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Terms and Conditions

WHOLISTED TERMS AND CONDITIONS

Perfect Health Checkin LLP, on behalf of itself and its affiliates/group companies under the brand “Wholisted” (“Wholisted“, “we”, “our” or “us“), is the author and publisher of the internet resource www.wholisted.co.in and the mobile application ‘Wholisted’ (together, “Website/Platform/App“).

  1. 1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms“) and the Privacy Policy before you decide to access the Website or avail the services made available on the Website by Wholisted. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement“) between you and Wholisted in connection with your visit to the Website and your use of the Services (as defined below).

1.1 Categories of Users

The Agreement applies to you whether you are:

  1. A mental health professional (psychiatrist, psychologist, counsellor, therapist) or nutritionist, wishing to be listed, or already listed, on the Website, including designated authorized associates of such Practitioners or institutions (“Practitioners“, “you” or “User“); or
  2. A person, his/her/their representatives or affiliates, searching for Practitioners through the Website (“End-User“, “you” or “User“); or
  3. Otherwise a User of the Website (“you” or “User“).

1.2 Scope of Services

This Agreement applies to those services made available by Wholisted on the Website (“Services“), including the following:

For Practitioners:

  1. Listing of Practitioners and their profiles and contact details, to be made available to other Users and visitors to the Website
  2. Facility to create and maintain professional profiles with qualifications, specializations, and practice details
  3. Booking facility for appointment scheduling
  4. Networking opportunities and professional collaboration features (available in select plans)
  5. Blog publishing and content creation platform
  6. Review and ratings management tools

For End-Users:

Facility to:

  1. create and maintain ‘Health Accounts’,
  2. search for Practitioners by specialty, location, and any other criteria as may be specified, and
  3. Book appointments with Practitioners
  4. 2 . Ability to leave reviews and ratings
  5. Access to blog posts and health information
  6. 3. Secure records management

1.3 Modification of Services and Terms

The Services may change from time to time, at the sole discretion of Wholisted. The Agreement shall apply to your visit to and use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. Such modifications shall be informed to you in writing or through email at the address you have provided. 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 shall 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.

1.4 Governing Law and Compliance

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. The Indian Contract Act, 1872
  2. The Information Technology Act, 2000
  3. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)
  4. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IG Rules”)
  5. The Digital Personal Data Protection Act, 2023 (“DPDP Act”
  6. The Digital Personal Data Protection Rules, 2025 (DPDP Rules”)
  7. The Telemedicine Practice Guidelines issued by the National Board of Examination in Medical Sciences and the Telehealth Regulations
  8. All applicable medical and health regulations in India

CONDITIONS OF USE

2.1 Age Requirement

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website, you represent and warrant to Wholisted that:

  1. You are 18 years of age or older
  2. You have the right, authority and capacity to use & facilitate the Website and Services
  3. You agree to abide by this Agreement
  4. All information provided is accurate, true, and complete and nothing is concealed.

2.2 Practitioner Eligibility

If you are registering as a Practitioner, you further represent and warrant that:

  1. You are duly registered, licensed, and qualified to practice mental health or nutrition services as per applicable laws and regulations in India.
  2. You hold valid professional credentials and licenses as required by law.

You are not debarred, suspended, or prohibited from practicing by any competent authority.

  1. You shall comply with all applicable professional conduct guidelines and ethical standards.
  1. TERMS OF USE APPLICABLE TO END-USERS

3.1 End-User Account and Data Privacy

3.1.1 Information Collection and User Generated Content

Wholisted may now or in the future offer Users, via the Website, the opportunity to create, build, post and upload comments, leave reviews, put up pictures/videos, give feedbacks, take surveys, collectively knows as “User Generated Content”.

Users retain ownership of their User Generated Content, subject to this Agreement and rights granted herein. However, You are solely responsible for the legality, accuracy, and appropriateness of any User Generated Content. All your User Generated Content either must be original or must have all necessary rights in it from third parties in order to permit you to comply with these Terms.

Wholisted may, through its Services, collect information relating to the devices used to access the Website, including device type, operating system, browser type, IP address, and other technical identifiers that help enable platform functionality, security, and performance monitoring.

Anonymous or aggregated information regarding how Users interact with the Website, including pages visited, search queries, Practitioner profiles viewed, and other usage patterns. Such data may be used for analytics, service improvement, and enhancing User experience.

Personal details voluntarily provided by Users while registering on the Website and/or using its Services, including name, image, email address, login details, phone number, location information, and User Generated Content on the Website.

Information that Users may voluntarily share in connection with seeking consultations with Practitioners, including mental health concerns, nutrition or lifestyle information, and other wellness-related details necessary to facilitate consultations.

Records relating to appointments booked through the Website, including Practitioner details, consultation type (online or in-person), appointment dates and times, and related booking or consultation records maintained for service facilitation.

3.1.2 Use of Information

The information collected by Wholisted may be used to improve and maintain the quality, functionality, and reliability of the Webiste and its Services, as well as to develop new features and offerings. Such information may also be used to communicate with Users regarding appointments, consultations, service updates, and related notifications.

