Terms of use

Terms and Conditions shall comprise of the following

Terms of use


Terms and Conditions

Welcome to https://wellnesson.co.in/ or Wellness On mobile application (“Platform”). The Platform is owned and operated by Sabka Wellness ON Private Limited (“Company/ We/ Us”). Our principal place of business is at the address specified at https://wellnesson.co.in/contact-us.
The Terms and Conditions shall comprise of the following:
i. Terms of Use; and
ii. Privacy Policy.
These Terms and Conditions (“Terms”) governs your usage of the website.
A. TERMS OF USE

1. About Us

Please find our details and the Service at https://wellnesson.co.in/services

2. Acceptance of the Terms

2.1 You accept the Terms, and agree to be legally bound by the same, by accessing/ browsing the Platform and availing Services through the Platform or installing the Platform on your mobile phone. In the event you do not agree to the Terms, you may close the Platform and stop accessing it or not install or uninstall the Platform. Your continued access to the Platform shall be deemed to be your acceptance of these Terms. Subject to Clause 2.2, provisions of Clause 2.1, shall also apply to the Privacy Policy.
2.2 In the event, jurisdiction where you are situated, require you to provide express acceptance to the Privacy Policy, you shall be required to provide express consent to the Privacy Policy.

3. The Platform

For the purposes of these Terms, the term Platform shall also include associated software, web interface, Application Programming Interface (“API”), processes, network and the ancillary services associated with the Platform including any modifications thereto.

4. Definition and Interpretation

4.1 Capitalised terms highlighted in italics and bold shall have the meaning ascribed to them in these Terms.
4.2 Interpretation
Unless expressly contradicted or otherwise qualified, (i) all references to a person also refer to that person’s successors and permitted assigns, including permitted transferees; (ii) all references to and definitions of any agreement, instrument or statute herein or in any agreement or instrument referred to herein mean such agreement, instrument or statute, as from time to time may be amended, modified, supplemented or restated, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (iii) the headings and titles in the Terms are indicative and shall not be deemed part of the Terms or taken into consideration in the construction of the Terms.
4.3 Notwithstanding anything contained herein:
i. the Terms shall be read along with the provisions of any other agreement or documents executed with respect to the Services between You and Us (“Ancillary Terms”). The Ancillary Terms shall be harmoniously construed with the provisions of these Terms; and
ii. the terms shall not be applicable in the event, You and Us, execute any agreement/ document, not related to the Services.

5. Competence

You confirm that you are:
i. above 18 (Eighteen) years of age, or above the age of majority as per the applicable laws in your jurisdiction;
ii. above 13 (Thirteen) years of age and using it under the supervision of your parent/s or legal guardian;
iii. not of unsound mind and do not suffer from any infirmity which, as per applicable laws, does not entitle you to give your consent to these Terms; and
iv. not prohibited by applicable laws or any contract, from accepting these Terms.
PART A – USAGE TERMS

6. Use of the Platform

We hereby grant you non – exclusive, non – transferable (in any form whatsoever), non – commercial, to install (in case of app)/ access in the case of website and use the Platform solely for the purpose of availing the Services. You shall not use the Platform:
i. For a purpose prohibited under applicable laws;
ii. Copy any document, picture or in general any content on the Platform;
iii. Reverse engineer the executable programs or codes on the Platform;
iv. For an illegal purpose;
v. To cause any interference to the use of Platform by other person;
vi. To introduce any virus or software causing damage to the Platform;
vii. Violate any intellectual property rights pertaining to any third party, or owned by/ licensed to Us;
viii. By acting in a manner which is defamatory, libellous, threatening, or causing harassment to any person including (a) Us, our employees, agents, representatives, consultants or any other person associated with Us; (b) other users of the Platform; or (c) any other person who may or may not be associated with the Platform either as a user or a service provider.
ix. Engage in any fraudulent activities;
x. Use any electronic means to download any data, access any information which you are not authorised to access under the Terms; or
xi. Any other purpose which is impliedly or expressly barred under the Terms.

7. Use of the Platform

7.1 Subject to your adherence to the Terms, We hereby grant You the right to use the Platform, specifically to available the Services and all matter ancillary to the same.
7.2 You shall: (i) not use the Platform through any interface not permitted by Us; (b) use the Platform in adherence to Clause 6.

8. Accounts

8.1 In order to avail Services, you shall be required to open your account on the Platform. You shall be required to provide your name, gender, age, height, weight, email address and mobile number (optional field) for registration.
8.2 You shall have the right to open only one account. You shall ensure and confirm that the account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your account information on the Platform. In the event we have a reason to believe that you have provided inaccurate, wrong, or non – current details; or have opened multiples accounts, we shall have the right to delete your account/s or deny access to the said accounts. Provided we will notify you before deleting or blocking your access to the said accounts.
8.3 You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Us of any unauthorized use of Your Account information 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 may be held liable for losses incurred by Us or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
8.4 You understand, acknowledge and confirm that the Account should be created on individual basis. You shall not be entitled to use the account of any other person to avail Services from the Platform. Use of any other person’s account for availing Services is expressly prohibited.

