[Posted on: November 30th, 2025]
THESE TERMS OF USE (“AGREEMENT”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS AGREEMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF A WEBSITE/APPLICATION/DIGITAL PLATFORM.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS; AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
This Agreement sets forth the legally binding terms and conditions for your access and use of the website and mobile site with domain name www.drinkdash.in (hereinafter collectively referred to as “Website”), and any associated products, applications, or software used for uploading, selling, viewing, and purchasing listed products (the “Services”) offered by Wellpal Essentials Private Limited, a private limited company registered under the Companies Act, 2013, bearing CIN 27AADCW9629B1Z6 and having its registered office at E2A, 4th Floor, The Fifth Avenue Building, Dhole Patil Road, Pune 411001 Maharashtra (“Company”, “we”, “us”, “our”). The Company sells nutraceutical supplements and functional beverages.
The “User”, “you”, “your” refers to any natural person or entity and its authorized users that subscribe to or use our Services, including Account Holders and guest users.
If you visit, browse, or shop on the Website, it is considered as use of this Website. Additionally, when you use any current or future services provided by the Company or purchase from any business affiliated with the Company, you are subject to the guidelines and conditions applicable to such service or merchant.
By accessing or using our Website, you accept this Agreement (on behalf of yourself or the entity you represent), and warrant that you have the authority to enter this Agreement. You may not use the Website if you are under 18 years old. If a minor uses our Services, we assume such use is under parental or guardian supervision.
If you do not agree with any part of this Agreement, do not access or use the Website. Please read this Agreement along with the Privacy Policy available at drinkdash.in/pages/privacy-policy, which is incorporated by reference. By accessing and using the Services, you affirm that you have read, understood, and agree to comply with these terms.
We may, at our sole discretion and without prior notice, update or modify this Agreement, including fees or charges. Updates will be posted on www.drinkdash.in or the relevant product/service page. The “Last Modified” date will indicate when changes become effective. You are responsible for reviewing this Agreement periodically.
Unless stated otherwise, any new features that enhance current services or products shall be governed by this Agreement.
As part of our Services, you may receive updates or upgrades that may automatically download and install on your device. These may include bug fixes, feature enhancements, improvements, or new versions. You agree to receive and install such updates for continued service usage.
You acknowledge that your ability to use the Services may be impacted by regulatory changes. You agree that we may disclose your account or personal information if required by law, regulation, legal process, or governmental request.
By using the Services, you explicitly consent to receiving administrative and promotional emails from the Company. These include account activity, purchases, product updates, and promotional offers.
You may opt out of promotional emails anytime by clicking “Unsubscribe” in our emails or writing to support@drinkdash.in. Offers in promotional emails may change at the Company’s discretion, and the Company is not obligated to notify you of such changes.
1. WHY SHOULD YOU READ THE TERMS OF USE
You should read the terms and conditions set out under this Agreement as they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these terms and conditions carefully in order to understand them. By accessing our Website and using the Services provided by us therein, you agree to accept and be legally bound by these terms and conditions. If you do not agree with this Agreement, you should not access or use the Services we provide on our Website.
2. USE OF THE SERVICES
2.1. Description of the Services:
On this Website, we provide you with access to products including but not being limited to functional beverages that can be purchased at the price mentioned on the Website for the relevant product and on terms contained herein as well as on the relevant product page.
2.2. Placing an order.
You may register yourself on our Website by creating an account and entering your information as may be required for us to set-up your account (“Account Holder”). Collected information shall be subject to our Privacy Policy. You are required to create an account in order to purchase any product from the Website. Upon being an Account Holder, you shall avail yourself of the benefits that an Account Holder receives from time to time on their registered email id. This is required so we can provide you with easy access to print your orders and view your past purchases. The Company does not levy any registration fees for the purpose of registration on the Website nor does it charge any fee for use of the Website. However, the Company reserves the right to levy fee for specific Services or features provided therein. By placing an order, you make an offer to the Company to purchase the products you have selected based on standard Website conditions, merchant specific conditions, and on the terms and conditions stated herein. You may also place an order as a guest, without being an Account Holder. Guest users will be required to provide necessary contact and payment information at checkout. However, guest access does not include benefits such as viewing past purchases, receiving exclusive offers, or accessing personalized services available to Account Holders.
