Policies & Procedures

PLEASE READ THESE DISCLAIMER & TERMS OF USE AND THE WELLTHY LIFE MARKETING PVT. LTD. ("WELLTHY LIFE") PRIVACY POLICY, LOCATED AT www.wellthylife.in/private-policy or www.wellnesscart.in/privacy-policy BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES FROM WELLTHY LIFE.

These Terms of Use are an agreement (the “Agreement”) between Wellthy Life Marketing Pvt. Ltd, a Navi Mumbai, Maharashtra based company (the “Company,” “we” or “us”) and you ("you" or "User"). This Agreement sets forth the legal terms and conditions governing your use of this website and each Registered Customer’s, Loyal Customer’s and Business Associate’s Platform and each Web Property (collectively referred to herein as the "Site") and for your purchase and/or use of any Wellthy Life goods, services (collectively referred to hereinafter as, “Offerings”). This Agreement also provides information on how to become a Wellthy Life Registered Customer, Loyal Customer and Business Associate.

Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.

If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to Wellthy Life's product Offerings or as otherwise expressly stated in section Five of this Agreement (Wellthy Life Customer Guarantee).

This Agreement and the Wellthy Life privacy policy (the "Privacy Policy") and any other terms and policies incorporated herein by reference (collectively, the "Other Policies"), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.

Wellthy Life is in the business of Preventive Health Care solutions and does not play any role in the Curative Health Care for anyone who is registered with Wellthy Life. Wellthy Life does not claim to prevent, diagnose, treat or cure any illness or disease. Wellthy Life’s main aim is ‘CREATING WELLTHIER COMMUNITIES” and we do so by creating in-depth and authentic knowledge and awareness about general health, health challenges, preventive health care tips, diet tips, healthy living tips, natural living and such many topics. We also provide certain services like pathology blood test, health trainings, etc. The pathology blood tests that we offer is exclusive for the registered user and not for anyone else. The pathology blood tests that we offer are provided and executed with analysis and reports by the third party and are solely done for the purpose of understanding and gauging the present health condition of the registered user and not for any diagnostic or clinic or medical purposes. We do not share the individual pathology blood test data and findings with anyone except for our panel doctors, dieticians, nutritionists and consultants for analysis purpose only. The third party service provider for this service of pathology blood test will always have access to the individual blood test data and finding since they are the entity providing this service at home. The pathology blood test is not mandatory to be done for the ones who just wish to remain as Registered Customers with Wellthy Life. Whereas ordering the pathology blood test is mandatory for the ones who wish to become Wellthy Life’s Loyal Customers and have access to their own and personalized health panel and trending parameters option for their multiple health reading. The intention to do the first pathology blood test is only to check the present health condition and use the data as starting data for the health panel and trending options. It is mandatory that you do the first time pathology blood test from the authorized service provider of Wellthy Life only by ordering the same online from Wellthy Life website. Thereafter for the regular and periodic blood tests, the user is free to do it from any of the pathology laboratory of his/her choice or do it from Wellthy Life authorized service provider. Please note that after the analysis of the pathology blood test, the reports will be shared with you on email and the hard copy will be sent to you by courier. Thereafter, you will receive a telephonic one time doctor’s consultation explaining you about your blood test reports and the problem areas. After the doctor’s consultation call, you will receive a call from our panel nutritionist / dietician wherein he/she will discuss about your present food intake and suggest you ideal diet chart as per your pathology blood report analysis. Our panel doctors will recommend you the preventive health care remedies to take care of your problem areas. Our panel doctors will not recommend or prescribe you any medicine or product sold by Wellthy Life or any other suppliers. We strongly do not confirm or guarantee any healing, curing, etc for any of the health issue or health ailment that you may have as per your pathology blood test analysis report. We strongly insist upon you to consult your family doctor for any curative advises that you may need to obtain on your pathology blood test reports. It may so happen that your pathology blood test done by our service provider comes out with any finding that may indicate any serious or non-serious medical health issue. We at Wellthy Life strongly disclaim taking responsibility of any false positive or false negative results of your pathology blood test. The entire responsibility of the correctness of your pathology blood test report is with the service provider and not with Wellthy Life. Wellthy Life will always aim for and get contractual association with the best service provider available in the country who is operating on pan India level. To ensure prompt and quality service, Wellthy Life may have multiple service providers to do the pathology blood tests depending on different areas of operations or even in the same area. Wellthy Life will always work on the specially made blood test packages from the service providers for the blood tests which will be made available to the users at best of the discounted price than the market prevailing prices.

