This agreement is an electronic record in terms of information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records/documents in various statutes as amended by the information technology (reasonable security practices and procedures and sensitive personal data or information) rules 2011. This is a computer-generated electronic record and does not require any physical or digital signatures.
Please read the terms and conditions of this agreement carefully. Terms and conditions mentioned in the agreement are a binding contract between magicians of wellness (india) llp (referred herein below as “magicians of wellness”), and merchant or service provider. The terms are effective upon acceptance and shall govern the relationship between magicians of wellness and user for products or services through platform www.happysoul.in. If these terms conflict with any other document/records, the terms and conditions of this agreement shall prevail unless and until further change/modifications notified by magicians of wellness.
- “Magicians of Wellness”; “us”; “we”; “our” shall mean Magicians of Wellness (India) LLP, a limited liability partnership firm, having its office at 204, Zor Wado, Anjuna, North Goa – 403513.
- “Merchant(s)” shall mean Merchants enrolled with the Platform for offering their Products to the Users of the Platform.
- “Order(s)” means an electronic order placed on the Platform by the User containing data such asnumber of orders placed, size, description of Products or Services, location of delivery, address, quality, quantity etc. regarding Products or Services. Purchase order and service order collectively shall be referred to as Order(s).
- “Platform” shall mean www.happysoul.in and mobile application owned, operated and managed by us.
- “Register” shall mean registering to the Platform to avail the Services or to order Products as provided by the Platform.
- “Service(s)” shall mean various Services offered by Service Providers on the Platform.
- “Service Provider(s)” shall mean the Service Providers enrolled with the Platform for extending Services to Users.
- “Subscriber” shall mean a user who has subscribed to the Platform by payment of Subscription Fee, if applicable.
- “Subscription Fees” shall refer to the subscription fees to be paid by You for availing the offerings under the Platform, if applicable.
- “Users” shall mean Users that visit and access the Platform and who may Register to avail Products or Services.
- “You” or “Your” or “Yourself” refers to the Users or viewers of this Platform.
3. Registration And Password-Products or Services listed on the Platform are available for all who are interested in wellness Products and/or Services as may be offered from time to time. For Users, there is no fee to access the Platform but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You. As a guest, any viewer can navigate and browse through the Platform and can order Products without registration. However, Users must Register to avail the Services available on the Platform. Registration can also be done through log in credentials on Facebook or any other mode as prescribed by Platform from time to time. In case You login through Facebook, or any other such Platform, You authorise the Platform to obtain and verify Your credentials with such Platforms. You may need to mention Your personal information including occupation while registering Yourself on the Platform. You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Platform from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
4. Product Or Services Description-
- Through this Platform, we bring holistic, wellbeing, health, rejuvenation, and premium quality Products or Services to You through Merchant or Service Provider registered on the Platform. You can purchase the Products or Services made available on Platform from time to time.
- Certain Products or Services which if You intend to use for pregnant women, physically or mentally challenged individuals, old age or senior citizens, for children or for any individual who has allergy or undergoing any medical treatment of physical or psychological nature or any other treatment of whatsoever nature or otherwise, we recommend that, You shall obtain specific expert/medical practitioner’s advice prior to use of the Products or Services. In addition to this, You may get acquainted to disclaimers regarding Products or Services on the Platform. Unless specifically identified, Platform makes no specific warranty that such Products and/or Services are suitable for any specific cases.
- The Products or Services made available on the Platform, and the samples, if any, that Platform may provide, are for Your personal use only. You shall not sell or resell any of the Products or Services, or samples thereof, which You may purchase on the Platform, for any commercial reasons. In case any Products or Services purchased / received / availed causes side effects or doesn’t suit You, Your sole remedy shall be against the Merchant or Service Provider, as the case may be. Please note that Magicians of Wellness is in no manner responsible for any side-effects. Merchant or Service Provider of the Products or Services shall be solely responsible to resolve your complaints. The Platform will guide and assist You to get remedy to Your complaint. You must carefully read the individual terms and conditions in relation to the Products or Services and consult a medical practitioner/specialist before usage.
- Any recommendation made to You in the Platform during the course of Your use of the Platform is purely for informational purposes and for Your convenience and does not amount to endorsement of the Products or Services by Platform or any of its associates in any manner. In any case verified means checking of Products and/or Services related certification only. Recommendations are not binding on You and are based on variety of personal factors, including but not limited to user choices, user review, ratings, user testimonials, past performance of products and experience of Users. Platform shall not be responsible in case your requirements are not satisfied after consumption of Products and/or availing Services.
- Keeping in view the Platform’s objective of providing its users with general information about wellness and healthcare Products or Services, Platform engages experts having knowledge in health and wellness sector in their respective fields (“Specialists”) to respond to queries or writing articles posted by Users. Platform may perform basic verification about their affiliation or certification or academic credentials. Any information provided by such Specialists, either through Platform, through e-mails, chat rooms or any other medium (collectively referred to as “Specialists Opinion”) is based on the Specialist’s personal opinion, views and advice and the Platform may not subscribe to such opinions, views or advice. The Specialist’s Opinion cannot be construed as medical advice in whatsoever manner and personal suggestions cannot be a replacement to any medical diagnosis or treatment. Platform makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Specialist’s Opinion. In case any user relies on such Specialist’s Opinion, he/she may do so at its own risk and volition. Under no circumstances will Platform, firm, its partners, its employees, representative or affiliates be liable for such Specialist’s Opinion or for the consequences of relying on such Specialist’s Opinion.