In addition, Wholisted may use the information to obtain feedback regarding Practitioners and services available on the platform in order to enhance User experience and Service standards. The information may further be processed where necessary to comply with applicable legal and regulatory obligations.

3.1.3 Privacy Policy

You may access the Privacy Policy here:- https://testwww.equartisadmin.com/privacy-policy-2/

3.1.4 No Responsibility for Information Authenticity

Wholisted shall not be responsible in any manner for the authenticity of the personal information or Sensitive Personal Data (as defined under the Privacy Policy) supplied by the User to Wholisted or to any other person acting on behalf of Wholisted.

3.1.5 Account Security

The User is responsible for maintaining the confidentiality and security of their account credentials, including login ID, password, one‑time passwords, and any other authentication information associated with their Wholisted account. The User agrees that they shall not share, disclose, or otherwise make their account credentials available to any other person and shall take reasonable steps (such as using strong passwords, logging out after use, and securing their devices) to prevent unauthorized access.

The User shall be solely responsible for all activities that occur under their account and password, whether such activities are authorized by the User or not. Wholisted may rely on any communication, transaction, booking, or instruction that is initiated through the User’s account as having been authorized by the User, and Wholisted shall not be obliged to investigate the authenticity or authority of such use.

The User must immediately notify Wholisted upon becoming aware of any actual or suspected unauthorized access to or use of their account, including any compromise of their password or other security information. Wholisted may, at its sole discretion, block, suspend, or otherwise secure the account until such time as the User’s identity has been verified and the security of the account restored.

Although Wholisted shall not be liable for any loss or damage that the User may incur as a result of unauthorized use of their account, the User understands and agrees that they may be held liable for any losses, damages, claims, costs, or expenses suffered by Wholisted or any third party arising out of or in connection with any such unauthorized use of their account, including but not limited to fraudulent bookings, misuse of services, or violation of these Terms and applicable law. Wholisted reserves the right to recover such losses from the User and to take any other action it deems appropriate, including suspension or termination of the User’s account and initiation of legal proceedings, where warranted.

3.1.6 Information Accuracy and Discontinuation

If a User provides any information that is untrue, inaccurate, not current, or incomplete, or if Wholisted has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Wholisted shall have the right, at any time and without prior notice, to suspend, restrict, or permanently discontinue the provision of any or all Services to such User, in whole or in part, at its sole discretion.

In exercising this right, Wholisted may, among other things, deactivate or delete the User’s account, block access to the Website, cancel any pending bookings or services, and remove or edit any content or information submitted by the User, and the User acknowledges that Wholisted shall not be liable to the User or to any third party for any consequences, losses, or damages arising from such suspension, restriction, or discontinuation of Services.

Without prejudice to the foregoing, if Wholisted determines that you have provided fraudulent, inaccurate, or incomplete information (including through feedback, reviews, or any other submissions on the Website), Wholisted reserves the right to immediately suspend your access to the Website, suspend any of your accounts with Wholisted, and make appropriate declarations or flags on the Website alongside your name or profile, to protect its business and the interests of other Users. You shall be liable to indemnify and hold harmless Wholisted for any losses, damages, or costs incurred as a result of your misrepresentations, fraudulent feedback, or other misleading information.

3.1.7 Call Recording and Consent

When you choose to contact a Practitioner through the “Book Appointment/Call Me” option on the Website, you choose to call through an online call service provided by Wholisted. Call records are recorded and stored in Wholisted’s servers. Such calls include an Interactive Voice Response (IVR) message stating the purpose of recording and requesting your consent. These records may be accessed by Wholisted for quality control and support purposes only, in accordance with the applicable Privacy Policy.

Important: This call facility should be used only for attending appointment(s) for consultation on health-related issues purposes. Wholisted accepts no liability if the call facility is used inappropriately by the User or the Practitioner, whether related or unrelated to health issues. In case you do not provide consent to call recording, Wholisted reserves the right to not provide Services for which such information is sought.

3.2 Search Results and Relevance Algorithm

3.2.1 Automated System

Wholisted’s relevance algorithm for Practitioners is a fully automated system that lists Practitioners, their profiles, and information regarding their practice on the Website. These listings do not represent any fixed objective ranking or endorsement by Wholisted.

3.2.2 No Liability for Changes

Wholisted shall not be liable for any change in the relevance of Practitioners on search results, which may take place from time to time. The listing of Practitioners is based on automated computation of various factors including inputs from Users (comments and feedback). Such factors may change from time to time to improve the listing algorithm. Wholisted shall in no event be held responsible for the accuracy and relevancy of the listing order of Practitioners on the Website.

3.3 Listing Content

3.3.1 Disclaimer: “As Is” Basis

The Services provided by Wholisted or any of its licensors 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 merchantability, accuracy, fitness for a particular purpose, title and non-infringement).

Wholisted does not provide or make any representation, warranty or guarantee about the Website or the Services or the relevancy of the listings of the Practitioners for a specific User. Wholisted does not guarantee the accuracy or completeness of any content or information provided by Practitioners or Users on the Website.

