1. DEFINITIONS
1.1. "Wellnessta" means Wellnessta Private Limited, a corporation organised under the Companies Act; authorised to carry on business in India to carry on the business of providing all types of e-commerce services including providing cloud software, buying and selling of solutions and options and related consultancy services either directly or indirectly or through brokers or licensees and also providing franchising and management services, publishing content online, print or any medium in India or outside India either singly or jointly or in Partnership with any person(s) or Body corporate or partnership Firm.
1.2. “Wellnessta Platform” (which includes any of Wellnessta’s websites and mobile applications.
1.3. Third Party Merchants (“TPM”) includes affiliates of Wellnessta and Service Providers which are enabled to list goods or provide services through Wellnessta Platform to Wellnessta Members.
2. ELIGIBILITY
2.1. Member/Guest (“Member/Guest”) must be at least of eighteen (18) years of age to avail of services booked through the Wellnessta Platform.
2.2. In case of minors, the minors shall obtain their parents' or legal guardians' consent prior to participation. By enrolling for Wellnessta, one agrees (in case of a minor, the parent or legal guardian agrees) to be bound by these terms and conditions (“Terms and Conditions)”.
2.3. To register, the Member/ Guest must provide the first name, last name, mailing address, gender and phone number and other details as may be required by Wellnessta.
3. ADMISSION AND BOOKING
3.1. A valid photo identification (“ID Proof”) is required to be present at the time of check-in to avail of the services provided by Wellnessta.
3.2. The identification proofs accepted are Aadhar Card, PAN Card, Driving License, Voter ID Card, and Passport. A Member/ Guest is required to provide the original (“ID Proof”), failing which the Member/Guest shall not be allowed to check-in.
4. CHECK-IN
4.1. The Member/ Guest shall plan to arrive at least 30 minutes prior to the treatment time and check-in no later than 15 minutes before the scheduled service/ treatment time.
4.2 Members/ Guests are required to provide ample time for check-in since wait times can vary, especially on the weekends. As a courtesy to the next scheduled Members/ Guests, a Member’s/ Guest’s treatment shall end on time regardless of the time it begins.
5. RIGHTS AND RESPONSIBILITIES AS A MEMBER/ GUEST
5.1. To enjoy the experience and services entitled to the fullest, Members/ Guests are required to observe the Terms and Conditions, act responsibly and be aware that common sense and personal awareness can help ensure their satisfaction, comfort and safety, as well as that of others.
5.2. It is the Member’s/ Guest’s responsibility to:
5.2.1. Communicate their preferences, expectations and concerns;
5.2.2. Communicate complete and accurate health information and reasons for the visit;
5.2.3. Treat staff and other Members/ Guests with courtesy and respect;
5.2.4. Use products, equipment and therapies as directed;
5.2.5. Engage in efforts to preserve the environment;
5.2.6. Adhere to the published policies and procedures as may be provided or updated by Wellnessta.
5.3. It is the Member’s/Guest’s right to:
5.3.1. A clean, safe and comfortable environment;
5.3.2. Stop a treatment at any time, for any reason;
5.3.3. Be treated with consideration, dignity and respect;
5.3.4. Confidential treatment of the Member’s/ Guest’s disclosed health information;
5.3.5. Trained staff who respectfully conduct treatments according to treatment protocols and the policies and procedure;
5.3.6. Information regarding staff training, licensing and certification
6. SMOKING AND OTHER BANNED SUBSTANCES
6.1. Smoking (tobacco cigarettes), chewing of tobacco and consuming tobacco extracts are not permitted in the premises. In case a Member/ Guest wishes to smoke, he / she is required to connect with the concerned executive at the premises and may only be allowed in designated areas.
6.2. Consumption of alcohol is strictly prohibited on the premises.
6.3. Consumption of any banned substances will be reported to the concerned authorities and the Member/ Guest will be asked to vacate the premises immediately. No refund nor credit facility will be extended in such a case.
7. PETS
Pets may not be allowed in the premises of Wellnessta or TPM service providers. Members/ Guests are required to confirm this information before arrival at the premise.
8. CANCELLATIONS OR NO SHOW
8.1. Members/ Guests may be contacted closer to their check-in time to confirm the arrival status or arrival time through calls or messages. In case, a response is not received or receive a response from the Member/ Guest after multiple attempts, the booking may be put on hold or canceled. In case of availability, Wellnessta will try to reinstate the booking when the Members/Guests contacts back Wellnessta or make a payment through the accepted mode of payment as may be provided.