5. Use Of Platform-
- You may order Products and Services available on the Platform.
- You understand and acknowledge that it is Your responsibility to read and understand all information about each Products or Services before You book such Products or avail Service.
- Before actual purchase of the Products or Services, You shall:
- Ensure that particular Products or Services is available on the date of delivery chosen by You and the manner in which You intend to avail the Products or Services and all other relevant factors with respect to relevant Products or Services.
- Ensure that, You understand all information and fill in correct data about each Service or Product before buying through the Platform.
- Before You make payment to avail any Products or Services provided by a Merchant or Service Provider, please make sure You fill in correct data such as:
- Expected date of delivery etc.
- Location of delivery
- Number of orders placed
- In case of any wrong information or data is provided, You may not receive appropriate Products or Services and You shall be solely liable at Your cost for replacement.
- Once the Order is placed, You shall be directed to the payment gateway option for making the payment as per the terms and conditions specified herein. On making the necessary payments, You shall receive the Products on the address provided by You at the time of placing the order.
- You understand and acknowledge that pictures, photographs displayed on the Platform are provided by the Merchant or Service Provider and uploaded “as is” by the Platform. No verification of the accuracy of such image or photograph is conducted by Platform unless specifically mentioned otherwise. You further agree that the experience that You get may vary due to brand, location, timing, weather, or any other reason which is beyond the control of the Platform. You understand and acknowledge that the Platform is prone to unintentional inaccuracies in content. For example – typographical errors, improper linkages, etc.
- You understand, acknowledge and agree that You shall be solely responsible for availing any Product or Service available on the Platform and the Platform shall not be responsible or liable in any manner whatsoever. You may use the Products or avail Services after consultation with Your personal physician or doctor.
- You understand, acknowledge and agree that information regarding nutritional diet and health related other information shall be provided in a generic manner and not as a specific advice to You.
- You understand, acknowledge and agree that Platform shall not be responsible for the accuracy, completeness, appropriateness or usefulness of the Specialist’s Opinion.
- You can rate Products or Services on usage or availing such Services. However, You shall not give comments or remarks maliciously and not to use derogatory or defamatory language.
- You understand that, Products which are of perishable nature should be used immediately and in any case prior to expiry date.
- We may share information regarding new arrivals through emails or SMS if You are agreeing to such mode of communication.
- You understand, acknowledge and agree that there shall be no guaranteed results to any Products consumed or Services availed by You.
- In case You intend to return the Products, owing to wrong delivery of Product or it is delivered in damaged condition, You shall return such Products without using and in “as is” basis condition. In case Products are returned without any cause at the sole discretion of Platform, the refund for such returned Products shall be payable after deducting administration charges as may be applicable.
- In case You are booking any Product or Service that includes any outdoor activities including but not limited to sky jumping, diving, trekking, snorkelling, scuba diving, paragliding, white water rafting or any other activity that causes danger to life, You understand and acknowledge that such activity may cause danger, in terms of physical damage, partial or full incapability or death. You understand, acknowledge and agree that You shall be solely responsible for availing such Service and the Platform shall not be responsible or liable in any manner whatsoever.
6. Mode Of Payment-Payment to Merchant or Service Provider shall be made by way of credit card, debit card, net banking, mobile payments or by any other authorised payment mechanism as may be available. User shall be liable to pay GST or any other taxes as may be applicable from time to time. Platform shall act as a payment collection advisor and invoices shall be issued by Merchant or Service Provider. Platform shall book orders for and on behalf of Users and notify it to the Merchant or Service Provider. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers. The Platform is not a party to any transaction between You and Merchant or Service Provider, thus the User shall be a customer of the relevant Merchant or Service Provider for the issues related to the listed Products or Services and shall approach the Merchant or Service Provider for listing and for any remedy or claim in relation to any deficiency in Products or Services. The User hereby agrees and acknowledges the fact that the Platform only collects payments on behalf of the Merchant or Service Provider. User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers. The Platform is not a party to any transaction between You and Merchant or Service Provider, thus the User shall be a customer of the relevant Merchant or Service Provider for the issues related to the listed Products or Services and shall approach the Merchant or Service Provider for listing and for any remedy or claim in relation to any deficiency in Products or Services. The User hereby agrees and acknowledges the fact that the Platform only collects payments on behalf of the Merchant or Service Provider.
7. Delivery of Products-Platform shall instruct Merchant to deliver the Products as per Order. You understand, acknowledge and agree that the Merchant is responsible to timely dispatch the Products in accordance to such instructions. Merchant is responsible that every Product including but not limited to fragile items are safely and securely packed before handing over to delivery partner. Platform shall not be responsible for inspection of Products before its dispatch in any manner whatsoever or any issues related to delivery.