9. Service Terms

9.1 You may review the procedure of the Services at https://wellnesson.co.in/services
9.2 While creating Your profile, You shall be required to provide your details as specified in Clause 8.1. Based on the details provided by You, We shall assign the relevant program suitable to You, as per our algorithm (For more on the Programs, please visit, the link provided at Clause 9.1 above) (collectively “Programs” and individually “Program”). Under the relevant Program, we will provide the levels of food intake, arrived as per our algorithm. In some instances, the food intake will as per daily limit of calorie intake which is 100% and in certain instances 150% on weekly basis. Food will be graded in scientific formula, which will be graded as per colour, as follows:

S. No.
Grade

Colour

A.

Grade A/ZERO% foods

Green

B

Grade B

Yellow

C.

Grade C

Red

The food specified in Grades A, B and C will differ in terms of the amount of food intake. For instance, there may not be any limit to the food intake of Grade A food. However, kindly ensure that you do not overeat and maintain discipline between meals. Grade C food are the food which you need to reduce or avoid. This category includes fried or fast foods, which as per our system is not healthy.
9.3 In addition to the above, we will also provide Secondary Offerings which are also provided in the link in Clause 9.1. We urge you to please go through the Secondary Offerings in detail.
9.4 You may also note that certain Product/s of ours relate to children. In the event You are not of the age of majority, your parent or guardian including legal guardian in certain jurisdictions shall be required to overview and monitor your progress. In the event you are not of the age of majority in your jurisdiction and still you opt to avail the Services, without any overview or monitoring by your parent, legal guardian, we shall not be liable for the same. In the evet we become aware of you being below the age of majority, we shall have the right to remove your access to Services.
9.5 Based on the analysis of the information provided by you including medical history, if any, we shall evaluate whether we will provide the Services to You. In the event we are not able to provide the Services to You on account of your medical condition, we shall delete your account and intimate you regarding the same. Kindly appreciate that we are an online medium, and we do not have the resources to check your medical condition. Therefore, your representation concerning your medical condition shall be the sole criteria for restricting access to your account.
9.6 As stated above, based on the information provided, we will calculate the calorie intake for you on daily as well as weekly basis. Kindly note that all the computation is based on the data provided by you. While providing the specifics of the food, we recommend you eat, shall be based on the assumption that the food items procured by you are not stale or in any manner not injurious to health. You shall be solely responsible for sourcing of the food materials. Therefore, you shall take due care in arranging for the recommended food products.
9.7 You shall actively track your calorie intake. You agree and acknowledge that tracking of calories intake is fundamental to the progress in terms of weight loss, you are expecting from the Platform. Therefore, in the event you fail to track the calorie intake or in spite of the details arrived post tracking of the calorie intake, We shall not be liable, if you do not see any results of calorie intake.
9.8 We are not doctors or medical practitioners, recognised in your jurisdiction by any name. Therefore, the advise on calories intake is not a medical advise. You shall consult your medical practitioner before or regularly during the period you are availing the benefits of our Platform. In the event you experience any adverse effect on your health on account of weight loss, we urge you to seek medical advise and refrain from using the Platform. Further, you shall not use the Platform if you have any medical condition, which may result in adverse effects or health hazard to you, if you use the Platform.
9.9 Weight loss requires active participation from you, the Platform uses algorithms to effect healthy weight loss. However, you need to track the weight loss on a regular basis. In the event the weight loss is sudden, you shall consult your doctor/ medical practitioner.
9.10 We do not capture any details concerning your allergies

10. Payment

10.1 You shall pay for the Services in the manner specified by Us on the Platform. All the options available to you for the making the payment to Us, is provided at https://wellnesson.co.in/
10.2 You agree, acknowledge and consent that Your financial information, including credit card details may be shared with third parties like banks/ payment gateways etc, for you to complete the payment for the Services and you have no objections whatsoever in sharing your financial information for making the payment to Us.
10.3 Post the completion of payment, We shall provide our invoice for the Services availed by You.
10.4 Kindly note that in certain instances, amount may be deducted from your account, without getting a confirmation from our end. In such instances, we request you to please reach out to us at info@wellnesson.co.in, with the transaction details. Post receipt of the information from you we will check at our end, concerning the payment and advise you. In the event, we receive the payment from you, we will provide the Services, to you. Kindly note that in general, the amount debited is credited back to the account in a period of 7 to 10 days. Kindly appreciate that such instances arise due to telecom issues, issues with the payment gateways etc., which we do not and cannot control. Therefore, we shall not be liable for any loss, injury or claim arising from the any financial loss to you due to reasons beyond our control.