3.3.2 Third-Party Links and Content

The Website may be linked to websites of third parties, affiliates and business partners. Wholisted has no control over, and shall not be liable or responsible for, the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any link on the Website does not imply endorsement by Wholisted. Users may use these links and services at their own risk.

3.3.3 System Access Risks

Wholisted assumes no responsibility for any damages to, or viruses that may infect your device(s) due to:

  1. Your access to the Website
  2. Your use of or browsing the Website
  3. You availing the Services on the Website
  4. Your downloading of any material, data, text, images, video content, or audio content from the Website

To the fullest extent permitted by applicable law, if you are dissatisfied with the Website, the Services, or any part thereof, your sole and exclusive remedy is to cease accessing and using the Website and the Services.

3.4 Booking Appointments And Consultation Services 

3.4.1 Appointment Confirmation and Practitioner Cancellation

Wholisted will ensure Users are provided confirmed appointments through the booking facility. However, Wholisted has no liability if such an appointment is later cancelled by the Practitioner or if the Practitioner is not available for the appointment.

3.4.2 Search Results Not an Endorsement

The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Wholisted of any particular Practitioner. If you decide to engage with a Practitioner to seek services, you shall be doing so at your own risk.

3.4.3 No Liability For Practitioner Interactions

Without prejudice to the generality of the above, Wholisted is not involved in providing any healthcare, medical advice, diagnosis or treatment services.

You understand and agree that Wholisted shall not be liable for:

  1. Your interactions and associated issues with the Practitioner
  2. The ability or intent of the Practitioner(s), or the lack of it, in fulfilling their obligations towards you
  3. Any wrong advice, inappropriate treatment, or quality of service being provided by the Practitioner(s), or any negligence or misconduct on the part of the Practitioner(s)
  4. Inappropriate treatment, or any difficulties or inconvenience suffered due to failure on the part of the Practitioner to provide agreed Services
  5. Any misconduct or inappropriate behavior by the Practitioner or their staff
  6. Cancellation or no-show by the Practitioner, rescheduling of booked appointments, or any variation in fees charged
  7. Any outcome or result of the consultation or treatment provided by the Practitioner
  8. Any advice or recommendations given by the Practitioner

Wholisted acts purely as a booking and referral platform and does not guarantee the quality, competence, or conduct of any Practitioner.

3.4.4  User Feedback and Reviews

Users are allowed to provide feedback about their experiences with Practitioners on the Website. However, you must ensure that any feedback you submit is:

truthful, accurate, and based on your own genuine experience;

provided in compliance with all applicable laws and regulations;

not defamatory, obscene, offensive, or otherwise unlawful; and

not invasive of any Practitioner’s or other person’s privacy, confidentiality, or personal data rights.

You acknowledge that Wholisted does not endorse, verify, or guarantee the accuracy of any User feedback and that such feedback reflects the views of the individual User only. Wholisted shall not be obliged to act in any particular manner to give effect to the content of Users’ feedback (including any suggestions to delist or penalise a Practitioner), and all decisions regarding display, moderation, filtering, editing, or removal of feedback shall be made by Wholisted at its sole discretion.

3.4.5 Patient No-Show Policy

In the event of a “Patient No-Show (P.N.S)” (where a User does not show-up at the Practitioner’s location without prior cancellation or notification):

  1. The User’s account may be temporarily disabled from booking online appointments for a specified period upon three (3) confirmed no‑shows, at Wholisted’s sole discretion
  2. When a Practitioner informs Wholisted of a P.N.S. within five (5) days of the scheduled appointment, Wholisted will send an email and SMS (“P.N.S. Notice”) to the User confirming the incident and requesting reasons for the no‑show.
  3. The User shall have seven (7) days from receipt of the P.N.S. Notice to respond with legitimate reasons for not attending.
  4. Valid reasons (determined at Wholisted’s sole discretion) may include emergency illness, hospitalization, natural disasters, or other genuine unavoidable circumstances supported by reasonable evidence; reasons such as “forgot the appointment,” “preferred another Practitioner,” or “busy with other work” shall not qualify as valid.
  5. Wholisted assumes no liability whatsoever for any P.N.S. incidents, including any loss of business hours, revenue, or inconvenience suffered by Practitioners, or any consequences faced by Users due to account restrictions.

3.5 No Doctor-Patient/Practitioner-Patient Relationship; Not For Emergencies 

3.5.1 No Professional Relationship Created

The provision of any content, information, guidance, or suggestions on the Website does not create any licensed mental health professional/patient relationship, nutritionist/patient relationship, or similar professional relationship between Wholisted and you. Such information is provided solely to assist you in locating qualified Practitioners and does not constitute medical/health advice, diagnosis, treatment, or professional counseling of any kind.

