Terms and Conditions

Account Registration or use of the Platform

You may access the Platform by registering to create an account (“ Healsum Account”) by creating a user ID and password and become a member or can log in each time with a unique OTP (One Time Password) sent to you on your provided contact number. Healsum does not provide the option of creating an account through any Third Party social networking sites (SNS).

• We will create your Healsum Account for your use of the Platform services based upon the personal information you provide to us as described above. You may only have one Healsum Account and not permitted to create multiple accounts. If found, you having multiple accounts, Healsum reserves right to suspend such multiple account without being liable for any compensation.
• You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
• We reserve the right to suspend or terminate your Healsum Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
• You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Healsum Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Healsum Account.
• Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Bookings and Payment Terms

• The Platform allows you to send energy through a depiction of animation on the mobile application , it also allows you to book a call for someone where healsum will call on behalf of you and deliver your message, You may also use a service which involves a person going to the receiver in person to an assigned location on behalf of you as your representation of being part of an event in your absence, subject to the terms and conditions set out herein, enable delivery of such services to you. As a general rule, all on behalf orders placed on the Platform are treated as confirmed, until there is a prior intimation regarding cancellation due to any reason.
• However, upon your successful completion of booking a service, we may call you on the telephone or mobile number provided to confirm the details of the order, and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
• In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Service, due to availability or unavailability or change in price of the Service as informed on the app. Please note change or confirmation of the service shall be treated as final. It is clarified that Healsum reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
• All payments made against the services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order. You understand, accept and agree that the payment facility provided by Healsum is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Healsum is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
• You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
• In connection with your order, you will be asked to provide customary billing information such as name, and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described under clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
• The final tax bill will be issued by Healsum with the order , All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by Healsum and holds responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with Healsum.
• The prices reflected on the Platform are determined solely by the Healsum and are listed based on Healsum’s information. Very rarely, prices may change at the time of placing order due to Healsum changing the price without due intimation and such change of price are at the sole discretion of the Healsum attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Healsum be incorrectly reflected and in such an event Healsum may cancel such your order(s).

Cancellations and Refunds

Cancellation

• If you cancel your order after it has been confirmed, Healsum will not charge you for the cancellation for the order value before 2 Hours of the placed order in case of a phone call service and three days in case of a physical service that includes delivery of gifts or otherwise. ,A full refund of the order value will be done. In case of cancellations for the reasons attributable to Healsum shall not charge you any cancellation fee.
• However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
• We reserve the sole right to cancel your order in the following circumstance
  • The designated address in the event of falls outside the delivery zone offered by us.
  • Failure to contact you by phone or email at the time of confirming the order booking.
  • failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery ; or
  • Unavailability of all the items ordered by you at the time of booking the order; or
  • If the person you have booked a call for is unavailable on his phone and are unable to make any contact with them after several attempts, Healsum would cancel the order and refund the amount back to your wallet/account



Refunds

• You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:
  • Your order has not been carried out as planned due to a genuine reason
  • us cancelling your order due to (A) failure to contact you by phone or email at the time of confirming the order booking; or (B) failure to contact you by phone or email at the time of confirming the order booking; or
  • Your order has not been c. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
• Our decision on refunds shall be at our sole discretion and shall be final and binding
• Orders cancelled 3 days prior for physical delivery and 30 minutes before a scheduled phone call shall receive a 100% refund into the account the amount was debited from.
• Orders cancelled 24 hours prior to the schedule (Time and date allotted by you to carry out the services) for physical delivery will receive a refund of 50% of the amount, considering Healsum would have already borne an expenditure for the same in the preparation of your order.
• Orders not successfully delivered due to wrong address, absence of receiver at location, receiver’s refusal to accept our services or similar incidences at the time of delivery are strictly non refundable and you will be charged the entire order amount.
• All refund amounts shall be credited to your account within 6 to 7 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

Terms of service

You agree and acknowledge that we shall not be responsible for:

• You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
• You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
• You order will be only delivered to the address designated by you at the time of placing the order on the Platform. You may change the delivery address and time 5 hours prior to the scheduled delivery. In case of any delay or last minute change of address or time, We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall receive 50% refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
• You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
• You understand that our liability ends once your order has been delivered to you.
• Services provided:
  • You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services
  • ii. You agree and acknowledge that Healsum shall not be liable in the event of you failing to adhere to the Terms of Use.
  • You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
• We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the delivery of such product or services.
• We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
• If you use the Platform, you do the same at your own risk.
• If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
• As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
• You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Healsum policies to the attention of all such persons accessing the Platform on your computer or mobile device.
• You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
• You agree and grant permission to Healsum to receive promotional SMS and e-mails from Healsum. By using the Platform you represent and warrant that:
  • All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
  • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
  • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
  • All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
  • You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service
  • You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
  • You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
  • You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
  • You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify
  • You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
  • You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
    a. any part of the Platform or the Platform software; or b. any equipment or any network on which the Platform is stored or any equipment of any third party
• You release and fully indemnify Healsum 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 Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Healsum cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Access to the Platform, Accuracy and security

• We endeavour to make the Platform available to you during Healsum working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
• We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
• We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
• We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

• In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “ Operator”).
• Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
• The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
• We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
• You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
• You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
• You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimers

• The platform may be under constant upgrades, and some functions and features may not be fully operational.
• Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
• We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
• You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / merchants services.
• While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
• The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
• We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
• In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages

Intellectual Property

• We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
• You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
• If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

Third Party Content

• We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance
• You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

IP Notice and Take Down Policy

• Healsum has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
• Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. (Note: Healsum is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Healsum.)