Wellness We
Terms Of Use
These Terms of Service along with the Privacy Policy (“Terms”) govern your access to and use of the Services by Wellness We, so please read them carefully before using the Services. By accessing and using any of the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use any of the Services.
As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. You as a user are encouraged to read through these terms before utilizing any service provided by Wellness We. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies, and disclaimers of Wellness We, constitute a valid and binding agreement between you and Wellness We.
1. MODIFICATIONS TO SERVICES AND DATA
The Services may change as we add more features and services. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup the data shared with Wellness We as Wellness We have no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.
2. USER CONTENT
You are solely responsible for all information, data, text, photographs, video, messages, or other materials (“User Content”) that you share on the messaging application or email or otherwise transmit or use via the Services, including content shared through the use of the various third-party trackers either built in your phone or which pair up with your phone. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate, or analyze any data or information resulting from the use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of Wellness We, restricts or inhibits any other person from using or enjoying the Services, or which may expose Wellness We or its users to any harm or liability of any type. You acknowledge that Wellness We have the right to remove such User Content, at its sole discretion and without prior notice to you.
You will not use the Services in any way that is unlawful or harms Wellness We, its founders, partners, affiliates, distributors, service providers, and/or any other user of our Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party’s use and enjoyment of the Services.
Wellness We exempt itself from all and any liability arising out of the User Content on the Platform or via the Services that violates any applicable laws, or the rights of any third party.
We welcome your comments, questions, suggestions and feedback about the Platform or the Services (“Submissions”). But be aware that any comments or suggestions you make to Wellness We are non-confidential and become the property of Wellness We, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that you are the owner of the copyright in the User Content that you post on the Platform or any other social media platform or messaging platform. You agree to grant Wellness We a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.
You agree that Wellness We have the authority and sole discretion to remove or take-down User Content that you post on the Platform or any other third-party platform
3. SERVICES CONTENT
The Services may contain content and information such as data, text, audio, video, images (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by Wellness We. A worldwide royalty-free license is granted to you by Wellness We to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the service provided to you by Wellness We under these Terms. The technology and software underlying the Services is the property of Wellness We. You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.
Wellness We names and logos are proprietary to and are owned by Wellness We. Other company products, brand names and logos used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Wellness We. You will not, in any manner, register or attempt to register use any of the Wellness We names and logos or proprietary material unless expressly authorized by Wellness We and/or the relevant third party which is the proprietor of the brand.
All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by Wellness We in the Platform and Services, including copyright in such works, belongs exclusively to Wellness We. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by Wellness We to you in respect to such works.
Wellness We may or may not provide certain instruments or hardware (“Hardware”)to you as a part of the overall Services and to avail the Services. You will only use the Hardware to consumer the Services. Such Hardware has to be returned to Wellness We upon completion of the programs to which you have subscribed or when the Services are terminated.
4. WE DO NOT PROVIDE MEDICAL ADVICE
Wellness We DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION. The Services provided by Wellness We, including information provided through personalized coaching services, do not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by Wellness We. The Platform does not connect users to any registered medical practitioner for the provision of medical services and the Platform is not a technology platform enabling ‘telemedicine’ as defined under the Telemedicine Practice Guidelines dated March 25, 2020.
You should consult with your doctor before making any changes to your prescribed medicine, including making any changes suggested through any of the Wellness We Services. By using the Services, you represent that you have solely decided to participate in the programs, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of partly following/ not following the advice, nutrition changes, training, and other Services provided under this program. Wellness We DOES NOT, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COACH OR ECO-SYSTEM PARTNER. Wellness We DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ECO-SYSTEM PARTNER OR ANY ADVICE PROVIDED. Wellness We WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH OR ECO-SYSTEM PARTNER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF Wellness We FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
5. THIRD PARTY CONTENT
The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Wellness We has no control over such sites and resources and Wellness We is not responsible for and does not endorse such sites and resources. Wellness We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Your use of the third party resources, including third party websites, is subject to the terms of use of the respective third party and Wellness We is not responsible for your use of any third party resources.
Wellness We does not endorse and will not be liable for any content posted by third parties. You must evaluate the accuracy and usefulness of such third party content. Wellness We does not pre-screen content, but Wellness We and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Wellness We to be unlawful and/or inappropriate. Your use of such third party content is subject to the terms of use of the respective third party and Wellness We is not responsible for your use of such third party content.
