Introduction
Introduction
Terms of Service
Effective from September 10, 2022
Terms and Conditions for Wellnest Health Monitoring Pvt Ltd.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 WHICH REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF SERVICE FOR ACCESS OR USAGE OF THIS PLATFORM.
Welcome to www.wellnest.tech (the “Platform”), owned by Wellnest Health Monitoring Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at 29, Jay Shefali Park, Near Silicon Tower, Satellite Road, Jodhpur, Ahmedabad- 380015 (hereinafter referred to as “Wellnest” or “We” or “Us” (and derivates)). Wellnest is engaged in the business of providing an e-commerce marketplace via. the Platform for listing, sale, distribution and shipping of healthcare products (the “Products”) and related services provided on the Platform.
Wellnest reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time and will notify you at least once in a year, or whenever there is a change in the Terms of Service, as the case may be by email or by posting a conspicuous notice on the Platform in the event of any material revisions to these terms of service (“Terms”). Your continued use of the Platform following the incorporation of such changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, Wellnest grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform.
You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to Wellnest’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.
For the purpose of these Terms, wherever the context so requires, the term:
a)
“Force Majeure Event” shall mean any event that is beyond the reasonable control of Wellnest and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of Wellnest and which Wellnest is not able to overcome.
b) “Order” shall mean receipt of the order from the User of the Product in accordance with the Terms.
c) “User” shall mean any person who (i) accesses or browses the Platform; or (ii) uses the Platform for the purpose of
purchasing the Products listed on the Platform, or (iii) is registered on the Platform as a “User” in accordance with
the terms contained herein.
1. MEMBERSHIP ELIGIBILITY
Use of the Platform is available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Wellnest reserves the right to terminate any person’s membership in accordance with these Terms and/or refuse to provide such person with access to the Platform if it is brought to the notice of Wellnest or if Wellnest discovers for itself that such person is not eligible to use the Platform.
2. ACCEPTANCE OF TERMS
2.1.
The User is required to carefully read these Terms, as it contains the terms and conditions governing the User’s use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs, etc. that Wellnest may make available through the Platform along with any services that Wellnest may provide through the Platform. By further accessing or using the Platform, the User is agreeing to these Terms and entering into a legally binding contract with Wellnest. The User may not use the Platform if the User does not accept the Terms or is unable to be bound by these Terms.
2.2.
In order to use the Platform, the User must first agree to these Terms. The User can accept these Terms by:
2.2.1. Signing up with Wellnest and logging onto Wellnest by using the Login Credentials (defined below);
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2.2.2. Actual usage of the Platform. In this case, the User understands and agrees that Wellnest will treat the
User’s use of the Platform as acceptance of these Terms from that point onwards; or
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2.2.3. By clicking to accept these Terms, if and when prompted on the Platform.
3. OPENING AN ACCOUNT
3.1.
The Platform allows only limited and restricted access to the services for unregistered users.
3.2.
In order to use the Platform, as part of the sign-up process, the User will have to create an account on the Platform (“User Account”), which can be done by providing/ using the following: (a) the e-mail address and password; or (b) Facebook or Google login; or (c) such other login credentials that are adopted by Wellnest from time to time and duly intimated to the User.
3.3.
While signing-up with Wellnest to use the Platform, the User shall not:
3.3.1. create a User Account for anyone other than the User, unless such person's prior permission has been
obtained;
3.3.1. use a User Account that is the name of another person with the intent to impersonate that person; or
3.3.1. create more than one User Account on the Platform.
3.4.
Wellnest cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause.
3.5.
The User hereby confirms and undertakes that the information provided by the User while signing-up is and will be true, accurate, up-to-date, and complete at all times. The User agrees that if the User provides any information to Wellnest that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, Wellnest shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide the User access to the Platform.
3.6.
Once registered, the User can log in to the User Account by using the e-mail address and password provided at the time of signing-up (“User Login Credentials”).
3.7.
If the User does not want to create a User Account on the Platform, the User, as an unregistered user, is permitted to make purchases on the Platform without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, the User shall be required to provide Wellnest with accurate and complete details of the User’s e-mail address, mobile number and shipping address. The User understands that, as an unregistered user, the information the User provides will not be saved on the Platform and the User will be required to re-enter such information every time the User uses ‘Guest Checkout’ option on the Platform at the time of purchase. Wellnest cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause.