Wellthy Life provides to all the Loyal Customers and Business Associates an access to their own health monitoring panel, Electronic Health Records (EHRs) and health parameter trending facility. The intention behind providing this service to take a better control of your self health and be aware of the health issues if any well in time to manage them in much safer way without encountering the sudden health issues arising at advanced stages. For the health monitoring panel, the user is required to fill the basic parameters like Weight, Height, Date Of Birth, Gender, etc and this information will be strictly kept confidential. As a user of this facility, you are required to upload the scanned copies of all the medical records including pathology test reports, diagnostic test reports, radiology test reports, doctor’s prescriptions, allergy reports, past surgical reports, past discharge reports, medical insurance policies, etc that you may wish to store digitally on your panel. Should you need, Wellthy Life can help you uploading these reports on your panel for which you need to share the physical reports or its scanned copies with Wellthy Life customer care department. We strongly recommend not to part away with any of the original report and keep them in your custody for any emergencies or any such needs by any doctors or clinics or hospitals. You as a user will have access to these panels with your login credentials, hence we would request you not to share your login credentials with anyone else.

As a service, Wellthy Life on its website may recommend you on your request the names of the doctors, clinics, diagnostic centers, hospitals, health professionals, fitness trainers, etc for your curative solutions or any sort of consultation you may want to have. These recommendations are only to help you out to locate and identify the required person or service and Wellthy Life do not have any commercial dealing with any such entities in our recommendation list. Wellthy Life do not bear any responsibility about any issues that may rise about the service or product that you may want to buy from any of the recommended entities. The prices and discounts to be offered on the products and services from the recommended entities is solely their own discretion and Wellthy Life do not play any role in this area. Wellthy Life do not undertake any responsibility about the quality, claims, effects, prices, warranties, guarantees, label claims, ingredients, formulation, allergies, side effects, packaging, expiry, returns, refunds, etc for any of the products and services those are provided to you on your request by any of the recommended entities. All the recommended entities are individual business entities and are no way connected, owned by or associated with Wellthy Life. Ordering any of the products and services from any of the recommended entity is solely on the discretion of the user himself / herself.

Wellthy Life website contains various forms of health related content like tips, blogs, e-news letters, diet tips, illustrations, charts, recommendations, information on human anatomy and physiology, information on various medical tests and diagnostic devices, product reviews, etc. While all the content is in the ownership of Wellthy Life, Wellthy Life may not authenticate content in the blogs where different bloggers are given access to put their blogs on our web site. Wellthy Life takes very in-depth and painstaking efforts to research and source the authentic information through its various sources. Wellthy Life never publishes any information which is without any authentic references or legal sources. No user is authorized to duplicate, copy or use any of the content from Wellthy Life website in what-so-ever form for any commercial / non-commercial use.

1. MODIFICATIONS

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement.
  • Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.

From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on the Site by revising the link on the homepage to read substantially as "Updated Terms of Use" for a reasonable amount of time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.

The Site or the Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or Offerings will be subject to this Agreement.

2. ACCESS

You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings.

3. ELIGIBILITY

You represent and warrant that you are eighteen (18) years of age or older and if not so, you are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on this Site (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements.

Wellthy Life products and the Wellthy Life business opportunity cannot be offered, shipped into or sold in any country outside India. Wellthy Life is expanding its sales into other markets, accordingly please check for updates periodically.

