"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.
1.1. “Wellnessta Platform” (which includes any of Wellnessta’s websites and mobile applications.
1.2. Third Party Merchants (“TPM”) includes affiliates of Wellnessta and Service Providers which are enabled to list goods or provide services through Wellnessta Platform.
These terms and Conditions ("Terms") apply to participation by TPM to access Wellnessta services, which help TPM to provide Wellnessta Verified Badges/ Tag (defined below) by Wellnessta or on Wellnessta Platform outlined herein. Wellnessta has sole and absolute discretion with respect to interpretation and enforcement of these Terms and all other issues associated with Wellnessta Verified Badges/ Tags on the Wellnessta Platform. Wellnessta may change these Terms at any time in its sole discretion by posting revised Terms as may be applicable without providing prior notice or intimation.
2. VERIFIED BADGE/ TAG
2.1. A Wellnessta Verified Badge/ Tag (“Verified Badge”) is a check that appears next to an account's name in search and on the profile. It means Wellnessta has confirmed that an account is the authentic presence of the brand it represents.
2.2. Wellnessta may, in its sole discretion, label any Verified Badge as "Verified", "Wellnessta Verified," or similar designation.
3. REQUIREMENTS FOR VERIFIED BADGE
3.1. Wellnessta considers a number of factors when evaluating accounts to determine if they're in the public interest and meet the verification criteria.
3.2.1. Authentic: the account must represent a real person, registered business or entity.
3.2.2. Parameters: It must fulfil audit parameters of Hygiene, Customer Experience & Amenities.
3.2.3. Complete: the account must be public and have a bio, profile photo and at least one details about the business / service provided.
3.3. Providing any false or misleading information during the verification process, Wellnessta shall remove the Verified Badge and may take additional action to delete the account.
3.4. Upon receipt of a request for Verified Badge, the TPM shall receive an email detailing the process audit which it needs to pass to obtain the Verified Badge for its outlet.
3.5. If the request for Verified Badge has been denied/ declined due to failure to comply with the audit criteria in given time and achieve minimum desired audit score, the TPM can apply for a new request after two (2) months.
In addition to the following please refer to Wellnessta Terms & Conditions.
4.1. A third-party audit agency (“Audit Agency”) looks after the audit and verification process that will be carried out at the TPM’s outlet. The Audit Agency personnel may visit the TPM’s outlet without disclosing their identity as a “Ghost Shopper” to check authenticity. Or, Audit Agency personnel can visit unannounced to inspect the outlet for surprise check and audit.
4.2. Verified Badge will only be granted once the audit has been successfully completed and the Audit Report has been generated in favour of granting the badge. If the audit scores match Wellnessta’s quality standards only then at the discretion of the audit team the Verified Badge shall be granted to the TPM’s outlet. Wellnessta shall not be responsible for the granting the Verified Badge, the Audit Agency is solely responsible for the same.
4.3. If the outlet fails to meet the audit parameters in the first audit inspection and the Verified Badge is denied, a suggestion report on the areas of improvement shall be provided and the TPM shall be given a second chance to comply with audit standards within a period of three (3) months from the date of the decline of the Verified Badge. On comply confirmation within three (3) months from TPM, Audit Agency will again conduct the audit second time.
4.4. Failure to meet the criteria of the Audit Agency post the second audit, the applicable fee will not be refunded.
4.5. If TPM fails to comply with Audit Agency suggestion report within three (3) month, the applicable fee will not be refunded.
4.6. The Verified Badge shall be granted for a period of one (1) year from the date of acceptance only if the audit at the outlet is successful.
4.7. On acceptance of the Verified Badge, the Audit Agency shall conduct two subsequent audit inspections at the TPM’s outlet at different occasions during the Verified Badge validity period of a year to check if quality and service standards are in compliance and maintained. In case, in any of following two inspections it is found that TPM has fallen short in quality and service standards offered by them, Wellnessta reserves the right to revoke Verified Badge without any warning or intimation to the TPM.
4.8. A printed version of “Wellnessta Certified Certificate” will be couriered to the TPM for prominently displaying at TPM outlet.
