acts as an appointment booking platform with the core mission of providing assured treatment with the assistance of expert doctors. BetterWay may change, suspend, or discontinue the availability of any of its Services at any time, without any notice or liability. You acknowledge that the prices payable in connection with any of the Services, may be subject to change, without notice or liability.
While describing our Services on our Site, we endeavor to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Service descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Services.
Third-Party Websites and Content
The Site may contain links of the other websites as well as the articles, photographs, torts, graphics, pictures, designs, music, videos, information, application, software or any other content belonging from the third parties (“Third-party Content”).
Third-party Content is not investigated, monitored or checked for accuracy by us and we are not responsible for any Third-party Websites or Content accessed through our Site.
If You decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Usage no longer govern you.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Our Content and Materials
1. Our Content and Materials
All intellectual property in or related to the Site (specifically including, but not limited to our software, BetterWay marks and the BetterWay logo is the property of BetterWay (collectively “Our Content and Materials”).
2. Data
All data we collect (“Data”) about use of our Site by you or others is the property of BetterWay. Data does not include your Contributions and is separate from Our Content and Materials.
3. Our Permission to You
Subject to your compliance with this TOU, BetterWay permits you to view and access any content of Site solely for your personal and non-commercial purposes. You have no right to assign or transfer this permission granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site and Services, except as expressly permitted in the TOU. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BetterWay or its licensors, except for the licenses and rights expressly granted in the TOU. The Site and the intellectual property rights vested therein is owned by BetterWay.
We may terminate our permission to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Site or to remove content. Except for the rights and license granted in these TOU, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
User Reviews
The Site may allow you to post certain content, data or information of your own, such as allowing you to rate the Services, post your comments, and reviews in relation to the Services on specific pages of the Site, as well as submit any suggestions, comments, questions or other information to BetterWay using the Site (collectively referred to “User Content”).
While interacting with other users on the Site, you are solely responsible for exercising due caution to ensure the safety of your personal information and your intellectual property.
BetterWay does not control or guarantee the quality, safety or legality of contributions of any users on the Site, the truth or accuracy of the User Content on the Site, the information provided by any users through the Site, or the integrity, responsibility or any action of any users on the Site. Hence, you are solely responsible for your interactions with other users on the Site, and while BetterWay does not take part in any interactions amongst the users, we may, in our discretion, help facilitate the resolution of disputes between the users and reserve the right but not an obligation to provide support in the event a dispute arises between the users.
Limitation of Liability
To the maximum extent permitted by law, we and our managing members, employees, shareholders, affiliates, agents, and suppliers will not be liable for any indirect, special, incidental, consequential, or multiple damages, or any loss or profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) the conduct or content of other users or third parties on or through the Services; or (c) unauthorized access to or use of the secured servers and/or any and all personal and/or financial information stored therein; (d) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not gynoveda is advised of the possibility of such damages. Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of BetterWay vis-à-vis any user of the Site, regardless of the form of claim, shall be limited to the aggregate of transaction amount paid by the user to BetterWay. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
Miscellaneous
1. Intellectual Property Rights
All the source codes, databases, software, website design, audio, videos, texts, photographs, functionality and the graphics on the Site and the trademarks, service marks and logos contained are owned and controlled by us and are protected under Indian Trademark and Copyright laws and other Intellectual Property laws. Our Content and Materials are provided on the Site on an “AS IS” basis for your information.
2. Modifications
We reserve the right to modify, change or remove the contents from the Site at any time or for any reason at our sole discretion without any notice.
3. Advertisements
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.
4. Dispute Resolution
In case any dispute arises, to expedite resolution and control the cost of dispute related to the Terms of Usage brought either by us or by you, the parties agree to first attempt to negotiate the dispute informally at least before 120 days before initiating arbitration, the proceedings of which shall be in accordance with the (Indian) Arbitration and Conciliation Act, 1996. The venue and the seat of the arbitration shall be New Delhi. These Terms are governed by the laws of Republic of India and the courts in New Delhi, India (subject to the arbitration) shall have exclusive jurisdiction over any disputes arising between you and BetterWay.
5. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, use of the Site, breach of these Terms of Usage, any breach of your representations and warranties set forth in these Terms of Usage, your violation of the rights of a third party, including but not limited to intellectual property rights, or any overt harmful act toward any other user of the Site with whom you connected via the Site.
6. Amendments
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
7. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
8. Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your BetterWay account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
9. No Joint Venture
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BetterWay, and you do not have any authority of any kind to bind us in any respect whatsoever.
10. Entire Agreement
You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Disclaimers: The Services are provided “AS IS” and “AS AVAILABLE” and to the extent permitted by law without warranties of any kind, either express or implied. While we attempt to provide a good user experience, we do not represent or warrant that: (a) the Site and Services will always be secure, error-free, or timely; (b) the Site and Services will always function without any delays, disruptions or imperfections; or (c) that any content, user content, or information you obtain through the Site will be accurate.
Any content downloaded from or accessed through the services is accessed at your own risk, and you shall be solely responsible for any damage to your property, resulting from accessing such content. No advice or information whether oral or written obtained from BetterWay or through the services will create any warranty not expressly made herein. We cannot guarantee continuous or secure access to the Site and operation of the Site may be interfered with by numerous factors outside our control.