4. ACCOUNT CONFIDENTIALITY OBLIGATIONS
4.1.
The User agrees that the sole responsibility of maintaining the security and confidentiality of the User Login Credentials rests with the User at all times. The User shall not share these User Login Credentials with any third party and Wellnest shall not be liable for any loss or damage arising from such breach.
4.2.
Wellnest reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the User Account.
4.3.
The User is solely responsible for all activities that occur under the User Account and/or the User undertakes on the Platform and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.
4.4.
In no event and under no circumstances shall Wellnest be held liable for any liabilities or damages resulting from or arising out of the User’s use of the Platform or the User Login Credentials, theft of the User Login Credentials or release by the User of the User Login Credentials to a third party, or the User’s authorization to allow another person to access and use the Platform using the User Account.
4.5.
In case of any misappropriation or unauthorized access of the User Account, the User agrees to communicate the same to Wellnest immediately, in a manner indicated by Wellnest. The User shall further ensure that he/she exits/ logs out from the User Account at the end of each session. Wellnest shall not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User may be held liable for any losses incurred by Wellnest or any other user of or visitor to the Platform due to authorized or unauthorized use of the User Account, as a result of his/her failure in keeping the Login Credentials confidential.
4.6.
The User agrees that the information provided by the User to Wellnest, at all times (including during registration), will be true, accurate, up-to-date, and complete. The User further agrees that if he/she provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, or incomplete or if Wellnest has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, Wellnest shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide the User access to the Platform. The User is advised to use due caution when providing any information to Wellnest accordingly.
5. SERVICES
5.1.
The User will need to register and/or comply with these Terms (as applicable) in order to be able to use and access the services on the Platform, which includes, inter alia, (a) facilitation of the sale and purchase of Products listed on the Platform; (b) display of content in relation to the use and benefit from the Product and other healthcare related information (“Health Content”) and (c) such other services as may be made available on the Platform from time to time by Wellnest (“Services”).
5.2.
You understand and agree that Health Content provided on the Platform is derived from information already available in public sources and is not reviewed by Wellnest. Wellnest merely collects the information already available in the public domain, analyzes such information and provides this information in a readable and convenient form to the users. There is no representation made by Wellnest that such information is accurate or reliable. You hereby agree and understand that the Health Content is dynamic and subjective in nature, being dependent on multiple variables (including, without limitation, environmental factors and evolving science) which may not necessarily apply to you and such Health Content and applicability thereof changes from one individual to another.
5.3.
The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Wellnest strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Wellnest isn’t liable for any disruption or loss the User may suffer as a result.
5.4.
Wellnest may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.
6. SERVICES DO NOT AMOUNT TO MEDICAL ADVICE
6.1.
You acknowledge and agree that the Platform merely acts as a facilitator for the sale and purchase of the Product and to display the information already available in the public domain in a convenient and structured manner. Any and all services provided by, in and/or through the Services, including but not limited to Health Content are for informational purposes only. You agree and understand that Wellnest is not a medical professional and does not provide any medical services or render medical advice. Nothing contained in the Services, or the Health Content should be construed as such medical advice or diagnosis. You agree and understand that the Health Content generated by Wellnest should not be interpreted as a substitute for a medical consultation, diagnosis, or treatment, and the Health Content made available on the Platform should not be relied upon for the treatment of any disease or health condition.
6.2.
You hereby represent and warrant to us, which representation and warranty shall be deemed to be made each time you use the Services, that you are not using the Services for purpose of seeking medical service or attention. You further agree that, before using the Services, you will consult a medical professional. If any information you receive or obtain from using the Services is inconsistent with the medical advice from a medical professional, you should follow the advice of the medical professional.
7. USE OF THE PLATFORM
7.1.
