TERMS AND CONDITIONS
Welcome to the Wellnessta website and mobile properties located at www.wellnessta.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets, ads and online & offline services offered by us (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Wellnessta websites and mobile properties shall hereinafter be referred to herein as “Wellnessta Platform”). The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorised to use the Services. If you have a Wellnessta account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services (a description of how to do so is available in FAQs section).
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. “Wellnessta” refer to Wellnessta Private Limited, a corporation organised under the Companies Act; authorised to carry on business in India to carry on the business of providing all types of e-commerce services including providing cloud software, buying and selling of solutions and options and related consultancy services either directly or indirectly or through brokers or licensees and also providing franchising and management services, publishing content online, print or any medium in India or outside India either singly or jointly or in Partnership with any person(s) or Body corporate or partnership Firm. Wellnessta ("Wellnessta," "we," "our," "us") is an online service that provides users ("you") with recommendations for Salon, Beauty Parlour, Gym & Fitness, Spa, Ayurveda Massage, Yoga, Naturopathy, Meditation Centers, Wellness Packages, and lots more. Wellnessta Platform, and related applications are part of the Wellnessta®, which is owned and operated by Wellnessta Private Limited as defined above refers to those provided by Wellnessta or our corporate affiliates (Wellnessta and such entities, when one or more are referred to, shall be collectively defined as the “Wellnessta Companies”). For the avoidance of doubt, Wellnessta Platform is all owned and controlled by Wellnessta. However, some specific Services made available via the Wellnessta Platform may be owned and controlled by Wellnessta’s corporate affiliates, for example Services facilitating the booking of Beauty Parlour, Salon and Gym & Fitness, Spa, Yoga, Meditation, Ayurvedic Therapy, Naturopathy, Wellness centres and wellness travel experiences etc. with Third Party Merchants (“TPM”). TPM includes affiliates of Wellnessta and Service Providers which are enabled to list goods or provide services through Wellnessta Platform to Wellnessta Members and also includes owners/ authorized person of an outlet, a wellness centre, or a wellness service provider such as a Beauty Parlour, Salon, Gym & Fitness , Spa, Ayurvedic Massage, Meditation, Yoga and/ or a Naturopathy Centre etc.
The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/ or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”
The Services are provided solely to:
- Assist customers in gathering information, posting Content and searching for Beauty Parlour, Salon, Gym & Fitness, Spa, Massage, Naturopathy, Meditation, Yoga, Wellness Services and booking services; and
- Assist personal grooming, wellness, travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through Wellnessta Companies and/ or it’s affiliates.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our Wellnessta Platform. Be sure to return to this page periodically to review the most current version of this Agreement.
1. USE OF SERVICES
1.1. As a condition of your use of the Services, you warrant that:
1.1.1. all information supplied by via the Services to Wellnessta Companies is true, accurate, current, and complete;
1.1.2. if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you;
1.1.3. you are 18 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our Wellnessta Platform; and
1.1.4. you possess the legal authority to enter into this Agreement and to use the Services, including our Wellnessta Platform in accordance with all terms and conditions herein. Wellnessta Companies do not knowingly collect the information of anyone under the age of 18.
1.2. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from TPM sites, you understand that you are solely responsible for any information that you share with Wellnessta Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
1.3. Copying, transmission, reproduction, replication, posting or redistribution of:
1.3.1. Content or any portion thereof and/or
1.3.2. the Services more generally is strictly prohibited without the prior written permission of Wellnessta Companies. To request permission, please write email mentioning “Partnership Request” in subject line at email address: firstname.lastname@example.org.
1.4. In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
1.5. If you are creating a Wellnessta account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.
1.6. Through your use of the Services you may encounter links to TPM sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such TPM sites and apps. Please be aware that TPM sites and apps may publicly display such shared Content. Such TPM may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any TPM to determine whether a charge will be incurred. Where Wellnessta Companies provide details of fees or charges for such TPM content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Wellnessta, , is in no way responsible or liable for any such TPM sites or apps.
