EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, HMWELLNESS MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE RESTRICTED SITES OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT, DIGITAL COMMUNICATIONS OR OTHER MATERIALS RELATED TO THE RESTRICTED SITES, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE RESTRICTED SITES IS TRUE, COMPLETE OR ACCURATE; OR (3) THAT TRANSACTION FUNDS WILL BE USED FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OR NON USE OF SUCH FUNDS BY THIRD PARTIES AFTER PURCHASES ARE MADE. FURTHER, HMWELLNESS DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE RESTRICTED SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. USER ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION, INCLUDING DIGITAL COMMUNICATIONS, ON THE INTERNET AND OTHER COMPUTER NETWORKS AND THAT HMWELLNESS IS NOT RESPONSIBLE FOR ANY LOSSES OF USER'S DATA, DIGIAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.
User shall use the Restricted Sites in strict compliance with (1) these Restricted Sites Terms and Conditions; (2) any additional instructions, guidelines or policies issued by hnwellness, including those posted on the Restricted Sites or on the hnwellness website (www.hnwellness.in); and (3) all applicable laws, rules and regulations (collectively, "Laws").
Use Of Contractors
hnwellness may engage any third party (including hnwellness's affiliates) to perform, or support the performance of, all or any portion of the Restricted Sites.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
Ownership Of The Restricted Sites And Related Data
As between hnwellness and User (collectively, "Parties"), hnwellness owns and will retain ownership of all rights, title and interest in and to the Restricted Sites, including (1) all content on the Restricted Sites developed by hnwellness or its third-party licensors, including any derivative works of the Restricted Sites and any such content; (2) any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by hnwellness and its third-party providers, except for personal information that User submits to hnwellness through the Restricted Sites and except as noted in the section titled "DIGITAL CORRESPONDENCE"; and (3) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, "hnwellness IP"). Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any hnwellness IP.
Use Of The Restricted Sites
User may use the Restricted Sites, including any data presented on or by the Restricted Sites for User or otherwise hosted or stored by hnwellness for User, only on its own behalf and for lawful and appropriate purposes. User shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by hnwellness for any commercial or other purpose other than as expressly permitted herein. User will notify hnwellness immediately upon any suspected unauthorized use of the Restricted Sites, whether by User or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by user to access the Restricted Sites ("Login Credentials"). User shall be solely responsible for maintaining the confidence and security of any Login Credentials, and hnwellness shall bear no liability or other responsibility associated therewith.
Privacy Notice/ Policy
User explicitly consents to the collection, hosting, use, disclosure and other processing or handling of information as described in the hnwellness Privacy Notice/ Policy located at (www.hnwellness.in) as such notice may be amended by hnwellness in its sole discretion from time to time.
hnwellness may suspend or limit User's access to the Restricted Sites if hnwellness, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Restricted Sites Terms and Conditions or any additional instructions, guidelines or policies issued by hnwellness, including those posted on the hnwellness website (www.hnwellness.in).
Termination By hnwellness
hnwellness may terminate User's registration, in whole or in part, as follows:
For Convenience. For convenience, upon Notice by hnwellness to User, which may occur after an unsuccessful login attempt by User.
Effect of Termination/Survival of Selected Provisions
Effect of Termination. Upon the expiration or earlier termination of User's registration, for any reason (i) user will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites; (ii) hnwellness may delete any data associated with User's accounts, including but not limited to, any content in User's Account; and (iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in the sub-section titled "SURVIVAL" immediately below.
Survival. Notwithstanding the expiration or earlier termination of User's registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: "DISCLAIMER"; "OWNERSHIP OF THE WEBSITE AND RELATED DATA"; "EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS"; "LIABILITY"; "INDEMNITIES"; "DISPUTE RESOLUTION"; AND, "GENERAL".
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HMWELLNESS GROUP (AS DEFINED IN SECTION TITLED "INDEMNITIES") SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM USER'S USE OF THE RESTRICTED SITES, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE RESTRICTED SITES TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY HMWELLNESS, INCLUDING THOSE POSTED ON THE HMWELLNESS WEBSITE (www.hnwellness.in), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS AND REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF DATA AND THE CLAIMS OF THIRD PARTIES. IF HMWELLNESS GROUP CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THE HMWELLNESS GROUP'S MAXIMUM LIABILITY TO USER IS LIMITED TO THE AMOUNT OF THE PURCHASE SUBMITTED BY USER THAT GAVE RISE TO THE UNDERLYING CLAIM, OR, IF NO PURCHASE WAS PROVIDED, INR 100.00. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO USER FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER.
At its option, any member of the hnwellness Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by hnwellness, including those posted on the hnwellness website (www.hnwellness.in), and/or actions for damages.
No action arising out of, in connection with, or relating to these Restricted Sites Terms and Conditions or the subject of these Restricted Sites Terms and Conditions shall be brought by User more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provision of law which would toll or otherwise affect the running of the period of limitations are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.
Indemnity By User
User will indemnify and hold harmless hnwellness, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the "hnwellness Group") on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys' and experts' fees) incurred by any of the members of the hnwellness Group, and, if directed by hnwellness, shall defend the hnwellness Group against (1) all claims that any information, data or other materials provided by User in connection with the Restricted Sites (including, but not limited to, User's application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the hnwellness Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by User; and (3) all claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by hnwellness, including those posted on the hnwellness website (www.hnwellness.in).
If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the hnwellness Group, such dispute shall be resolved (i) in Bangalore, Karnataka State, India and (ii) at the filing party's election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the Indian Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, USER ACKNOWLEDGES THAT IT MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the hnwellness Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the hnwellness Group or any third party claiming against a member of the hnwellness Group, due to delay arising out of such dispute resolution.
This hnwellness website and the Restricted Sites are controlled and operated by hnwellness from its principal office in Bangalore, Karnataka State, India. The laws of Karnataka State govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that it is possible for you to obtain access to the Restricted Sites from any jurisdiction in the world, but hnwellness has no practical ability to prevent such access. The Restricted Sites has been designed to comply with the laws of Karnataka State, Delhi and India. User who choose to access the Restricted Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you and we ask you not to use the Restricted Sites. You may not use or export materials on this website in violation of Indian laws and regulations. The Restricted Sites are not intended to subject hnwellness to the laws or jurisdiction of any state, or territory other than the Karnataka & Delhi.
Entire Agreement, Amendments And Modifications
hnwellness will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labour strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to hnwellness's information technology systems by third parties; or (6) other causes beyond the reasonable control of hnwellness.
If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties' original intentions as nearly as possible in accordance with applicable Law(s).
User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of hnwellness, which may be withheld at hnwellness's sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. hnwellness may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.