Welcome to wellzee.com, the website and online platform for health and wellness (‘wellzee’), operated by Abhisti Wellness Services Pvt. Ltd (The Company). The Terms of Service are a legally binding agreement between you and The Company regarding your use of our services offered on wellzee.com. By using Wellzee, you acknowledge that you have read, understood and agree to be bound by the Terms of Service, including any additional guidelines, the Wellzee Privacy Policy, Wellzee payments and Refunds Policy and any future modifications thereof (collectively, known as the “Agreement”), whether or not you become a ‘member’, ‘subscriber’ or ‘paid customer’, by registering an account on the service. If you object to anything in this Agreement or the Wellzee Privacy Policy or Payments & Refunds Policy, please immediately terminate your use of the services of Wellzee.
- You must be at least eighteen (18) years of age to register as a member of Wellzee or use its Services. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement.
- We are the licensors and hold all copyrights and intellectual property rights to the website and all the content and material on the site unless specifically stated otherwise. This includes but is not restricted to content, videos, visual interfaces, interactive features, information, graphics, design, compilation, e-books, computer code, products, software, services and other elements of the Service that are protected by the Union of India copyright laws, trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Subject to the restrictions set out below and elsewhere in these terms and conditions, you may view, download for caching purposes only, and print pages from the website for your own personal use. Therefore, you are not permitted to:
- Republish material from this website;
- Republish material from this website on another website;
- Sell, rent or sub-license material from this website;
- Show any material from this website in public;
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- Edit or otherwise alter any material on this website; or
- Redistribute any material from this website except for content explicitly made available for redistribution.
- However, for the free materials, you may:
- Use such free material but by giving due credit to our website and displaying our name prominently in all such materials; www.wellzee.com
- You may reproduce or use such material for research or presentation purposes provided due credit is prominently given to our website.
- You may use all free content, materials and programs by giving due credit as mentioned above provided it is not used for any commercial purpose whatsoever or for doing any kind of business.
- Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content or services, made available through Wellzee, but not directly by us, are those of their respective authors, teachers, health professionals, users or members and they are solely responsible for such content. We do not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will Wellzee be liable for any loss, damage, injury or death resulting from the information, content, acts, errors, omissions, representations, warranties, breaches or negligence of such authors, teachers, health professionals, users or members. Wellzee also recommends that Health Professionals purchase appropriate general liability and professional liability insurance prior to using the services of Wellzee.
- Prohibited Activities. We reserve the right to investigate and terminate your services if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful, or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
- You must not generate or facilitate unsolicited commercial email or spam. You must also not imitate or impersonate another person by any means including creating false accounts or by misrepresentation or by misusing someone else’s email accounts. You must not create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretences.
- You must not use our website to copy, store, transmit, host, send, use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software whatsoever.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You must not post, mail, submit or transmit any content that is illegal by law or harmful to minors.
- Without our prior express written consent, you must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website.
- You must not Illegally submit or post or transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
- You must not use our website to send or transmit unsolicited commercial communications. You must not use our website for any objective related to marketing without our prior express written consent.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Wellness without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Service, without The Company’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Wellzee or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
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Modifications: Wellzee reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wellzee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses: In order to protect the integrity of the Service, The Company reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
- Member Profile: All information you include in your Member profile, including without limitation the information in your Billing Account (as defined above), must be accurate, current and complete. If information provided to us, subsequently becomes inaccurate, misleading or false, you will promptly notify Wellzee of such change.
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Account Security: You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Restricted access: Access to particular areas of our website is restricted. At our discretion we reserve the right to restrict access to areas of our website, or our entire website. Should we provide you with a user ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential. At our discretion we may disable your user ID and password without notice or justification.
- User generated content: In these terms and conditions, "your user content" is to be interpreted without limitation as being material including text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose. You permit to us a global, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, translate and distribute your user content in any existing or future media. You also permit to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe upon any third party's legal rights, and must not be capable of giving rise to a legal action whether against you or us or a third party under any applicable law in each case. You are not permitted to submit any user content to the website that is or has ever been the subject of any threatened, pending or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
- Accurate Content: You are solely responsible for the User Content that you publish or display (hereinafter, "post") on wellzee.com, or transmit to other Members.
- Moderating Content: You understand and agree that The Company may, but has no obligation to, moderate, review and delete any content, comments, messages, photos, videos or profiles (collectively, "User Content"), in each case in whole or in part, that in the sole judgment of The Company and its services through wellzee.com, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of users, members or subscribers.
- Interactions with other users, members, subscribers or health professionals: You are solely responsible for your interactions with other Members, users, subscribers or health professionals, whether online or offline. Wellzee makes no representations or warranties as to the conduct of users, members, subscribers or health professionals and shall not be in any way liable for their conduct. You agree to take reasonable precautions in all interactions with other users, members, subscribers or health professionals of wellzee, particularly if Clients and Health Professionals decide to meet offline, through other online channels or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users, members, subscribers or health professionals.
- Release: You hereby release Wellzee and The Company from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users, members, subscribers or health professionals on the service, Wellzee.