6. THIRD PARTY SERVICES
The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third party products / services, and / or (ii) bundled with certain third party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products/services availed, and Wellness We will in no manner be liable to any losses you may incur as a result of you using such third party products or services. Their Terms will not apply to your use of such third party products / services.
7. INTERMEDIARY
In respect of the Third Party Product used via the Services, Wellness We is a service provider and would be an ‘intermediary’ and will not be liable for the quality or quantity of the product provided by the Third Party. Being an intermediary, Wellness We has no liability in respect to the Third Party product on the Platform and is not legally obligated to you or any third party to remove or change the service or both unless in accordance with an order passed by a court or a notification passed by a government agency.
8. REPEAT INFRINGER POLICY/ Program termination policy
Wellness We reserve the rights to terminate your subscription to our plans or services if any of the following are observed:
Misconduct of any kind-
- Insulting the staff by rude behavior,
- Derogatory and or uncomfortable communication,
- Unprofessional and inappropriate communication and/or expectations from staff,
- Giving sexual remarks on the staff,
- Sharing of inappropriate content with the staff or partners or the owners
Wellness We may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.
9. DOCTOR POLICY
ALL INFORMATION PROVIDED ON Wellness We advisory SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY WELLNESS We SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Wellness We IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, Wellness We SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY Wellness We SERVICE IS SOLELY AT YOUR OWN RISK.
All types of communications with our experts including chats, emails, audio & video calls are recorded and monitored at the discretion of Wellness We for quality and training purposes.
Wellness We and any advice, tips, recommendations, suggestions etc. given to you by us and/or by your coach and/or any brand ambassador and/or any person associated with Wellness We, on the platform or otherwise, is intended for use only by individuals healthy enough to perform the exercise. While our and our coaches’ advice, tips, recommendations, suggestions etc. consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises etc. should not be misconstrued as medical advice, prescriptions, or diagnosis. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Wellness We and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of Wellness We or any advice, tips, recommendations, suggestions etc. including that of your coach and/or any person associated with Wellness We. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against Wellness We and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the services or advice or consultation of Wellness We and/or any advice, tips, recommendations, suggestions etc. given to you by us and/or any of our coaches and/or any persons associated with Wellness We. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If you are suffering from any physical injury you are required to seek approval from a qualified health care practitioner prior to using Wellness We services or acting on any advice, recommendations, etc. including your coach’s advice. We reserve the right to deny you access to Wellness We or your coach for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
10. WE CANNOT BE SUBSTITUTED FOR YOUR PRIMARY CARE PHYSICIAN
Wellness We coaches and nutritionists and dieticians are not “your” doctor, physician, or healthcare provider. When you participate in a Consult on Wellness We Service, you understand and agree that Wellness We coach and nutritionists, and dieticians are not your Primary Care Physician and you agree not to use Wellness We Service as a substitute for interactions with your Primary Care Physician. Wellness We Service contains Content that may help you identify services or may offer services. Everything on Wellness We Service, including Content accessed or Services provided through Wellness We Service, are for your information and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician or doctors.
11. WE DON’T PROVIDE PERSONAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS
Interactions on Wellness We Service do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use Wellness We Service to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
12. WE’RE NOT FOR USE IN EMERGENCIES
Never use Wellness We Service in a potential or actual medical emergency.
13. WE NEED COMPLETE INFORMATION
Wellness We Services can only advise you based on what you’ve described. Please ensure that you share accurate and complete information.
14. QUALITY ASSURANCE
You understand that information collected through your use of the Services may be reviewed under a Wellness We quality assurance program. The records of the Wellness We Quality Assurance Team are subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.
15. We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition before any drug change.
16. INDEMNITY
You agree to defend, indemnify and hold Wellness We (including its affiliates, its proprietor, partner, and associated third party) harmless from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs, or expenses (including court costs and reasonable attorneys’ fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to violation of these Terms of use of the Platform and / or Services.
17. REFUND POLICY
- The User shall, be able to request for a full refund within 24 hours of paying for the service. They will need to request for a refund by writing to connect@wellnesswe.in.
- If request for refund has been placed after 24 hours of purchasing the service, Wellness We reserves the right to decide the percentage of refund which can vary from 80% to 0% of the paid amount.
- Wellness We reserves the right to deduct the applicable taxes before processing the refund. Such refund will be processed through the payment gateway engaged by us.