3.5.2 Informational Purpose Only

All information from Wholisted, its employees, contractors, partners, sponsors, advertisers, or licensors (including Practitioner profiles, blogs, and health content) is for informational and educational purposes only. Wholisted makes no guarantees, representations, or warranties about Practitioner qualifications, quality of work, expertise, or any other information on the Website. Wholisted shall not be liable for any decision made or action taken by you in reliance on such information.

3.5.3 Not a Substitute for Emergency Care

The Services are not intended as a substitute for emergency healthcare or mental health crisis support. If facing a medical or mental health emergency (for yourself or others), immediately:

  1. Call local emergency services (ambulance/hospital) or dial 108 (India emergency number) or 112 (Emergency Response Support Systems;
  2. Contact a mental health crisis helpline (e.g., national helplines like 14416 )
  3. Seek in-person professional help, and do not rely on Wholisted for emergencies.

3.6 Blog Posts and Health Information

Blog posts and health information are for educational purposes only and do not constitute medical advice, professional mental health counseling, nutritional guidance, diagnosis, or treatment recommendations. You must verify all information with qualified Practitioners before acting and bear sole responsibility for health decisions. Wholisted assumes no liability for actions based on this content.

3.7 Online and In-Person Consultations

Wholisted only facilitates connections between Users and Practitioners for online/in-person consultations and is not a party to any consultation. Wholisted bears no responsibility for consultation quality, Practitioner conduct, advice/treatment provided, or outcomes. By engaging Practitioners via Wholisted, you do so at your own risk and must: evaluate qualifications, ensure safe modalities, and comply with applicable laws.

  1. TERMS OF USE APPLICABLE TO PRACTITIONERS

4.1 Information Collected and Displayed

Wholisted collects, directly or indirectly, and displays relevant information regarding your profile and practice, which may include:

  1. specialization and qualifications,
  2. educational background and certifications,
  3. photos of you and your place of practice,
  4. consultation fees,
  5. location and visiting hours,
  6. and availability for online and in‑person consultations.

Wholisted takes reasonable efforts to keep this information updated, but cannot be held liable for inaccuracies or omissions despite such efforts; accuracy and completeness remain your responsibility.

4.2 Profile Display and Management

Wholisted collects information regarding your professional profile, contact details, qualifications, specializations, and practice, and may at its discretion display, modify, or take down your profile, with or without notice. If any profile information is or becomes incorrect, you must promptly inform Wholisted so that corrections can be made, and you remain responsible for ensuring that all information in your profile is accurate and complete.

4.3 Verification of Credentials

By listing on Wholisted, you represent and warrant that you are duly registered and licensed to practice as a Practitioner/ Medical Practitioner, as per applicable rules, regulations and/or laws in India, that your listed qualifications and credentials are accurate and verifiable, that you hold all necessary licenses, are not suspended or prohibited from practice, and that you shall comply with all applicable professional and regulatory norms and requirements. You authorise Wholisted to verify your credentials with relevant professional bodies and authorities.

4.4 Relevance Algorithm and Search Ranking

Wholisted’s relevance algorithm is a proprietary, merit‑driven system designed to serve End‑Users’ best interests and may be adjusted periodically to improve search quality. Your ranking is determined by automated factors and may change at any time; Wholisted shall not be liable for any impact on your business due to algorithm changes.

Wholisted shall not be liable for any change in the relevance of Practitioners on search results, which may take place from time to time. The listing of Practitioners is based on automated computation of various factors including inputs from Users (comments and feedback). Such factors may change from time to time to improve the listing algorithm. Wholisted shall in no event be held responsible for the accuracy and relevancy of the listing order of Practitioners on the Website.

4.5 Content Moderation and Third-Party Sharing

Wholisted may moderate or remove abusive, inappropriate, or promotional content and may publish your profile or other content you provide on third‑party platforms for the purpose of promoting the Website and Wholisted’s ecosystem. Wholisted shall not be liable if inactive, inaccurate, fraudulent, or non‑existent profiles are added by third parties.

4.6 Call Recording

When End‑Users use Wholisted’s “call” options, calls may be routed through Wholisted’s service, recorded, stored on Wholisted’s servers, and preceded by an IVR message that informs callers of recording. Recordings may be accessed for quality control and support purposes, in line with the Privacy Policy, and the facility is intended only for consultations. If you do not consent to the recording, Wholisted may decline to provide related Services. Wholisted accepts no liability if the call facility is not used in accordance with the foregoing

4.7 Compliance with Law

You agree to use the Services in full compliance with applicable law and professional regulations, and acknowledge that any contravention is solely your responsibility, with Wholisted bearing no liability for such non‑compliance.

4.8 Profile Ownership, Editing Rights and IP

Wholisted provides tools for you to update your profile and may review, approve, reject, or modify requested changes at its discretion. You represent and warrant that you are legally entitled to upload all profile content, that it does not infringe third‑party rights (including intellectual property rights), and that all information is accurate and authorised for publication; if Wholisted becomes aware of any breach, it may edit or delete such content with or without notice. Any copyrightable content you upload forms part of the Wholisted ecosystem, and Wholisted retains rights to host, display, and manage this content as necessary for operation of the Website.

