"Wellnessta" means 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.
1.1. Business Partners, TPM and Vendors as the case maybe acknowledge and accept that there are certain terms and conditions applicable at several places mentioned on the website, which shall continue to be applicable and relevant to them over and above the below mentioned Terms and Conditions. However, in the event of any conflict between the terms and conditions mentioned on the website and these Terms and Conditions then these Terms and Conditions shall override those.
1.2. You agree not to, and not to allow third parties, to use the Wellnessta.com Services for other purposes than agreed to in this Agreement, and not:
1.2.1. To send unsolicited commercial emails to guests
1.2.2. To make misrepresentations, including hiding your identity
1.2.3. To upload viruses, malware or other malicious code
1.2.4. To alter, disable or circumvent any processes built into the Wellnessta.com systems
1.2.5. To damage, disable, impair and/or overburden the Wellnessta.com systems
1.2.6. To reverse engineer any of the features offered by Wellnessta.com
1.2.7. To copy and further use the Wellnessta.com trademarks unless explicitly agreed to by Wellnessta.com
1.2.8. To disclose, share or resell any login details
1.2.9. To grant access to the Wellnessta.com systems to third parties for commercial or any other reason without Wellnessta.com’s explicit written agreement
1.2.10. To use the Wellnessta.com Services in violation of applicable law, including the legal rights of others. This includes uploading content that violates third party intellectual property rights.
1.3. Any loss or misuse of login credentials must immediately be reported by sending email to firstname.lastname@example.org.
2. VENDOR INVOICE, WELLNESSTA INVOICE, COMMISSION AND PAYMENT POLICY:
You understand that Wellnessta is an aggregator platform for various market players or service providers and that plays the role of a facilitator to you in terms of selling your services directly to user/ consumers. Wellnessta user/ consumers chose and book service directly with you and you are bound to honour such services booked by Wellnessta users/ consumers and render booked services to users/ consumers. Wellnessta act as a platform where you trade or do business directly with users or consumers.
In addition to the monthly or annual subscription fee; a TPM/ Vendor will be bound to share Sales Commission with Wellnessta as per subscription plan opted by the TPM/ Vendor. This sales commission will be earned by Wellnessta on all sold to/ bookings made by, customers on Wellnessta platform for the TPM/ Vendor. Payment against services sold to/ booked by the customers will be collected in the Wellnessta account using a 3rd Party Payment Gateway service. A TPM/ Vendor share of sales amount will be transferred to the TPM bank account at the fixed frequency automatically using 3rd Party Payment Gateway after deducting the Wellnessta’s sale commission and any other deductibles and reconciling the payable account.
2.1. You hereby permit/ allow Wellnessta that on each booking instant on the Wellnessta Platform, an invoice will get raised on behalf of you (TPM/ Vendor) directly to users/ consumers. All such invoices raised for you will bear unique series serial number. You can see and download all such invoices on their Dashboard after login in to your account on Wellnessta. Since these invoices to users/ consumers will be raised on behalf of you (TPM/ Vendor), accounting of these invoices as income will be solely your responsibility. Time to time you will check your account with Wellnessta and track such invoices and take action as desired by accounting procedures and laws.
2.2. You understand and agree that on invoices mentioned in above Point 2.1, the liability of paying all types of taxes such as GST, income tax or any other applicable statutory taxes on services offered by you is of yours (TPM/ Vendor). And that you authorise Wellnessta to raise invoices mentioned in above point 2.1 on your (TPM/ Vendor) behalf.
2.3. You agree to pay sales commission to Wellnessta on each user/ consumer booking. Against each user/ consumer booking of a service offered by the you, Wellnessta will raise a sales commission invoice to the you (TPM/ vendor). Wellnessta Commission invoices will be made available to you on your Wellnessta Account and can be downloaded by you. You agree to accept and pay and/ or accept debit notes on all such sales commission invoices raised by Wellnessta in favour of you (TPM/ Vendor).
2.4. You authorises Wellnessta to charge a Convenience Fee to users/ consumers on the services booked by them for your account as platform usage fee on each invoice as mentioned in above Point 2.1. And for this purpose Wellnessta will raise invoice to the user/ consumer directly and will collect the payment.
2.5. As payment of all services booked by users/ consumers will be collected though Payment Gateway integrated on Wellnessta platform, you authorise us to collect all such payments on your behalf.
2.6. You allow us and agree that payment of your invoice (as per above Point 2.1) will be credited to your bank account after adjusting Wellnessta Commission, Convenience Fee, Dues and Debit Notes etc. within the time frame of 30 days. Income Tax TDS will be deductible all such payment and you will be issues TDS Certificate as prescribed by Income Tax Laws.
