This document is an electronic record in accordance with the Information Technology Act, 2000, and its associated rules, as applicable, including any amendments pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. INTRODUCTION
a) These terms of service (“Terms”) govern your use of or access to an internal portal available at https://4uwell.com/ on a computer or mobile device (“Website”), as well as the “4uwell” mobile application (“App”), and the associated Products and Services (as defined below). The Website and App are collectively referred to as the “Platform.”
b) These Terms include any rules, guidelines, policies, additional terms, or disclaimers that we may make available or issue from time to time. Such rules, guidelines, policies, additional terms, or disclaimers shall be deemed incorporated into and considered an integral part of these Terms.
c) These Terms constitute a binding and enforceable legal contract between AVE Food & Beverages Pvt. Ltd., (4UWELL) with its corporate address at No.4, Mathrushree Enclave, 2nd Floor, jigala Cross, Sarjapura Road, Attibeli Hobli, Anekal taluk Bengaluru - 562 107, INDIA, referred to as (“4UWELL,” “we,” “us,” or “our”) and you, the end user of our Products or Services (“you”). You represent and warrant that you (i) have the full legal capacity and authority to agree to and be bound by these Terms, and (ii) are of the age of majority or older in accordance with Indian law.
d) By browsing, accessing, or using the Platform, as well as by using or availing the Services or purchasing the Products, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements outlined herein. If you do not agree to any or all of these Terms or do not comply with the requirements, please refrain from accessing or using the Platform, purchasing the Products, or utilizing the Services. Your use of the Platform is offered to you, subject to your acceptance of all the terms, conditions, and notices contained in these Terms, including applicable policies incorporated by reference, along with any amendments or modifications made at our sole discretion and posted on the Platform. This may also include the imposition of additional charges for access to or use of certain services.
e) The Platform is operated, and the Services and Products are offered in compliance with the laws of India. If you access our Services from locations outside of India, you do so at your own risk and are solely responsible for ensuring compliance with applicable local laws. We make no representations regarding the appropriateness of the content on the Platform for use or access outside the Republic of India. Users accessing the Platform from outside the Republic of India do so at their own risk and are responsible for compliance with the laws of their jurisdiction. These Terms do not constitute, nor may they be used for or in connection with, any promotional activities or solicitations by anyone in jurisdictions where such activities or solicitations are not authorized, or to any person to whom it is unlawful to promote or solicit. If you use any third-party websites or the products or services of any third party, you may be subject to additional or alternative terms and conditions of use and privacy policies.
f) We reserve the right to change or modify these Terms, as well as any policy or guideline of the Platform, including the Privacy Policy, at any time and at our sole discretion. Any changes or modifications will take effect immediately upon posting the revisions on the Platform, and you waive any right to receive specific notice of such changes or modifications. However, we will inform you of these changes within the timelines specified under applicable laws. Your continued use of the Platform or Services will confirm your acceptance of any changes or modifications; therefore, we encourage you to review these Terms and applicable policies frequently to understand the terms and conditions that apply to your use of the Platform and the Services.
2. OUR SERVICES AND PRODUCTS
a) Services: The Platform allows you to access and purchase the Products, connect with Dieticians or Nutritionists through chat features or calls, undertake paid consultations and obtain health assessments, receive diagnoses/feedback, get access to 4UWELL Products, get Product recommendations, avail customized plans, receive free trials of the Platform, track your health progress, and any other services as may be made available by us on the Platform from time to time (all the services described here, including the provision of the Platform and its features, collectively constitute the “Services”).
b) Products: The Platform facilitates online purchase of a wide range of health-related food products like nutraceuticals and food supplements etc. (“Products”) sold by 4UWELL from its licensed premises. The Products may be eligible for returns or exchanges in accordance with our Return, Refunds and Cancellation Policy.
c) Sale of Products –
i. Listing and displaying a Product by us on the Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platform by you is your offer to buy the Product(s) from us.
ii. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
iii. We only accept your offer and conclude the contract of sale for Products ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
iv. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
v. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
vi. Please note that we dispense Products only in quantities which correspond to requirement as per the e-prescription.
vii. All orders placed on the Platform are subject to the availability of such Products, our acceptance of your offer as per the above and your continued adherence to these Terms and other conditions as may be specified under applicable law.