4. RELATION BETWEEN WELLTHY LIFE AND YOU

Wellthy Life products and services are sold through Wellthy Life’s network of Registered Customers, Loyal Customers and Business Associates. To purchase Wellthy Life goods or services, you do not have to become a Business Associate. You can just register for free on our site to become Registered Customer and enjoy the products and services at MRP prices. There are no discounts offered to the Registered Customer. Should you need to have your personalized health monitoring panel and trending facility, you need to become our Loyal Customer just by ordering your own blood test at discounted price than the market price. Once a Loyal Customer, you will be offered a flat discount of up to 15% on the MRP of the products and services which may vary product to product and service to service. Once you become a Loyal customer, you are authorized to sponsor other customers and form your own group and earn Referral Incentive as per Wellthy Life compensation plan. If, however, you are interested in starting your own home-based business as a Wellthy Life Business Associate, please see our Business Opportunity section. To become a Wellthy Life Business Associate, you will need to complete the online training of Wellthy Life and get the training completion certificate from Wellthy Life. Once you become a Wellthy Life Business Associate, you will be eligible to get a discount of up to 22% on the MRP of the products or services which may vary product to product and service to service. Once you become a Business Associate, you are entitled to earn all the benefits including the Referral Incentives of the Wellthy Life compensation plan. Wellthy Life may appoint an area franchisee and a master franchise in the designated and demarked areas with pin codes to render better services to the Wellthy Life customers. An area franchisee and the master franchisee is expected to stock the Wellthy Life goods against a security deposit and be a part of the service providing chain in terms of order processing, logistics support, return management, statistics and analysis, etc for which they will be compensated by Wellthy Life as per mutually agreed compensation.

5. WELLTHY LIFE CUSTOMER GUARANTEE

Wellthy Life guarantees the quality of any product which carries the Wellthy Life name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our products satisfactory in every way. However, if for any reason, a retail customer is not completely satisfied with any Wellthy Life product purchased from www.wellnesscart.in , we offer an exchange or a full refund (excluding shipping charges). Simply request a refund from Wellthy Life within thirty (30) days from your receipt of the product by contacting our Customer Service Department at www.wellnesscart.in . This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.

6. YOUR INFORMATION AND YOUR PRIVACY

If you provide information to the Site, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. We will use and maintain any information about you that we collect through the Site in accordance with our Privacy Policy, located at www.wellthylife.in/privacy-policy or www.wellnesscart.in/privacy-policy.

7. USER FORMS

Forums, bulletin boards, chat rooms or other interactive areas that are or may be offered on the Site ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums ("Community Content") is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

We do not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.

You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and we shall not be liable for any use or disclosure of any Community Content.

(a) Restrictions on Use

In consideration for your use of the User Forums and functionality, you agree to comply with the "Community Guidelines" set forth below. Without limiting our other rights and remedies, individuals who violate the following Community Guidelines may, at our sole discretion, be permanently banned from using the Site:

  • Harass, stalk or otherwise abuse another user.
  • Transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Wellthy Life), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion).
  • Transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party.
  • Transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party's use and enjoyment of the Site.
  • Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Wellthy Life, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
  • Transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes or
  • Violate any applicable local, state, national or international law, rule or regulation.
  • Participate in any part of the Site if you are under the age of 18.
  • Transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
  • Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
  • “Frame”, “Mirror” or “Deep Link” any part of the Site or other Offerings without our prior written authorization.
  • Link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.

We do not endorse the Community Content in the User Forums and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum. By posting or uploading Community Content to any User Forum or submitting any other Community Content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called publicity rights or "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.

You agree to indemnify us for any and all third party claims, damages, losses, and causes of action arising from or as a result of your posting or uploading any Community Content to any User Forum or submitting any Community Content to us, or your failure to comply with the Community Guidelines.

8. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE

When using any e-mail address provided to you on or through the Site or other Offerings, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity:

  • Any content that violates the Community Guidelines set forth above with respect to the User Forums or that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights.
  • Any non-public information about any company.
  • Any trade secret or
  • Any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
  • Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient.
  • IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING WELLTHY LIFE’S PRODUCTS, SERVICES OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY.
  • The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Wellthy Life and/or its products and services is prohibited.
  • If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request.
  • Wellthy Life prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.

9. OUR PROPRIETARY RIGHTS

This Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Site by other members, including without limitation by attempting to access administrative areas of the Site. You agree to report any violation of this Agreement by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Wellthy Life, our logo, and the name of the products produced, marketed, sold or distributed by the Wellthy Life, are trademarks and/or service marks of Wellthy Life Marketing Pvt. Ltd., or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.

10. CUSTOMER REGISTRATION

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.

If you register with the Site, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Site issued email address. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site or your Site issued email account using your name in whole or in part. we may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

11. IDEA SUBMISSIONS

We are pleased to hear from users and welcome your comments regarding Wellthy Life’s services and products. Nevertheless, our company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.

If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. We shall have and are irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to this Site or us, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or us shall be our sole property and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by our own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a our actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

12. COPYRIGHTS AND COPYRIGHT AGENTS

Wellthy Life respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Wellthy Life has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Wellthy Life’s Copyright Agent, M/s. Makarand M. Joshi & Company may be reached at legal@wellthylife.in or legal@wellnesscart.in

If you believe that any Community Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Wellthy Life’s Copyright Agent the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • The exact URL or a description reasonably sufficient to permit Wellthy Life to locate where the alleged infringing material is located on the Site.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

13. PROMOTIONS

This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

14. LINKS

Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at +91 22 2789 4866 and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.

15. ERRORS

We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site may be linked for from which the Site may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site is or may be linked.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE OFFERINGS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN RUPEES ONE THOUSAND (Rs.1000/-). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION THE LAW WHICH PROVIDES AND MEANS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this Site do not necessarily state or reflect those of Wellthy Life. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.

The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

17. INDEMNIFICATION

BY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR REGISTERED ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.

18. TERMINATION; MODIFICATION

We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Site (including any Web Property or email address provided by the Site) and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of Wellthy Life. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Site, or upon demand by Wellthy Life, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

19. INDIAN LEGAL ACTS & LAW

We operate the Site in India. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site or other Offerings from locations outside of India, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.

All software used on the Site or other Offerings is subject to Indian export controls. No such software may be downloaded or otherwise exported or re-exported (i) into or to any other country to which India has embargoed goods; or (ii) to anyone on the Indian Treasury Department’s list of Specially Designated Nationals or the Indian Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.

20. MISCELLANEOUS

The jurisdiction for any disputes which may arise between us and you is Navi Mumbai, Maharashtra state. The laws of Indian Territory and State of Maharashtra apply to this Agreement and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any dispute between you and us must be brought before state or judiciary courts located in Navi Mumbai, Maharashtra state within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Navi Mumbai, Maharashtra state, for any cause of action relating to or arising under this Agreement or the Site.

21. RIGHT TO INFORMATION

Residents of India, under the Indian RTI act, have the right to request from companies conducting business in India a list of all third parties, if any, to which the company has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2017 will receive information about 2016 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write Wellthy Life at:

Wellthy Life Marketing Pvt. Ltd.
311, Big Splash,
Sector 17, Vashi,
Navi Mumbai – 400 703.
Maharashtra State, INDIA.

You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.

Please note that any request under this Paragraph will be limited to Wellthy Life's use and disclosure of your personal information. You will need to make the same request of your Wellthy Life Customer or Business Associate if you would like to obtain information about any disclosure that he or she has made of your personal information.

22. ABILITY TO ACCEPT AGREEMENT

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms and conditions of this Agreement.

23. CONTACT US

If you have any questions, comments or concerns about our Site, any Offerings or this Agreement, you may contact us at +91 22 2789 4866.

Last Revised on April 1, 2017. ©2017 Wellthy Life Marketing Pvt. Ltd. All Rights Reserved.