- Warranties: Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
- Limitation of liability: Our liability to you in relation to the use of our website or under or in association with these terms and conditions, whether in contract, tort (including negligence) or otherwise, shall be limited as follows:
- To the extent that the website and the information and services on the website are provided free-of-charge, we shall not be liable for any loss or damage of any nature; we shall not be liable for any consequential, indirect or special loss or damage;
- We shall not be liable for any kind of loss or perceived loss by our paid products or services. Customers, users or viewers are expected to read or view / hear (where applicable) all FAQs and instructions carefully. It is assumed that all such material is fully read (or heard or viewed) and understood and implemented correctly. Users should not make use of any product, service or program if they are in doubt. In case of any doubt, the user should take advice from a registered medical practitioner. By using our paid products and services, it is assumed the user has taken all care, due diligence and medical advice / clearances prior to such usage. If there is someone with any existing problem and still uses our products or services without prior clearance from a registered medical practitioner, we will not be liable for any loss, death, injury or other consequences.
- The Company does not guarantee any results from the use of the service, wellzee, nor do we endorse any fitness or nutrition program which may be offered or sold through the service. We cannot guarantee and do not promise any specific results from use of the service, Wellzee.
- Any time lines or communication on Wellzee, stating results in a certain area or certain time frame or any other communication is merely indicative in nature and not in the nature of any form of guarantee or commitment. There will be no liability on The Company and Wellzee or its employees or affiliates, whether financial or otherwise and no refunds will be made in case of users, members or subscribers not obtaining results as they may have imagined or desired.
- Any statements, guarantees or other information that may be provided by health professionals or other users is solely attributable to them and we are not liable for the same.
- No Warranties; “As Is,” “As Available,” and “With All Faults”. To the fullest extent permissible under applicable laws, wellzee and all its partners, affiliates, associates and suppliers disclaim all warranties (statutory, implied or express). You expressly agree that use of the service, Wellzee is at your sole risk and any advice that may be posted on the service is only for information and entertainment purposes.
- Release of Liability for Injury or Death. Your participation in program or services of any kind through wellness is at your sole risk. Neither wellzee, nor fitness, health, yoga, medical and diet professionals are liable for any personal injury, problem or death that result from such use or participation. Members should consult a physician before beginning use of the service or any program or training session. Please check all equipment and the area in which you are using the service for any adverse or dangerous conditions or environment.
- Our maximum liability in relation to any event or series of related events shall be limited to INR 50/- only.
- Operations, Content & Connectivity:
- You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
- Wellzee is not responsible for any incorrect or inaccurate content posted on or in connection with the service, whether caused by users of the service or by any equipment or program associated with the service.
- Wellzee assumes no responsibility for any errors or acts of omission or commission or any interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Wellzee is not responsible for any technical problems or malfunction (or incorrect or intermittent functioning) of any telephone network, systems, computer online systems, servers, internet and connectivity service providers and platforms.
- Wellzee is also not responsible for malfunctioning of any kind of computer equipment, softwares, failure of email or other service features due to technical problems or traffic congestion. This includes any loss or damage of any kind related to participating in or downloading materials in connection with the service.
- The service, Wellzee may provide, or third parties may provide, links or functionality in Wellzee to other websites or third party resources (“Third Party Services”). Because Wellzee has no control over Third Party Services, you acknowledge and agree that Wellzee is not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that Wellzee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Services.
- Breaches of these terms and conditions:
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- This Agreement will remain in full force and effect while you use any of the services whether paid, paid for (fully or partly) by a third party, gifted or free (through promotions or sign up for free services or products). Wellzee is not required to provide you notice prior to terminating your paid services or membership. Wellzee is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
- Notice: Wellzee may provide you with notices, including those regarding changes to this Agreement, by email or postings on its Service. Notice will be deemed given 24 hours after the email is sent or the posting is done.
- Indemnity: You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any condition of these terms and conditions.
- Variation: We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply to the use of our website from the date of the publication of the revised terms and conditions on our website. To ensure you are familiar with the current version please check this page regularly. If you do not agree with any changes to the Privacy Policy, you may terminate your account ceasing use of the Wellzee.com Service. Your continued use of our services after revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy. In case any unforeseen aspect emerges and not covered under any of these terms and agreements, the final decision will rest with us.
- Assignment: We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- Exclusion of third party rights: These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.
- Severability: If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.
- Entire agreement
- The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
- These ‘terms of service’ and conditions, together with our ‘privacy policy’ and ‘pricing, payments and refunds policy’, constitute the entire agreement between you and us in regard to your use of our website.
- You agree that any cause of action arising out or related services must commence within six months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Jurisdiction: Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of The Republic of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Mumbai, India in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
- Terms of Acceptance: These terms, create a legal contract between you and the company, Abhisti Wellness Services Pvt. Ltd through its website and brand name – www.wellzee.com. By using our services, products and content you represent and warrant that you have read, understood and accepted all the terms and the agreements in its entirety. The agreement consists of Privacy policy, pricing, payments and refunds policy and terms of service.
- For the purposes of this agreement, "you" means any individual who accesses for personal use or on behalf of any other individual; a parent who pays for access to the Company Products as well as any participant, student, instructor, customer, purchaser, or any other User who accesses or uses the Company Products. If you are a parent, guardian, or other person who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
- If you are using or opening an account to use the Company Products on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.