viii. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
d) Purchase and Shipment of Products: We reserve the right to refuse any order for Products you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. All Products shall be prepared for shipment in a manner that is adequate to ensure safe dispatch and arrival. Please note that there may be delays in delivery due to reasons beyond our control as detailed in Section 9(k). We will not be responsible for delays in delivery due to reasons beyond our control. You will receive all notifications by e-mail and SMS regarding the order details and the probable dispatch date.
e) Supplements Delivery: The Products shall be delivered by us or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by us, shall be your agent for the delivery of the Products to the address notified by you, with no control over the Products and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier / delivery personnel acts as your agent. The services are being undertaken by your agent with your consent and therefore we are merely facilitating this and will have no liability or responsibility in this regard.
f) Terms for Availing Customized Plan:
a. 4UWELL provides an online portal to the users for availing weight loss diet solutions and services by facilitating a customized plan for the users from nutritionists or dieticians pursuant to variety of tests to assess a client’s nutritional status, including, consultation and further diagnosis (“Customized Plan”)
b. The users who intend to avail themselves of a Customized Plan have to take a online test on the Platform (“TAKE THE QUIZ”). The users have to answer a series of questions consisting of health-related information. The users may also be required to provide additional information such as food habits, lifestyle habits, diagnostic test reports, family medical history, health issues etc. depending on a case-to-case basis. The user understands and agrees that the user has to provide accurate, correct, true and up-to-date information during the Online Test and otherwise.
c. Pursuant to the Online Test, the users are suggested a Customized Plan. Once the user confirms, we proceed to get the payments in relation to the Customized Plan. Please note that the delivery of the Products further to Customized Plan is contingent on the review and approval of your Customized Plan by a registered Nutritionist or such other professionals as may be required. As stated above, the contract of sale will get complete only when the Products are shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched.
d. The Customized Plan shall contain instructions for the user to follow along with the Products that are to be consumed by the user, the dietary and lifestyle habits that the user will have to follow etc. After the delivery of your Customized Plan, a nutritionists or dieticians may also reach out to you to help you understand the Customized Plan, guide you on how to take the Products and any other instructions that you may have to follow during your course.
g) Terms for Online/Tele Consultation -
a. We facilitate provision of health and wellness products and services to the users. The words “healthcare professionals” or “nutritionists” or “dieticians” or similar words on the Platform, shall mean any registered or licensed practitioner or professionals with whom the client has a relationship. Any consultation services availed through the Platform are fulfilled by inhouse healthcare licensed professionals.
b. We hereby explicitly state that we do not provide any kind of telemedical consultation to the users/You. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to you on the Platform should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by you directly from the doctor.
c. it is your responsibility for ensuring that the information submitted is accurate and we shall not make any effort to validate any information provided by you for using the Services. We make no warranty that the Services will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by our employees. 4UWELL is not responsible for transmission errors and corruption of data.
d. NO DOCTOR-PATIENT RELATIONSHIP: 4UWELL does not replace your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
e. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Platform or while availing Services (including Information provided in direct response to your questions or postings or communications/discussions with nutritionists/dieticians/healthcare professionals) may be provided by individuals in the medical, health and wellness profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Platform should be used for information purposes only.
f. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore, we strongly discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Platform.
g. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the medical practitioners through the Platform are solely the individual and independent opinions and statements of such medical practitioners and do not reflect the opinions of 4UWELL, its affiliates.
h. The exchanges between the healthcare practitioners and the users through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to 4UWELL for the purposes of monitoring the quality of the consultation and for providing the Products and Services.
h) Additional Terms -
a. Due to certain exigencies and/or factors beyond the control of the Company, the calls pre-scheduled for the user may be rescheduled or postponed by us or the medical practitioners. Communication in relation to such rescheduling or postponement will be sent by us to the user, wherever possible. The users are required to adhere to the prescription/instructions received in the Customized Plan in relation to the dosage, duration, and/or mode of consumption (“Essential Directions”). However, in a rare situation where a user feels that different directions/instructions have been provided in relation to the Essential Directions, the user should immediately escalate the issue along with the relevant details to : Email Address: info@4uwell.come, or at Mobile Number: +9188 7047 7047.