1.7. Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Wellnessta Companies may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
1.8. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the accommodation as has been displayed on the Wellnessta Platform.
2. ADDITIONAL PRODUCTS
2.1. Wellnessta Companies may, from time to time, decide to change, update or discontinue certain features of the Services. You agree and understand that Wellnessta Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
2.2. We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.
3. PROHIBITED ACTIVITIES
3.1. The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Wellnessta Companies or licensed to Wellnessta Companies by third parties.
3.2. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
3.2.1. use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the Wellnessta Companies;
3.2.2. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
3.2.3. violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services
3.2.4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
3.2.5. deep-link to any portion of the Services for any purpose without our express written permission;
3.2.6. "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
3.2.7. attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by the Wellnessta Companies in connection with the Services;
3.2.8. circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
3.2.9. download any Content unless it’s expressly made available for download by the Wellnessta Companies.
5. REVIEWS, RATTING, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT
5.1. By providing your Content to or through the Services, be it via email, posting via any Wellnessta synchronization product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Wellnessta account by virtue of any Wellnessta product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant Wellnessta a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
5.1.1. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
5.1.2. make your Content available to the rest of the world and to let others do the same;
5.1.4. use the name and/or trademark that you submit in connection with such Content of yours.
5.2. You acknowledge that Wellnessta may choose to provide attribution of your Content at our discretion. You further grant Wellnessta the right to pursue at law any person or entity that violates your or Wellnessta rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Wellnessta Companies to publish and otherwise use) your Content as authorized under this Agreement.
5.3. If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law:
5.3.1. you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
5.3.2. you have no objection to the publication, use, modification, deletion and exploitation of your Content by Wellnessta or their licensees, successors and assigns;
5.3.3. you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and
5.3.4. you forever release Wellnessta, Wellnessta Private Limited and their licensees, successors and assigns, from any claims that you could otherwise assert against the Wellnessta Companies by virtue of any such moral rights.
5.4. Any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
5.5. The Services may contain discussion forums, bulletin boards, review services, Blog feeds, or other forums in which you may post your Content, such as reviews of your experiences, messages, materials or other items ("Interactive Areas"). If Wellnessta provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk.
5.6. The Wellnessta Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of the Wellnessta Companies provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services.
5.7. You understand that the Wellnessta Companies do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Wellnessta does not edit or control users’ Content that appears on the websites.
5.8. The Wellnessta Companies nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Wellnessta Companies and/or other users of the Services.
5.9. Should you disagree with the removal of your Content from the Wellnessta Platform, you may contact Wellnessta using the Help Centre to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Wellnessta’s published guidelines, as are in force at the time of submission and made available to you by Wellnessta. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
5.9.1. Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
5.9.2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.9.3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the Indian Securities and Exchange Commission or any rules of any securities exchange, including but not limited to, the National Stock Exchange (NSE) or the Bombay Stock Exchange (BSE);
5.9.4. Provides instructional information about illegal activities such as making or buying illegal weapons, sex trade, violating someone’s privacy or providing or creating computer viruses;
5.9.5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
5.9.6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
5.9.7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Wellnessta Companies;
5.9.8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Voter ID Number, Aadhar Number, Insurance Policy numbers and credit card numbers etc. Note that an individual’s first name and surname (family name) may be posted to the Wellnessta Platform;
5.9.9. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
5.9.10. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
5.9.11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
5.9.12. In the sole judgment of Wellnessta,
22.214.171.124. violates the previous subsections herein,
126.96.36.199. violates Wellnessta’s related guidelines as made available to you by Wellnessta,
188.8.131.52. is objectionable,
184.108.40.206. restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or
220.127.116.11. may expose any of the Wellnessta Companies or their users to any harm or liability of any type.
