Terms & Conditions

USER AGREEMENT

Introduction:

Wellaax.com is an online service that provides wellness solutions to its customers. By using Wellaax services, you are deemed to have accepted the terms and conditions of the agreement listed below, which is, for an indefinite period and subject to change at any time at the sole discretion of the company. Any queries on the terms and conditions of the User agreement can be directly addressed to contact@wellaax.com.We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights:

The usage of this website or its contents in whole or in part, other than for personal or non commercial use is prohibited without the permission of Wellaax.com.The information on website is protected by copyright. The third parties may own copyrights and other intellectual property in respect of the some of the content on the Website. This site is designed, updated and maintained by Wellaax or its licensors and you shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Accuracy of content and product display

Care has been taken to provide accurate data and information, in particular to ensure that prices quoted are correct at the time of publishing and the products have been fairly described. The prices displayed are inclusive of VAT but exclusive of service tax as the service tax rules vary with different services. The weights, dimensions, and capacities are approximate only. There might be a variation from the packaging shown. The colours seen will depend on your monitor display and we cannot guarantee that your monitor display will reflect the actual colour of the product on delivery.

The products/services displayed constitute an invitation to offer. It is however subject to terms and conditions of the user agreement. We may accept or reject your offer in part or in full.Dispatch of all products may not happen at the same time. The portion dispatched is the one that has been accepted, the balance would continue to be on offer with us, and we reserve the right to accept or reject the balance order.

Quantity purchased

We at our sole discretion reserve the right to limit the quantity of items purchased per person/household/order. This can be applicable to the same account/order/debit or credit card or the shopping address. The customer will be notified should such limits be applied. We also reserve the right to prohibit sales to anyone we may deem fit.

Pricing:

While we will provide accurate pricing information, however pricing or typographical errors may occur which cannot be confirmed until you order. In such cases, we shall have the right, at our sole discretion to refuse or cancel the orders, unless it is already dispatched. In the event of mispricing, we may at our sole discretion contact you and notify you of cancellations if any. We reserve the right to modify the price. The same will be informed to you through email/phone or other contact details provided by you. In case of cancellation, the payment processed will be reversed to your credit/debit card account.

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

Refund Policy

In case of cancellations of orders or in any other relevant case where a refund is applicable, the minimum days for the refund to take place will be 10 days from the date of order cancellation.

Restrictions on website usage:

The website shall not be used for the following purposes

• Circulating or distributing any illegal, harassing abusive ,threatening, harmful ,vulgar or otherwise objectionable material

• Transmitting material that constitute criminal offence,or breaches any relevant laws,regulations or code of practice

• Obtaining unauthorized access to computer /network systems and/or disrupting networks connected to the website

• Transmitting, storing or making copies of copyright protected material without the owner’s permission.

• Disturbing or interfering any persons usage of the website

• Breaching applicable laws

You are not given the permission to host, display, upload, modify, publish, transmit information on the website that

• Belongs to another person and to which you don’t have a right to

• Is harmful,harassing,obscene,pornographic,racial,ethinically objectionable, paedophilic, libellous ,invasive on another’s privacy , encourages money laundering or gambling, or otherwise unlawful in any manner whatever

• Is harmful to the minors in any way;

• Infringes any patent, trademark, copyright or other proprietary rights;

• Violates any law for the time being in force;

• Misleading the addressee or miscommunication of any information which is grossly offensive in nature

• Impersonate another person;

• Any software that contains virus, computer codes, files or programs that can interrupt, destroy or limit the functionality of any computer resource including the website

• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;

• Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence, prevents investigation of any offence, or is insulting any other nation.

You are also prohibited from:

• Violation or an attempt to violate the integrity or security of the Website or its content;

• Transmitting any disruptive information through website including posts, messages and hyperlinks

• Purposefully or intentionally submitting incomplete, false or inaccurate information

• making any unsolicited communications to other users of the Website;

• using tools, agents or mechanism such as spiders, robots, avatars or intelligent agents to navigate or search the Website;

• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

• Duplicating or copying website content or any information available on the website

• framing or hotlinking or deeplinking any content on the Website.

• Sending unsolicited email, including promotions and/or advertising of products or services; or

• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

Privacy:

You have voluntarily provided us information, including personal sensitive information. You reserve the right to withdraw consent at any time in accordance with the terms of this User agreement but note that the withdrawal will not be retroactive. You reserve the right to update or edit the information you provide to us but a copy of the original information will be kept by us in the archives.

As per the communication standards on the internet we receive the URL of the site from which you came and the site to which you are going ,the Internet Protocol address, computer operating system ,web browser and the name of your internet service provider which can be used to analyze overall trends and improve our service.

The website uses cookies that can store certain data(that is not sensitive personal data) that can be used for technical administration, R&D. We may allow authorized third parties or recognize a unique cookie to optimize our services to you.

We may keep a record of the telephone calls made by you for making inquiries or for any other purpose. We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.

We are not responsible or liable for any damages or viruses that may infect your equipment while browsing the website or downloading any of its content. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. We don’t have control over sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of its usage. We encourage you to read the privacy policies of that website.

We value the privacy of the information provided to us which will not be shared without your permission unless required by law. However we may share the aggregate findings and details with advertisers,sponsors,investors,strategic partners to help grow our business without your approval.

We do not disclose any personal information or your account credentials to advertisers and for other marketing and promotional purposes.

Refusal of service:

We reserve the right to refuse/cancel/suspend services to anyone anytime, if any technical problem corrupts the security or administration of the service.

Termination

The user agreement is effective unless terminated by either of us. You can inform the same to us in writing though Indian postal system that you do not wish to be associated or discontinue any further use of the website. We can do so without prior information and notice. However, you shall not cancel your obligation to pay for the product already ordered from the website before the termination.

Financial Details

You agree, understand and confirm that the credit/debit card details provided by you for availing the services are correct and authentic and you shall not use any financial facility not owned by you lawfully. The information provided to us is received directly by the acquiring bank and not by us. In case of any fraud, we are not liable, the liability for use of a card frequently will be on you, and the responsibility to prove it otherwise shall be exclusively on you. We reserve the rights to initiate legal proceedings against such persons who use the website fraudulently or breach of these terms and conditions in accordance with applicable laws.

Communication

The website communication is electronic and you consent to receive mails from us electronically. You agree that such communications which are done electronically like agreements, notices or disclosures satisfy the legal requirements that such communications be in writing. While providing contact details like phone number and email you consent to receive communication related to your order/request or any relevant communication.

Copyright & Trademark:

Our licensors, our suppliers and we reserve intellectual property rights of all technical, content related and administrative aspects of the website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights.All rights including copyrights are owned and licensed by us. The Wellaax names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Wellaax or licensed to Wellaax. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. The content on the website to be used only as a shopping resource and to use it for any other purpose is strictly prohibited. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. All software used on this Website is the property of Wellaax or its suppliers and licensors and protected by copyright laws.

Objectionable Material:

You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore. All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless Wellaax, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Wellaax or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws. This clause shall survive the expiry or termination of this User Agreement.

User generated content

All data submitted to us on or by this website shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Eligibility to use:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.

Limitation of Liability and Disclaimers:

You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Wellaax, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Entire Agreement:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.