Terms and Conditions of Service

OVERVIEW

This website/app is operated by Anjali Mukerjee Health Total. Throughout the website/app, the terms “we”, “us” and “our” refer to Health Total. Health Total offers this website /app, including all information, tools, and services available from this site/app to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site/app and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site/app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website/app. By accessing or using any part of the site/app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website/app or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website/app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website /app following the posting of any changes constitutes acceptance of those changes.

We have created this Website/App to provide Users, the Services which includes, guidance on how to improve their overall Health through our time-tested integrated approach of Ayurveda, Homeopathy and Nutritional Therapy. While we offer highly customized health solutions, we are not a medical organization, and our recommendations should not be misconstrued as medical advice, or diagnoses.

SECTION 1 – ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site/app. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website/app through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The data provided by you not:

• belong to another person and contain any information that you do not have any right to;
• Be defamatory of any person;
• Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
• Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
• Be harmful to minors;
• Infringe any intellectual property including copyright, database right or trade mark of any other person;
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person;
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• Be such that it is known by you to be false, inaccurate or misleading;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• Be content for which you were compensated or granted any consideration by any third party;
• Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
• Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site/app is not accurate, complete, or current. The material on this site/app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site/app is at your own risk. This site/app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site/app at any time, but we have no obligation to update any information on our site/app. You agree that it is your responsibility to monitor changes to our site/app.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website/app. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the website/app. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site/app is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order/service request you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order/services provided. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to Health Total. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service

You agree, understand and confirm that your personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Health Total or the Payment Service Provider(s) have no control over such matters. The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Health Total gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. Health Total does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service. Health Total and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Health Total and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service. You agree that Health Total or any of its employees will not be held liable for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Health Total’s reasonable control.

All in-app purchases in excess of Rs. 5,000 (Rupees Five thousand Only) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.

You must notify any billing problems or discrepancies immediately on the receipt of invoice otherwise you waive your right to dispute such problems or discrepancies.

You hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site/app is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website/app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site/app may direct you to third-party websites/apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites/apps, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites/apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website/app. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy explains how we collect, store and use the information you provide us, including personal information.

Our Privacy Policy may be updated from time to time. By continuing to use our site/app, you accept our updated and/or revised policy. Hence it is advisable to check it from time to time.

SECTION 11 – SECURITY

While we take all necessary measures to protect the security of your content and information, we cannot guarantee that unauthorized third parties will be unable to breach the security of our site/app. If you discover that your account has been compromised in any manner, you should let us know immediately. This will help us take appropriate action to improve our security measures.

To report a security breach, please email us at: assist@health-total.com

SECTION 12 – ADDITIONAL SERVICES

We offer a platform that facilitates users (both account holders and guests) to purchase/subscribe to products/services that we may offer, using a payment gateway. All payments made against the purchases/services shall be compulsorily in INR or any other currency acceptable in the Republic of India. You, as a buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with us to purchase the products and/or services from us, using the payment facility, and you shall pay to us the transaction price, through your issuing bank using payment gateway.

While availing any of the payment method/s available on our site/app, we will not be responsible or assume any liability whatsoever, with respect to any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction/s
• Exceeding the preset limit mutually agreed upon by and between you and your bank
• Any payment issues arising out of the transaction
• Decline of transaction for any other reason/s

You understand, accept and agree that the payment facility provided by us is neither a banking nor a financial service, but is merely a facilitator providing an electronic, automated online electronic payment system, receiving payment for the transactions on the site/app, via the authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, we are neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. You, as the buyer understand that any payment made to us for purchase is non-refundable; however, the company can take reversal decisions based on the merit of a case, and any such decision shall be at our sole discretion. Any occurrence of transaction or payment failure caused due to technical reasons would be reversed in the same account and through our bank, subject to the set rules laid down by our banker/s in such cases. Such refund shall be made in INR only and shall be equivalent to the transaction price received in INR. In the event of any disputed payments made, Health Total shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of Health Total’s obligations in this regard.

SECTION 13 – HEALTHCARE, SKINCARE, AND WELLNESS ADVISES

The Contents and Services such as text, graphics, images, information obtained from our licensors, and other material contained of the Healthcare, Skincare, and Wellness advises are for informational purposes only.

Health Total has created this Website/App to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy and nutritious food products. While our Health Solutions comprise of Nutritional Therapies, Ayurveda, Homeopathy and Exercise which are specific to each individual we are not a medical organization, and our recommended health solutions and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

SECTION 14 –  IMAGE USAGE POLICY

Unless otherwise stated, copyright and all intellectual property rights in all photos and graphical images presented on this website /app are property of Anjali Mukerjee Health Total Private Limited. In other cases where the images might have been taken from other sources, the appropriate credits are mentioned below them.