5.10. The Wellnessta Companies take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the Wellnessta Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Wellnessta is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Wellnessta has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Wellnessta reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
5.11. Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
6. BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH WELLNESSTA
6.1. Use of Wellnessta Booking Services.
The Wellnessta Private Limited offer you the ability to search for, select, and book appointments with third party Beauty Parlour, Salon, Gym & Fitness, Spa, Ayurvedic centres, Naturopathy centres, Yoga or Meditation centres etc. using our online portal Wellnessta.com. By booking you appointment via the Wellnessta Platform, you will become an Account Holder if you are not one already.
6.3. You further agree that you will use the ‘Wellnessta’s booking facilitation services only to make legitimate booking for you or others for whom you are legally authorised to act. Any false or fraudulent booking is prohibited, and any user who attempts such a booking may have his or her account terminated.
6.4. As a user of the services, including ‘Wellnessta’s booking facilitation services, you understand and agree that:
6.4.1. the Wellnessta Companies will not have any liability to you or others for any unauthorized transactions made using your password or account; and
6.4.2. the unauthorized use of your password or account could cause you to incur liability to Wellnessta, its corporate affiliates, and/or others.
6.6. The process of booking Services from this Wellnessta Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/ access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
6.7. In a credit card, debit card, UPI, Net-Banking or Wallet transaction; you must use your own credit card, debit card, UPI, Net-Banking or Wallet for which User has full right & authority to validly use such Credit Card, debit card, UPI, Net-Banking or Wallet for making payment to Wellnessta. Wellnessta shall not be liable for any credit card, debit card, UPI, Net-Banking or Wallet fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User. User making payments for Services provided via the Wellnessta Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.
6.8. The User agrees, acknowledges and confirms that before placing any order on the Wellnessta Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Wellnessta Platform.
6.9. Wellnessta will not interfere with bookings arbitrarily but reserve the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. Wellnessta Companies also reserve the right to take steps to verify your identity to process your booking request.
6.10. In the unlikely event that a booking is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact us to make alternative arrangements or to cancel your reservation. The information, materials, Services available on the Wellnessta may inadvertently include inaccuracies, typographical errors, or outdated information, Wellnessta is not responsible for and shall not be bound to honor typographical or pricing errors on the Wellnessta Platform.
7. ABOUT TPM
7.1. Wellnessta is not Beauty Parlour, Salon, Gym & Fitness ,Spa, Yoga, Meditation Centre, Neurotherapy Centre or Wellness Service Centre etc. owners, vendors and do not provide or own any of services, massage or wellness activities or experiences offered on Wellnessta Platform. Although Wellnessta displays information about properties owned by TPM and facilitate bookings with certain suppliers on or through the Wellnessta Platform, such actions do not in any way imply, suggest or constitute the Wellnessta sponsorship or approval of TPM, or any affiliation between the Wellnessta Companies and TPM.
7.2. Although Account Holders may rate and review particular services experiences based on their own experiences, the Wellnessta do not endorse or recommend the products or services of any third-party suppliers, save that Wellnessta does issue certain businesses awards that are based on the reviews posted by Account Holders.
7.3. The Wellnessta Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and the Wellnessta Companies expressly disclaim any and all liability in connection with such Content. You agree that the Wellnessta Companies are not responsible for the accuracy or completeness of information they obtain from TPM and display on the Services.
7.4. Wellnessta shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Wellnessta Affiliate’s act’s or omissions that relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith.
7.6. The Services may link you to service provider’s websites or other websites that Wellnessta does not operate or control. For further information, please refer to the “Links to Third-Party Sites.”
8. NO WARRANTY
8.1. By using the Wellnessta Platform you hereby acknowledge and agree that Wellnessta is not Beauty Parlour, Salon, Gym & Fitness, Spa, Yoga, Meditation Centre, Neurotherapy Centre, Ayurvedic Centre or wellness service provider etc. and do not provide or own any of services, massage or wellness activities or experiences offered in Wellnessta website and has no control over the conduct or behaviour of the management of any Wellnessta Affiliate’s property or the quality, fitness or the suitability of the services provided by TPM offering services. Wellnessta disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings.