2.7. It may be the case that you do not fall under the purview of GST or TDS as your business is below the threshold limit prescribed by GST or TDS Law. In such case at any point of time you cross your GST or TDS threshold limit you will update your GST or TDS (TAN) status on Wellnessta and contact us to update the change in your GST or TDS status. In case Vendor/ TPM fails to update/ inform Wellnessta on changes in GST/ TDS applicability, Wellnessta will be held responsible for any liabilities , loss, penalties or what so ever it may be arising due to Vendor/ TPM failure to update records on Wellnessta.
3.1. Privacy Statement for Business Partners
3.1.1. This Privacy Statement applies to Wellnessta.com, Mumbai (“Wellnesst.com/ Wellnessta.in/ Wellnessta.co.in/ Wellnessta.co” or “we” or “our” hereafter). It describes how Wellnessta.com collects and processes personal data about (potential, existing or former) Service Providers and other business partners. This Privacy Statement therefore applies to personal data of owners, employees, representatives or other individuals acting on behalf of a Service Provider or other business partners (Service Providers, other business partners and the related individuals are hereafter together or individually referred to as "Business Partners" or "you"). A Business Partner within the meaning of this Privacy Statement may be a Service Provider (including the provider of Spa, Ayurvedic Massage, Gym & Fitness, Yoga, Meditation, Naturopathy, wellness service etc. accommodation for same purpose) For a better understanding of what we mean by “Service”, “Service Provider”, and “ Booking ”, please read the Wellnessta.com Terms and Conditions.
3.2. Data collection
The personal data Wellnessta.com collects in regard to Business Partners depends on the context of the business relationship and interaction with Wellnessta.com, the choices made by a Business Partner and the products, services and features used. The personal data Wellnessta.com collects about a Business Partner can include the following - depending on the specific situation, not all of the following data items may be considered personal data because they may relate to a business instead of an individual.
3.3. Personal data you give to us
3.3.1. Contact details
We collect contact data of Business Partner, such as first name/ last name, date of birth, Phone Numbers, email id, business e-mail address and address, telephone and mobile number.
3.3.2. Financial data
We collect data necessary for payment, including invoicing purposes, including your bank details, bank account number, VAT number, credit slips, GST Number, Aadhar Card, PAN, TAN Number etc. We also ask you to upload the documents for verification purpose and smooth accounting process.
3.3.3. Verification details
As part of the registration process, Wellnessta team or authorized representative can ask (representatives of) Business Partners to provide a copy of their ID card or passport, GST Number, GST copy, Business Aadhar, Business IDs, a photo, video or other relevant information to verify the authenticity of the Business Partner.
When communicating with Wellnessta.com, we collect and processes communications. During calls with our support center, live listening may be done, or calls may be recorded for quality control and training purposes, which includes the usage of the recordings for the handling of claims and fraud detection purposes. Recordings are kept for a limited amount of time and automatically deleted, unless Wellnessta.com has a legitimate interest to keep such recording for a longer period, including for fraud investigation and legal purposes.
3.4. Other information we collect automatically
3.4.1. When using the Wellnessta.com online services, such as the online registration form, an online user account, or make use of a Wellnessta.com / app , Wellnessta.com also collects information automatically, some of which may be personal data. This includes data such as language settings, IP address, location, device settings, device OS, log information, time of usage, URL requested, status report, user agent (information about the browser version), operating system, result (viewer or booker), browsing history, user Booking ID, and type of data viewed
3.4.2. By sharing other individual’s personal data in relation to your business (for example of your staff members), you confirm that these individuals have been informed about the use of their personal data by Wellnessta.com in accordance with this Privacy Statement and provided any necessary consents.
3.5. Other information we receive from other sources
3.5.1. Information on insolvencies
In insolvency matters, Wellnessta.com can receive information from insolvency administrators, courts or other public authorities relating to a Business Partner.
3.5.2. Data related to law enforcement and tax authority requests
Law enforcement or tax authorities can contact Wellnessta.com with additional information about Business Partners in case they are affected by an investigation.
3.5.3. Fraud detection
In certain instances, and as permitted by applicable law, Wellnessta.com may need to collect data through third party sources for fraud detection and prevention purposes.
3.6. Processing purposes
Wellnessta.com uses the previously described Business Partner information, some of which may be personal data, for the following purposes:
A. Registration and account administration
Wellnessta.com uses account details, financial data and contact details for registrations with Wellnessta.com, including verification purposes to manage the business relationship with the Business Partner.
