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 www.openwingswellness.com and its app on Google Playstore (
www.openwingswellness.com/app). By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefullybefore 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.
Privacy and Security
Third Party Content
The Platform may contain other content, products or services which are offered or providedby third parties (“Third Party Content”), links to Third Party Content (including but notlimited to links to other websites) or advertisements which are related to Third PartyContent. 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 willnot be liable for any damage or loss caused by any Third Party Content.
Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OFACTION AND CLAIMS OF ANY NATURE
RESULTING FROM OUR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANYACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICEAND/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 TOMERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE ORACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THELAW, 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 TOANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OREXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGESARISING WITH RESPECT TO THIS AGREEMENT
AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEYPAID 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.
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 thatincurred as a result of someone else using your details, either with or without your consentand/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsiblefor all activities performed using your details. You further acknowledge and agree that wewillm 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 toindemnify 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 onlyand 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 ordisrupt, any of our systems, services, servers, networks or infrastructure, or any of thePlatform’s systems, services, servers, networks or infrastructure, including withoutlimitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending ordelivering of either of the following: (a) unsolicited email and/or advertisement orpromotion of goods and services; (b) malicious software or code; (c) unlawful, harassing,privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmfulcontent; (d) any content that infringes a third party right including intellectual propertyrights; (e) any content that may cause damage to a third party; (f) any content whichmay 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 internationallaw, statute, ordinance, rule, regulation or ethical code in relation to your use of thePlatform and your relationship with us.
If you receive any file from us, whether through the Platform or not, you agree to check andscan 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 allclaims, losses, causes of action, demands, liabilities, costs or expenses (including, but notlimited 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 actionsmade 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 wereprovided through the Platform; (e) your violation of any third party right, including, withoutlimitation, 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 paymentrelated information that you provided and will provide in the future, to or through thePlatform, is accurate, current and correct and will continue to be accurate, current andcorrect.
You agree to pay all fees and charges associated with you on a timely basis and accordingto the fees, the terms and the rates as published in the Platform. By providing us with yourPayment 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 email@example.com. We will evaluate your issue on a caseby case basis and, at our discretion, take steps to resolve any issue, including but notlimited to issuing partial or full refunds when applicable in 7 working days.
Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge mthat we may modify, suspend, disrupt ordiscontinue the Platform, any part of the Platform or the use of the Platform, whether to allclients or to you specifically, at any time with or without notice to you. You agree andacknowledge that we will not be liable for any of the aforementioned actions or for anylosses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either ourown or those owned and/or operated by our contractors and suppliers. While we makecommercially reasonable efforts to ensure the Platform’s reliability and accessibility, youunderstand and agree that no platform can be 100% reliable and accessible and so wecannot guarantee that access to the Platform will be uninterrupted or that it will beaccessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding this agreement or anyaspect of the Platform, by email to the email address that we have on record, by regularmail or by posting it online. The date of receipt shall be deemed the date on which suchnotice is given.
Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely inaccordance with the laws of the State of Uttar Pradesh, India excluding any rules governingchoice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out ofrelating to this Agreement or our relationship with you, regardless of theory, shall be the Lucknow High Court, Uttar Pradesh, India. 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 CONFIRMTHAT 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. Unlessotherwise specified by us, all modifications shall be effective upon posting. Therefore, youare 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 thechanges become effective, you agree to be bound by such changes to the Agreement. Ifyou do not agree to the changes, you must terminate access to the Platform andparticipation 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 willnot 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 thisAgreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shallsurvive the termination or expiration of this Agreement.
If you are in a crisis or any other person may be in danger – don’t use this site. Contactlocal authorities/ emergency helplines in your location.