1.1. "Wellnessta" means Wellnessta Private Limited, a corporation organised under the Companies Act; authorised to carry on business in India for 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.
1.2. “Wellnessta Platform” (which includes any of Wellnessta’s websites and mobile applications.
1.3. Third Party Merchants (“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 center, or a wellness service provider such as a Salon, Spa, Ayurvedic Massage, Meditation, Yoga, Gym, Fitness and/ or a Naturopathy Center etc.
Wellnessta TPM Referral Program (“The Program”) allows a TPM to earn Referral Benefits and Discounts (“Benefits and Discounts”) to use in conjunction with Wellnessta Services, and may also get you additional rewards. Wellnessta reserves the right to terminate the Program at any time for any reason.
These terms and Conditions ("Terms") apply to a TPM’s participation in the Program. By participating in the Program, TPMs agree to use the Program as outlined herein, and consistent with any other terms, Wellnessta may apply to the Program. If the TPM do not agree to these Terms in their entirety, then it cannot register and participate in the Program.
2.1. The Program is valid for referrals made before 31st May 2021 (“Referral Date”). All the referrals are valid for Ninety (90) days from the time the first referral invite was sent.
2.2. Referred Customers should apply within Ninety (90) days from received at the time of referral to be eligible for the Program. Applications received post Ninety (90) days shall not be considered for referral benefit under the Program.
3.1. This Program is void where such referral programs are prohibited. The TPM who refer others to the program are "Referrers"; those who are referred are "Referred".
3.2. Referrers are may be eligible to receive Benefits and Discounts for every qualified referral. Referrers must be:
3.2.1. The Referrer shall submit details of the Referred using the referral form available on Wellnessta Platform provided in the Referral Program section;
3.2.2. The Referrer has the required authority and permission to provide such Referred's name, e-mail address and contact information to Wellnessta;
3.2.3. The Referred purchases a paid subscription plan from Wellnessta within 90 days of the date on which Wellnessta has received the duly filled up referral form for such Referred by the Referrer.
A Referrer shall not be eligible to receive the Benefits and Discounts in case of the following:
4.1. The Referred, referred by the Referrer or the entity with which such Referred is engaged has previously done business with Wellnessta or is already a Wellnessta registered TPM;
4.2. The Referred, referred by the Referrer or the entity with which such Referred is engaged has been referred to Wellnessta in past from any other source irrespective of whether the Referred joined Wellnessta that time or not;
4.3. The Referrer referred any persons using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums;
4.4. The Referrer uses false names, impersonate other people, or otherwise provide false or misleading information to Wellnessta;
4.5. The Referrer undertakes any activities in relation to this Program which are not in accordance with applicable law.
5. REDEMPTION AND DISCOUNTS
5.1. Benefits and Discounts shall be made within thirty (30) days of the Referred opting for paid subscription from Wellnessta Platform.
5.2 Benefits and Discounts can be redeemed on Wellnessta Platform on all eligible product, subject to the terms and conditions mentioned herein.
5.3. No cash or other alternatives shall be available in whole or in part, in relation to the Benefits and Discounts under this Program.
5.4. The Benefits and Discounts cannot be converted to cash or in any other form.
Benefits and Discounts in any account do not constitute any property of the account holder and are not transferable by operation of law or otherwise to any other person or entity and cannot be transferred to, or combined with, any other account.
Wellnessta vendor referrals are valid for ninety (90) days from the date on which Wellnessta receives the duly filled up referral form from you. For you to be eligible to receive the Referral Benefits and Discounts under this Program, referred must close their purchase within such ninety (90) day’s time period. Once the referral is accepted, it will be tied to the referred in our system for ninety (90) days. For further information, please refer Reward Points Terms & Conditions.
8. RELEASING FROM LIABILITIES
8.1. The Referrer and the Referred are not bound in any manner to participate in this Program. This Program is being made purely on a "best effort" basis and participating in this Program is voluntary. By participating in this Program, it is agreed that Wellnessta or its affiliates will not be liable in any manner whatsoever, for any matter in relation to the Program, including provision of benefits hereunder.
8.2. By redeeming Benefits and Discounts, the TPM releases Wellnessta, its affiliates, subsidiaries, parent or group companies from any and all liabilities to the TPM or any guests of the TPM regarding the redemption or use of any Benefits and Discounts, or other participation in the Program.
8.3. Wellnessta does not make any warranties, express or implied, with respect to Benefits and Discounts, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
10. RESERVATIONS OF RIGHTS
Wellnessta reserves the right to modify or amend at any time these Terms and the methods through which Credit are earned. Wellnessta reserves the right to disqualify any TPM at any time from participation in the Program if he/she does not comply with any of these Terms. Wellnessta failure to enforce any term of these Terms shall not constitute a waiver of that provision.
11. INTELLECTUAL PROPERTY RIGHTS
Members hereby agree, declare and confirm that the goodwill, trademark, design, logo, website, webpage and all intellectual property and other rights in the Trade Name / Trade Description / Mark/s belong and shall continue to belong absolutely to and vest and shall continue to vest absolutely in Wellnessta and the Members shall not have or claim and shall not at any time in future have or claim any right, title or interest therein.
12. 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 Program 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.
13. GOVERNING LAWS AND JURISDICTION
These Terms and Conditions are 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.