B. Customer service
Wellnessta uses the information provided, which may include personal data, to provide support services, such as to respond to Business Partners’ requests, questions and concerns.
C. Other activities, including marketing
If a Business Partner is making use of an online registration facility and has not finalized the registration, Wellnessta.com may send a reminder to carry on with the registration. We believe that this additional service is useful to our (future) Business Partners because it allows to carry on with the registration without having to fill in all the registration details from scratch. Wellnessta.com may invite Business Partners to attend and hosts events Wellnessta.com believe may be of relevance to a Business Partner or use personal data to offer and host online webinars and forums to enable Business Partners to find answers to commonly asked questions on the usage of the Wellnessta.com services and the offering of their products and services. Wellnessta.com uses personal data, such as contact data, to also inform about system/product updates, to send the Wellnessta.com newsletter, to invite a Business Partner to participate in referral programs or sending notification to update / complete business profile or for other marketing communications. When we use personal data for direct marketing messages in electronic form, Wellnessta.com will include a link to unsubscribe.
D. Messaging tools
Business Partners can contact Wellnessta.com to forward information or questions about bookings or communicate by use of emails, contact us form which always include Wellnessta.com as a recipient. Wellnessta.com may access communications and uses automated systems to review, scan, and analyses communications for security purposes; fraud prevention; compliance with legal and regulatory requirements; investigations of potential misconduct; product development and improvement; research; customer engagement, including to provide customers with information and offers that we believe may be of interest to them; and customer or technical support. Note, all communications sent or received using Wellnessta.com communication tools will be received and stored by Wellnessta.com.
E. Analytics, improvement and research
Wellnessta.com uses the information provided, which may include personal data, for analytical purposes. This is part of our drive to improve the Wellnessta.com services and enhance user experience, but can also be used for testing purposes, troubleshooting and to improve the functionality and quality of the Wellnessta.com online services. Wellnessta.com also invites Business Partners regularly to participate in surveys or conducts other market research. Certain Business Partners may be invited to join a dedicated online platform to interact with Wellnessta.com and/or exchange experiences with other Business Partners. Please consult the information provided when invited to participate in survey, market research or join the online platform to understand how personal data may be treated differently from this Privacy Statement.
F. Security, fraud detection and prevention
We process the information provided, which may include personal data, in order to investigate, prevent and detect fraud and other illegal or violating activities. This may be personal data a Business Partner has provided to wellnessta.com, for example for verification purposes as part of the registration process, personal data collected automatically, or personal data obtained from third party sources (including from guests). Wellnessta.com may also use personal data to facilitate prosecution where necessary. For these purposes, personal data may be shared with law enforcement authorities and external advisors. Wellnessta.com can use personal data for risk assessment and security purposes, including the authentication of users.
G. Legal and compliance
In certain cases, Wellnessta.com needs to use the information provided, which may include personal data, to handle and resolve legal disputes, for regulatory investigations and compliance, or to enforce the agreement(s) with Business Partners or solve a complaint with a booker as reasonably expected. If we use automated means to process personal data which produces legal effects or significantly affects you, we will implement suitable measures to safeguard you rights and freedoms, including the right to obtain human intervention.
Legal Bases: In view of purposes A and B, Wellnessta.com relies on the legal basis that the processing of the personal data is necessary for the performance of the agreement between the Business Partner and wellnessta.com. If the required information is not provided, Wellnessta.com cannot register a Service Provider or otherwise work with a Business Partner, nor can we provide customer service. In view of purposes C to G, Wellnessta.com relies on its legitimate interest to provide its services or obtain services from Business Partners, to prevent fraud and to improve its services. When using personal data to serve wellnessta.com’s or a third party's legitimate interest, Wellnessta.com will always balance the Business Partners’ rights and interests in the protection of their information against wellnessta.com’s rights and interests or those of the third party.
For purposes F and G, Wellnessta.com relies also where applicable on compliance with legal obligations (such as lawful law enforcement requests).
If you wish to object to the processing set out under C to E and no opt-out mechanism is available to you directly (for example, in your account settings), to the extent applicable, please contact us by sending email to email ID: email@example.com.
3.7. Data sharing
3.7.1. Sharing with affiliates: In order to support the use of the Wellnessta.com services, your information, which may include personal data, may be shared with subsidiaries of the Wellnessta.com corporate family which act as service providers for us, including in relation to customer support services. To find out everything you need to know about the Wellnessta.com corporate family, visit About Wellnessta.com.