4.9 Review and Rating Management

All reviews and ratings are User-generated content; Wholisted acts only as an intermediary under the Information Technology Act, 2000 and does not endorse or control such content. Wholisted may collect feedback for all Practitioners but has no obligation to pre‑screen, review, or remove reviews except as required by law, and is not liable for any impact (including negative or critical content) on your practice, though it shall act in accordance with applicable law for removal of unlawful or invalid content. If Wholisted determines that you have provided inaccurate information or facilitated fraudulent reviews, it may immediately suspend your accounts and publish an appropriate declaration alongside your name or clinic name to protect its business and Users.

4.10 Independent Services and Sponsored Ads

Each Service you use confers rights and obligations only in respect of that Service and not any other Wholisted offering. Wholisted may display clearly labelled “Sponsored” advertisements and is not responsible for the accuracy of sponsored content or the services of sponsors, and does not encourage or guarantee any engagement with them.

4.11 Networking Opportunities

Certain Practitioner plans may include networking and collaboration features that allow you to connect with other professionals. Wholisted is not responsible for any interactions, arrangements, or disputes between Practitioners arising from such networking; you remain responsible for maintaining professional conduct and adhering to all ethical and regulatory requirements.

4.12 Practitioner Undertaking

You represent and warrant that you are duly qualified, licensed, registered, and legally permitted to practise and provide mental health, nutrition, wellness, counselling, or related professional services in India, and that you are not suspended, debarred, restricted, or otherwise prohibited from carrying out such practice. You further undertake to comply with all applicable laws, regulations, professional conduct requirements, ethical standards, and industry best practices at all times.

Without prejudice to the generality of the foregoing, you shall maintain the highest standards of professional care, integrity, and conduct and shall refrain from engaging in any unlawful, unethical, abusive, discriminatory, exploitative, inappropriate, or unprofessional behaviour, including but not limited to sexual harassment, sexual misconduct, inappropriate personal or romantic relationships with clients, bullying, intimidation, coercion, verbal abuse, discrimination, misrepresentation of qualifications, breach of patient confidentiality, conflicts of interest, or any conduct that may endanger, harm, exploit, or adversely affect any User.

4.13 Use in Marketing and Promotional Materials

In recognition of the Services, you agree (subject to reasonable prior review where requested) that Wholisted may reference you and the Services provided to you in its marketing, promotional, and advertising materials, including case studies, client lists, testimonials, interviews, and quotes, and may use your name, professional credentials, qualifications, and practice information for such purposes.

4.14 Blog Publishing and Content Creation

Wholisted’s blog platform enables you to publish health and wellness content in various formats. You must ensure that content is original or properly licensed, does not infringe intellectual property or other rights, is not misleading, harmful, harassing, obscene, defamatory, invasive of privacy, hateful, unlawful, or contrary to India’s sovereignty and integrity, and that it clearly distinguishes general information from personalised professional advice with appropriate disclaimers where necessary. You assign to Wholisted all intellectual property rights in such content and grant Wholisted a perpetual, worldwide right to host, display, edit, distribute, and otherwise use it for Wholisted’s business. Wholisted may edit, remove, or restrict access to content at any time if it considers it legally or professionally problematic and you agree to indemnify Wholisted against claims arising from your content, including IP claims and breaches of professional or legal standards

  1. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 Prohibited Content

As mandated by Regulation 3(1) of the IG Rules, Wholisted hereby informs Users & Practitioners that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which the User does not have any right
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful
  3. Harms minors in any way
  4. Infringes any patent, trademark, copyright or other proprietary rights
  5. Violates any law for the time being in force
  6. Deceives or misleads about the origin of messages or communicates information that is grossly offensive or menacing in nature
  7. Impersonates another person
  8. Contains software viruses or computer code designed to interrupt, destroy or limit functionality of any computer resource
  9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; or causes incitement to commission of any cognizable offence

5.2 Additional Prohibited Activities

Users are also prohibited from:

  1. Violating or attempting to violate the integrity or security of the Website or any Wholisted content
  2. Transmitting disruptive or competitive information on the Website
  3. Intentionally submitting incomplete, false or inaccurate information
  4. Making unsolicited communications to other Users
  5. Using automated systems (spiders, bots, AIs, avatars) to navigate or search the Website
  6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website
  7. Copying or duplicating any Wholisted content or information from the Website
  8. Framing, hot linking or deep linking any Wholisted content
  9. Circumventing or disabling any digital rights management or security features of the software which runs Wholisted.

5.3 Action Upon Non-Compliance

Upon obtaining knowledge (by itself or through written notification from an affected person) about information violating Clauses 5.1 and 5.2, Wholisted is entitled to:

  1. Disable such information immediately
  2. Preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes

5.4 Termination for Non-Compliance

Refer to Clause 6.

5.5 Information Transfer

Wholisted may disclose or transfer User Generated Content or other information shared by You, to its affiliates or governmental authorities in such manner as explicitly permitted by You or required by applicable law.