The User agrees, undertakes and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
7.1.1. belongs to another person or entity and to which the User does not have any right;
7.1.2.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
7.1.3.
could be construed as divisive/stereotyping should be avoided if it could be interpreted as 'hateful' (Gender exclusive content is excluded from this, provided it is positive);
7.1.4.
is harmful to children;
7.1.5.
is misleading in any way;
7.1.6.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7.1.7.
infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
7.1.8.
contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), and financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;
7.1.9.
impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
7.1.10.
provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;
7.1.11.
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
7.1.12.
engages in commercial activities without Wellnest’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
7.1.13.
exploits controversial political or social issues for commercial purposes;
7.1.14.
interferes with another user’s use of the Platform;
7.1.15.
refers to any Platform or URL that, in Wellnest’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms;
7.1.16.
deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
7.1.17.
serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;
7.1.18.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
7.1.19.
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
7.1.20.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
7.1.21.
contains any trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, covertly intercept or steal any system, data, or personal information; or
7.1.22.
violates any law for the time being in force.
7.2.
The User agrees and acknowledges that (a) the User shall not use the Platform for any illegal or unauthorized purpose; and (b) the User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which Wellnest shall not be liable. The User agrees to comply with all laws, rules, and regulations applicable to the use of the Platform. The User further agrees and acknowledges that the User shall use the Platform to purchase products only for the User’s personal use and not for business purposes or any commercial exploitation.
7.3.
The User shall not use anyone else’s account at any time and Wellnest shall not be liable for any claims arising out of such authorised or unauthorised use.
7.4.
Wellnest shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.
8. USER’S POSTS AND REVIEWS
8.1.
The Platform may allow the User to post certain content, data, or information belonging to the User, such as reviewing and allowing the User to share the User’s experience and views about a particular Product, rate Products, post the User’s comments, and reviews in relation to contents and/or Products on the Platform on specific pages of the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to Wellnest using the Platform (collectively referred to “User Content”).
8.2.
The User, being the originator of the User Content, is responsible for the User Content that the User uploads, posts, publishes, transmits or otherwise makes available on the Platform. The User represents that the User exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The User further represents that all such User Content will be in accordance with applicable law. The User acknowledges that Wellnest does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Wellnest reserves the right to disable access to the User Content on the Platform.
8.3.
In case a third party appears in a User Content, the User confirms that the User has obtained the prior consent of such third party before uploading or posting such User Content. The User further agrees that the User shall indemnify Wellnest against any and all claims raised by a such third party with respect to the User Content.
8.4.
The User hereby grants Wellnest a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by Wellnest in any form including but not limited to print, broadcast, online and across any and all Platforms owned by Wellnest, any and all platforms owned by Wellnest on any social media channels including but not limited to Instagram, Facebook and Twitter.
8.5.
The User represents and warrants that the User owns or otherwise controls all of the rights to the User Content that the User posts or that the User otherwise provides on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content the User supplies does not breach these Terms; and (c) such User Content is lawful.
8.6.
The User further represents and warrants that while posting any User Content on the Platform the User shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the User shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
9. PAYMENT POLICY
9.1.
The Platform permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by Wellnest from time to time.
9.2.
While availing the method of Cash on Delivery by the Users Wellnest shall have the right to verify the requirement by the use of IVR Calling or by sending a confirmatory SMS or such other methods as may be adopted by Wellnest from time to time.
9.3.
While availing any of the payment method/s available on the Platform, Wellnest will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
9.3.1.
Lack of authorization for any transaction(s);
9.3.2.
Exceeding the pre-set limit mutually agreed by the User and between bank/s;
9.3.3.
Any payment issues arising out of the transaction;
9.3.4.
Rejection of transaction for any other reason(s) whatsoever.
9.4.
All payments made against the purchases on Platform by the User shall be compulsorily in Indian Rupees. It is expressly clarified that Wellnest will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
9.5.
If the User purchases the Products using the cash on delivery (COD) and/or the ‘Guest Checkout’ option(s) (as applicable), upon delivery of the Products, the User is not permitted to refuse receipt of such Products. In the event that the User refuses receipt of such delivered Products and/or does not pay for the same, Wellnest reserves the right to blacklist the User and block access to the Platform and/or the User Account on the Platform (as the case may be) and/or take any other action as Wellnest may deem fit.
9.6.