8.2. If the Member/ Guest is unable to keep to the appointment and needs to cancel their appointment, the Member/ Guest can cancel his or her booking from Booking History in his profile by login in on Wellnessta. Booking Cancellation requests will not be made by calling Customer Care or sending an email to Customer Care. Rescheduling of appointment is not allowed and may be treated as “No Show” and attract cancellation fee as per User Cancellation Policy or User Cancellation Policy for Meditation and Naturopathy Centre. However, the Member/ Guest can raise a request for rescheduling of their appointment by way of calling on telephone number 8956198979 (Monday-Sunday, 10 AM-8 PM) or by sending an email request on email ID [email protected]. Such Rescheduling is subjected to the availability of an appointment with TPM and providing an alternate appointment is not binding on Wellnessta.
9. DAMAGES AND LOST PROPERTY
9.1. Wellnessta reserves the right to charge the Member/ Guest for any damages caused by the Member/ Guest except reasonable wear and tear. This includes breakages, damage to furniture or fixtures, and fittings. Any accidental damages should be reported as soon as possible in order to minimize damage and associated costs.
9.2. Member/ Guest shall maintain hygiene and cleanliness Wellnessta Affiliates or TPM service provider facilities.
9.3. Any lost property, if discovered and found, left behind by Member/Guest will be held for a period of one (1) month. While Wellnessta makes our best efforts to reunite lost property with their owners we accept no responsibility in replacing lost items and encourage Member/ Guests to ensure they have all their belonging before checking out.
10. COMPLIANCE AND TERMINATION
10.1. Wellnessta reserves the right to terminate the treatment/ services without prior notice and take legal actions, if Wellnessta reasonably believes that the terms or any applicable law are abused, misused, or harmful to the interests of another use or obtained fraudulently.
10.2. Any action by Member/ Guest be deemed inappropriate by the Wellnessta, Wellnessta or TPM service providers, or if any inappropriate behaviour is brought to the attention of the Wellnessta, or TPM service provider, it reserves the right, after the allegations have been investigated, to take action against the Member/ Guest.
10.3. Failure to insist upon or enforce strict compliance with these Terms and Conditions by Wellnessta shall not constitute a waiver of any of our rights.
10.4. Certain Wellnessta or TPM service providers may have different policies for specific times during the year which the Member/ Guest shall be required to be abide with. Certain policies are booking specific and shall be informed to the Member/ Guest at the time of booking.
11. PROMOTION AND FEEDBACK
With a view to strive to provide the best to our Member/ Guests and improve our services, Wellnessta, or TPM service provider may reach out to Member/ Guests to get a feedback of their experience through calls or messages and also to explain about various future offers and upcoming promotions.
12. LIMITATION OF LIABILITY
12.1. Nothing in these terms and conditions shall exclude or limit the Member’s/ Guest’s liability for death or personal injury caused by his or her negligence, or for Member’s/ Guest’s liability for fraud.
12.2. Subject to the above, neither we nor any of our agents, licensors or delegates or our or their directors, officers or employees will be liable for any losses incurred or suffered by you, directly or indirectly in connection with:
12.2.1. materials provided to or by or on behalf of Wellnessta being corrupted or inaccurate;
12.2.2. a Member/ Guest being unable for whatever reason to access or use the Wellnessta site or services;
12.2.3. benefits, goods or services provided by TPM;
12.2.4. any acts or omissions by Wellnessta, any other Members/ Guests, or their personnel; or Wellnessta, or other Members/ Guests, acting on materials or communications which purport to have been made by or on behalf of the Member/ Guest but which have been created or sent by (i) a third party purporting to act in the Member/ Guest’s name, or (ii) a person who has lawful access to the services but who exceeds his authority, regardless of whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise.
12.3. Further, neither Wellnessta nor any of Wellnessta's agents, licensors or delegates or its or their directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by the Member/ Guest, whether or not those losses are foreseeable.
12.4. Except as specified in these terms and conditions, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.
12.5. These terms and conditions do not and shall not affect a Member/ Guest’s statutory rights as a consumer.
13. INTELLECTUAL PROPERTY RIGHTS
Members/ Guests 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 Member/ Guests shall not have or claim and shall not at any time in future have or claim any right, title or interest therein.
14. DISPUTE RESOLUTION AND ARBITRATION
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 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.
15. 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.