1.1. "Wellnessta" means Wellnessta Private Limited, a corporation organised under the Companies Act; authorised to carry on business in India for 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.
1.4. "Account Holder(s)" / “Members / User ”, unless otherwise specified, mean holders of such Accounts on either Wellnessta website / mobile application.
Wellnessta Referral Program (“The Program”) allows Members to earn can reward points / credits / cashbacks/ discounts to use in conjunction with Wellnessta Services, and may also get you additional benefits by referring their friends and relatives who are not registered users of Wellnessta Platform. Wellnessta reserves the right to terminate the Program at any time for any reason.
These terms and Conditions ("Terms") apply to a User's participation in the Program. By participating in the Program, Users agree to use the Program as outlined herein, and consistent with any other terms, Wellnessta may apply to the Program. If the User does not agree to these Terms in their entirety, then he/she cannot register and participate in the Program.
2.1. This Program is void where such referral programs are prohibited. Users who refer other non-users/ non-members of Wellnessta Platform to the program are "Referrers"; those who are referred are "Referred Customers."
2.2. Referrers are may be eligible to receive "Credits" for every qualified referral. Referrers must be:
2.2.1. at least the age of majority;
2.2.2. have an existing, valid Wellnessta user account; and
2.2.3. are otherwise in good standing.
3.1. The Program is valid for the period as may be specified on the Wellnessta Platform and which shall be updated from time to time as may be specified therein. All the referrals are valid for Ninety (90) days from the time the first referral invite was sent.
3.2. Referred Customers should apply within Ninety (90) days from received at the time of referral to be eligible for the Program. Applications received post-Ninety (90) days shall not be considered for referral benefit under the Program.
4. QUALIFIED REFERRAL
4.1. To participate, once the User creates a Wellnessta account, the User needs to follow instructions on the Wellnessta Platform and follow the on-screen instructions to start referring. The user shall be provided a link which he / she can share with his / her friends and colleagues who are non-user or non-members of Wellnessta Platform, without any limits.
4.2. To be valid the Referrer upon the first booking to his/ her Referred Customer and the Referred Customer shall receive the cash-back discount upon meeting the booking criteria. The Referred Customer should have made his/her first booking within sixty (60) days of the registration to be eligible for the offer. The cash-back of 1000 Wellnessta Reward Points to the Referrer will be credited within fifteen (15) days of the first booking.
4.3. Credits for the Referrer is capped at Twenty Thousand (20,000) points per User per financial year.
4.4. The cash-back cap is of Rupees Three Thousand (Rs. 3,000/-) per financial year and is inclusive of all the cash-back earned through the referral campaigns put together in the same financial year.
4.5. Credits are subject to verification and will generally be awarded within fifteen (15) days of verification. Wellnessta may withhold a Credit if it reasonably believes additional verification is required. Wellnessta may also withhold or invalidate any potential it deems fraudulent, suspect, or in violation of these Terms or if Wellnessta in its sole discretion believes awarding a credit or verifying and approving a transaction will impose liability on Wellnessta, its Subsidiaries, Affiliates or any of their respective Officers, Directors, Employees, Representatives and Agents.
4.6. All of Wellnessta’s decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral, or Credit is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be sent via email to registered Referrer's and, except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Credits given under the terms that were valid at the time the Referred Customer signed up for the service.
4.7. Referrers cannot refer existing registered Users of Wellnessta and shall be applicable only if the Referred Customer has been referred at the time of registration.
5. POINT VALUE
One Wellnessta Reward point is equivalent to Rs. 0.20 (or Twenty Indian paisa).
6. REDEMPTION AND DISCOUNTS
6.1. First time redemption can be only made after accumulating 1,500 Wellnessta Reward points. Reward Points can be redeemed only while booking a service with Wellnessta. Wellnessta Reward Points cannot be converted to cash. Points accrued in any Account do not constitute any property of the Account Holder and are not transferable by operation of law or otherwise to any other person or entity and cannot be transferred to, or combined with, any other account. Wellnessta Reward Points cannot be redeemed for buying membership or gift card or vouchers. It can only be redeemed while for bookings various services offered by Wellnessta’s service providers.
6.2. The Referred Customer will receive a discount of Rupees Hundred (Rs. 100) on the first booking (Minimum booking value(cart value) should be more than or equal to Rs. 300 to avail this discount). This discount cannot be clubbed with any other offer or coupons.
If not redeemed, Wellnessta Reward Points in the account will expire after 12 months from the date of earning. For further information, please refer Reward Points Terms & Conditions.
8. LIMITATION OF LIABILITY
8.1. Nothing in these terms and conditions shall exclude or limit Account Holder(s)" / “Members / User liability for death or personal injury caused by its negligence, and or for fraud.
8.2. Subject to the above, neither We nor any of Our Agents, Licensors Or Delegates Or /Their Directors, Officers Or Employees will be liable for any losses incurred or suffered by you, directly or indirectly in connection with:
8.2.1. materials provided to or by or on behalf of Wellnessta being corrupted or inaccurate;
8.2.2. a Member being unable for whatever reason to access or use the Wellnessta site or services;
8.2.3. benefits, goods or services provided by TPM;
8.2.4. 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.
8.3. 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.
8.4. 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.
8.5. These terms and conditions do not and shall not affect a Member’s statutory rights as a consumer.
9. RELEASING FROM LIABILITIES
9.1. By redeeming a Reward/ Credit, the Member releases Wellnessta, its affiliates, subsidiaries, parent or group companies from any and all liabilities to the Members or any guests of the Members regarding the redemption or use of any Rewards, or other participation in the Program.
9.2. Wellnessta does not make any warranties, express or implied, with respect to Credits, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
11. RESERVATIONS OF RIGHTS
Wellnessta reserves the right to modify or amend at any time these Terms and the methods through which Credit are earned. Wellnessta reserves the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. Wellnessta failure to enforce any term of these Terms shall not constitute a waiver of that provision.
12. 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.
13. 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.
14. 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.