Walk Foundation | Terms & Conditions

Walk4Life Medicare Private Limited, on behalf of itself and its affiliates/group companies under the brand "Walk Foudation" (“Walk Foundation”), is the author and publisher of the internet resource www.walkfoundation.com

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go thorough the Privacy Policy of Walk foundation website prior to taking any service. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Walk Foundation in connection with your visit to the Website and your use of the Services (as mentioned below).
The Agreement applies to you whether you are -

A medical practitioner or health care provider, (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for practitioners/ consultants through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).

For Practitioners: Listing of surgeons/ consultants and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) read about orthopedics specialties (ii) search for orthopedic experts by name, specialty, and geographical area, or any other criteria that may be developed and made available by Walk Foundation, and (iii) to make appointments with orthopedic doctors/ surgeons.

The Services provided on Walk Foundation website may change from time to time, at the sole discretion of Walk Foundation, the Agreement will apply to your visit to and your use of the Website to avail a particular service, as well as to all information provided by you on the Website at any given point in time through any of the enquiry forms.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at contact@walkfoundation.com.

By accessing the Website to use the Services, you irrevocably accept all the conditions outlined in this Agreement, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

2. CONDITIONS OF USE

By registering, visiting and using the Website or accepting this Agreement, you represent the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE FOR ALL NON-PRACTITIONER USERS

3.1 End-User Account and Data Privacy

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 Walk Foundation may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of the website services and to build new services if necessary.

3.1.3 The Website gives Walk Foundation the permission to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the doctors/surgeons/physiotherapists and their practice.

3.1.4 In the Privacy Policy, among other things:

The type of information collected from Users, including sensitive personal data or information or contact details;
The purpose, means and modes of usage of such information;
How and to whom Walk Foundation will disclose such information; and,
Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand properly the Privacy Policy, for he/she to ensure having knowledge of, among other things,

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

3.1.6 Walk Foundation shall not be held responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Walk Foundation or to any other person acting on behalf of Walk Foundation.

3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, while registering on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Walk Foundation of any actual or suspected unauthorized use of his/her account or password. Although Walk Foundation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Walk Foundation or such other parties as the case may be, due to any unauthorized or suspicious use of your account.

3.1.8 If a User provides any information that is untrue, inappropriate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete by time), or Walk Foundation has reasonable grounds to suspect that such information is inappropriate, untrue, inaccurate, not current or incomplete, Walk Foundation has the right to discontinue the Services to the User at its sole discretion.

3.1.9 Walk Foundation may use such information collected from the Users from time to time for the purposes of debugging customer support related issues, resolving patient generated queries and to improve the user experience.

3.2 LISTING CONTENT & DISTRIBUTION OF INFORMATION

3.2.1 Walk Foundation collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the orthopedic surgeon/doctor listed on the Website, such as their specialization, qualification, fees, location, visiting hours, work experience and similar details. Walk Foundation takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Walk Foundation screens and checks the information and photos submitted by the doctors/surgeons, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.2.2 The Services provided by Walk Foundation or any of its license holders or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchant ability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Walk Foundation does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Walk Foundation does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Walk Foundation disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Walk Foundation or any User in relation to any User or services provided by such User.

3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Walk Foundation has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Walk Foundation endorses the linked site. User may use the links and these services at User’s own risk.

3.2.4 Walk Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.2.5 If Walk Foundation determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Walk Foundation reserves the right to immediately suspend your access to the Website or any of your accounts with Walk Foundation and makes such declaration on the website alongside your name/your clinic’s name as determined by Walk Foundation for the protection of its business and in the interests of Users. You shall be liable to indemnify Walk Foundation for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Walk Foundation or its Users.

3.3 BOOK APPOINTMENTS AND CONSULTATIONS

Walk Foundation enables Users to connect with orthopedic surgeons/doctors through Book Your Appointment facility that allows Users book an appointment/consultation through the enquiry forms mentioned in the Website.

3.3.1 Walk Foundation will ensure Users are provided confirmed appointment/consultation on the Book Your Appointment facility. However, Walk Foundation has no liability if such an appointment is later canceled by the surgeon/doctor, or the same surgeon/doctor is not available for appointment.

3.3.2 The results of any search Users perform on the Website for surgeons/doctors should not be construed as an endorsement by Walk Foundation of such particular surgeon/doctor. If the User decides to engage with a surgeon/doctor to seek medical services, the User shall be doing so at his/her own risk.

3.3.3 Without prejudice to the generality of the above, Walk Foundation is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the surgeon/doctor. User understands and agrees that Walk Foundation will not be liable for:

User interactions and associated issues User has with the surgeon/doctor;

the ability or intent of the surgeon(s)/doctor(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the surgeon(s)/doctor(s), or any medical negligence on part of the surgeon(s)/doctor(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the surgeon/doctor to provide agreed Services;
any misconduct or inappropriate behaviour by the surgeon/doctor or the surgeon/doctor’s staff;
cancellation or no show by the surgeon/doctor or rescheduling of booked appointment or any variation in the fees charged.

3.4 NOT FOR EMERGENCY USE & DOCTOR- PATIENT RELATIONSHIP

3.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed doctor/patient relationship, between Walk Foundation and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified surgeon/doctor.

3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Walk Foundation, and its employees, contractors, partners, sponsors, advertisers, license holders or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly. Walk Foundation does not support any case of medical emergency.

4. TERMS OF USE FOR SURGEONS/DOCTORS

The following terms are applicable to surgeons/doctors only:

4.1 LISTING POLICY

4.1.1 Walk Foundation, directly and indirectly, collects information regarding the surgeons’/doctors’ profiles, contact details, speciality and experience of work. Walk Foundation reserves the right to take down any surgeons’/doctors’ profile as well as the right to display the profile of the surgeons/doctors, with or without notice to the concerned surgeons/doctors. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Walk Foundation immediately to enable Walk Foundation to make the necessary amendments.

4.1.2 Walk Foundation shall not be liable and responsible for the ranking of the surgeons/doctors on external websites and search engines

4.1.3 Walk Foundation shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Walk Foundation, where the User has expressly or implicitly consented to the making of disclosures or publications by Walk Foundation. If the User had revoked such consent under the terms of the Privacy Policy, then Walk Foundation shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Walk foundation prior to its actual receipt of such revocation.

4.1.4 Walk Foundation reserves the right to moderate the suggestions made by the surgeons/doctors through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, surgeons/doctors shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of surgeons/doctors are added to the Website.

4.1.5 Surgeons/doctors explicitly agree that Walk Foundation reserves the right to publish the Content provided by surgeons/doctors to a third party including content platforms.

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

4.2 PROFILE OWNERSHIP AND RIGHTS TO EDIT

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

4.3 BOOK YOUR APPOINTMENT FACILITY

4.3.1 As a valuable partner on our platform we want to ensure that the surgeons/doctors experience on the booking platform is beneficial to both surgeons/doctors, and their Users.

4.3.2 surgeons/doctors understands that, Walk Foundation shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Walk Foundation.

4.4 SURGEON/DOCTOR UNDERTAKING

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

5. TERMINATION

5.1 Walk foundation reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Walk Foundation is unable to verify or authenticate any information provide to Walk Foundation a User;
Walk Foundation has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Walk Foundation believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Walk Foundation or are contrary to the interests of the Website.

6. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Walk Foundation, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End- Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by surgeons/doctors to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website or the Service.

Terms & Conditions