The User acknowledges that Wellnest will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of Wellnest.
10. SHIPPING
10.1.
If the User purchases the Products using the cash on delivery (COD) and/or the ‘Guest Checkout’ option(s) (as applicable), the orders placed will be verified before dispatch through via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from Wellnest on the User’s e-mail address or mobile number. If the order is not verified within 5 days of placing the order, it shall stand automatically cancelled.
10.2.
The shipping charges for the delivery of the Order will be borne by the User and the shipping charges shall be as set forth depending on the delivery location during checkout. Wellnest reserves the right to accept or reject an Order placed on the Platform in part or in full. Wellnest will notify the User of its acceptance of the Order on the email address (provided at the time of registration or purchase), as soon as possible by confirming receipt of the Order placed and dispatch of the same. Wellnest may also require additional verification or information before accepting any Order. All decisions in relation to the acceptance or rejection made by Wellnest shall be final and binding. The User agrees not to challenge such decision in any manner whatsoever.
10.3.
As soon as an Order is dispatched, Wellnest shall send a shipping confirmation and contact the User via. e-mail or multimedia text messages such as SMS, WhatsApp, Facebook messenger, or phone calls from Wellnest on the User’s e-mail address, mobile number and other third party Platforms/modes with the delivery details or in such other manner as may be deemed fit by Wellnest. The User, if a registered user, can track the Order by visiting the ‘Order History’ page under the User Account additionally an email will be sent separately o the registered email if of the User for the purpose of tracking the Order.
10.4.
Once the Order has been placed, the User agrees and acknowledges that the User cannot modify the Order. It is however clarified that the User may amend the shipping address by notifying Wellnest in writing any time before the User’s Order has been packed for dispatch. The standard timeline for delivery of Orders placed on the Platform across India is 6 business days. If Wellnest is of the opinion that the dispatch time may take more than that indicated on the Platform, Wellnest will inform the User of a new dispatch time. At that point, if the new dispatch time is not acceptable to the User, the User can choose to cancel the Order, in the manner indicated by Wellnest, and get the Order amount refunded in accordance with these Terms.
10.5.
Requests for specific time/date delivery are subject to dispatch of the Products from Wellnest's warehouse and service availabilities by the courier partner.
10.6.
Notwithstanding anything to the contrary contained hereinabove, during high season and sale, shipping of Products may take a little longer.
11. REPLACEMENT POLICY
11.1.
All Products offered for sale on the Platform are described and pictured as completely and precisely as possible and in good faith. Despite all the necessary precautions taken, Wellnest cannot be held liable for possible errors and the User acknowledges that the Product/s delivered to the User may vary from the Product/s displayed and pictured on the Platform.
11.2.
Products will be accepted and processed for replacement only within 24 (Twenty-Four) hours from the day when the User receives the Order (the “Replacement Window”). Products cannot be replaced after this time. The User shall be required to notify Wellnest through e-mail to sales@wellnest.tech along with Order details and product images outlining the problem within the Replacement Window or in such other manner as may be indicated by Wellnest.
11.3.
Products can be replaced within the Replacement Window if the User has received them in a condition that is physically damaged, has missing parts or accessories, are defective or different from their description on the product detail page, wrong colour, or if wrong quantity is received. It is clarified that if an Order is placed on the Platform using the cash on delivery (COD) option, Wellnest reserves the right to accept the User’s replacement requests only in exceptional cases.
11.4.
Notwithstanding anything to the contrary contained in these Terms, Products may be eligible for replacement if (a) Wellnest has the exact same item in stock; and (b) the User’s pin-code is serviceable for a replacement. If the replacement request is placed and Wellnest does not have the exact same Product in stock, Wellnest will provide a refund to the User in accordance with these Terms.
11.5.
In case the User has purchased an item which has a free gift/offer associated with it and the User wishes to return the purchased item, the free product shall have to be returned as well.
11.6.
Replacement will be processed only if:
11.6.1.
it is determined that the Product was not damaged while in the User’s possession.
11.6.2.
the Product is not different from what was shipped to the User.
11.6.3.
the Product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and all the accessories therein) and has not been used/consumed.
11.7.