2.3. Management and verification of your account:
You hereby represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and upon any change in the information provided by you, you will update the same on your account setting section of the Website; (c) your use of the Services is and shall be in accordance with applicable law. You may delete your account at any time, for any reason, by following the instructions on the Website. As the Account Holder, you shall be individually responsible for the accuracy and correctness of all such details/information provided during your registration on the Website. If the Company has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with the Terms of Use, then the Company shall be entitled to terminate or indefinitely suspend your account in accordance with Section 16 or block your access to the Website and refuse to provide access permanently or for such period as the Company deems fit.
2.4. Eligibility Criteria:
For any use of the Website, the User hereby represents and warrants of being at least 18 (eighteen) years of age or above and are fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms and conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use. It is agreed that the Company does not have the responsibility to ensure that Users conform to the aforesaid eligibility criteria. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Services that may occur by the virtue of any person including minor registering for the use of the Website.
2.5. Identity Verification:
You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it true, accurate, current and complete at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
2.6. Limits on purchase:
We reserve the right to refuse your order that is placed with us or is being attempted to be placed with us. We may, in our sole discretion, limit or cancel the quantities purchased by you. The refund amount of such cancelled order shall be credited in the manner as laid down in our Cancellation and Refund Policy. In the event that we make a change to or cancel an order, we shall notify you by sending an e-mail on your registered email address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.7. Certain Restrictions:
By using the Services, you represent and warrant that: (i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and (iii) you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
2.8. Account Responsibilities.
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account including all consequences under applicable laws. You agree that the Company shall not be liable for any unauthorized use, unauthorized access or any misuse of your account and to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. You are responsible for safeguarding the passwords to access the Website. The Company encourages you to use strong passwords and change the passwords periodically. Further the user shall ensure safe logging out from the account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.9. Compliance.
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.
2.10. Available Only Where Permitted by Law.
The Services are only available in jurisdictions where they may be legally offered for sale. By accessing or using the Services, you represent and warrant that you are not a person who is barred from accessing the Website as provided on the Services.
3. USER INFORMATION AND ITS USE
3.1. "User Information" and Use
“User Information” refers to any information you provide to us or other users of the Website while making use of the Website, including but not limited to information that is provided by you in the registration process, in the feedback area, bulletin board, WhatsApp or other chat service provided on the Website, through any email feature etc. You are solely responsible for your information, and in accordance with certain features of the Services. Our use of your information is governed by the associated Privacy Policy.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which you do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and/or
(j) creates liability for us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers.
Further, to enable us to use the information that you provide to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use your information, in any media now known or not currently known, in accordance with this Agreement and/or our Privacy Policy.
4. DISCLAIMERS
4.1. Not a Substitute for Medical Advice
The information provided on this website and concerning Company Services is for general informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or other qualified healthcare provider regarding any medical condition or before starting any new dietary supplement. Company products are not intended to diagnose, treat, cure, or prevent any disease.
4.2. Product Usage Guidelines
Company shots and concentrates are nutraceuticals. Unless otherwise advised by a healthcare professional, consume each shot at least 1 hour apart from any other nutraceutical, including other Company variants. Read product labels carefully and follow usage directions.
4.3. Not a Replacement for Whole Foods
Company products are designed to supplement your diet, not replace meals or a balanced diet. They are intended to support general wellness in conjunction with a healthy lifestyle.
4.4. Individual Results May Vary
Results may vary based on individual factors such as age, genetics, diet, and lifestyle. The Company makes no guarantees of specific results.
4.5. Information Accuracy
We strive to provide accurate, up-to-date information but make no warranties as to its reliability or completeness. Any reliance on information from our site is at your own risk.
4.6. Regulatory Compliance
The Company products are manufactured in compliance with applicable Food Safety and Standards Authority of India (FSSAI) regulations.
5. ACCESS TO THE SERVICES
5.1. License
Subject to this Agreement, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal use.