3. ELIGIBILITY OF USE
a) Use of the Platform is available only to individuals who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are considered "incompetent to contract," including but not limited to minors and undischarged insolvents, are not eligible to use the Platform. Additionally, Products will not be available to any users who have been suspended or removed from our system for any reason. If you do not meet these qualifications, you will not be permitted to request Products or Services through the Platform.
b) By accessing and using the Platform or availing yourself of the Services, you represent that you are an Indian national located in India, are of legal age to form a binding contract, and are not barred from entering into a contract under applicable laws in India. If you are under the age of eighteen (18) years, you may avail yourself of the Services through your legal guardian in accordance with applicable laws. We reserve the right to cancel your account and/or refuse access to the Platform if we become aware that you are under the age of 18.
c) We also reserve the right to refuse access to the Services to new users or to terminate access for existing users at any time without providing reasons for such actions, and you shall have no right to contest these decisions. You are allowed only one active account and are prohibited from selling, trading, or otherwise transferring your account to another party.
4. ACCOUNT CREATION
a) To use certain features of the Platform, avail the Services, or purchase the Products, you must register with us and create an account (“Account”).
b) You are solely responsible for: (i) maintaining the confidentiality of your Account and password, as well as restricting access to your device; (ii) all activities that occur under your Account or password. You agree to notify 4UWELL immediately of any unauthorized disclosure or use of your Account or any other security breach; (iii) ensuring compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations, and guidelines as may be notified from time to time; and (iv) logging out of your Account at the end of each session. We are not liable for any loss or damages resulting from your failure to maintain the confidentiality of your Account or password.
c) You warrant that all information provided in connection with your Account is complete, up to date, accurate, and true. You agree to promptly update your details on the Platform in the event of any changes. You will be responsible for maintaining the confidentiality of your Account information and are fully accountable for all activities that occur under your Account.
d) The transaction and delivery of the Products or Services may also be subject to procedures outlined in the Terms, uploaded guidelines, rules, additional terms of service, or other disclaimers and notices (“Additional Terms”). In the event of a conflict between the Terms and the Additional Terms, the Additional Terms will take precedence concerning that service.
e) We cannot be held liable for any loss or damage arising from your failure to comply with these terms. You may be held responsible for any losses incurred by us or other users or visitors to the Platform due to unauthorized or authorized use of your Account resulting from your failure to keep your Account information secure and confidential. The Platform may allow restricted access for unregistered users. The use of another user's Account to avail the Services or Products is expressly prohibited. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such information, we reserve the right to suspend or terminate your Account and refuse any current or future use of the Platform.
f) You confirm that you are the authorized holder of the credit card or any payment instrument, or the original Account holder used in transactions made using the Platform. We will not be responsible for any financial loss, inconvenience, or mental anguish resulting from the misuse of your ID, password, credit card number, or Account details while using the Platform.
5. PAYMENT TERMS
a) Accuracy: Subject to applicable laws, prices are subject to change by us without notice to you. We strive to provide accurate product and price information; however, pricing errors may occur from time to time.
b) Full Price: Unless otherwise stated at the time of checkout, you agree to pay the full price of the Product and/or the Services. Offers and discounts will be offered at our sole discretion. We reserve the right to refuse or cancel applications of offers and discounts for your order.
c) Wrong Pricing: We cannot confirm the price of the Product and/or the Service until you place an order. If a Product/Service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product/Service, unless the Product/Service has already been delivered. In the event that an item is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information page on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may vary between the time you place it in your shopping cart and the time you place the order. The price as applicable at the time of placing order shall be final.
d) Returns/Cancellation: Your eligibility for returns/cancellation will be in accordance with our Returns, Refund and Cancellation Policy.
e) Taxes: The prices/fee are exclusive of applicable taxes. These shall be added to your invoice at checkout as applicable. Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We shall in no way be responsible for any of the taxes except for our own taxes.
f) Shipping or any other additional charges: Shipping or any other additional charges (if applicable) are automatically added to your invoice as per standard rates and shall be displayed on the Platform.
g) Further:
a. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between you and 4UWELL
b. Refund shall be subject to user complying with these Terms.
c. We reserve the right to refuse to process orders/requisitions from users with a prior history of questionable charges including without limitation breach of any agreements by user with us or breach of any policy.
d. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s) by you. You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
e. Security Measures- The payment made for every transaction is done through API integration. Moreover, you may also check our Privacy Policy to understand how we use the confidential information provided by you.
f. Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving us.
h) Payment Processor: In order to process the payments for your orders, we may require details of your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and we are not responsible for any loss or damage caused to you/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond our control. We use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. We shall not be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
6. THIRD PARTY SERVICES
a) The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
b) 4UWELL makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. YOUR RESPONSIBILITIES
a) You represent and warrant that all information that is provided on/through the Platform or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services or the Products. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to 4UWELL’s notice. 4UWELL does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, untrue, or misleading, or if you fail to disclose any material fact.