The SPI Rules and DPDP Rules permit Wholisted to transfer sensitive personal data/ personal data, only to entities in India or other countries that ensure the same level of data protection, only where such transfer is necessary for lawful contract performance or where You have provided explicit consent for the transfer of the same.

  1. TERMINATION

6.1 Grounds for Suspension or Termination

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

  1. Such User breaches any Terms of this Agreement
  2. A third party reports violation of its rights as a result of your use of the Services
  3. Wholisted is unable to verify or authenticate information provided by a User
  4. Wholisted has reasonable grounds for suspecting illegal, fraudulent or abusive activity by such User and non-compliance with applicable laws, rules, regulations
  5. Wholisted believes in its sole discretion that your actions may cause legal liability for you, other Users, or Wholisted, or are contrary to the Website’s interests

6.2 Consequences of Termination

Once temporarily suspended, indefinitely suspended or terminated:

  1. Immediately terminate your access and usage rights to the Website and Services
  2. Remove non-compliant information from the Website
  3. You may not continue to use the Website under the same account, a different account, or re-register under a new account
  4. You shall no longer have access to data, messages, files and material on the Website
  5. Practitioners: You are responsible for maintaining backup of any records and patient information to comply with professional record-keeping requirements
  6. Wholisted may, at its sole discretion, take-down, delist, deactivate, archive, anonymize, or permanently remove a Practitioner’s profile and related information from public view following termination or suspension;
  7. LIMITATION OF LIABILITY

7.1 General Limitation

To the fullest extent permitted by applicable law, you expressly agree that your use of, or inability to use, the Website and the Services is at your sole risk. The Website and all Services made available through it are provided on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, whether express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, durability, title, non‑infringement, or uninterrupted, timely, secure, or error‑free operation.

In no event, including but not limited to negligence, shall Wholisted or any of its directors, officers, partners, employees, agents, and/or content/service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, and/or for any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodshall, or wasted expenditure), arising from or directly or indirectly related to:

  1. your use of, or inability to use, the Website or any content, materials, or functions related thereto;
  2. the Services, including any bookings or interactions facilitated through the Website;
  3. your provision of information via the Website;
  4. any errors or omissions in any content; or
  5. any other matter relating to the Website or the Services, even if any Protected Entity has been advised of the possibility of such damages.

Wholisted does not guarantee, represent, or warrant that your use of the Website or the Services shall be uninterrupted, timely, secure, or error‑free, or that any results that may be obtained from the use of the Services shall be accurate or reliable. Wholisted may, from time to time and without prior notice, modify, suspend, or discontinue any part of the Website or the Services, subject to these Terms, and shall not be liable to you or to any third party for any such modification, suspension, or discontinuation.

7.2 Specific Non‑Liability

Without limiting the generality of the foregoing, the Protected Entities shall not be liable for:

  1. the provision of, or failure to provide, any service by Practitioners to End‑Users contacted or managed through the Website;
  2. any content, information, advice, recommendation, or other material posted, transmitted, exchanged, or received by any User, Practitioner, or third party on or through the Website, including blogs, reviews, feedback, or other User‑generated content;
  3. any viruses, malware, or other harmful components that may infect your device(s) or other equipment due to your access to, use of, or browsing of the Website, or your downloading of any material, data, text, images, video content, or audio content from the Website;
  4. the quality, competence, conduct, acts, omissions, or professional judgment of any Practitioner, including any advice, diagnosis, treatment, or services provided (or not provided) by such Practitioner;
  5. the outcome or result of any consultation or treatment, or any adverse health outcomes, complications, or side effects experienced by you;
  6. any breach of confidentiality, privacy, or data protection obligations by Practitioners or other Users;
  7. any allegations or findings of professional misconduct, negligence, or malpractice by Practitioners; or
  8. any loss or damage arising from any User‑generated content or products, including any reliance placed by you on such content or products.

7.3 Maximum Liability Cap

In no event shall the total aggregate liability of the Protected Entities to any User, for all damages, losses, and causes of action (whether in contract, tort, including negligence, strict liability, or otherwise) arising out of or in connection with these Terms or your use of the Website or the Services, exceed, in the aggregate, INR 1000/- (Rupees One Thousand Only). Where applicable law does not allow the exclusion or limitation of liability for certain types of damages, the liability of the Protected Entities shall be limited to the minimum extent permitted by such law.

This limitation and exclusion of liability applies notwithstanding any failure of essential purpose of any remedy and shall apply to the fullest extent permitted by law, regardless of the form or basis of the claim, and notwithstanding any other provision of these Terms.

8 COPYRIGHT AND TRADEMARKS

All content and software included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Wholisted, its Affiliates, or its content suppliers and is protected under applicable laws governing Intellectual Property Rights and Data Protection. Wholisted does not claim ownership of any digital assets uploaded by Users, but you grant Wholisted the rights necessary to host, display, and manage such content as part of the Services, per these Terms.