8.2. Wellnessta and its employees shall NOT be responsible for any loss, theft or damage to the user personal valuables and belongings.
8.3. The Services are provided by Wellnessta on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
8.4 . Without limiting the foregoing, Wellnessta makes no warranty that:
8.4.1. Wellnessta or the Services will meet your requirements or your use of the Wellnessta or will be uninterrupted, timely, secure or error-free;
8.4.2. the results that may be obtained from the use of the Wellnessta, or Services will be effective, accurate or reliable;
8.4.3. the quality of the Wellnessta, or Services will meet your expectations; or that
8.5. Wellnessta shall have no liability to the User for any interruption or delay, to access the Wellnessta irrespective of the cause.
9.1. When you use the Wellnessta, you agree and understand that you are communicating with Wellnessta through electronic records and you consent to receive communications via mobile, telephone or any electronic records from Wellnessta or TPM periodically and as and when required.
9.2 Wellnessta or TPM may communicate with you by email, telephone SMS, WhatsApp Messages or by such other mode of communication, electronic or otherwise. You specifically agree that Wellnessta or TPM shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Wellnessta will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure.
9.3. By using Wellnessta, you agree that Wellnessta shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, you agree that Wellnessta shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you access Wellnessta. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
10. LIABILITY DISCLAIMER
10.1. Please read this section carefully. This section limits the Wellnessta, Wellnessta Private Limited the liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in this Agreement, please consult a lawyer for clarification before accessing or using the services.
10.2. The information, Software, products and services published on Wellnessta or otherwise provided via the Services may include inaccuracies or errors, including booking availability and pricing errors.
10.3. Wellnessta Companies do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the products or service description, service provider description, availability and pricing error or any other wellness products displayed on the services (including, without limitation, the pricing, availability, photographs, list of service providers, experience, or other wellness product amenities, general product descriptions, reviews and ratings, etc.).
10.4. In addition, the Wellnessta Companies expressly reserve the right to correct any availability and pricing errors on the services and/or on pending reservations made under an incorrect price.
10.5. Wellnessta makes no representations of any kind about the suitability of the services, including the information contained on the Wellnessta Platform or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its websites or otherwise through the services does not constitute any endorsement or recommendation of such products or service offerings by Wellnessta, notwithstanding any awards distributed based on user reviews. all such information, software, products and service offerings made available by or through the services are provided "as is" without warranty of any kind. Wellnessta disclaims all warranties, conditions or other terms of any kind that the services, its servers or any data (including email) sent from Wellnessta, are free of viruses or other harmful components to the maximum extent permitted under applicable law. Wellnessta hereby disclaims all warranties and conditions with regard to this information, software, products and the services, including all implied warranties and conditions or terms of any kind as to of merchantability, fitness for a particular purpose, title, quiet possession and non-infringement.
10.6. Wellnessta Companies also expressly disclaim any warranty, representation or other term of any kind as to the accuracy or proprietary character of the Content available by and through the Services.
10.7. The TPMs provider’s providing information, Beauty Parlour, Salon, Gym & Fitness, Spa, Meditation, Yoga, Naturopathy, wellness or other services on or through the services are independent contractors and not agents or employees of the Wellnessta Companies.
10.8. Wellnessta Companies are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
10.9. Wellnessta has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
10.10. Subject to the foregoing, you use the services at your own risk and in no event shall the Wellnessta Companies (or their officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services); any viruses, bugs, trojan horses, information, software, linked sites, products and services obtained through the services (including, but not limited to any Wellnessta companies’ synchronisation product); personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any 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; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability or otherwise, and even if Wellnessta or its corporate affiliates has been advised of the possibility of such damages.
10.11. If the Wellnessta Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Wellnessta Companies’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Wellnessta Companies for the transaction(s) on or through the Services giving rise to the claim, or (b) Indian Rupees Ten-Thousand (INR 10,000.00).