We grant you limited access for the use of our website / app and the images here-in. You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content, or any portion of it; or delete or fail to display any promotional taglines included in the Site /app / Service either directly or indirectly, except with our express consent. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

SECTION 15 – POTENTIAL DISRUPTION OF SERVICES

Access to our website/app may, on occasions, be unavailable, delayed, limited or slowed due to damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters. If access to our site /app is unavailable, delayed or limited, or if our site/app does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. We will not be liable for any such loss.

SECTION 16 – DISCONTINUANCE, MODIFICATION, & RESTRICTIONS

We may discontinue, change, suspend or restrict access to any of our sites/apps or any portion of our sites/apps at any time without liability to you or any third party.

SECTION 17 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site/app or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website /app is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website/app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website /app should be taken to indicate that all information in the Service or on any related website /app has been modified or updated.

SECTION 18 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site /app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/app, other websites/apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website/app, other websites/apps, or the Internet. We reserve the right to terminate your use of the Service or any related website /app for violating any of the prohibited uses.

SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Health Total is committed to offering you the most optimum health solutions to support your health needs. While we endeavour to provide information that is correct, accurate, current, and timely. We shall use all reasonable endeavors to ensure that the Services are uninterrupted, however, we do not guarantee, represent, or warrant that (i) your use of our service will be uninterrupted, timely, secure, or error-free and (ii) the results that may be obtained from the use of the service/s/products will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You agree that, we, our partners, employees, suppliers, service providers, or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/App.

The material displayed on our Website or App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:

1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/ App or in connection with the use, inability to use, or results of the use of the Services or our Website/ App, any websites linked to it and any materials posted on it, including, without limitation any liability for:
3. loss of income or revenue;
4. loss of business;
5. loss of profits or contracts;
6. loss of anticipated savings;
7. loss of data;
8. loss of goodwill;
9. wasted management or office time; and
10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

SECTION 20 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Health Total, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) and our parent, partners, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

ADDITIONAL TERMS FOR THE MOBILE APP

You are granted a limited, non-sub-licensable right to access the Mobile App, Desktop App, the Services and Data for the purpose of enabling you or other users to access the Website or the App or the Marketplace and/or the Services via third party software or website. Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:

You agree that you are solely responsible for (and that we have no responsibility or liability to you or to any third party for) any services and/or products you provide through any third party software;

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Mobile App and Desktop App;

You will not use the Mobile App or the Desktop App to create software that sends unsolicited communications (whether commercial or otherwise) to any third party;

We reserve the right at any time to modify or discontinue, temporarily or permanently the Desktop App and Mobile App by providing a notice of 48 (forty-eight) hours with or without notice;

Abuse or excessively frequent requests to the Services via the Desktop App and Mobile App may result in the temporary or permanent suspension of your account’s access. We, in our sole discretion, will determine abuse or excessive usage;

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the Mobile App and the Desktop App by providing a notice of 48 (forty-eight) hours;

We may make available software to access the Service via the App using a mobile device. Health Total does not warrant that the App will be compatible with your mobile device. Health Total hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Member account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Health Total may from time-to-time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Health Total or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Health Total reserves all rights not expressly granted under this Agreement.

END USER LICENCE AGREEMENT

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ANJALI MUKERJEE HEALTH TOTAL PVT. LTD.  (“COMPANY”). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE HEALTH TOTAL APPLICATION (THE “APP”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.

LICENSE

Subject to the terms and conditions of this EULA, the Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the App on one portable wireless device. You may not make the App available over a network where it could be used on multiple devices at the same time.

The term “App” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the App (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Company, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the App as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the App and any portion thereof.

You acknowledge that by installing the App on your cellular mobile phone, the App may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the App collecting and storing such information on Company’ servers and to receive calls from us, from time to time regarding updates of your progress from using the App and promotional information or offers in connection with the Services provided under the App.

RESTRICTIONS ON USE

The following restrictions shall apply to your use of the App and the license granted herein:

You hereby acknowledge and agree to use the App as permitted in this Agreement;

You shall not copy or reproduce any portion of the App;

You shall only use the App for your own personal, non-commercial use;

You shall not distribute, share, transfer, sell, lease or rent the App or any part of it to any other person;

You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the App or any part of it;

You shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the App;

You shall not use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

You shall not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

You shall not use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App;

You will not collect or store personal information about other users.

You shall not decompile, reverse engineer or disassemble the App or any part of it either in whole or any portion of any component, thereof and in anyway create, develop or derive, including without limitation to any operational, technical, programming technique/sequence, feature, interface, algorithm, video, audio, imagining, graphics, applets, texts, animations, routine or conditions from the App; and

Violate any applicable laws, rules or regulations in connection with your access or use of the App;

You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.