It is the User’s responsibility to pack the Product sought to be replaced in a manner indicated by Wellnest. If the Product is damaged due to the Product not being packed in accordance with the instructions of Wellnest, notwithstanding anything to the contrary contained in these Terms, Wellnest shall have the right to not accept the replacement request of the User.
11.8.
To ensure compliance with these provisions, while collecting the Product from the User, Wellnest’s delivery agent/logistics partner may do a quality check on the returned Product.
11.9.
All decisions in relation to the replacement requests made by Wellnest shall be final and binding. The User agrees not to challenge such decision in any manner whatsoever.
12. CANCELLATION POLICY
Orders once placed for the Products shall not be eligible for return or cancellation.
13. AGREEMENT TO RECEIVE COMMUNICATION
The User hereby by way of accepting these Terms consents to the receipt of communication from Wellnest by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to the User’s registration and/or transactions that the User carries out through the Platform and promotions that are undertaken by Wellnest, Services from Wellnest and its third-party partners.
14. LINKS TO THIRD PARTY PLATFORMS
14.1.
The Platform may contain links and interactive functionality interacting with the Platforms of third parties. Wellnest is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Platform. Before enabling any sharing functions to communicate with any such Platform or otherwise visiting any such Platform, Wellnest strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party Platform.
15. REPRESENTATIONS
The User hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms.
16. LIMITATION OF LIABILITY
16.1.
The User hereby acknowledges that Wellnest shall not be held liable to the User for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
16.2.
Wellnest shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Services on the Platform or the failure of the Services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of the User’s data arising from any use of or inability to use any parts of the Platform; (f) the User’s failure to keep User Login Credentials or User Account details secure and confidential; (g) non-availability of the Services in certain geographical areas; and/or (h) 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 posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Wellnest is advised of the possibility of such damages.
17. DISCLAIMER OF WARRANTIES
17.1.
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY WELLNEST ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WELLNEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. WELLNEST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. WELLNEST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WELLNEST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
18. INDEMNIFICATION
The User shall indemnify and hold harmless Wellnest, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
19. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
19.1.
Other than (a) User Content and (b) the trademarks, logos, and service marks displayed on the Platform that are the property of Wellnest or other third parties, Wellnest solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with Wellnest’s services provided on the Platform and contents (“Platform Content”) and is protected under Indian law.
19.2.
Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Platform Content. Wellnest reserves the right to change or modify the Services and/or the Platform Content (as the case may be) from time to time at its sole discretion.
19.3.
The User hereby acknowledges that the Platform Content and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Wellnest and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Wellnest and such others. The User thereby agrees to protect the proprietary rights of Wellnest and such others during and after the term of these Terms. The User may not selectively download portions of the Platform without retaining the copyright notices. The User may download material from the Platform only for the User’s own personal use and for no commercial purposes whatsoever.
19.4.
The User shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.
19.5.
Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.
20. TERMINATION OF ACCESS TO SERVICES
20.1.
The User Account can be terminated at any time by:
20.1.1.
the User, by requesting for such termination/deactivation of his/her User Account on the Platform; or by
20.1.2.
Wellnest, in its sole discretion, for any reason or no reason including the User’s violation of these Terms or lack of use of Services.
20.2.
The User acknowledges that the termination of Services may come into effect without any prior notice, and Wellnest shall thereafter, immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services, subject to applicable law. Further, the User agrees that Wellnest shall not be liable for any discontinuation or termination of services by any third party.
20.3.
The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
21. PRIVACY POLICY
The personal information/data provided by the User to Wellnest during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the User objects to his/her information being transferred or used, the User is advised not to use the Platform.
22. SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between the User and Wellnest with respect to the Products and Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and Wellnest with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
23. ASSIGNMENT
It is expressly agreed by the parties that Wellnest may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law.
24. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Ahmedabad, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Ahmedabad, India.
25. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Parita Shah
Address: 809, One World West, Bopal Ambli Road, Ahmedabad - 380058
Phone Number: +91 70417 01596
E-mail: admin@wellnest.tech
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms of Service or the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
26. HOW TO CONTACT US
If the User has questions or concerns about these Terms, the User may contact Wellnest at support@wellnest.tech.