5.2. Modification
We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
5.3. No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
5.4. Ownership
You acknowledge that all the intellectual property rights in the Services and the products sold on our Websites, including but not limited to the copyrights, designs, patents, trademarks, and trade secrets, in the Services and its content are either owned by the Company’s business partners or the Company, its subsidiaries, affiliates or other authorized third-parties. Neither this Agreement (nor your access to the Services) transfers to you or any unauthorized third party any rights, title or interest in or to such intellectual property rights. We, our business partners, our subsidiaries, affiliates or authorized third-parties reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement. The grant of a limited license to access or use of the Website does not confer and does not mean transferring upon anyone the license to use any rights mentioned herein in this Section or otherwise. Further, this does not license for any downloading or copying of account information or content for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
5.5. Attacks On Websites
We cannot prevent or mitigate attacks on the Website and have no obligation to engage in activity in relation to such attacks. In the event of an attack, we reserve the right to take commercially reasonable actions, including, but not limited to, if we confirm that a Service is compromised or under attack, immediately halting its use. We have made no representation and do not warrant the safety of the Services. and you assume all liability for any losses incurred by you from the use of the Services.
6. ORDER OF PRODUCTS
All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
No act or omission of the Company prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
7. PRODUCTS SOLD
7.1. Product Features
We endeavor to display products for sale as accurately as possible. However, since the display of computer monitors, tablets, phones, and screens of other electronic devices may vary, we cannot guarantee that your monitor's display of colour(s) will be completely accurate.
7.2. Pricing Information
The Company strives to provide the User with the best prices possible on products and/or services that the User purchases from the Company. However, we do not guarantee that the price will be the lowest in the city, region, or immediate geographical area. Prices and availability are subject to change without any prior notice to you.
7.3. Cancellation
While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact the User for instructions or cancel the Users order and notify the User of such cancellation. The Company reserves the right to modify the price of the product and contact the User for further instructions using the e-mail address or telephone number provided by the User at the time of registration or while placing an order, or cancel the order and notify the User of such cancellation.
8. ONLINE PAYMENT
All payments on the Website are securely processed through our payment gateway partner. We endeavour to ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by email if we are unable to complete your order.
8.1. Payment Modes
The Company will only collect the amount as printed on the invoice via the following modes of payments.
(a) Cash on Delivery
All Cash on Delivery (“COD”) orders will be verified/confirmed over a message/call/e-mail from the User before being processed by the Company. If the Company is not able to reach the User within 3 (three) attempts, the order will be cancelled automatically. Please note that the Company will send an automatic email on the User’s registered email id informing them of the cancellation of the order. COD will be available only on standard orders below INR 5000 (Indian Rupees Five Thousand). The payments will be accepted only in Indian currency (except denominations no longer in circulation by the government). Selected pin codes may be excluded from COD facility.
(b) Credit/Debit Card
The following cards issued in India may be used for payment:
- Credit cards: Visa, Mastercard, American Express and Rupay
- Debit cards: Visa, Mastercard, Rupay and Maestro
The User agrees, understands and undertakes that the credit/debit card details provided for availing of services on the Website are correct and accurate and the User shall not use the credit/debit card which is not lawfully owned by the User. The User must use a credit/debit card that is issued in their name.
The User’s credit/debit card details will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be held liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on the User and the onus to “prove otherwise” shall be exclusively on the User.
(c) Net Banking
The Company accepts payments through net banking from all major Indian banks. The User may select their bank from the list provided at checkout and will be redirected to the bank’s secure payment gateway to complete the transaction. The Company does not store any net banking credentials. All transactions are subject to successful authorization by the User’s bank. The Company shall not be liable for any payment failures or delays caused due to issues with the banking network or incorrect information provided by the User.
(d) Unified Payment Interface (UPI)
Payments via UPI are accepted through all major UPI apps including but not limited to Google Pay, PhonePe, Paytm, BHIM, and others. The User must enter their UPI ID or scan the QR code provided at checkout to initiate the payment. All UPI transactions are processed through secure and RBI-compliant payment gateways. The Company does not store any UPI credentials. In case of payment failure, the User is advised to retry or use an alternate payment method. The Company shall not be responsible for any delays or failures due to issues with the UPI network or incorrect UPI details entered by the User.
