Terms and Conditions
Welcome to https://wellnesson.in/ or WellnessON mobile application. The Platform is owned and operated by Sabka Wellness ON Private Limited (hereinafter referred to as “Wellness ON”).
Last Updated [Jan 2022]
AGREEMENT TO TERMS
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Wellness On (“we,” “us” or “our”) under the Indian Contract Act, 1872 (hereinafter referred to as “Contract Act”), concerning your access to and use of the website mentioned above as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). For the purpose of these Terms and Conditions and including the applicable policies which are herein by way of reference, wherever the context so requires “User” or “he/she” or “his/her” shall mean any natural or legal person who is competent to enter into a legally binding Contract as per the Contract Act. Further, any person who is not competent under the Contract Act to enter into a legally binding Contract including minors (unless their parents/ guardians are accessing it on their behalf who should be competent to enter into the Contract), un-discharged insolvents, persons of unsound mind, etc., as per the Contract Act are not eligible to use this Website.
- The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. Items rendered on this Site may be used by individuals who are below 18 years of age, but payments and all other necessary formalities must be made by persons who are 18 years of age or above. The Site owner reserves the right to terminate the membership and /or refuse to provide the Site User with access to this Site if it is brought to the Site Owner’s notice or if it is discovered that the Site User is under the age of 18 years or is incompetent to enter into a legally binding Contract according to the provisions of the Contract Act.
- You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
- Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
- We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions and to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date of such revised Terms and Conditions are posted.
- The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The compilation of all content on this Site is the exclusive property of Site Owner and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Site is the property of the Site Owner, its affiliates or its software suppliers and is protected by India and international copyright and author rights laws.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use and not for any commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- The Site Owner respects the intellectual property of others. If the Site User is of the opinion that any of the products displayed on this Site infringes his/her copyright, then a request may be made to the Site Owner on the details available on this Site for removal of the said product from this Site. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this Site. The Site Owner may, at its sole discretion, take any action as it may deem fit to them.
- By using the Site, the User represents and warrants that:
- If the User provides any information that is untrue, inaccurate, not current, or incomplete, then Wellness On has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Site (or any portion thereof).
- 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.
- 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.
- The User may need not register himself/ herself to navigate through the Site but is required to register himself/herself on this Site by making an Account on the Site for availing all/some of the services provided by this Site, including, but not limited to renting of the products available on this Site. The User shall be allowed to purchase the products displayed or subscribe to the food plans on the Site or avail any other services of the Site only after registering himself/ herself on this Site.
- The User shall maintain the privacy and confidentiality of the information provided by him/her for registering himself/ herself on this Site such as the password but not limited to. The User shall be solely responsible and liable for the correctness of the details of the User and further the User shall be solely liable and responsible for all use of his/her account and password.
- Wellness On reserves the right to remove, reclaim, or change a username you select if we determine, in their sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- The User may also register by logging into his/her account with a third party social networking sites, including but not limited to, Google, Facebook, etc., the User may choose to link his/her Account with third party accounts, by either providing Site User’s third party account information to this Site or by allowing the Site Owner to access the Site User’s third party account on the social networking site, as is permitted under the applicable terms and conditions that govern the User’s use of each of the third party account on the social networking site.
- The User’s relationship with the Third Party Service Provider associated with the User’s Third Party Account in the applicable social networking site/s is solely governed by the User’s agreement/s with such third party service provider. The Site Owner does not review any of the information provided by the User to such Third Party Account on the applicable social networking site/s for any purpose, including, but not limited to, for accuracy, legality or non-infringement and the Site Owner is not responsible for any information which the Site Owner uses from the Third Party Account.
- The Site Owner herein states and the same is agreed by the User that once a registration has been done, in order to keep the User’s updated the Site Owner provides the information to third party service providers and that some important information such as name, phone number, email, etc., will be provided to the third party service provider in order to keep the users updated and send notifications with respect to their order/ plans. The said information is being provided by the Site Owner only for smooth operation and the Site Owner shall not be held responsible for any misuse of data from these third party service providers and that the said third party service providers shall be sued for any such misuse and under no circumstances can the Site Owner be held accountable/ responsible for the misuse of data if any done by these third party service providers.
- User may not access or use the Site for any purpose other than that for which Wellness On make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written prior permission from Wellness On;
- make any unauthorized use of the Site, including collecting usernames and/or email addresses and/or any personal information of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- use a buying agent or purchasing agent to make purchases on the Site;
- use the Site to advertise or offer to sell goods and services;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
- engage in unauthorized framing of or linking to the Site;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords but not limited to;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tool;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- attempt to impersonate another user or person or use the username of another user;
- sell or otherwise transfer your profile;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- delete the copyright or other proprietary rights notice from any content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- use the Site in a manner inconsistent with any applicable laws or regulations;
- the above mentioned are basic terms for usage and prohibited activities but the same is not an exhaustive list as such are not limited to this.
MOBILE APPLICATION LICENSE
User acknowledges and agrees that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against the User as a third-party beneficiary thereof.
