Terms and Conditions

  1. The Terms and Conditions

The following are the Terms and
Conditions (the “Agreement”) which govern your access and use of our
online platform through which our services may be provided (collectively the
“Platform”). The Platform may be provided or be accessible via
multiple websites or applications whether owned and/or operated by us or by
third parties, including, without limitation, the website http://www.openwingswellness.com/  and its
app on Google Playstore (https://play.google.com/store/apps/details?id=therelationshipadvisor2.com).

By accessing or using the Platform,
you are entering into this Agreement. You should read this Agreement carefully
before starting to use the Platform. If you do not agree to be bound to any
term of this Agreement, you must not access the Platform.

When the terms “we”,
“us”, “our” or similar are used in this Agreement, they
refer to the owners of the Platform.

2. Privacy and Security

Protecting and safeguarding any
information you provide through the Platform is extremely important to us.
Information about our security and privacy practices can be found on our
Privacy Policy available at http://www.openwingswellness.com/privacy-policy/ (The
‘Privacy Policy’).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

3. Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

4. Disclaimer of Warranty and Limitation of Liability

YOU HEREBY RELEASE US AND AGREE TO
HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE
RESULTING FROM OUR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY
ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR
SERVICE AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE
PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE
THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY,
NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE
USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE
THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE
THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT
AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY
PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF
THE CLAIM.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

5. Your account, representations, conduct and commitments

You hereby confirm that you are at
least 18 years old of age, or that you are 13 years or older, and you have the
consent of a parent or legal guardian.

You hereby confirm that you are
legally able to enter into a contract.

You hereby confirm and agree that all
the information that you provided in or through the Platform, and the
information that you will provide in or through the Platform in the future, is
accurate, true, current and complete. Furthermore, you agree that during the
term of this Agreement you will make sure to maintain and update this
information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge
that we will not be liable for any loss or damage that incurred as a result of
someone else using your details, either with or without your consent and/or
knowledge.

You agree, confirm and acknowledge
that you are solely and fully liable and responsible for all activities
performed using your details. You further acknowledge and agree that we will
hold you liable and responsible for any damage or loss incurred as a result of
the use of your details by any person whether authorized by you or not, and you
agree to indemnify us for any such damage or loss.

You agree and commit not to use the details
of any other person for any reason.

You agree and confirm that your use
of the Platform are for your own personal use only and that you are not using
the Platform for or behalf of any other person or organization.

You agree and commit not to interfere
with or disrupt, or attempt to interfere with or disrupt, any of our systems,
services, servers, networks or infrastructure, or any of the Platform’s
systems, services, servers, networks or infrastructure, including without
limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any
use of the Platform for the posting, sending or delivering of either of the
following: (a) unsolicited email and/or advertisement or promotion of goods and
services; (b) malicious software or code; (c) unlawful, harassing, privacy
invading, abusive, threatening, vulgar, obscene, racist or potentially harmful
content; (d) any content that infringes a third party right including
intellectual property rights; (e) any content that may cause damage to a third
party; (f) any content which may constitute, cause or encourage a criminal
action or violate any applicable law.

You agree and commit not to violate
any applicable local, state, national or international law, statute, ordinance,
rule, regulation or ethical code in relation to your use of the Platform and
your relationship with us.

If you receive any file from us,
whether through the Platform or not, you agree to check and scan this file for
any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and
hold us harmless from and against any and all claims, losses, causes of action,
demands, liabilities, costs or expenses (including, but not limited to,
litigation and reasonable attorneys’ fees and expenses) arising out of or
relating to any of the following: (a) your access to or use of the Platform;
(b) any actions made with your details whether by you or by someone else; (c)
your violation of any of the provisions of this Agreement; (d) non-payment for
any of the services which were provided through the Platform; (e) your
violation of any third party right, including, without limitation, any
intellectual property right, publicity, confidentiality, property or privacy
right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only
credit/debit cards or other payment means (collectively “Payment Means”) which
you are duly and fully authorized to use, and that all payment related
information that you provided and will provide in the future, to or through the
Platform, is accurate, current and correct and will continue to be accurate,
current and correct.

You agree to pay all fees and charges
associated with you on a timely basis and according to the fees, the terms and
the rates as published in the Platform. By providing us with your Payment Means
you authorize us to bill and charge you through that Payment Means.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to info@openwingswellness.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to issuing partial or full refunds when applicable.

6. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge
that we may modify, suspend, disrupt or discontinue the Platform, any part of
the Platform or the use of the Platform, whether to all clients or to you
specifically, at any time with or without notice to you. You agree and
acknowledge that we will not be liable for any of the aforementioned actions or
for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

7. Notice

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.

8. Important notes about our Agreement

This Agreement and our relationship
with you shall both be interpreted solely in accordance with the laws of the
State of Uttar Pradesh, India excluding any rules governing choice of laws.

You irrevocably agree that the
exclusive venue for any action or proceeding arising out of relating to this
Agreement or our relationship with you, regardless of theory, shall be the Lucknow
High Court You irrevocably consent to the personal jurisdiction of the
aforementioned court and hereby waive any objection to the exercise of
jurisdiction by the aforementioned court.

THIS AGREEMENT CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY
PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this Agreement by
posting modifications on the Platform. Unless otherwise specified by us, all
modifications shall be effective upon posting. Therefore, you are encouraged to
check the terms of this Agreement frequently. The last update date of this
Agreement is posted at the bottom of the Agreement. By using the Platform after
the changes become effective, you agree to be bound by such changes to the
Agreement. If you do not agree to the changes, you must terminate access to the
Platform and participation in its services.

We may freely transfer or assign this
Agreement or any of its obligations hereunder.

The paragraph headings in this
Agreement are solely for the sake of convenience and will not be applied in the
interpretation of this Agreement.

If any provision of this Agreement is
held by a court of competent jurisdiction to be illegal, invalid,
unenforceable, or otherwise contrary to law, the remaining provisions of this
Agreement will remain in full force and effect.

To clear any doubt, all clauses
regarding limitations of liabilities and indemnification shall survive the
termination or expiration of this Agreement.

Last Updated: 21 Dec’2019

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