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Terms and Conditions - Wellnessocean.com

Welcome to www.wellnessocean.com India's premier Online Health, Beauty & Wellness store. The terms and conditions contained herein and the Privacy Statement provided in the site form an Agreement regulating our relationship with regard to the use of the wellnessocean .com website by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. Your using the site/store WellnessOcean would constitute your confirmation & agreeing to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be considered to be a legally binding agreement between you and WellnessOcean.

Applicable Law:

This site www.wellnessocean.com is created and controlled by Wellnessocean Products Private Limited in Bangalore, India; as such the laws of India shall apply; courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and Safety Notice/Disclaimers. Wellnessocean.com reserves the right to make changes to the site and the terms, conditions and Safety Notice/Disclaimers.
Definitions: "Agreement" means the Terms and Conditions as detailed herein including all Annexures, Appendices, Privacy Statement, Schedules, etc. and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time."
"wellnessocean" "Store" / "Site" means the online shopping platform owned and operated by Wellnessocean Products Private Ltd, which provides a venue to the users of WellnessOcean to buy the products listed on WellnessOcean's store/site.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on WellnessOcean by placing an order for and or purchases any products offered for sale on WellnessOcean's Store/Site.
"User"/ "You" means and includes you and/or any person or an entity using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are above 18 years of age, competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the WellnessOcean services. WellnessOcean provides the online shopping platform wherein the Users can purchase/buy the products listed on WellnessOcean pursuant to the terms and conditions set forth below. By checking the box below the shopping cart, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Statement, and with all applicable laws and regulations. Either you or Wellnessocean may terminate the service at any time, with or without cause. However, WellnessOcean reserves the right, in its sole discretion, to terminate your access to the WellnessOcean site, its services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.

Modification of Terms and conditions of Service:

WellnessOcean may at any time modify the Terms and Conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register with WellnessOcean. As a part of registration process you agree to provide Wellnessocean current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or WellnessOcean has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WellnessOcean has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to WellnessOcean. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Wellnessocean.You shall notify info@wellnessocean.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Electronic Communication:

Users consents to receive communications from WellnessOcean electronically. WellnessOcean will communicate with Users by email or by posting notices on the Site.

Online Shopping Platform :

You agree, understand and acknowledge that WellnessOcean is an online shopping platform, enabling the users to buy any product listed on WellnessOcean at the price indicated on the terms and conditions indicated therein at any time from any place.

WellnessOcean shall neither be liable nor responsible for any actions or inactions of the makers , any breach of conditions, representations or warranties by the or manufacturer of the products.

Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on WellnessOcean.

WellnessOcean is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

Wellnessocean accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

All orders shall be pre-approved with an acceptable method of payment as established by WellnessOcean which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. After the receipt of payment from the Buyer, wellnessocean.com shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to 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.

Card details

You agree, understand and confirm that the debit/credit card details provided by you for availing of services on www.wellnessocean.com will be correct and accurate and you shall not use the debit/credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid debit/credit card details to WellnessOcean. Further the said information will be not be utilized and shared by WellnessOcean with any of the third parties unless required by law, regulation or court order.

In a credit/debit card transaction, you must use your own credit/debit card. WellnessOcean will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to WellnessOcean for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Wellnessocean immediately at info@wellnessocean.com .

Confirmation: You understand, declare and agree that:

WellnessOcean shall not and is not required to mediate or resolve any dispute or disagreement between you and theManufacturer. You release and indemnify WellnessOcean and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law.

Prices, Availability, Delivery, Refund & Cancellation Policy

All prices and availability of products are subject to change without prior notice at the sole discretion of WellnessOcean.

WellnessOcean reserves the right to refuse or cancel any order placed for a product that is listed on site or at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by WellnessOcean the same shall be credited to your account and duly notified to you by email.

On receipt of your purchase order WellnessOcean shall check for receipt of payment. Any request for cancellations of orders once duly placed on the site, shall not be entertained.

The delivery of the products would be done at the address as specified by the customer/user in his/her Billing/Shipping address. Products are usually shipped within 7 working days from the purchase. In the event that a non-delivery occurs on account of a mistake by a customer (i.e. wrong name or address) any extra cost incurred by WellnessOcean for redelivery shall be claimed from the customer/user placing the order.