9. OFFERS AND PROMOTIONS
- No two offers and/or codes can be clubbed and used together. The Company may change, modify or remove an offer or code at any time without any prior notice to the User. Such changes shall not be applicable on previous orders.
- Products purchased during sales or on a discount cannot be exchanged or refunded.
- Specific sale offers cannot be clubbed with any other offer, discount or coupon code. In case your order consists of products on sale or discounts and full-priced products, any coupon or discount code will only be applied to the full-priced products. COD orders are subject to order confirmation done via phone call or email. Orders not confirmed could be cancelled.
10. REVIEWS, COMMENTS AND FEEDBACK
The Company may invite or allow Users to provide the Company with reviews, comments, feedback or even suggestions either on the Services or via emails/messages or other channels of communication these comments, feedback or suggestions should not be contradictory to the terms of this Agreement or be in violation of any applicable laws. The Company reserves the right to delete or block any message/email which is in violation of the terms of this Agreement or applicable law. Further, the Company also reserves the right to suspend or deny Users access to the Website in such a scenario. Any messages/emails with feedback, comments or suggestions become the property of the Company and the User may not claim intellectual property protection on such ideas. This implies, the Company reserves the right to exploit exclusively the views/ideas provided by the User.
12. CANCELLATION, EXCHANGE, RETURN AND REFUND POLICY
13. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
13.1 Third-Party Services
You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively referred to as “Third-Party Services”). Such Third-Party Services are not under the control of the Company, the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with the Company. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation. The Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company provides no warranty to the Users for the quality, safety, usability, or other aspects of a product or service that is supplied by a third party vendor and/or for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
13.2 Other Users and Third-Parties
We do not guarantee the identity of any User or other third parties or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users or third parties are solely between you and such Users and third-parties. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions/ transactions. If there is a dispute between you and any User or third parties, we are under no obligation to become involved.
13.3 Release
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third- Party Products and Services).
14. USAGE OF PRODUCTS
The products offered by the Company are formulated as health-oriented supplements and are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. Users are strongly advised to consult a licensed physician or qualified healthcare professional before consuming any product, especially if they have a pre-existing medical condition, are taking medication, are pregnant or nursing, or have any concerns regarding their health. The Company shall not be held liable for any adverse effects resulting from the use of its products without appropriate medical consultation. They are designed to support general well-being and should not be considered a substitute for professional medical advice or treatment. By using this website and purchasing our products, you acknowledge and accept full responsibility for your health decisions and product usage.
The effects of nutraceuticals may vary from person to person depending on age, health status, medications, and lifestyle. While many users may experience benefits, there is also a possibility of adverse effects, including but not limited to:
- . rash, itching, swelling (especially of the face/tongue/throat), difficulty breathing, or anaphylaxis.
- . nausea, vomiting, diarrhoea, constipation, bloating, or abdominal discomfort.
- . dizziness, headaches, fatigue, mood changes, sleep disturbances, or confusion.
- . palpitations, irregular heartbeat, chest pain, or changes in blood pressure.
- . yellowing of the skin or eyes, dark urine, abnormal liver enzyme levels, or reduced kidney function.
- . blood sugar fluctuations, hormonal imbalances, weight changes.
- . joint pain, muscle cramps, dry mouth, visual disturbances, or increased sensitivity to sunlight.
Do not consume any of our products within one hour of taking another nutraceutical or dietary supplement, unless specifically advised by a qualified healthcare professional. Combining supplements may increase the risk of interactions or side effects.
Do not exceed the recommended dosage. Overconsumption may lead to toxicity or unintended health consequences.
Store products as instructed to maintain their efficacy and safety.