10.12. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Wellnessta Companies.
10.13. These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law, for example under consumer protection laws in place in certain countries.
10.14. If the law of the country where you live does not allow any particular limitation or exclusion of liability provided for in this clause, that limitation will not apply. The liability disclaimer will otherwise apply to the maximum extent allowed by your local law.
You agree to defend and indemnify the Wellnessta Companies and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of the Services, including the Wellnessta Platform.
12. LINKS TO TPM SITES
12.1. The Services may contain hyperlinks to websites operated by parties other than the Wellnessta Companies. Such hyperlinks are provided for your reference only.
12.2. Wellnessta Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
12.3. Wellnessta Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such TPM websites or apps or any association with their operators.
12.4. In some cases, you may be asked by a TPM website or app to link your Wellnessta account profile to a profile on another TPM. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site or app) at any time.
12.5. If you do choose to link your Wellnessta account to a TPM website or app, the TPM website or app will be able to access the information you have stored on your Wellnessta account, including information regarding other users with whom you share information.
13. SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES
13.1. Software from the Services is further subject to India export controls. No software from the Services may be downloaded or otherwise exported or re-exported:
13.1.1. Into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which India has embargoed goods, or
13.1.2. to anyone on India. Treasury Department list of Specially Designated Nationals. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13.2. As noted above, the Services include software, which at times may be referred to as “apps”. Any software that is made available to download from the Services ("Software") is the copyrighted work of Wellnessta or other party as identified.
13.3. Your use of such Software is governed by the terms of the end user licence agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any Software made available for download by way of the Services and which is not accompanied by a licence agreement, we hereby grant to you, the user, a limited, personal, non-transferable licence to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.
13.4. Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Wellnessta, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
13.5. Portions of Wellnessta mobile software may use copyrighted material, the use of which Wellnessta acknowledges. In addition, there are specific terms that apply to use of certain Wellnessta mobile applications. Please visit the Mobile Licences page for notices specific to Wellnessta mobile applications.
13.6. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement or this agreement (as applicable).
14. COPYRIGHT AND TRADEMARK NOTICES
14.1. Wellnessta, the logo, the star ratings and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Wellnessta Private Limited and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wellnessta or the applicable trademark holder.
14.2. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Wellnessta and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wellnessta.
14.3. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Wellnessta.
14.4. All rights reserved. Wellnessta is not responsible for content on websites operated by parties other than Wellnessta.
15. NOTICE AND TAKE-DOWN POLICY FOR ILLEGAL CONTENT
15.1. Wellnessta operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure as stated below:
15.2. Before you act, please ensure:
“Statements that are true or that reflect an honest opinion (e.g. negative review) are not usually themselves a basis for defamation. You should carefully consider the facts before you make a claim (and take legal advice if in doubt), as a false claim may expose you to liability.
Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
If you wish to notify Wellnessta of an allegedly defamatory statement contained on this website please complete the ‘Notice to Wellnessta of Defamatory or Intellectual Property Infringement of Rights Content’ as below and send a signed and dated copy to:
Wellnessta Private Limited
101, 1st Floor, Plot 37, Kshamalaya,
New Marine Lines,
Mumbai - 400020. Maharashtra.
Attn: Content Notice Department
You must also include a postal address, your daytime telephone number and an e-mail address so that Wellnessta may respond to the Notice.”
