Last Updated: 5th May 2016
HealthWel.com website and mobile applications are part of an online platform for recording and managing your fitness activities. HealthWel is a service provided by AIMDek Technologies Private Limited (here on referred to as AIMDek), in connection with our partners, service providers, sponsors, or other affiliates. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth at www.healthwel.com/privacy-policy, apply to your use of the services and functionality provided on or through the HealthWel.com site and mobile application (the “Services”).
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Services.
The HealthWel Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright under Indian and International (foreign) laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from HealthWel even if the HealthWel account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of these Terms of Use.
By using the Services, you represent and warrant that you are 13 years of age or older.
Your use of the Services is subject, in our sole discretion, to termination at any time.
The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, please write us at hello@healthwel.com.
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.
We make no warranty that the services will be available error-free or that the services or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The services and content are provided on an “As is” and “As available” basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of ten us dollars, even if we have been advised of the possibility of such damages.
HealthWel provides the Services for you to track, manage, and share your fitness activities. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modify any diet or exercise program. Your use of the website or the mobile application does not create a doctor-patient relationship between you and HealthWel.
These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms of Use are governed by the internal substantive laws of the Ahmedabad jurisdiction, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of Ahmedabad city (Gujarat state, India). If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
The Services may also include access to certain optional features and services for reporting and managing fitness data (the “HealthWel Pro”). The HealthWel Pro service is a collection of premium services that are available only under these Additional Terms and Conditions in addition to the Terms of Use (collectively, the “Agreement”) and subject to your payment of the fees referenced below. By signing up for the HealthWel Pro service, you acknowledge and agree to the terms and conditions of this Agreement.
You may terminate this Agreement at any time by canceling your subscription. There are no refunds for any fees paid. You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this agreement.
We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
If you opt to sign up for the HealthWel Pro service monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”). You will be required to submit payment monthly in advance for access to the HealthWel Pro service. Access to the HealthWel Pro service will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the HealthWel Pro service.
If you opt to sign up for the HealthWel Pro service annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”). You will be required to submit payment annually in advance for access to the HealthWel Pro service. Access to the HealthWel Pro service will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the HealthWel Pro service.
As a Corporation/Organisation/Company, If you opt to create a challenge for your employee, you will be subject to one-time fees for all the confirmed participants; in accordance with the Fee Schedule and related information (the “Fee Schedule”). The fees will not provide you any other services than managing the created ‘Challenge’.
HealthWel is not responsible for distributing any prices for the winners of such Challenges. It’s the sole responsibility of Challenge owner/creator.
If you opt to sign up for the ‘Paid Challenge’ service, you will be subject to one-time payment for that ‘Paid Challenge’ only in accordance with the Fee Schedule and related information (the “Fee Schedule”). The payment will not provide you any other services that the participated ‘Paid Challenge’.
HealthWel is not responsible for distributing any prices for the winners of such Challenges. It’s the sole responsibility of Challenge owner/creator.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
Payment for different services offered by HealthWel will be made by a PayUMoney, valid credit card or Paypal® accounts accepted by us. You hereby authorize us to charge your credit card for such amounts on a one-time or regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your opted payment method, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the HealthWel Pro service or Challenges, including prepayments, are not refundable.
In the event that individual provisions of this Agreement shall be or become invalid, all other terms and conditions shall remain in full force and effect.