3.7.2. Sharing with third parties: We share Business Partners’ information, which may include personal data, with third parties as permitted by law and as described below. We do not sell or rent the personal data to third parties.
- Service providers (incl. suppliers). We share personal data with third party service providers to provide our products and services, store data or conduct business on our behalf. These service providers shall process personal data only as instructed by and to provide the service to Wellnessta.com.
- Payment Providers and other financial institutions. To process payments between a Business Partner and Wellnessta.com or a booker and a Business Partner, personal data, as relevant, is shared with Payment Providers and other financial institutions.
- Compelled disclosure. When legally required, strictly necessary for the performance of our services, in legal proceedings, or to protect our or users, we disclose personal data to law enforcement authorities, investigative organisations, or other group members.
3.8. Sharing and disclosure of aggregated data
We may share information in aggregate form and/or in a form which does not enable the recipient of such information to identify you, with third parties, for example for industry analysis and demographic profiling.
3.9. Data sharing within the Wellnessta.com corporate family
Wellnessta.com is part of the Wellnessta Private Limited family.
Wellnessta.com may receive personal data about a Business Partner from other companies of the Wellnessta Private Limited. corporate family or share a Business Partner’s personal data with them for the purposes as described below and subject to any contractual terms.. All companies within the Wellnessta Private Limited group of companies may need to exchange Business Partner personal data to ensure it protects all users from fraudulent activities on its online platforms.
The purposes for data sharing within the Wellnessta Private Limited group of companies are the following:
- to provide services (including to manage Business Partner accounts and provide support services),
- to detect, prevent and investigate fraudulent, other illegal activities and data breaches,
- for analytical and product improvement purposes,
- to personalize the online services or to send marketing with the recipient’s consent or as otherwise permitted by applicable law, and
- to ensure compliance with applicable laws.
Wellnessta.com relies on its and the Wellnessta Private Limited’s legitimate interest to receive and share personal data as described under i) to iv) in order to provide its services or obtain services from Business Partners, including to prevent fraud and to improve the services. When using personal data to serve Wellnessta.com’s or a third party's legitimate interest, Wellnessta.com will always balance the Business Partners’ rights and interests in the protection of their information against wellnessta.com’s rights and interests or those of the third party.
For purpose v), Wellnessta.com relies also where applicable on compliance with legal obligations (such as lawful law enforcement requests).
If you wish to object to the processing set out under A to D, and no opt-out/ Delete account mechanism is available to you directly (for example, in your account settings), to the extent applicable, please contact us by sending an email to email ID: firstname.lastname@example.org.
3.10. Data Sharing with Auditing / Verification Agency
We want to make sure the authenticity of the outlet details you submitted, which includes your KYC documents. This is best for the community and help us to serve our customer in better way. We hire a third-party agency to verify your existence and KYC documents. Also, If, you opt for Wellnessta Verification certificate, our Third-Party Agency can audit your outlet.
In accordance with data protection laws, Wellnessta.com observes reasonable procedures to prevent unauthorised access to, and the misuse of, information including personal data.
We use appropriate business systems and procedures to protect and safeguard information including personal data. We also use security procedures and technical and physical restrictions for accessing and using the personal data on our servers. Only authorised personnel are permitted to access personal data in the course of their work.
3.10.2. Data retention
We will retain personal data for as long as we deem it necessary to manage the business relationship with a Business Partner, to provide the Wellnessta.com services to a Business Partner, to comply with applicable laws (including those regarding document retention), resolve disputes with any parties and otherwise as necessary to allow Wellnessta.com to conduct its business. All personal data we retain will be subject to this Privacy Statement and our internal retention guidelines. If you have a question about a specific retention period for certain types of personal data, we process about you, please contact us via the contact details included below.
4.1. Subscription, Renewal and Upgrade Term:
4.1.1. TPM/ Vendor, agrees, acknowledges, warrants and accepts unconditionally that access or usage of Wellnessta cloud software is not a free and it is a “Software As A Service” (“SaaS”). A TPM/ Vendor is allowed to use or access Wellnessta cloud software for evaluation purposes under subscription package “Starter Pack” without charge for a period of 30 days (or a specified period offered by Wellnessta) with access to limited features. A TPM/ Vendor can continue accessing/ using Wellnessta SaaS Software by purchasing “Starter Pack” subscription plan or they can purchase any other subscription plan of their choice, as suitable to them to access more software features.