You are strongly advised to consult a licensed physician or qualified healthcare professional before using any product, especially if you:
- . Have a pre-existing medical condition
- . Are taking prescription or over-the-counter medications
- . Are pregnant, nursing, or planning to conceive
- . Are undergoing surgery or medical treatment
- . Have known allergies or sensitivities
- . Are under 18 years of age
15. OUR PROPRIETARY RIGHTS
15.1 Proprietary Technology and IP
This is an agreement for access to our products and/or Services, and save and except as provided herein, you are not granted any right, title, interest or license to any software or other intellectual property rights under this Agreement. Our products and Services are based upon our proprietary technology, intellectual property and confidential information and includes Our content. Our products and Services are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. Our products and Services, including all intellectual property rights therein, belong to us or our licensors and are our or our licensors’ property. We own or are deemed to own and retain all rights including, without limitations, copyrights in our content. Our content shall not in any manner be copied, reproduced, modified, published, displayed, uploaded, posted, transmitted, performed, or distributed in any way by you, and you agree not to modify, rent, lease, time-share, loan, sell, distribute, transmit, broadcast, or create derivative works based on our content or our products and/or services, in whole or in part, by any means, except as expressly authorized in writing by us.
15.2 Third-Party Content in Search Results
The search results derived by use of our Services may contain data, information or content that is not ours, and you shall not use such data, information or content unless it has obtained permission from the owner of such content or are otherwise permitted by law.
15.3 Trademarks and Trade Dress
Our names, logos, brands and other marks used by us from time to time are our trademarks and property. The appearance, layout, colour scheme, and design of our website, app, software, Services and products are protected trade dress. Save and except as provided herein, you do not receive any right or license to use the foregoing.
15.4 Feedback and Suggestions
We may use and incorporate into our products and/or services any suggestions or other feedback relating to our products and/or services provided by you, without any payment or condition.
15.5 Modifications to Products/Services
We may add features to and/or modify any of our Services from time to time, in order to improve our products and/or Services and the user experience. Nothing in this Agreement shall prohibit us from making such changes to our products and/or Services. We reserve the right to provide some or all elements of our products and/or Services through use of third party resources.
16. REPRESENTATIONS, WARRANTIES AND COVENANTS
16.1 User Representations and Warranties
You represent, warrants and covenant that: (a) you have the power and authority to enter into this Agreement; (b) you, being a natural person, is at least 18 (eighteen) years of age; (c) you will only access and use our products and/or services in accordance with the terms of this Agreement; and (d) you will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance, as applicable, of our products and/or services, the user data and other data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and your performance hereunder.
16.2 Conditions on Access and Use
Your access to our products and Services is conditioned upon your representations and warranties that he/she/it will not:
16.2.1 Undertake or abet in any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
16.2.2 Use our products and/or services in violation of the terms of this Agreement or any laws;
16.2.3 Copy, modify, create a derivative work from, reverse engineer or reverse assemble our products and/or Services and/or software thereto, or otherwise attempt to discover any source code/algorithm or allow any third party to do so;
16.2.4 Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, Our content or our products or services in any way;
16.2.5 Use or launch any automated system, including without limitation, ‘robots’, ‘spiders’, or ‘offline readers’ that accesses our products and/or Services in a manner that sends more request messages to our servers/systems in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web/mobile browser/applications;
16.2.6 Use our products and/or Services in any manner that damages, disables, overburdens, or impairs any our servers, systems, website, or app or interferes with any other party’s use and enjoyment of our products and/or Services;
16.2.7 Attempt to gain unauthorized access to our products and/or Services or our servers, systems, platform, website, or application;
16.2.8 Access our products and/or Services by any means other than through the interface that is provided by us for using or accessing our products.
16.3 Prohibited Activities When Using Products/Services
You agree that when using our products and/or Services, you will not:
16.3.1 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, libelous, invasive of another’s privacy, racially, religiously or ethnically objectionable indecent or unlawful topic, name, material or information.
16.3.2 Publish, post, upload, distribute or disseminate any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless User has all necessary rights and consents to do so.
16.3.3 Publish, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
16.3.4 Sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold by you, could cause us to violate any law, statute or regulation.
16.3.5 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
16.3.6 Upload file or content that contains viruses, or any other computer codes, worms, corrupted files, or any other similar software or programs that may damage or interrupt the operation of computer systems.