Format of Notice to report such instant is as below:
Notice to Wellnessta of Defamatory or Intellectual Property Infringement of Rights Content:
I [state your full name] of [state your postal address, daytime telephone number and email address], say as follows:
i) I refer to the website [please insert the relevant Wellnessta website (e.g. www.Wellnessta.com)] (the “Website”) and now give notice to Wellnessta that via its Website it is causing or contributing to the publication of a defamatory statement/ Intellectual Property Infringement of Rights [please strike out which isn’t relevant].
ii) The relevant statement appears on the Website at [please cut and paste the posting in which the relevant statement appears and the address of the relevant web page from the Website where the defamatory words or Intellectual Property Infringement of Rights content [please strike out which isn’t relevant] appear].
iii) The words I consider to be defamatory or Intellectual Property Infringement of Rights [please strike out which isn’t relevant] are: [please repeat the exact words appearing on the Website which you are complaining about].
iv) I submit that these words are defamatory or Infringes the Intellectual Property Rights [please strike out which isn’t relevant] because [please state why you consider these words to be defamatory or infringes the intellectual property rights].
v) The defamatory words or the intellectual property rights [please strike out which isn’t relevant] are untrue because [please state why the words complained of are untrue and what you believe the true position is].
vi) [If the person making the statement is acting on behalf of the claimant, please include the following statement: I am authorised to act on behalf of the claimant. The [person/entity] claiming that words are defamatory is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant]].
I declare that the above claim to be true and understand that this notice may be used in any subsequent court proceedings relating to the above defamation complaint.
15.3. Once this procedure has been followed, Wellnessta will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
16. MODIFICATIONS TO THE SERVICES; TERMINATION
16.1. Wellnessta may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
16.2. Wellnessta Companies may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. The Wellnessta Companies may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where Wellnessta and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Wellnessta and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
16.3. Your continued use of the services now, or following the posting of any such notice of any changes, will indicate acceptance by you of such modifications.
16.4. Wellnessta may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of the Wellnessta Companies and/or others users of the Services. That means that we may stop providing you with Services.
17. DISPUTE RESOLUTION AND ARBITRATION
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. All disputes arising out of this shall be referred to arbitration under Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be referred to a sole arbitrator who is on the panel of the Indian Merchant Chamber. The venue of Arbitration will be Mumbai and the language of the proceedings shall be English.
18. GOVERNING LAWS AND JURISDICTION
This Agreement is governed by and is to be construed in accordance with the laws of the Republic of India. The Courts in Mumbai shall have exclusive jurisdiction.
19. GENERAL PROVISIONS
19.1. We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
19.2. You agree that no joint venture, agency, partnership or employment relationship exists between you and Wellnessta and/or its corporate affiliates as a result of this Agreement or use of the Services.
19.3. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
19.4. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
19.5. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
19.6. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Wellnessta with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wellnessta with respect to the Services.
10.7. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. SERVICE HELP
20.1. For answers to your questions or ways to contact us, visit our Customer Support. Or, you can write to us at email address: email@example.com
20.2. The following sections shall survive any termination of this Agreement:
20.2.1. Prohibited Activity Clause of this terms and condition
20.2.2. Reviews, Ratting, Comments and Use of Other Interactive Areas; Licence Grant clause of this Terms and Condition.
20.2.3. Liability Disclaimers Clauses of this terms and conditions.
20.2.4. Indemnification Clause of these terms and conditions
20.2.5. Software as Part of Service, Additional Mobile Licence clause of this terms and condition
20.2.6. Copy Right and Trademark Clause of this terms and condition
20.2.7. Notice to Take Down Policy for illegal Content of this terms and condition
20.2.8. Modification to Services; Termination clause of this Terms and Condition
20.2.9. Jurisdiction and Governing Law clause of this Terms and Condition
20.2.10. General Provisions of this Terms and Condition clause of this terms and condition
20.3. The terms and conditions of this Agreement are available in the language of the Wellnessta websites and/or apps on which Services may be accessed.
20.4. The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.
20.5. Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event.
20.6. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Wellnessta’s corporate affiliates shall be deemed express third-party beneficiaries of this Agreement.
20.7. You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.
20.8. Any rights not expressly granted herein are reserved.
20.9. Please note that Wellnessta Private Limited does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address above. For the avoidance of doubt and without limitation, we, therefore, do not accept notices or legal service deposited upon any of our affiliates or subsidiaries.
©2020 Wellnessta Private Limited. All rights reserved.