You may not systematically extract or re‑utilise parts of the Website’s contents without Wholisted’s express written consent. You may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) substantial parts of the Website for re‑utilization, create or publish databases featuring substantial portions (such as Practitioner profiles, pricing, or listings) of the Website, or otherwise reproduce or distribute content without Wholisted’s express written consent.

Wholisted, Wholisted.co.in, the logo “ ”, and other marks indicated on the Website are trademarks or registered trademarks of Wholisted and/or its Affiliates in India and/or other jurisdictions. Wholisted’s graphics, logos, page headers, button icons, scripts, and service names are its copyright, trademarks, and/or trade dress. Wholisted’s trademarks and trade dress may not be used in connection with any product or service that is not Wholisted’s, in any manner likely to cause confusion among Users or that disparages or discredits Wholisted or its Services.

  1. NO AGENCY, PARTNERSHIP OR JOINT VENTURE

No Agency, Partnership or Joint Venture has been created between the Parties to the Terms. No Party has any authority to bind the other to third parties.

  1. APPLICABLE LAW AND DISPUTE SETTLEMENT

These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Chandigarh, India. Any dispute, controversy, or claim arising out of or in relation to these Terms, the Services, or your use of the Website, including any question regarding their existence, validity, interpretation, breach, or termination (“Dispute”), shall be resolved as per applicable laws. Each party shall bear its own legal costs, including the legal fees.

11.CONTACT INFORMATION AND GRIEVANCE OFFICER

11.1 Customer Support

If you have any questions concerning Wholisted, the Website, this Agreement, or the Services, Wholisted customer support can be reached at:

Email: support@testwww.equartisadmin.com
Contact Page: https://testwww.equartisadmin.com/contact-us/

11.2 Grievance Officer

In accordance with the DPDP Act and DPDP Rules, Wholisted’s Grievance Officer can be reached at:

Name: Dr. Sabah Singh
Designation: Grievance Officer
Email: support@testwww.equartisadmin.com

Grievance redressal timeline: We aim to respond to all grievances within 5 (five) business days of receipt.

11.3 Scope of Grievance Redressal

You can contact the Grievance Officer regarding:

  1. Any discrepancies or grievances regarding Website or Services
  2. Processing of your personal data and other rights as mentioned under the DPDP Act, 2023.
  3. Any concerns about Practitioner conduct or service quality
  4. Any other matter regulated under the IG Rules

In the event you suffer as a result of access or usage of the Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

  1. SUBSCRIPTION PLANS, FEES AND BILLING

12.1 Subscription Plans

Wholisted offers different subscription plans for Practitioners. The features, benefits, and fees applicable to each plan are set out below. Wholisted reserves the right to modify, discontinue, replace, or introduce new plans, features, and pricing at any time upon providing reasonable notice to Practitioners.

12.2 BEGIN Plan (Free for First Month)

The BEGIN Plan is intended for individual professionals who are commencing their digital presence on the platform.

Features include:

  1. Creation of a professional profile;
  2. Listing in relevant Practitioner categories;
  3. Addition of qualifications, services, and contact details;
  4. Visibility to Users seeking holistic health, mental health, wellness, and nutrition services; and
  5. Access to basic profile management tools.

The BEGIN Plan is available free of charge for the first month only and is applicable solely to individual professionals. 

12.3 BUILD Plan (Monthly Subscription)

The BUILD Plan is designed for Practitioners seeking enhanced visibility and audience growth.

Subscription Fees:

  1. Individual Professional (India): INR 199 per month

Features include:

  1. All features available under the BEGIN Plan;
  2. Enhanced profile visibility;
  • Priority placement in search results;
  1. Ability to add expanded service details, photographs, and other media;
  2. Monthly profile insights and engagement tracking; and
  3. Increased reach to prospective clients and patients.

12.4 BOOST Plan (Annual Subscription)

The BOOST Plan is designed for Practitioners seeking long-term growth, premium visibility, and enhanced platform benefits.

Subscription Fees:

  1. Individual Professional (India): INR 1,999 per year

Features include:

  1. All features available under the BUILD Plan;
  2. Maximum profile exposure across the platform;
  3. Featured Professional badge;
  4. Priority customer support;
  5. Enhanced discoverability in search results and Practitioner categories;
  6. Early access to new Wholisted features, tools, and services; and
  7. Cost-effective annual subscription benefits.

12.5 Payment Terms

All subscription fees shall be payable in advance for the applicable billing period.

Applicable taxes, duties, levies, or governmental charges shall be charged in addition to the stated subscription fees where required by law.

Subscription fees are non-refundable except where expressly required under applicable law or otherwise agreed by Wholisted in writing.

Failure to make timely payment may result in suspension, downgrade, restriction, or termination of access to paid features and Services.

Wholisted reserves the right to revise subscription fees at any time. Any revised fees shall apply prospectively and shall be communicated to affected Practitioners before becoming effective.

12.6 Renewal and Cancellation

Monthly and annual subscriptions may automatically renew at the end of the applicable subscription period, when opted for automatic renewal options. Otherwise, monthly/annual renewals to be initiated by the Practitioner in accordance with the procedures specified by Wholisted.