- Once the refund has been processed, the customer will not be eligible for the services and products provided by the platform. They will have to place a new order in case they intend to use the services and products provided by the platform.
- Wellness We will not do any cash refund. All the refunds will be processed through the third party engaged by us using the digital payments platform.
- Wellness We reserves the right to keep the payers and user’s details even after processing the refund. Discarding such information is on discretion of the Company.
18. DISCLAIMER OF WARRANTIES
Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Nothing on the site or services should be taken to constitute medical advice or a formal recommendation and we exclude all representations and warranties relating to the services and services content.
Wellness we disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (I) THE SITE, SERVICES AND SERVICES CONTENT; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS OR OTHER SOURCES PROVIDED ON THE SITE OR VIA THE SERVICES; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH SUCH SITE, LINKS OR PRODUCTS OR SERVICES.
Wellness We MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SITE AND SERVICES WILL BE CORRECTED.
You agree that any content accessed / downloaded from the site would be at your sole discretion and you would be responsible for any damage caused to your computer resource or for any loss of your data resulting from you accessing / downloading such content.
19. LIMITATION OF LIABILITY
Neither wellness we nor any third party service providers or product manufacturer or product provider are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the services. Neither wellness we nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit the services content or your personalization settings.
You expressly understand and agree that wellness we will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if wellness we has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) THE USE OR INABILITY TO USE THE SERVICES OR THE SITE OR SERVICES CONTENT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; CONTENT OR INFORMATION YOU MAY ACCESS AND USE (d) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE SITE OR VIA THE SERVICES.. OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WELLNESS WE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these terms of services, your sole and exclusive remedy is to discontinue use of the services.
20. SUSPENSION / TERMINATION OF Service
You agree that Wellness We, in its sole discretion, may suspend or terminate your access to the Services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Wellness We will not be liable to you or any third-party for any termination of your access to the Services.
Upon service termination or suspension, regardless of the reasons, therefore, your right to use the Services or Services Content immediately ceases, and you acknowledge and agree that we may immediately discontinue any consultation or third-party product delivery to you. Wellness We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your services or any other actions taken by us in connection with such services termination or suspension.
21. MISCELLANEOUS
The Terms (including Privacy Policy) constitute the entire agreement between you and Wellness We and govern your use of the Services, superseding any prior agreements between you and Wellness We with respect to the Services. You also may be subject to additional terms and conditions that will apply when you use any third party product recommended or used by Wellness We. The Terms will be governed by the laws of India without regard to its conflict of law provisions. You and Wellness We agree to submit to the personal and exclusive jurisdiction of the courts of Pune, India. The failure of Wellness We to enforce any provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
22. YOUR PRIVACY
Wellness We will collect your personal data and required medical reports through web based electronic forms or website or mobile application and may ask for data (as specified in the Privacy Policy) from you in connection with your access and use of the Platform and /or Services and may be shared with and / or disclosed to third parties. At Wellness We, we respect the privacy of our users and have outlined our collection, storage, use and disclosure of your personal data and registration data in our Privacy Policy. Your acceptance of these Terms, and use of the Platform and / or the Services shall be deemed to constitute your acceptance of the terms of the Privacy Policy.
23. TRANSFER OF SUBSCRIPTION
Wellness We Services is a personalized and customized service to suit your health and fitness needs only. Hence the consultations and recommendations are non-transferable and they cannot be used as a generic advice by someone else.
24. END OF SUBSCRIPTION
At the end of your subscribed plan, you need to renew your coaching services if you wish to continue.
25. ADVERTISEMENT
Wellness We shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform and via the Services.
26. SEVERABILITY
If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
27. SEVERABILITY
You may not assign or sub-license, without the prior written consent of Wellness We, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity. Wellness We may assign or sub-license any of its rights, duties or obligations under these Terms, in whole or in part, to any of its partners, without your prior consent.
28. CONFLICT
In the event, there is any conflict between the terms set out in these Terms, the Privacy Policy, and any other policies and disclaimers applicable to specific pages of the Platform or all or part of the Services, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms, (iii) any other policies applicable to specific pages of the Platform.
29. COMPLAINTS / GRIEVANCES
If you have any complaints or grievances in respect to the Platform, Services and / or Platform Content, Please contact us on connect@wellnesswe.in
If you have any questions or concerns regarding the Terms, Please contact us via email as mentioned in the Wellness We website.