Terms of Use

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO, USE OF THE WEB SITE AND CORRESPONDING SERVICES. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU (HEREINAFTER “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. USER ELIGIBILITY

The Web Site is provided by Vividphile Wellness Private Limited[“AANYA WELLNESS”] and available only to entities and persons who have reached the age of legal majority and are competent to enter into legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site.

2. SCOPE OF TERMS OF USE

These Terms of Use along with Privacy Policy govern Your use of the Web Site and all applications, software and services (collectively known as “Services”) available via the Web Site, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements such as refund policy and disclaimers may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

3. MODIFICATIONS

AANYA WELLNESS may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of AANYA WELLNESS. AANYA WELLNESS may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. AANYA WELLNESS may establish or change, at any time, general practices and restrictions concerning other AANYA WELLNESS products and services at its sole discretion.

4. AANYA WELLNESS Service Terms and Conditions

The service terms and conditions of AANYA WELLNESS (the “AANYA WELLNESS Service Terms and Conditions”) applicable to the wellness and related services provided by AANYA WELLNESS govern Your use of such AANYA WELLNESS’ wellness and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The AANYA WELLNESS Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the AANYA WELLNESS Service Terms and Conditions.

5. Information Submitted Through the Website and the Services

Your submission of information through the Website and the Services is governed by these terms of Use and Privacy Policy provided on the Website.  You represent and warrant that any information You provide through the Website, or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.

With respect to any individual whose personal information is provided by You to AANYA WELLNESS through the Website and the Services, You represent to AANYA WELLNESS that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using. You further agree and authorize AANYA WELLNESS to process information submitted by you on the Website, including without limitation, your Personal Information and Sensitive Personal Information. Such information includes name, business name, address, phone, e-mail and password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; health information such as medical records and history; biometric information; any detail relating to the above as provided to or received by us for processing or storage.

6. LICENCE AND OWNERSHIP

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of AANYA WELLNESS, its affiliates or third parties. The Content is protected by copyright and other laws in India and all other countries where the website is accessed. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of AANYA WELLNESS, its partners and affiliates or other entities that have granted AANYA WELLNESS the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of AANYA WELLNESS. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without AANYA WELLNESS ‘s prior written permission or that of an appropriate third party. Except as expressly provided herein, AANYA WELLNESS does not grant to You any express or implied rights to the Intellectual Property of AANYA WELLNESS or that of any third party.

AANYA WELLNESS hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by AANYA WELLNESS, and (b) access and use the AANYA WELLNESS computer and network services offered within the Web Site (the “AANYA WELLNESS Systems”) only in the manner expressly permitted by AANYA WELLNESS. Except for this limited licence, AANYA WELLNESS does not convey any interest in or to the AANYA WELLNESS Systems, information, or data available via the AANYA WELLNESS Systems (the “Information”), Content, Services, Web Site or any other AANYA WELLNESS property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of AANYA WELLNESS. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by AANYA WELLNESS.

7. RESTRICTIONS ON USE OF THE WEB SITE

In addition to other restrictions set forth in these Terms of Use, You agree that:

1. 1. You shall not disguise the origin of information transmitted through the Web Site.
   2. You will not place false or misleading information on the Web Site.
   3. You will not use or access any service, information, application, or software available via the Web Site in a manner not expressly permitted by AANYA WELLNESS.
   4. You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another. 
   5. You must comply with all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
   6. You may not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates the publicity or privacy rights of any person or business.
   7. You may not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
   8. You may not use or access the Web Site, Services in any way that, in AANYA WELLNESS ‘s judgment, adversely affects the performance or function of the AANYA WELLNESS Systems, Services or the Web Site or interferes with the ability of authorised parties to access the Services or the Web Site.
   9. You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of AANYA WELLNESS.

8. LINKS

1. Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by AANYA WELLNESS of the content of such Linked Sites. AANYA WELLNESS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service, or application found at any Linked Site. AANYA WELLNESS shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
2. Inbound Links. Linking to any page of the Web Site other than to www.aanyawellness.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with AANYA WELLNESS. Any web site or other device that links to www.aanyawellness.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that AANYA WELLNESS  or any of its affiliates endorse it or its products, (d) misrepresenting any state of facts, including its relationship with AANYA WELLNESS  or any of the AANYA WELLNESS  affiliates, (e) presenting false information about AANYA WELLNESS  products or services, and (f) using any logo or mark of AANYA WELLNESS  or any of its affiliates, without express written permission from AANYA WELLNESS.

9. SUBMISSIONS

AANYA WELLNESS does not accept ideas, concepts or techniques for new services or products through the Web Site (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) AANYA WELLNESS and its affiliates are under no obligation to keep such information confidential, and (c) AANYA WELLNESS will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.

10. TERMINATION

You agree that AANYA WELLNESS, at its sole discretion, may terminate or suspend Your use of the Web Site, the AANYA WELLNESS Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue Your use of the Web Site, and (b) destroy any copies You may have made of any portion of the Content. Accessing the Web Site, the AANYA WELLNESS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that AANYA WELLNESS shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the AANYA WELLNESS Systems, Information and/or the Services.

11. DISCLAIMER OF WARRANTIES

AANYA WELLNESS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE GOODS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEB SITE, THE INFORMATION, THE GOODS, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. AANYA WELLNESS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. AANYA WELLNESS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THEAANYA WELLNESS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY AANYA WELLNESS IN THESE TERMS OF USE.

12. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT AANYA WELLNESS IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, AANYA WELLNESS SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AANYA WELLNESS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEB SITE, AANYA WELLNESS  SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT AANYA WELLNESS  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

13. Indemnification

You will indemnify and hold AANYA WELLNESS and/or its’ Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by AANYA WELLNESS and/or the Affiliates in connection with any claim arising out of your breach of the Agreement. AANYA WELLNESS reserves the right, in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

14. JURISDICTION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A COURT SITTING IN NEW DELHI, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OF OR TO THE JURISDICTION OVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE WEB SITE, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE.

15. GOVERNING LAW AND LANGUAGE

To the fullest extent permitted by law, these Terms of Use are governed by the laws of India.

16. GENERAL

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. WRITTEN DOCUMENT

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

18. COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED FOR UNDER A SEPARATE LICENCE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND AANYA WELLNESS.THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU ANDAANYA WELLNESS WITH RESPECT TO THE USE OF THE WEB SITE, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

19. CUSTOMER SERVICE

Questions or comments regarding the Web Site may be submitted to AANYA WELLNESS Customer Service at [email protected].