4.9. A report shall be generated post each audit, by the Audit Agency and shall be shared with the TPM at the registered email ID of the outlet.
4.10. Wellnessta shall accept or decline the request for the Verified Badge only on the recommendation of the Audit Agency.
5.1. TPM agrees to pay the applicable fees for its participation in this Additional service offered by Wellnessta shall in exchange of Verified Badge charge.
5.2. Tax Invoice for the same will be sent to via email. Any disputes about the “Fee” must be submitted to us in writing at email@example.com within 30 days of any such issue otherwise you waive such charge and will not be subjected to challenge. Wellnessta reserve the right to offer discounts on such services in its sole discretion.
6. NO REFUNDS AND NO CANCELLATION
Fee once paid for the service shall not be refunded under any circumstances. No cancellation or refunded requests shall be entertained.
7. LIMITATION OF LIABILITY
Wellnessta does not make any warranties, express or implied, with respect to Content, Badges, Tag including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
8. GENERAL TERMS
8.1. Wellnessta reserves the right to change these terms and conditions from time to time in its discretion and without prior notice to the TPM. All terms and conditions are applicable to the extent permitted by law. For details check Wellnessta Policies.
8.2. Wellnessta does not make any warranties or representation in respect of the accuracy or completeness or authenticity or originality with respect to content and shall not be responsible or liable for its accuracy.
9. DISCLAIMER OF WARRANTIES
9.1. In addition, to the extent permitted by applicable law, Wellnessta is not liable, and the TPM agree not to hold Wellnessta responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from TPM’s participation in the services, including but not limited to:
9.1.1. the deletion or modification of TPM’s Verified Badges;
9..1.2. the duration or manner in which TPM’s Verified Badges appear on the Properties; or
9.1.3. Wellnessta's decision to end or remove TPM’s Verified Badges; or
9.1.4. Non delivery or delay of printed version of the Wellnessta Verified Certificate or in display of Verified Badge with their listing on Wellnessta for the reasons what soever those may be.
9.2 Regardless of the previous paragraphs, if Wellnessta is found to be liable, their liability to TPM or to any third party is limited to the amount of Fees in dispute, not to exceed the total Fees which the TPM paid to Wellnessta for the period amount is being paid to them. For example: in the case of renewal of membership, Wellnessta liability will be to the amount paid for the dispute period and not for the amount paid during the previous years.
9.3. In addition, Wellnessta reserves the right in its sole discretion to suspend, terminate or restrict TPM’s use of the Wellnessta additional Services (in whole or in part), without notice, for any or no reason, and without liability to the TPM.
9.4. Wellnessta also reserves the right to modify, suspend or discontinue parts of the Wellnessta additional Services for TPM’s account as a whole.
10.1. TPM will indemnify and hold Wellnessta (and its affiliates, subsidiaries, their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of or related to TPM’s services, TPM’s breach of these Terms, TPM’s participation in and/or improper use of the services or TPM’s breach of any law or the rights of a third party.
10.2. Wellnessta reserves the right to revoke the Verified Badge at any time without prior notice. Reasons for revoking the Verified Badge may include but is not limited to:
10.2.1. Intentionally misleading clients/ customers by false descriptions/ services/ offers;
10.2.2. Any kind of scandal or illegal trade activity at the outlet;
10.2.3. Misbehaviour, violence or ill-treatment with customers or staff;
10.2.4. The use of profile to promote other services/ businesses/ outlets which are not listed on Wellnessta Platform.
10.2.5. Substandard facilities at TPM’s outlet and poor service quality which does not meet Wellnessta Audit Standards.
11. DISPUTE RESOLUTION AND ARBITRATION
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.
12. 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.
These Terms of Service are effective immediately on the date of their posting. Wellnessta may amend these Terms of Service at any time by posting the amended terms on Terms & Conditions for Wellnessta Verified Badge Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are posted. TPM’s continued access or use of the Wellnessta additional Services constitutes TPM’s acceptance of the amended terms. In addition to the following please refer to Wellnessta Terms & Conditions.