TERMS OF SERVICE – FEEL AND HEAL®
TERMS & CONDITIONS OF USE AND SALE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE CAREFULLY (“TERMS AND CONDITIONS”) BEFORE ACCESSING THE WEBSITE WWW.FEELNDHEAL.COM AND/OR APPLICATION OF FEEL AND HEAL WHETHER THROUGH THE LINK, APPLICATION AND/OR OTHER MEDIA PLATFORM (“WEBSITE”). IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT FEEL AND HEAL PRIVATE LIMITED (“FEEL AND HEAL”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT FEEL AND HEAL MAY PROVIDE THROUGH THE WEBSITE OR OTHERWISE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
1.ACCEPTANCE : This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures
2.INTRODUCTION: Welcome to the Feel and Heal Website.
In using the Website, you are deemed to have accepted the Terms and Conditions listed below. Usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls and messages, autodialed and/or pre-recorded messages, from Feel and Heal at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS, WhatsApp and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
3.SCOPE OF FEEL AND HEAL WEBSITE: The Website is a technology-based platform through which Feel and Heal, on a non-exclusive and principal-to-principal basis, sells its products (“Products”). The sale of Products by Feel and Heal to you is therefore subject to these Terms and Conditions. Feel and Heal reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate selling any of the Products to any person as it may deem fit.
4.YOUR ACCOUNT AND PLACING OF ORDER: All products and information displayed on the Website constitute an “invitation to order”. Your order for purchase constitutes your “order” which shall be subject to written acceptance of the same by Feel and Heal and these Terms and Conditions. If you have supplied Feel and Heal with your email address, Feel and Heal may notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and thereafter process the order.
5.USERS ELIGIBILITY: Use of the Website is available only to a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India. Persons who are deemed “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
Feel and Heal reserves the right to terminate your membership and refuse to provide you with access to the Website if Feel and Heal discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Feel and Heal for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions.
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by Feel and Heal in its registration form. If Feel and Heal has reasonable grounds to suspect that such information is untrue, inaccurate, not current, Feel and Heal has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website.
7.FEES AND SERVICES: Registration on the Website is free. Feel and Heal does not charge any fee for browsing on the Website. Feel and Heal may at its sole discretion introduce new Products and modify some or all of the existing Products offered on the Website. In such an event, Feel and Heal reserves the right to introduce fees for the new Products offered or amend/introduce fees for existing Products, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
8.OUR PRODUCTS: All Products offered by Feel and Heal are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions Feel and Heal cannot be held liable for possible errors and you acknowledge that the Product delivered to you may vary from the Product displayed and pictured on the Website. The Products available on the Website, and the samples, if any, that Feel and Heal may provide you, are for your personal and/or professional use only. The Products, or samples thereof, which you may receive from Feel and Heal, shall not be sold or resold for any/commercial reasons.
In case any Products purchased or received causes side effects or doesn’t suit you, please note that Feel and Heal is in no manner responsible for any side-effects. You should carefully read the individual terms and conditions in relation to the Products and use it at your risk.
The Products are not intended to diagnose, cure, treat or prevent any diseases.
9.PRICING INFORMATION: While Feel and Heal strives to provide accurate Product and pricing information, pricing or typographical errors may occur. Feel and Heal cannot confirm the price of a Product until the order is confirmed. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Feel and Heal shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, Feel and Heal may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted and Feel and Heal will have the right to modify the price of the Product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. If Feel and Heal have to cancel the order after Feel and Heal has processed the payment, the said amount will be reversed back to you.
10.PAYMENT PROCESS: Payments for the Products available on the Website may be made through the various payment modes available on the Website.
11.FRAUDULENT OR DECLINED TRANSACTIONS: Feel and Heal reserves the right to recover all costs incurred or suffered by Feel and Heal on account of fraudulent use of the Website including without limitation the cost of Products, collection charges, cancellation charges, delivery charges and lawyers’ fees. Feel and Heal reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
12.YOU AGREE AND UNDERTAKE THAT:
- In the event of non-delivery of the Products with respect to any order accepted by Feel and Heal occurs due to reasons attributable to you (i.e. wrong name or address or any other wrong information), any extra cost incurred by Feel and Heal for re-delivery or cancellation shall be borne and paid by you to Feel and Heal.
- You will use the Products provided by Feel and Heal for lawful purposes only.
- You will provide authentic and true information in all instances where such information is requested from you. Feel and Heal reserves the right to confirm and validate the information and other details provided by you at any point of time.
- You are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- Before placing an order you will check the Product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the item’s description.
