Gift Cards issued by Wellnessta. These terms and conditions (“Terms And Conditions”) apply to Wellnessta Gift Cards (“Gift Card(s)”) issued by Wellnessta Private Limited (“Wellnessta”) Wellnessta is a private limited company organized under the laws of India and is the issuer of Gift Cards. The purchaser may purchase Gift Cards through various options available on www.wellnessta.com or Wellnessta Application (“Wellnessta Platform”) or through Wellnessta’s associated websites, and also use Gift Cards provided by third parties in the manner provided hereunder. By purchasing or using a Gift Card, you are agreeing to and accept these Terms And Conditions
1. REDEMPTION:
1.1. Gift Cards may only be redeemed toward the purchase of eligible products/ services on Wellnessta Platform and any other third party merchants (“TPM”) that are enabled to accept the Gift Cards. Every purchase made with a Gift Card (plus any applicable shipping/ handling fees, taxes, and other fees that may apply) is deducted from the Gift Card balance and any unused Gift Card balance shall remain on the Gift Card account till the expiration date as mentioned on the gift card. Purchases are deducted from the redeemer's Gift Card balance. Gift Card balance shall be used against the total order placed on Wellnessta Platform and not against specific items of such order.
1.2. Any unused Gift Card balance shall remain associated with the redeemers Wellnessta balance account and applied to purchases, in order of earliest expiration date. If a purchase exceeds the redeemers Gift Card balance, the remaining amount must be paid by credit card, UPI, net banking, debit card or available payment options.
1.3. The Gift Cards can be redeemed any time after the purchase on Wellnessta Platform subject to their validity as stated in Clause 5. Invalid or unidentifiable Gift Card numbers shall not be redeemed.
1.4. The Gift Cards will be sent to the Purchaser or who’s name and email ID is provided at the purchase of gift card; through email on their registered email addresses within forty-eight (48) hours of purchasing the same (This accounts for the time required to receive credit for your transaction).
2. GIFT CARD ACCOUNT
To use the gift card, the holder can register on Wellnessta platform or as guest user, one can book a service by entering the code mentioned on the Gift Card at the time of checkout.
3. RESTRICTIONS
3.1. Once purchased, the Gift Card(s), cannot be cancelled. No cancellation or refunded requests shall be entertained.
3.2. Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards and Gift Cards cannot be reloaded or recharged, exchanged, or redeemed together with a coupon or other Gift Cards for the same order or clubbed with any other offer. Except as expressly allowed by Wellnessta, Gift Cards may not be transferred for value or resold. Also, the Gift Cards cannot be clubbed with any other offer(s).
3.3. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or cheques and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment.
3.4. Except as provided hereunder or as per applicable law, amount in your Gift Cards shall not be refunded to you under any circumstances. No refund shall be provided in cash, at any point of time. Unused Gift Card balances may not be transferred to another users account. No interest shall be payable by Wellnessta on any Gift Card or Gift Card balance.
3.5. Wellnessta reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Wellnessta reasonably believes that Gift Cards are abused or used or obtained fraudulently.
3.6. In case of availing any services, standard public etiquettes and TPM / other vendor/ service provider terms apply. QR code or booking ID must be presented with photo ID proof at the outlet at the time of availing the services. Appointments are subject to availability and booking a prior online appointment using Wellnessta Platform is mandatory.
4. RISK OF LOSS/ FRAUD
4.1. The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Wellnessta to the purchaser of the Gift Card. Wellnessta has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting Customer Support.
4.2. Wellnessta is not responsible if card is used without permission. Wellnessta does not warrant that the services and products provided shall be free of interruptions, errors, bugs, viruses or security problems.
4.3. You agree to provide truthful and accurate information during the purchase of Gift Cards. Wellnessta may call for further information and documents from you in compliance to Know Your Customer and Anti Money Laundering guidelines issued by RBI from time to time. In the event the information provided by you, end beneficiary/ Know Your Customer (KYC) details are found to be incorrect/ insufficient, Wellnessta retains the right to cancel or block the Gift Cards issued.
5. VALIDITY AND EXPIRY
Validity Period of a Wellnessta Gift Card is 180 days from the date of issue and the outstanding unused balance shall be forfeited. Unused balance of Gift Cards cannot be transferred to another Gift Card. For TPM Gift Cards on the Wellnessta Platform, their validity shall be applicable as decided by the TPM. Validity of Gift Card cannot be extended under any circumstances, new Gift Cards cannot be provided against the expired/unused Cards.
6. RIGHT TO ADMIT AND OFFER SERVICES
All TPM reserve the right to offer their services as per the guidelines. Services will be offered only to medically fit persons of any age and children fit to undertake the service as may be advised by medical practitioners, certified consultants, parents as the case may be. The decision of the TPM’s staff in declaring a guest fit and eligible to take a therapy is final and binding.
7. LIMITATION OF LIABILITY
Wellnessta does not make any warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift card is non-functional, the sole remedy will be the replacement of such gift card, for the value remaining in the non-functional card.
8. INTELLECTUAL PROPERTY RIGHTS
Members hereby agree, declare and confirm that the goodwill, trademark, design, logo, website, webpage and all intellectual property and other rights in the Trade Name / Trade Description / Mark/s belong and shall continue to belong absolutely to and vest and shall continue to vest absolutely in Wellnessta and the Members shall not have or claim and shall not at any time in future have or claim any right, title or interest therein.
9. GENERAL TERMS
9.1. Wellnessta Terms and Conditions apply to Gift Cards. Wellnessta reserves the right to change these Gift Card Terms And Conditions from time to time in its discretion and without prior notice to you. All Terms And Conditions are applicable to the extent permitted by law. For details check Wellnessta Policies.
9.2. TPM specific rules and regulations, Terms and Condition shall apply on their Gift cards.
10. DISPUTE RESOLUTION AND ARBITRATION
All disputes arising out of this Program shall be referred to arbitration under Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be referred to a sole arbitrator who is on the panel of the Indian Merchant Chamber. The venue of Arbitration will be Mumbai and the language of the proceedings shall be English.
11. GOVERNING LAWS AND JURISDICTION
These Terms and Conditions are governed by and is to be construed in accordance with the laws of the Republic of India. The Courts in Mumbai shall have exclusive jurisdiction.