Wellnessocean shall not be liable for any delay / non-delivery of purchased goods by the vendors, flood, fire, wars, acts of God or any cause that is beyond the control of Wellnessocean.

Exchange Policy

While buying products, Users/customers should ensure that they have selected items for purchase, based on the details available on the site applying their prudence. Once the products/items have been purchased (payments made), the same would be treated as completion of the said transaction and the products/goods sold. Such products/goods/items would not be accepted back either by the Seller or by Wellnessocean. Hence there would not be any refund of the transaction value. Only on the event of the purchased products reaching a customer in damaged/broken condition, the same has to be intimated immediately to the courier company followed by an email notification to info@wellnessocean.com mentioning details of the Bill/Invoice, AWB no. etc and nature of damage/breakage. On receiving such intimation, the product would be replaced within 21 days of such notification. In case replacement product(s) are out of stock the value of the product(s) damaged/broken in transit shall be credited to your account and duly notified to you by email.

Only products of clothing and Yoga mats are accepted for exchange because of size or colour. All other products are outside the review of exchange or refund

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Wellnessocean, may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of WellnessOcean; If the User has provided wrong, inaccurate, incomplete or incorrect information; If your actions may cause any harm, damage or loss to the other Users or WellnessOcean.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the WellnessOcean Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless Wellnesocean Products Private Limited, its employees, 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 the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

WWW.WELNESSOCEAN.COM HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. WELLNESSOCEAN EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT WELLNESSOCEAN RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL WELLNESSOCEAN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WELLNESSOCEAN SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WELLNESSOCEAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE WELLNESSOCEAN SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WELLNESSOCEAN SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WELLNESSOCEAN SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELLNESSOCEAN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WELLNESSOCEAN DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.

THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

Terms & Conditions for using Gift Vouchers/Coupons

These cannot be used in conjunction with any other Gift Voucher/ Coupon Code or offers running at the webstore or at 3rd party/Affiliates

The Gift Voucher / Coupons are valid for a limited period only as maybe specified and in any case maybe withdrawn or discontinued without any prior notice.

The terms of use for any Gift Voucher/ Coupon Code is bound by any terms mentioned at the time of offer as well as the General Terms and Conditions governing WellnessOcean.

Privacy Policy

Use of this site is subject to our Privacy Statement (Policy), WellnessOcean respects your privacy. WellnessOcean will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.

Disclaimer

The information about the products published on WellnessOcean site are provided by Wellnessocean on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. Wellnessocean makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Wellnessocean disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. WellnessOcean will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. WellnessOcean only facilitates the sale of products

WWW.WELLNESSOCEAN.COM EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WELLNESSOCEAN SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WELLNESSOCEAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

USER SPECIFICALLY AGREES THAT WELLNESSOCEAN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SITE/SERVICE. USERS SPECIFICALLY AGREE THAT WELLNESSOCEAN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT WELLNESSOCEAN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN WELLNESSOCEAN SITE/SERVICE BY ANY THIRD PARTY. ADVICE RECEIVED VIA THE WELLNESSOCEAN SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WellnessOcean with respect to the WellnessOcean sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WellnessOcean with respect to the WellnessOcean sites/services. Wellnessocean's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the use of the Wellnessocean sites/services. Use of the WellnessOcean sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold WellnessOcean, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Wellnessocean sites/services.

WellnessOcean's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WellnessOcean's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WellnessOcean sites/services or information provided to or gathered by WellnessOcean with respect to such use.

Trademark

www.wellnessocean.com and any other expression that contains the word "Wellnessocean" are the India-wide trademarks of Wellnessocean Retail Pvt Ltd.

These trademarks may not be used in connection with any product or service that is not that of WellnessOcean. All Trademarks/Logos other than that of WellnessOcean used in this site are acknowledged to be of the respective Manufacturers who are the respective owners of the said/applicable Trademarks/Logos. WellnessOcean in no way makes any claims or representation other than use of the said logos in this site.