b) You shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
c) You shall extend all cooperation to 4UWELL in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
d) You shall not use the Platform or avail, the Services/Products in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
i. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
ii. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, duplicate, sell, resell, store, transmit, post, translate, create any derivative works from, or license the Services;
iii. use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
iv. use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
v. engage in the systematic retrieval of content from the Platform or the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
vi. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vii. upload or transmit any information or content that is obscene, pornographic, paedophilic, immoral, invasive of another’s privacy, or is relating or encouraging money laundering or gambling, an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
viii. act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;
ix. upload or transmit information or content that is harmful to children or that impersonates another person, or deceive or mislead any addressee about the origin of a message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Indian government, is identified as fake or false or misleading by the fact check unit of the Indian government;
x. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent investigation of any offence, or insult another nation in any manner;
xi. upload or transmit any information or content in the nature of an online game that is not verified as a permissible online game under Indian laws or is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
xii. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
xiii. violate applicable laws or solicit others to violate applicable laws in any manner.
e) You agree that you shall cooperate with us to develop and share testimonials, anonymous case studies, marketing materials, and measurement criteria for the value, benefits, and cost savings derived from the Platform, Products, and the Services.
8. INTELLECTUAL PROPERTY RIGHTS
a) All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform are our property or our affiliates (“Company Content”), and are protected under copyright, trademark and other applicable laws.
b) The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of 4UWELL or its third party partners or respective third parties. You are not permitted to use the Marks without our prior consent and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all intellectual property rights in and to the trademark “4UWELL”, domain name “4uwell.com”, and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
c) .All Product names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
d) The contents of this Platform are subject to copyright protection. The contents of the Platform may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent or as otherwise permitted in these Terms.
e) 4UWELL may request you to submit suggestions and other feedback, including bug reports, relating to the Products or Services from time to time (“Feedback”). 4UWELL may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights. You hereby waive any rights you may have that arise out of such Feedback and agree to execute such documentation as 4UWELL may request to give effect to 4UWELL’s rights under this clause.
f) You may upload or submit certain information, content, submissions, ideas, suggestions, proposals, plans, or other material, whether with or without our request (collectively, “Content”). You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the Content (i) for the functioning of and in connection with the Platform, the Services, or the Products; and (ii) in order to facilitate tele consultation with the nutritionists or dieticians and share information with them.
g) Your use of the Platform, the Services, and access to the Company Content is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the Platform. You will use the Platform solely for availing Services, identifying Products, carrying out purchases of Products and processing returns and refunds, for your personal use only and not for business purposes.
h) The license granted to you does not include a license for: (a) resale of Products or commercial use of the Platform or the Company Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Platform, the Services and/or of the Company Content other than as contemplated in these Terms, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (e) creating and/ or publishing your own database that features parts of the Platform.
i) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to our or any third party’s intellectual rights.
9. TERM AND TERMINATION
a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
b) 4UWELL may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of its obligations, responsibilities, or covenants under these Terms.
c) Upon termination under Clause 8(b):
i. the Services will “time-out”;
ii. you shall not be eligible to avail any features of the Services or purchase the Products; and
iii. these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
d) Not with standing anything to the contrary contained in the Terms, upon termination of your access to or use of the Services, all amounts, or outstanding monies due by you in relation to your use of or access to the Services, or purchase of the Products shall become immediately payable.
e) All other rights accrued before the termination shall continue to remain valid after such termination and clauses which by their nature survive such termination shall continue to remain valid and binding.
10. DISCLAIMERS OF WARRANTIES AND LIABILITIES
a) The use of the Products is at your sole risk.
b) To the extent permitted by applicable law, the Services/Products are provided on an “as is” and “as available” basis. 4UWELL does not warrant that operation of the Platform or availability of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements. Without limiting the foregoing, 4UWELL makes no warranty that (i) the Platform or the Services will meet your requirements; (ii) the results that may be obtained from the use of the Platform, Services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, Services or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from us or through or from use of the Services shall create any warranty not expressly stated in the Terms.
c) To the maximum extent permitted by applicable law, 4UWELL will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. 4UWELL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
d) 4UWELL has endeavoured to ensure that all the information on the Platform is correct, but 4UWELL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. 4UWELL shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, 4UWELL shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond 4UWELL's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Platform, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. 4UWELL is not responsible for any typographical error leading to an invalid coupon. 4UWELL accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
e) To the fullest extent permissible under applicable law, 4UWELL expressly disclaims all warranties of any kind, express or implied, arising out of the Services and the Products, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
f) You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Products, and expressly agree and acknowledge that 4UWELL shall have absolutely no liability with respect to the same.