4.1.2. On expiry of subscription period a TPM/ Vendor will have option to purchase/ renew their subscription manually by purchasing on or before expiry of previously opted subscription plan or opt for auto renewal option at the time of purchase as provided in their profile for uninterrupted usage and access of the Wellnessta software. In case a TPM/ Vendor fails to renew the subscription, their account will get blocked for usage. However, all data or their profile will be retained for a maximum duration of one year on Wellnessta and TPM/ Vendor will be able to recover data only once they purchase a fresh subscription plan. In the event the TPM/ Vendor fails to purchase a fresh subscription plan then Wellnessta shall have the liberty and right to delete all the data or their profile on lapse of one year from the date of free trial ending.
4.1.3. A TPM/ Vendor can upgrade or downgrade their subscription plan anytime; however effective date of upgraded or downgraded subscription plan will come in effect on expiry of their existing subscription plan. No previously paid amount will be adjusted against new subscription plan opted by the TPM/ Vendor.
4.2. Software Usage Term:
Wellnessta Software Access will be used for the number of outlets allowed as per your subscription. TPM will not manipulate usage in any manner to maintain record or sell booking of services for more than assigned number of outlets as specified in the Subscription Plan they opt-in or subscribe.
4.3. Disclaimer of Warranty
4.3.1. Wellnessta SaaS is subscribed on "As Is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied.
4.3.2. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The TPM must assume the entire risk of using the program. Any liability of the TPM will be limited exclusively to the price of the subscription plan opted during that period.
4.3.3. Wellnessta shall not be liable for any special, indirect, incidental, or consequential misuse of your login ID of Wellnessta.
5. YOUR CHOICES AND RIGHTS
5.1. We want you to be in control of how your personal data is used by us. You can do this in the following ways:
5.1.1. you can ask us for a copy of the personal data we hold about you;
5.1.2. you can inform us of any changes to your personal data, or you can ask us to correct any of the personal data we hold about you;
5.1.3. in certain situations, you can ask us to erase, block or restrict the personal data we hold about you, or object to particular ways in which we are using your personal data; and
5.1.4. in certain situations, you can also ask us to send the personal data you have given us to a third party.
5.2. Where we are using your personal data on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal data based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal data subject to applicable law.
5.3. We rely on you to ensure that your personal data is complete, accurate and current. Please do inform us promptly of any changes to or inaccuracies of to your personal data by contacting us.
6. QUESTIONS OR COMPLAINTS
If you have questions or concerns about our processing of your personal data or you want to exercise any of your rights you have under this Privacy Statement, please contact our data protection officer via contact us. All privacy related questions and complaints reported to Wellnessta.com will be investigated. Wellnessta.com will attempt to resolve complaints and questions in line with internal policies. You may also contact your local data protection authority with questions and complaints.
7. CHANGES TO THE PRIVACY STATEMENT
Just as our business changes constantly, this Privacy Statement may also change. If we make material changes or changes that will have an impact on you (e.g., when we start processing your personal data for other purposes than set out above), we will contact you prior to commencing that processing.
8. 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.
9. WARRANTY AND INDEMNITY
a) The Vendor/ TPM warrants that:
- none of the Vendor/ TPM products/ services will be contrary to any laws;
- none of the Vendor/ TPM product/ services will contain any subject matter which will, or is likely to, give rise to any actions based on any of the following:
- libel, slander, defamation, illegal business or unlawful services/ products;
- indecent, false, misleading or deceptive conduct;
- the infringement of any rights (including Intellectual Property rights) of Wellnessta, any of Wellnessta user or third party;
- the infringement of any moral rights of Wellnessta, any of Wellnessta user or third party; or
- infringement of any relevant privacy laws;
3. it has/ will obtain all necessary consents, licenses and authorizations required by any law in respect of the services and products offered/ sold by the Vendor/ TPM; and it only offers services/ sell products permitted by the law;
4. it owns or is licensed to use, and to permit Wellnessta to use/ sell or book appointments of all the Vendor/ TPM products/ services.
b) The Vendor/ TPM indemnifies Wellnessta and its directors, officers, agents, contractors and employees from and against any claims, demands, proceedings, costs and expenses (including legal costs) whatsoever arising directly or indirectly in connection with:
- any claims, damage, loss or liability (including as a consequence of any claim for personal injury) arising from the provision of the Services booked/ product purchased by Wellnessta user (including, without limitation, from any person’s use of the Products/ availing services); or
- any breach of the Vendor/ TPM's undertakings, obligations and warranties set out in this Agreement.
10. 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.