11. Subscription, Cancellation and Refund

11.1 Your subscription will recurring every month and Plan automatically renews on every renewal date, till the date You cancel your subscription. You are entitled to cancel the subscription at least 14 business days prior to the date of the renewal of Your subscription.
11.2 Our subscriptions vary from one jurisdiction to another. Further, the subscriptions are for specified periods of 1, 3 or 6 months. Your will be required to make upfront payment to subscribe. The current subscription model is provided at https://www.wellnesson.co.in Pricing section(“Subscription Model”). We may amend the Subscription Model at our sole discretion. Subject to Clause 11.3, in the event of a conflict between these terms and the Subscription Model, the Subscription Model, applicable on the said date, shall prevail.
11.3 Kindly note that in the matter of subscription and cancellation the terms of Google Play Store and Apple Store will prevail. While, the timelines for cancellation are specified above, the refunds may be subject too the terms of Google and Apple, as the case may be from where You download the Platform. In the event of cancellation, while our endeavour will be to refund the amount within 14 business days of the cancellation, Your payment will be refunded to You, as per the timelines defined by Google/ Apple, the payment gateways, banks and the card associations.

12. Representation and Warranties

12.1 By accessing the Platform, you represent and warrant to Us, as follows:
(a) You are not barred under applicable laws or contract from agreeing to these Terms;
(b) You will abide by these Terms and the terms and conditions applicable by implications, arising from the use of the Platform, the purchase of Products; and
(c) You will abide by these Terms and the terms and conditions applicable by implications, in relation to the purchase of Products.
12.2 We represent and warrant to you as follows:
(a) The Company is not barred under applicable laws or contract from agreeing to these Terms; and
(b) The Company is duly authorised to consent or agree to these Terms.

13. Warranties and Disclaimers

13.1 We deploy commercially reasonable level of skill and care, while providing our services. The Company does not make any specific representations or commitments regarding the products showcased on the Platform. Unless specified for certain class or kinds of products, the description, as provided by the manufacturers of the products shall apply along with the specific warranties provided by the manufacturers.
13.2 To extent permitted by applicable laws, we hereby disclaim all liabilities with respect to merchantability or fitness of purpose.
13.3 While, We provides access to the Platform on commercially reasonable basis. However, we do not represent or warrant that the access to the Platform may be interrupted due to various reasons including telecommunication failure or in pursuance of a government directions etc. In this regard, We disclaims all claims and liabilities arising from loss arising to you or claims raised by you with respect to the said disruption in access to the Platform.

14. Limitation of Liability

14.1 Except for wilful misconduct or gross negligence, We (including our directors, affiliates, employees, consultants) shall not be liable (A) for any loss, damages, harm, cost, claims or expense, including, without limitation, damage to property, personal injury and/or death, loss of profits, loss of business opportunity, revenues, or loss of data arising out of or in any way connected to the your use of the Platform. Further, We shall not be liable for any (a) loss, injury or medical condition, arising from the breach of your obligations or breach of your representation and warranties, under these terms;, or (b) or any other indirect, special, consequential, punitive or exemplary losses, on account of the use of the Platform and the services.
14.2 Subject to Clause 14.1, and to the maximum extent permissible by law, Company’s liability under the Terms shall not exceed, the amount paid by you for the provision of Services. However, if the loss pertains to the use of the Products, the said manufacturer shall be liable to compensate you for the loss and not We.

15. Intellectual Property Rights

15.1 Unless expressly stated herein, We own the copyright in all materials, data, information, software/ program and any other document contained in or a part of the Platform (“Copyright”). Unless expressly specified herein, We have not granted you any license or right to use the Copyright.
15.2 The Company grants the license to you for using the Platform solely to avail the Services and purchase the Products. For the sake of clarity, We do not own any copyright, patent or trademark in the materials, data, information, software/ program and any other document, developed by the manufacturers of the Products and displayed on the Platform (“Third Party IPR”).
15.3 The Company owns trademark, tradenames, signs and other marks (“the Trademarks”) displayed on the Platform. Display of the Trademarks on the Platform does not grant any license to you for using the Trademarks. The trademarks, tradenames, signs and other marks displayed on the Products belonging to third parties shall continue to be owned by such third parties (“Third Party Trademarks”). The Company does not claim any ownership over the Third-Party Trademarks.
15.4 Unless expressly specified herein, You shall not reproduce, adapt, modify, display, perform or distribute any text, program/ software, image or any data in which Copyright or copyright contained in Third Party IPR in any manner whatsoever.

16. External Links

The Platform contains links to third party websites/ apps. The Company does not make any representation or warranty with respect to the accuracy of the information contained in the said websites. Further, We do not represent or warrant that the third-party websites will be free from errors, virus or any computer contaminant which may harm or adversely impact your computer resources. In the event you use access websites by clicking a link or banner on the Platform, same shall be at your sole risk and you shall be solely responsible to comply with their terms and conditions and the applicable local concerning the use of such third party websites.