8. Refund And Exchange Policy-
- You shall provide feedback on the Products or Services ordered within 7 (Seven) days from delivery. In case there is no feedback within period mentioned above, it shall be deemed as duly accepted by you.
- In case any Products or Services are not available or delay in delivery of Product due to any Force Majeure event, the Platform shall not be held liable to refund Your Order amount in whatsoever manner unless reimbursed by Merchant or Service Provider.
- In case You provided wrong information and due to which wrong Products are delivered and You intend to return, unless You provide the goods in original condition, You shall not be eligible to receive refund but only after deduction of administration charges.
9. Customer Support-
- Any complaints regarding Products or Services will be resolved through email between You, the Merchant or Service Provider as the case may be.
- If there is a dispute between You and any Merchant or Service Provider, You understand and agree that Platform is under no obligation to be involved in such dispute. The Merchants/Service Provider shall not be treated as the agents of the Magicians of Wellness under any circumstance whatsoever.
- In case you notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, culture, caste, nationality, beliefs You shall email to us on firstname.lastname@example.org
- For the purpose of resolution of the dispute, Your complaint shall be directly transferred to Merchant or Service Provider and Magicians of Wellness shall not be a part of the dispute resolution procedure but will assist to seek remedy.
11. Reward System-Platform may extend any reward points or loyalty points to You as decided by us from time to time. Platform shall allot these reward pointsto You at their own discretion and Platform may change terms and conditions related to these reward points at any time. You can redeem the reward points given to You. However, You cannot exchange any of the reward points awarded to You for cash. You understand and acknowledge that reward points could be redeemed only on the Platform and it does not carry any monitory value.
12. Content Available-We follow ethical business practices and intend to provide the content which is authorized, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, Merchant or Service Provider or any other content provider (collectively, the “Content”) which You may have access to as part of listing of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on email@example.com. After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content. Videos, photos which are provided by Merchant or Service Provider may or may not be checked by Platform.
13. Content Supplied By You-The platform has granted You the right to comment, rate, review and provide feedback on the content. We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content on a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material. You shall not provide any reviews and feedbacks which are malicious, derogatory or defamatory in nature.
14. Links To Third Party Sites-
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its Products or Services unless specifically mentioned by Magicians of Wellness. You are referred to the relevant advertiser for all information regarding the advertisement and its Products or Services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
15. Ancillary Services-You may get access to message boards, chat rooms, forums, blogs, emails, workshops, seminars and other features (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Magicians of Wellness shall not be responsible for any copyright infringement for the blogs written on the Platform. You shall not use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism or otherwise violating the legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
16. Prohibited Conduct-You agree not to engage in any of the following activities:
Violating Laws and Rights:You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption:You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products or Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming Others:You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platforms; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the platform.
Impersonation or Unauthorized Access:You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
17. Disclaimer Of Warranties-You expressly acknowledge and agree that use of the Platform and the purchase and use of the Products or Services is entirely at Your own risk and that the Platform and the listing Products and/or Services therein are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Magicians of Wellness, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and the listing of Products or Services and Your use thereof. Magicians of Wellness makes no warranties or representations about the accuracy or completeness of content shared on the
Platform or any third party platforms linked to the Platform and assumes no liability or responsibility for any –
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;
- Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Platform;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or;
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform. Platform does not warrant, endorse, guarantee, or assume responsibility for any Product or Service advertised or offered by a Merchant or Service Provider or a third party through the Platform or any hyperlinked platform or featured in any banner or other advertising.
18. Limitation Of Liability-
In no event shall Magicians of Wellness, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Magicians of Wellness has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Products or Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Magicians of Wellness shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to amount of Products or Services purchased by You on the platform.
19. Indemnification-You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to –
- Content that You submit or transmit;
- Your violation of any rights of any other person in connection with the Platform;
- Infringement of any third-party intellectual property rights;
- Breach or violation of applicable laws and regulations committed by You.
If You have a dispute with any Merchant or Service Provider, You hereby release the Platform, its officers, it partners, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
21. Ownership of Intellectual Property-
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the firm and its affiliates, subsidiaries, licensors, Users, Service Providers, Merchants as the case may be. The Platform respects copyright, and we prohibit users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Magicians of Wellness.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or our Products or Services infringes a copyright, You may notify us at firstname.lastname@example.org with the details.
All materials on this Platform, including but not limited to audio, images, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
Happy Soul is the brand name solely owned by Magicians of Wellness. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services or delay in delivery of Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Merchant or Service Provider or the platform.
Additional Conditions for Users Outside India: You agree and acknowledge that the Platform facilitates buying in India and the rules, regulations and consumer rights may differ from Your local geographical legal systems and You may not receive the same consumer protection benefits or rights.
There are certain privacy related regulations applicable to certain specific geographies, such privacy related regulations may not be applicable in India. Products or Services are sold within the territory of India. In case You order any Products or avail any Services outside India, and if such Products and/or Services are not allowed in the geography where it needs to be delivered and hence it causes breach of any laws and regulations of that geography, the Platform shall not be liable in whatsoever manner.