THIRD-PARTY WEBSITES AND CONTENT
- The Site may contain (or User may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by NAAMO, and NAAMO is not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If User decides to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, User do so at your own risk, and User should be aware these Terms and Conditions no longer govern.
- User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which User navigates from the Site or relating to any applications you use or install from the Site. Any purchases User make through Third-Party Websites will be through other websites and from other companies, and NAAMO takes no responsibility whatsoever in relation to such purchases which are exclusively between User and the applicable third party.
- User agrees and acknowledges that NAAMO does not endorse the products or services offered on Third-Party Websites and User shall hold NAAMO harmless from any harm caused by User’s purchase of such products or services. Additionally, User shall hold NAAMO harmless from any losses sustained by User or harm caused to User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
GENERAL AND IMPORTANT TERMS AND CONDITIONS:
- Based on the details provided by the User, Site Owner with the help of a certified nutritionist appointed by the Site Owner/ from the team of the Site Owner shall assign the relevant program suitable to the User, as per our algorithm (For more on the Programs, please visit the services page in our website [please add the direct link here]) (collectively “Programs” and individually “Program”). Under the relevant Program, the Site Owner will provide the levels of food intake, arrived as per our algorithm. In some instances, the food intake will be as per the 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:
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.
- The meal type selected by the User are done solely on User’s own decision, Site Owner does not take any responsibility of any adverse reactions or complications developed during or after meal subscription.
- The User agrees to inform the Site Owner’s representatives of any food allergies or medications or past medical history to be disclosed to Nutritionist at time of consultation.
- The meal subscription is available only to age group between 18 -50 years who are physically active with/without health conditions which can be controlled by medications, dietary and lifestyle intervention and this meal does not suit a critically ill or hospitalised patients.
- It is suggested that the User goes through the information of each meal type before opting for subscription and any queries related prior subscription can be clarified by our in house nutritionist who will be available on [insert phone number or helpline number]
- The Site Owner follows a healthy balanced meal as recommended by the NIN - ICMR and meals are planned by certified Nutritionists. During the course of subscription, if the User follows unhealthy or crash diets, supplements or any other over the counter medications and any adverse reactions developed, Site Owner are not to be held liable. The User consumes the items at its own risk.
- The quality of each ingredients in the recipe, hygiene and sanitation of the kitchen environment are followed as per FSSAI protocol.
- No customisation will be done as per individual choices, if necessary it will done by the Nutritionist only if any health condition or allergy exists.
- Menu will be changed by the Site Owner from time to time without any prior intimation.
- No refund is entertained if there is no expected result or outcome.
- All process of selection of meal type or payments to be done via website only
- In case of any queries or complaints, please write to email@example.com and the Site Owner will resolve it at the earliest based on the nature of the complaint.
- Meal can be paused only specified number of times in a month and further passing will be considered as meal delivered only and the same will be deducted from subscription. Further, no exchange of the User’s meal to family members or friends, who are not a subscriber. If in case any allergic or complications developed to a person consumed the meal other than subscriber Site Owner/ Wellness On cannot be held liable for the same.
- The frequency and preparation method of a the particular recipe (non veg/paneer) are purely determined by the nutritionist team as per the recommended guidelines and all the foods to be consumed within the stipulated time as mentioned by the Site Owner, spoilage of food beyond the particular time is not the responsibility of the Site Owner.
- The Site Owner holds the right to change the price of the product from time to time without any prior intimation.
- Any meal cancelled after the mentioned cancellation period will not be considered and the cancelled meal will be deducted from the total meal to be delivered in the subscription period and in case, the meals are delivered and not accepted by the User due to reasons of non-availability, all charges will be borne by the User.
- The User agrees that once the delivery address is submitted at time of payment of the current subscription it cannot be changed during the subscription course. Further, the Site Owner does not take the guarantee of delivery time in instances such as strikes, bandhs, riots among others as they are third party Vendors who are attached to the Site Owner for delivery. Further, under no circumstances can the the Site Owner be held liable for delayed delivery.
- The Site Owner represents that it does not provide any solution or cure to any health ailments. It is always advised to consult a physician in case of health complications or related queries
- The User may have access to the Site Owner’s application and the details provided by the User at time of sign up are at the risk of the User itself.
- The Site Owner also provides to fitness sessions and upon subscription of meal plans have access tp the said session and it allows the User’s to participate in those sessions at the User’s discretion and any injury if caused or monetary loss if caused which exercising the session cannot be put upon the Site Owner and the Site Owner cannot be held liable for any such losses.
- The User hereby expressly agrees that by signing up with the Site Owner, they can use the User’s success story for their promotions
- The Site Owner provides a Meal Plan for intake of High Protein which helps in repair and regeneration of muscles that are damaged due to extreme physical activity such as lifting heavy weights, muscle training etc. Providing adequate protein in each meal helps in faster recovery of damaged muscles and tissues, aids in healing process and based on the information provided by the User such meal is prepared. Based on the information provided by the User and the plan chosen by the User i.e., only diet chart or along with meals (note: in cases where meals cannot provided the diet chart will be provided and the same will be informed to the User) considering that all information provided is true the Site Owner will calculate the calorie intake for the User on daily as well as weekly basis. Please be informed that the all the computation is based on the data provided by the User and that the User alone is responsible for sourcing of foods/ materials based on the diet chart and that Site Owner/ Wellness On in no stretch of imagination can be held liable.