13.YOU SHALL NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
14.USER SUBMISSIONS: Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “User Submission“). By submitting a User Submission, you grant to Feel and Heal an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Feel and Heal deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Feel and Heal reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Feel and Heal may also disclose your name in its clients’ list/credentials for reference purposes. Feel and Heal may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Feel and Heal is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. Feel and Heal is not responsible for any loss, theft, or damage of any kind to any User Submissions. Feel and Heal does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Feel and Heal will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Feel and Heal does not guarantee that you will have any recourse through Feel and Heal or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Feel and Heal the rights in your User Submissions described herein;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any Law;
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
15.COPYRIGHT & TRADEMARK: Feel and Heal expressly reserves all intellectual property rights in all the Materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Feel and Heal or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Feel and Heal. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Feel and Heal. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of Feel and Heal and is also protected by Indian and International copyright laws.
Feel and Heal’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Feel and Heal online store. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
16.PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT: Feel and Heal respects the intellectual property rights of others. Accordingly, Feel and Heal has a policy of removing User Submissions that violate copyright law, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to the Feel and Heal Customer Care for notice of claims of infringement:
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Feel and Heal to locate that material; (d) contain adequate information by which Feel and Heal can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Feel and Heal designated agent, as they will be deleted upon receipt.
17.DISCLAIMERS AND LIMITATION OF LIABILITY: The Website and the Products are provided “AS IS” and “WITH ALL FAULTS” without any warranties or guarantees. You must bear the risks associated with the use of the Website and the Products. The Website provides, solely as a convenience to you, content from other Internet sites or resources and while Feel and Heal tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Feel and Heal will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
You understand and agree that any Material or data downloaded or otherwise obtained through Website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Feel and Heal shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Feel and Heal shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services, its Products and / or this Terms and Conditions.
Notwithstanding anything contained in these Terms and Conditions, the total, aggregate and cumulative liability of Feel and Heal to you for all liabilities arising out of this Terms and Conditions or in terms of tort or contract or otherwise, howsoever arising is limited to the value of the Product ordered by you.
Feel and Heal makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Feel and Heal assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Force Majeure – In the event Feel and Heal is prevented in whole or in material part from performing its obligations under this Terms and Conditions solely as a result of force majeure, upon the prompt giving of notice to you detailing such force majeure event and its anticipated duration, the obligations of Feel and Heal so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
18.WEBSITE SECURITY: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. Feel and Heal will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
19.ELECTRONIC COMMUNICATIONS: When you visit the Website, or send emails to Feel and Heal, you are communicating with Feel and Heal electronically. You consent to receive communications from Feel and Heal electronically. Feel and Heal will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20.MODIFICATION OF USER AGREEMENT: Feel and Heal may at any time modify these Terms and Conditions without any prior notification to you. Subsequent to any modification of these Terms and Conditions, Feel and Heal will inform you of the modifications in these Terms and Conditions via email at the address provided by you while registering on Website. You can access the latest version of these Terms and Conditions at any given time on the Website. You should regularly review these Terms and Conditions on Feel and Heal. In the event the modified Terms and Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the services, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
21.GOVERNING LAW AND JURISDICTION: These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Kochi & Kannur, Kerala shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of this these Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Feel and Heal and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Kerala.
22.INDEMNITY: You agree to defend, indemnify and hold harmless Feel and Heal, its employees, executives, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Feel and Heal or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms and Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This clause shall survive the expiry or termination of this Terms and Conditions.
23.TERMINATION: This Terms and Conditions is effective unless and until terminated by either you or Feel and Heal. You may terminate this Terms and Conditions at any time, provided that you discontinue any further use of this Website. Feel and Heal may terminate this Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Feel and Heal. Upon any termination of this Terms and Conditions by either you or Feel and Heal, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the Product already ordered from the Website or affect any liability that may have arisen under the Terms and Conditions.
23.ENTIRE AGREEMENT: Except where additional terms and conditions are provided which are product specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Feel and Heal you agree to be bound by the Terms and Conditions.
24.SEVERABILITY: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
25.GENERAL: Feel and Heal shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of Feel and Heal or any force majeure event. These Terms and Conditions and the relationship between you and Feel and Heal shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of Feel and Heal to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Feel and Heal and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Website. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or Feel and Heal. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Feel and Heal without restriction.
26.GRIEVANCE OFFICER: In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: Feel and Heal Healthcare Pvt. Ltd.,
You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.
If you have any questions about these Terms and Conditions or any other concerns, you can also email us at email@example.com.