17. Assignment

Save as otherwise provided herein, the benefits and obligations conferred by these Terms upon each of the Parties are personal to that Party and shall not be, and shall not be capable of being, assigned, delegated, transferred or otherwise disposed of.

18. Force Majeure

The Company shall not be responsible for any delay resulting due to “force majeure” events defined as any event beyond reasonable control of either party including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, Acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government, etc.

19. Entire Terms

These Terms (together with any documents referred to herein) constitute the whole agreement between the Parties and supersedes any previous agreements, arrangements or understandings between them relating to the subject matter hereof. Each of the Parties acknowledges that it is not relying on any statements, warranties or representations given or made by any of them relating to the subject matter hereof.

20. Variation

No variation or amendment to these Terms shall be effective unless in writing signed by you and Us. Provided however, that We shall indicate the amendment to the Terms and Conditions by placing such amendments on the Platform. The Company shall not be liable to individually notify you regarding the amendment of the Terms.

21. Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by any party of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

22. Severability

If any provision or part of a provision of the Terms or its application to any Party, shall be, or be found by any authority of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect.

23. Governing Law and Jurisdiction

These Terms is governed and shall be construed in accordance with the laws of India. Courts in Hyderabad, shall have exclusive jurisdiction over matters and disputes, arising under these Terms.

The Services

We do not believe in impressing and thrusting you with our own diet charts and plans. Your choices and preferences matter. We also believe that you will achieve the desired results only when You follow the Program with Your preferences. The process flow is description of partnership, where our expertise and your actions lead to a beneficial result for you.

1. Understanding the Process Flow

1.1 Understanding the Terrain – Your Food Preferences
A. Once You sign up for the Program, the key step is for You to help us understand Your food preferences. Before commencing the use of Services, You shall provide us Your food preferences on the Platform. As you are already aware that the success of the Plan depends on you providing accurate details, we request you to kindly be diligent in providing the details. Any incorrect detail may lead to unexpected adverse results. Do note that this is an optional step. Since, you know yourself and your body better, it will be helpful, if you spend a bit of your time to provide the details.
B. Being your partners in your endeavour to a healthy body, we always believe in engaging with you at a personal level. We will reach out to You over a call & send sms through a Third-party platform service . We will also reach out to You whether You provide Your food preference in step (A) above, or not.
1.2 Preparing the Roadmap – The Diet Chart
Once we understand Your food preferences and your food plan, we will prepare a diet chart which will accommodate your food preferences. The diet chart is prepared by our own science team. It involves cutting down the food portions and additionally includes GRADE A (ZERO%) recipes.
1.3 Bon Voyage to a Healthy Body
The diet chart is the guiding document which You need to follow. You will need to refer to the diet chart and plan Your meals accordingly to participate in the weight loss program.

2. Our Support

We are with you at all stages of Your endeavour to achieve the desired results. Hence, we support You as follows:

Questionnaires

A. We will post a questionnaire every Monday on the Platform. We urge you to respond to the questionnaire.
B. Simultaneous with Your response to the questionnaire, you will receive a tip for weight loss, topic related to weight loss. These tips and topics are aimed to motivate You to achieve the desired result.
Behavioural Science Sessions
A. These sessions are strategies and cues to help you engage with and follow the weight loss program. Our endeavour is to keep you motivated to use the Platform, follow the Program and benefit from it.

3. Allergens

You need to take care of yourselves and avoid taking foods which cause allergies. We do not collect any details of allergies you may be prone to. Therefore, we are no liable, if you consume any food product/s which cause allergy.

4. Few Disclaimers

While we are confident of achieving the desired results, there are certain key points you need to be aware of, which are as follows:
A. Based on Our internal analysis, a person who uses our program for 3 consecutive months loses at least 2 Kgs per month from 4th month onwards. However, we do not guarantee the result as we we have no control on what You consume in relation to what You are tracking on the Platform.
B. We do not offer any chemicals or foods and use complete organic method, by cutting short the food consumption. Hence, we are not responsible for any side effects or nutritional deficiencies.
C. All the nutritional facts, computation and details in our database are approximate. We have our own mechanism to research and build our food database. Our database and computation relies on details from sources like Institute of Nutrition India, FDA USA, food vendors, manufacturers etc. Since, we simply rely on the nutritional values provided by them, we do not claim any responsibility for the same.
D. Our behavioral science cues and methodologies are purely based on study to help consumer in adopting healthy lifestyle. However, adoption of it, depends solely on You i.e. how You understand and adopt it. Hence, we do not guarantee on the success of the cues and methodologies on the Platform, as executing the methodologies is in Your hands.