16.3.7 Harm minors in any way.
16.3.8 Impersonate any person or entity, or falsely state or otherwise misrepresent.
16.3.9 Advertise or offer to sell or buy any goods or services for any business purpose.
16.3.10 Upload content that includes phishing (identity theft), pharming, distribution of virus or malware, fast flux techniques, running botnet command and control, network attacks, money laundering schemes (ponzi, money mule, etc.).
16.3.11 Conduct or forward pyramid schemes or chain letters.
16.3.12 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the material contained in a file that is uploaded.
16.3.13 Use our products and/or Services in any manner that could damage, disable, overburden, or impair our products and/or Services or servers or restrict or inhibit any other users from using and enjoying our products and/or services.
16.3.14 Violate any code of conduct or other guidelines which may be applicable for any of our products and/or services.
16.3.15 Harvest or otherwise collect information about others, including e-mail addresses or contact details, without their consent.
16.3.16 Do anything which is in our sole discretion illegal, unlawful, or otherwise inappropriate.
We reserve the right to immediately terminate your access to any or all of our products and/or services for violations of these provisions.
16.4 Restrictions Based on Government Sanctions
We reserve the right to prohibit the use of any of our products and/or services in connection with any specially designated nationals (SDNs) as listed by the governmental authorities or any country designated by authorities such as Office of Foreign Assets Control (OFAC) or such other authority as having limited or comprehensive trade sanctions imposed for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons by the governmental authorities of countries in which we have operations or presence. Access to our products and services may not be legal by certain persons or in certain states or countries or jurisdictions and if you/the User use or access our products and/or services from outside India, you do so at your/its own risk and are responsible for compliance with the laws of India.
16.5 Consequences of Violations
If you violate the guidelines listed above or any other guidelines posted on our products, services, applications or websites or the terms of this Agreement, or if we believe that any conduct or content of yours is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for us or third parties or breaches the terms of this Agreement, then we reserve the right (but are not obligated) to investigate and take appropriate legal action in our sole discretion, including removing such content/user from our products, services, applications or websites, notifying the appropriate authorities regarding the details of such content/user, barring violators from accessing our products, services, applications or websites, and terminating the accounts of such violators.
17. INDEMNIFICATION
You shall to the fullest extent indemnify and hold us and our business partners (and our officers, employees, assignees and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) your use of Third-Party Services. We reserve 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. TERM, SUSPENSION AND TERMINATION
18.1 Agreement Term
This Agreement shall remain in full force and effect while you use our products and/or services.
18.2 User Termination
You may terminate your use or participation at any time, for any reason, by ceasing to use our products and/or services and notifying us. The termination as against you shall not be effective till the time you have complied with all your obligations pursuant to this Agreement.
18.3 Company Right to Terminate/Suspend
We have the right to immediately terminate this Agreement or suspend your access to our products and/or services for any reason or no reason.
18.4 Suspension or Discontinuance of Services
We reserve the right, from time to time, to suspend or discontinue any products and services, in whole or in part, with or without notice. You agree that we will not be liable to you or to any third party for any discontinuance or suspension of such products and services, in whole or in part.
18.5 Suspension for Harmful Activity
If your use of our products and/or services: (a) is being subjected to ‘denial of service’ attacks or other activity that is causing immediate, material and ongoing harm to us or others; or (ii) is being used to engage in ‘denial of service’ attacks, spamming, or illegal activity; or (iii) is causing immediate, material and ongoing harm to us or others, then we may suspend all or any access to our products and/or services.
18.6 No Liability for Suspension/Termination
We are not and shall not be liable to you or to any third party for any suspension or termination of our products and/or services under this Agreement.
18.7 Effect of Termination
Immediately upon termination of this Agreement as provided herein, you shall cease all use of our services and products.
19. PUBLICITY
19.1 Use of Name and Logo
You hereby grant us the right to add your/its name and/or company logo, as applicable (collectively, “Name”), to our user list and website, and to use such Names in our marketing and promotional activities. You will not use our name and/or logo publicly without our prior written consent.
19.2 Links and Compensation
You agree that hot keys, hyperlinks, logos, marks, information may be created / inserted / put on the user pages by us and no compensation of whatsoever nature shall be payable by us to you.