OFFENCES

1. You must not misuse our Website/App by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ App, the server on which our Website/ App is stored or any server, computer or database connected to our site. You must not attack our Website/ App via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ App or to your downloading of any material posted on it, or on any Website/App linked to it.

LINKING TO THE WEBSITE

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
2. Our Website/ App must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website/App from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
3. These linked sites are under no way in control of Health Total and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/ App provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.

If you wish to make any use of material on our Website/ App other than that set out above, please address your request to assist@health-total.com

DATA CHARGES

You acknowledge that applicable network/data charges may be incurred through your use of the App and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the App are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the App whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.

INTELLECTUAL PROPERTY RIGHTS

The App may feature trademarks, logos, service marks, product names and designations, by making these trademarks available through the App and in content, the Company is not selling you the App to use it in any manner, and you are not granted any rights under any of Company’s intellectual property rights.

This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.

Any unauthorized copying, displaying, selling or distributing or other use of any content or App is a violation of the law.

OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

1. All right, title and interest in usage of the terms of Health Total including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Health Total and its licensors. Any use of this Website/ App 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 Health Total.
3. Except as expressly provided in these terms of use, no part of Health Total and no content or marks, data, statistics, independent research conducted and posted by Health Total may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
4. By accepting the use of terms hereunder you agree that the Health Total does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Health Total, we retain the full and complete right, title and interest to the Website/App, and all intellectual property, title and interest to the Website/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.

Any usage of Health Total contents, without the written authorization of Health Total, shall be considered a breach of this Agreement, and you shall be required indemnify Health Total for all liability incurred in this regard.

SECTION 21 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site /app. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). On termination or otherwise, you will not be entitled to any refund.

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site /app or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website/app. It is your responsibility to check our website /app periodically for changes. Your continued use of or access to our website /app or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – APPLICABLE LAW & EXCLUSIVE JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.

SECTION 26 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at assist@health-total.com

SECTION 27 – GRIEVANCE OFFICER

In accordance with the Act, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other policies or questions are published as under:

Anjali Mukerjee Health Total

G-2, Richa Estate, B-29 New Link Road,Andheri (W), Mumbai – 400053E-mail address: assist@health-total.com

[10:00 AM to 6:00 PM from Monday to Friday except for Public Holidays]

FAQ on how customers can protect themselves shopping online.

Question: Is it necessary to have an account to purchase products from Health Total?

You can avail the services of Health Total through a simple registration process. The details provided during registration are protected under our Privacy Policy. We recommend that you go through the terms of our privacy policy at the time of registration.

Question: How do I pay?

Health Total offers you multiple payment methods, through trusted payment gateway partners. Our payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.

You may use cash to make your purchase. Health Total also accepts payments made using Visa, MasterCard, Maestro and American Express credit/debit cards in India.

Question: Are there any hidden charges (Octroi or Sales Tax) when I make a payment?

There are no hidden charges when you make payments on Health Total. The prices listed for all the services are final and all-inclusive. The price you see on the webpage is exactly what you pay.

Question: How do I pay using a credit/debit card?

We accept payments made by credit/debit cards issued in India.

Credit cards.

We accept payments made using Visa, Master and American Express credit cards. To pay using your credit card, you will need your card number, expiry date, three-digit CVV number (found on the backside of your card). After entering these details, you will be redirected to the bank’s page for entering the online 3D Secure password.

Debit cards

We accept payments made using Visa, Master and American Express debit cards. To pay using your debit card at checkout, you will need your card number, expiry date (optional for Maestro cards), three-digit CVV number (optional for Maestro cards). You will then be redirected to your bank’s secure page for entering your online password (issued by your bank) to complete the payment.

Question: How do I update my credit card information?

Click your Account Name (located at the bottom of the left navigation sidebar) and select Account  > Company > Billing. Under Billing Information, click Update your card now. Enter your new information and click Update. If you don’t see this option, click the  button in the left navigation sidebar and select Account > Billing.uestion: Can I use my bank’s Internet Banking feature to make a payment?

Yes. Health Total offers you the convenience of using your bank’s Internet Banking service to make a payment towards your order. With this you can directly transfer funds from your bank account, while conducting a highly secure transaction. We accept payment through Net Banking

Question: Can I make a credit/debit card or Internet Banking payment on Health Total through my mobile?

Yes, you can make credit card payments through the Health Total mobile site and App. Health Total uses encryption technology to protect your card information while securely transmitting it to the secure and trusted payment gateways managed by leading banks.

Question: My transaction failed but the money was deducted from my account. What do I do?

Please contact us at assist@health-total.com, within 24 hours of such deduction of money from your account, and we will contact our payment partner and refer the matter to them immediately.