g) To the fullest extent permissible by law, 4UWELL, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
i. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
ii. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to 4UWELLʼs records, programmes, services, server, or other infrastructure relating to the Services.
iii. the failure of the Services to remain operational for any period of time; or
iv. the collection or processing of your personal information by 4UWELL.
h) Notwithstanding anything to the contrary contained herein, neither 4UWELL nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly, or indirectly, or relating, in any manner whatsoever, in relation to the use of the Platform, these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless 4UWELL, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of use of the Platform or the Services.
i) We are not liable if your access or use of the Platform or the Services is affected by incompatible hardware or an insecure internet connection.
j) You understand that your data may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
k) You understand that the material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platform is at your own risk.
l) You acknowledge and agree that 4UWELL is a supplements and nutraceuticals company and is not engaged in the provision of medical or healthcare services.
m) Without limiting the generality of the foregoing, we do not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or any other information that may be provided through the platform. Any content available on the platform is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale or any professional medical advice, diagnosis, treatment or recommendation of any kind. You are responsible for conducting your own due diligence, investigation, valuation, and evaluation of the services including any products available through the services.
n) 4UWELL provides the Services and the Products in compliance with laws applicable in India. We are not responsible for any differences between such rules and any different rules applying to healthcare services in any country other than India. If you are accessing or using the Services or the Products outside the territory of India, it is your sole responsibility to ensure whether it is lawful to access the Services or the Products in the territory where you are located. 4UWELL shall have no liability in this regard.
o) We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
p) The third party registered medical practitioners will not be examining you physically and may not have access to all or some of your medical history that might be critical to consult you. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician examining you physically. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of your diagnosis. You acknowledge and agree, by requesting a consultation through the Platform, that-
i. the advice/information/opinion on diagnosis you may receive could be limited and provisional;
ii. in case of a second opinion, where there is a difference of opinion among our third party registered medical practitioners and your physician, you would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
iii. there are inherent differences between a physical consultation and tele-consultation and thus there is a dependency/reliability on the information provided by you to the third party registered medical practitioner and hence any such information that is false, misleading, inaccurate, outdated or incomplete will immediately render the opinion, consultation, test results, and all details therein null and void;
iv. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
v. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
vi. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
vii. delays in evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.
11. NOTICE AND TAKEDOWN
i. If you believe that any Content on the Platform is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign states; or which consists of or contains software viruses or violates any of the Terms, please notify us immediately at the contact information provided below. As soon as you inform us, we will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
12. INDEMNITY AND LIMITATION OF LIABILITY
a) You shall indemnify, defend at 4UWELL’s option, and hold 4UWELL, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the Services, availment/ use of the Services, use of the Products, violation of these Terms, violation of applicable laws, or any violation by any third party who may use your Account, of these Terms.
b) Not with standing anything to the contrary, in no event, our aggregate liability, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
13. CONSENT TO USE DATA
a) You agree that 4UWELL may, in accordance with its Privacy Policy collect and use the information provided by you.
14. MODIFICATION OF SERVICES AND PRODUCTS
a) 4UWELL reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) or any and all of the Products with or without cause. 4UWELL shall not be liable for any such addition, modification, suspension, or discontinuation of the Services or the Products.
15. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Karnataka/Tamilnadu, India shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in The High Court of Judicature at Madras in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator appointed by 4UWELL. The language of the arbitration shall be English.
c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
d) Each party to the arbitration shall bear its own costs with respect to any dispute.
16. MISCELLANEOUS
a) Grievance Redressal: You may contact us by writing to our Grievance Officer/Customer Care at the address provided below:
Name: AVE Food & Beverages Pvt. Ltd.,
Address: No.4, Mathrushree Enclave, 2nd Floor, jigala Cross, Sarjapura Road, Attibeli Hobli, Anekal taluk Bengaluru - 562 107, INDIA
Email Address: info@4uwelll.com
Mobile Number: +9188 7047 7047
b) Modification: 4UWELL reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Platform or availment of the Services or Products. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
d) Assignment: You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without 4UWELLʼs prior written consent. 4UWELL may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. 4UWELL may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
e) Notices: All notices, requests, demands, and determinations for AVE Food and Beverages (4UWELL) under these Terms (other than routine operational communications) shall be sent to info@avefnb.com.
f) Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.
g) Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right
h) Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