19.3 Electronic Communications Consent
You hereby authorize us to send service related transactional SMS messages, even in the case that your contact number is listed as DND with the concerned telecom regulatory authority.
20. MAINTENANCE OF THE WEBSITE
From time to time, we may take the decision to cease to publish our Services and remove the content from the Services from the Website so that it is no longer downloadable (we refer to the date that this occurs as the “Maintenance”). We will always try to provide you a reasonable amount of notice of the anticipated Maintenance for the Website, whether this notice occurs as a pop-up on the Website or the Company’s social media channels.
21. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event shall the Company be liable for any damages resulting from any use of the following:
(a) Errors, mistakes or inaccurate content;
(b) Personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Services of the Website;
(c) Any unauthorized access to or use of our servers and /or any and all information stored therein;
(d) Any interruption or cessation of transmission to or from our servers;
(e) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party;
(f) Any loss of data or content;
(g) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted or otherwise made available via the Website, whether based on warranty, contract, tort or aby other legal theory;
(h) The disclosure of information pursuant to the terms or our Privacy Policy;
(i) The User’s failure to keep the password or account details secure and confidential;
In no event shall the Company incur any loss on behalf of the User or any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused under any theory of liability, including but not limited to any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
22. GENERAL
22.1 Dispute Resolution
To the maximum extent permitted by law, this Agreement shall be governed by the laws of India without reference to conflicts of law principles, and subject to the arbitration provision below, you hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra in all disputes arising out of or relating to the use of our products and/or services or relating to this Agreement. Any dispute under this Agreement shall be referred for resolution by arbitration by a sole arbitrator appointed by the Company. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and rules and ordinances thereto, as amended from time to time and shall be held at Mumbai (India). You hereby consent to waive to claim personal jurisdiction and venue in the above-referenced courts and agree not to challenge or object to such jurisdiction.
22.2 Notices
Except as explicitly stated otherwise, any notices to the Company shall be given via postal mail to Wellpal Essentials Private Limited and to Users at the email address provided by them to the Company during the registration process. Notice shall be deemed given 24 (twenty-four) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give notice to you by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
22.3 Severability
If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
22.4 Waiver
No waiver for a portion of this Agreement shall waive or affect any other portion of this Agreement. In the event there is a breach by the User of these Terms, and no action is taken by Us in its regard, we remain entitled to exercise our rights and remedies in that and any other situation where a breach occurs by the User. No waiver by the Company of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition listed in this Agreement on any future occasion. Unless provided in specific writing and signed duly by a person authorized by the Company, we shall not be deemed to have waived any rights or remedies provided to Us by the law or the terms of this Agreement.
22.5 Survival of Agreement
This Agreement will survive the termination of your relationship with the Company.
22.6 Emergency Equitable Relief
Notwithstanding the foregoing, either Party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Agreement.
22.7 Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Agreement (i.e., not subject to arbitration).
22.8 Applicable Law
The laws of India excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and the Company.
22.9 Force Majeure
The Company is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; ; poor environment/weather conditions; obstruction of any public or private road/highway; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; pandemic, epidemic; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against and are beyond our reasonable control (collectively, “Force Majeure”). In the event of Force Majeure, we are excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.
22.10 Electronic Communications
The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
22.11 Entire Agreement
This Agreement, together with the Company’s Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
22.12 Grievance Officer
In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, in case of any grievance, objection or complaint on your part with respect to the website or application, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the website or application, you should promptly raise such grievance or complaint with the below designated Grievance Officer:
Grievance Officer: Mr. Sunil Salve
Address: E2A, 4th Floor, The Fifth Avenue Building, Dhole Patil Road, Pune 411001 Maharashtra
DISCLAIMER
THE COMPANY’S WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS '' AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT INCLUDED ON THE WEBSITE. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT USER’S SOLE RISK. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE WEBSITE AND THE SERVERS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND TIMELINES PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES. USER’S USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT THEIR OWN RISK, FOR WHICH THE COMPANY SHALL NOT BE LIABLE. IT SHALL BE USER’S OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY THE COMPANY MEET THEIR SPECIFIC REQUIREMENTS.