- This meal plan is for people who involve in muscle training, who wish to increase muscle mass, who are physically more active/ physically stressed and for people who are malnourished or underweight.
- This meal plan is for people with health conditions that can be controlled by medications and dietary modifications and people with health conditions related to lifestyle, hormonal imbalance, and inflammation.
- The Site Owner herein specifically states that the Site Owner/ Wellness On does not capture any details concerning the User’s allergies as such the Users are solely responsible for their well-being and Wellness On cannot be held liable to for any in turn events that might take place due to such allergic reactions. However, wherein the Users specify the items they are allergic with the Site Owner/ Wellness On ensures that the said items are not part of their meal.
- If the User opts for health condition meal it is mandatory to discuss the past and current health status with the Nutritionist appointed by the Site Owner, if failed to do so the User will be responsible for the health outcomes.
- All medical records pertaining to the health condition should be submitted if the User is opting for Health condition meal.
REPRESENTATION AND WARRANTIES
- By accessing the Site/Application, etc.,, the User represents and warrants to the Site Owner, as follows:
- The User is not barred under applicable laws or contract from agreeing to these Terms;
- The User 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
- The User will abide by these Terms and the terms and conditions applicable by implications, in relation to the purchase of Products.
- Site Owner represent and warrant to the User as follows:
- Site Owner is not barred under applicable laws or contract from agreeing to these Terms; and
- Site Owner is duly authorized to consent or agree to these Terms and conditions
WARRANTIES AND DISCLAIMERS
- Site Owner deploys commercially reasonable level of skill and care, while providing their services. Site Owner does not make any specific representations or commitments regarding the products showcased on the Site/application. 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.
- To extent permitted by applicable laws, Site Owner hereby disclaim all liabilities with respect to merchantability or fitness of purpose.
- While, Site Owner provides access to the site/ application on commercially reasonable basis. However, Site Owner does not represent or warrant that the access to the site/ application may be interrupted due to various reasons including telecommunication failure or in pursuance of a government directions etc. In this regard, Site Owner disclaims all claims and liabilities arising from loss arising to the User or claims raised by the User with respect to the said disruption in access to the Platform.
- While Site Owner are confident of achieving the desired results, there are certain key points you need to be aware of, which are as follows:
- 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, site owner does not guarantee the result as Site Owner has no control on what the User consumes in relation to what the User are tracking on the Site/application.
- Site Owner does not offer any chemicals or foods and use complete organic method, by cutting short the food consumption. Hence, Site Owner is not responsible for any side effects or nutritional deficiencies.
- All the nutritional facts, computation and details in our database are approximate. Site Owner has 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, Site Owner simply rely on the nutritional values provided by them, Site Owner does not claim any responsibility for the same.
- 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, Site Owner does not guarantee on the success of the cues and methodologies on the Site/ Application, as executing the methodologies is in the User’s hands.
LIMITATION OF LIABILITY
- Except for wilful misconduct or gross negligence, Site Owner (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 Site/ application. Further, Site Owner shall not be liable for any (a) loss, injury or medical condition, arising from the breach of the User’s obligations or breach of User’s 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.
- Subject to above Clause and to the maximum extent permissible by law, Site Owner’s liability under the Terms shall not exceed, the amount paid by the User for the provision of Services. However, if the loss pertains to the use of the Products, the said manufacturer shall be liable to compensate the User for the loss and not the Site Owner.
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.
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.
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.
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.
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.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms and Conditions and all other policies available on this Site i.e., your use of the Site are governed by and construed in accordance with the laws of India.
- Any dispute or claim relating to products available on this Site or the services rendered by this Site , its enforceability or the termination under these Terms and Conditions and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by Wellness ON. The place of Arbitration shall be Hyderabad and the language of proceedings shall be English. The Site User and NAAMO agree specifically to submit to the exclusive jurisdiction of the Courts of Telangana at Hyderabad, India over any disputes relating to the subject matter, herein.
- Unless, otherwise specified, the products available and the services offered by this Site are solely rendered in India. Wellness On makes no representation that the products on this Site are for use/ available in any other Country/ location other than India. The Site User may choose to access this Site from any other location, other than India, but, he/ she does this in his/ her sole discretion and Wellness On shall not be responsible, in any manner, for supply/ delivery of products ordered from locations, other than India.
Notwithstanding the foregoing, the Site Owner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
having its registered office at
Flat No. D308, Third Floor, D Block,
VasanthiAnandi Apartments, Peeramcheru Village,
Ranga Reddy, Telangana- 500008.
Phone No.: 
Email ID: [firstname.lastname@example.org]