Practitioners may cancel their subscription at any time; however, cancellation shall not entitle the Practitioner to any refund for the remaining portion of the subscription period unless otherwise required by law.

Upon cancellation or expiry of a paid subscription, the Practitioner’s account may revert to a limited-access version (for a period of 15 days) before discontinuation, subject to the features then offered by Wholisted.

12.7 Refund Policy

BY AVAILING OUR SERVICES, CONNECTING WITH PROFESSIONALS, PURCHASING SUBSCRIPTION PLANS, OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS REFUND POLICY, TERMS & CONDITIONS, PRIVACY POLICY, AND ANY OTHER APPLICABLE POLICIES IN FORCE FROM TIME TO TIME.

This Refund Policy constitutes a legally binding agreement between the User and Wholisted with respect to refunds, cancellations, subscriptions, and payments made through the Platform.

In the event of any inconsistency between this Refund Policy and the Terms & Conditions, the provisions of this Refund Policy shall prevail in matters relating to refunds, cancellations, and payment disputes.

Any capitalized terms used but not defined herein shall have the meaning assigned to them in the Terms & Conditions.

All purchases , subscriptions, connecting with professionals, and transactions made through the Platform in relation to the Services are non-refundable except as expressly provided in this Refund Policy or as required by applicable law.

12.7.1. Fees & Transactions

Wholisted operates as an online platform that enables Users to:

  • Connect with psychologists, psychiatrists, counsellors, and other healthcare professionals; and
  • Purchase subscription-based plans, and/or related platform services.

Wholisted acts only as a facilitator between Users and Practitioners, and/or other service providers unless expressly stated otherwise. The Practitioners and other service provider remain the sole liable party for the underlying consultation or professional service and any payment made to them.

12.7.2. Refund Criteria

As a standard policy, Wholisted does not provide refunds for concluded transactions. However, a User may initiate a refund request only for the following exceptional circumstances:

  • Duplicate transactions or accidental multiple payments for the same subscription;
  • Failed transactions where payment is deducted but the subscription is not confirmed;

Incorrect billing or charging due to a technical or system error

Refunds may be allowed exclusively on the aforementioned grounds. In such circumstances, the User may raise a refund claim within 7 (seven) days from the date of transaction. No claim shall be considered after expiry of the said period, except where otherwise required by applicable law.

Wholisted may deduct platform fees, payment gateway charges, transaction processing fees, handling charges, and other related administrative costs before processing any refund, where such refund is permitted.

To initiate a refund request, you must:

  • Email us at support@testwww.equartisadmin.com
  • Include your Order ID, registered email or mobile number, and a detailed reason for the request, along with supporting evidence or screenshots.

Refund requests shall be considered only under the exceptional circumstances mentioned above and will be processed at the sole discretion of Wholisted, subject to the review of the relevant Practitioner where applicable.

Approved refunds may be provided in the form of:

  • Monetary refund, full or partial;
  • Discount vouchers;
  • Extended subscription benefits.

Where applicable, GST and other taxes shall be refunded proportionately in accordance with applicable tax laws, subject to issuance of appropriate credit documentation.

12.7.3. Subscription Plans & Memberships

  1. Subscription plans, memberships, and platform packages may be auto-renewable unless cancelled before renewal.
  2. Users may cancel subscriptions through their account settings before the renewal date.
  3. Cancellation during an active subscription term shall not entitle the User to a refund for the unused period unless required by applicable law.
  4. Trial plans, promotional memberships, discounted packages, or complimentary services are non-refundable.

12.7.4. Miscellaneous

Wholisted may update this Refund Policy from time to time. Changes will be posted on the Platform with a revised effective date. Frivolous and/or abusive refund disputes may lead to account suspension or restriction of access to the Platform.

 

12.8 Modification of Features

Wholisted may add, remove, modify, enhance, or discontinue any feature associated with any subscription plan at its sole discretion, prospectively. Such changes shall not constitute a breach of these Terms, provided that Wholisted continues to provide substantially similar Services under the applicable subscription plan or provides reasonable notice of material changes.

12.9 Promotional Offers

Wholisted may, at its sole discretion, offer promotional pricing, free trials, discounts, credits, referral benefits, or other incentives from time to time. Such promotional offers may be subject to separate terms and may be withdrawn, modified, or discontinued without liability.

  1. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement.

The remainder of the Agreement shall be interpreted as if such provision were excluded and shall be enforceable in accordance with its terms; provided that the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court or arbitral tribunal.

  1. WAIVER

No Term of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Wholisted.

Any consent by Wholisted to, or a waiver by Wholisted of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

If any Term is still breached, and we take no action, we shall still be entitled to use our rights and remedies in any other situation where You have breached the Terms.

  1. EVENTS BEYOND OUR REASONABLE CONTROL

Wholisted shall not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This Term does not affect your statutory rights.

16x. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy and any other policies referenced herein, constitutes the entire legal agreement between you and Wholisted regarding your use of the Website and Services, and supersedes all prior negotiations, representations, and agreements, whether written or oral.