Fest Membership issued by Wellnessta. These terms and conditions (“Terms And Conditions”) apply to Wellnessta Fest Membership (“Fest Membership”) issued by Wellnessta Private Limited (“Wellnessta”) Wellnessta is a private limited company organized under the laws of India and is the issuer of Fest Membership.
1.1. “Member” means the person or the company who applies for/ gifts a Fest Membership or who is named on the Application for Fest Membership or gift form and for whom, following acceptance, Wellnessta agrees to provide services to, in accordance with these Terms.
1.2. “Membership” means the period of time when a Member is contracted to the Fest Membership.
1.3. “Membership Fee” means the payment made by the Member to Wellnessta to cover membership costs for the Membership Term.
1.4. “Membership Term” means a period of one month or 12 months or as specified in the Gift Fest Membership Form.
1.5. “Wellnessta Platform” (which includes any of Wellnessta’s websites and mobile applications.
1.6. Third Party Merchants (“TPM”) which are enabled to list or sell products and provide services through Wellnessta Platform.
1.7. “Terms and Conditions”: means the terms and conditions of Membership set out below.
2. COMPLIANCE WITH POLICIES
3. CANCELLATION AND REFUNDS
3.1. A member has three (3) working days period from the date of confirmation of the new membership to cancel the subscription without penalty, by visiting your Account and adjusting your membership settings. This is applicable only in case of Membership obtained directly though Wellnessta. Gifted Fest Memberships are non-cancellable and can’t be cancelled.
3.2. In case a member cancel the membership within the abovesaid prescribed period, Wellnessta shall refund the entire membership fee subject to that the member has not utilized any benefits of the Fest Membership or made any purchase since the payment of the latest Membership Fee. In case any benefit related to Fest Membership is availed by the Member before cancellation of membership, no refund will be made.
3.3. Fest memberships redeemed through a Wellnessta gift code or promotional code are not refundable.
3.4. No refunds will be provided unless the above requirements are complied with.
3.5. Once renewal of your membership has occurred, it will still be possible to cancel your membership, but we are not obliged to offer a refund if notice is not given or necessary actions is not been taken.
4. BILLING BENEFITS AND ELIGIBLE PURCHASES
4.1. Fest Membership benefits depend upon inventory availability, order deadlines, and in some cases the billing address. They are limited to certain services/ products sold by Wellnessta (or third-party sellers participating in Fest Membership) on Wellnessta Platform and to certain products on third-party websites or by TPM that offer Wellnessta billing benefits.
4.2. Products eligible for Fest benefits will be designated as such on their service/ product pages. Some special service, product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Fest Membership, the Member will pay applicable shipping charges for the ineligible items.
4.3. Changing or combining orders, or changing your billing/ shipping address, or preferences might affect Fest Membership eligibility. Certain purchases may only be entitled to Standard Billing/ Shipping because of their billing/ shipping/ location characteristics.
4.4. Wellnessta reserves the rights to exclude products with special billing/ shipping/ location characteristics at its discretion.
5.1. Wellnessta reserves the right to accept or reject Membership as per its discretion.
5.2. Wellnessta reserves the right to use a Member’s personal data in the following ways:
5.2.1. to administer your membership and deliver any membership benefits and services;
5.2.2. to send email correspondence in relation to membership status, membership renewal and other membership matters; and
5.2.3. to send regular emails to inform the Member about their Membership, Membership benefits, activities and news, from which the Members will be given the opportunity to ‘Opt Out’.
5.3. Membership is non-transferable and non-transmissible including promotion codes for Fest Memberships or benefits, except as allowed in these terms.
5.4. Members are not permitted to purchase services/ products for the purpose of resale, rental, or to ship to their customers or potential customers using Fest Membership benefits.
5.5. Some Fest Memberships benefits may require certain purchase thresholds, have quantity or billing/ shipping address limitations, or require Members to meet specified criteria in order to access them.
5.6. From time to time, Wellnessta may choose in its sole discretion to add or remove Fest Memberships benefits.
6. MEMBERSHIP VALIDITY AND FEE
6.1. Fest Membership is monthly/ annual and is valid for consecutive 30 or 365 days from the day of joining Membership shall renew automatically for further for a month or 12 month periods provided the original credit or debit card or any eligible mode of payment Wellnessta may have on record, used to make payment remains valid, unless and until terminated in advance in accordance with these Terms. Membership which is gifted under “Gift Fest Membership” option on the Wellnessta Platform will not be renewed automatically on expiry of the gift period.
6.2. The subscription fee shall be paid by credit or debit card or UPI or net-banking or any eligible mode of payment as maybe accepted by Wellnessta. The Fest Membership fee is non-refundable except as expressly set forth in these Terms. Taxes will be applied the membership fee charges for Fest Membership.
6.3. In case of failure to pay the membership fee, Wellnessta reserves the right to suspend the Membership without any notice until payment is received. During the suspension period a member will not be eligible for any Fest Membership benefits.
6.4. If the Member sign up for the Fest Membership through Wellnessta and are billed by Wellnessta, then Wellnessta’s billing terms described below will apply to the Membership.
6.4.1. If all eligible payment methods we have on record for a Member are declined for payment of the Membership fee, the Member must provide Wellnessta a new eligible payment method promptly or the Membership will be cancelled.
6.4.2. If the Member provides a new eligible payment method and are successfully charged, the new Membership period will be based on the original renewal date and not the date of the successful charge.
6.5. If the Member signed up for Fest Membership through a TPM and are not billed directly by Wellnessta, then the billing terms provided by the TPM will apply to the Membership.
7.1. Each time the Member renews its Membership, he/ she will be deemed to accept the Terms and Conditions.
7.2. Unless explicitly notified by the Member about cancellation or that the Member does not intend to renew the said Membership, the Fest Membership will automatically renew using the eligible mode of payment on record maintained by Wellnessta and shall be deemed that the Member authorised Wellnessta (without notice to the Member, unless required by applicable law) to collect the then-applicable Membership Fee and any taxes, using any eligible payment method we have on record for the Member.
8. CHANGES AND AMENDMENTS
8.1. Wellnessta reserves the right to change the benefits that apply to Fest Membership at any time without prior notice.
8.2. Wellnessta reserve the right to change its TPM without prior notice and the decision on services provided shall be final.
8.3. If a Member do not agree to any changes, a Member should not utilise the service and must cancel the membership.
8.4. Wellnessta reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. A Member’s continued use of the site or Services after the posting of changes constitutes their binding acceptance of such changes. In addition, when using any particular services, a Member may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
8.5. In case any changes to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms.
9. TERMINATION OF MEMBERSHIP
9.1. Wellnessta reserves the right to terminate the membership without 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.
9.2. Failure to insist upon or enforce your strict compliance with these Terms by Wellnessta shall not constitute a waiver of any of our rights
10. LIMITATION OF LIABILITY
10.1. Nothing in these terms and conditions shall exclude or limit any person's liability for death or personal injury caused by its negligence, or any person's liability for fraud.
10.2. 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:
10.2.1. materials provided to or by or on behalf of Wellnessta being corrupted or inaccurate;
10.2.2. a Member being unable for whatever reason to access or use the Wellnessta site or services;
10.2.3. benefits, goods or services provided by TPM;
10.2.4. any acts or omissions by Wellnessta, any other Members, or their personnel; or Wellnessta, or other Members, acting on materials or communications which purport to have been made by or on behalf of the Member but which have been created or sent by (i) a third party purporting to act in the Member’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.
10.3. 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, whether or not those losses are foreseeable.
10.4. The total aggregate liability of Wellnessta to the Member for all losses arising out of or in connection with these terms and conditions, the site and the services (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the amount of any fees received from the Member in the latest tenure of the Membership.
10.5. 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.
10.6. These terms and conditions do not and shall not affect a Member’s statutory rights as a consumer.
11. 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 / Marks 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.
12. 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.
13. 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.