Terms and Conditions

Y&I Wellness Private Limited, (“Company”) operates the internet portal with the domain name yniwellness.com. The company is duly incorporated under the Companies Act, 2013, and its registered office is situated at 1st floor, Plot 65, Sector 44, Gurugram. The GSTIN is 06AABCY8438J1ZW, and the PAN is AABCY8438J. The domain name is referred to as the “Platform.”

Your entry or utilization of the Platform, transactions conducted on the Platform, and the utilization of Services (as defined below) hosted or remotely managed through the Platform, are subject to the following terms and conditions, which also include relevant policies incorporated herein by reference. When you access, browse, or engage in any transactions on the Platform or utilize any Services, you are expressing your agreement to adhere to these Terms of Use. Furthermore, by either implicitly or explicitly accepting these Terms of Use, you are also acknowledging and consenting to comply with our policies, along with other applicable rules, guidelines, policies, and terms under the laws in force in India and other jurisdictions. This document forms a legally binding agreement between you (referred to as “You” or “Your” or the “User”) on one side and Y&I Wellness Private Limited on the other side.

Should you navigate away from the Platform to a third-party site, be aware that you might be subject to distinct terms and conditions of use and a privacy policy specified on that particular Platform. In such instances, your use of that Platform will be governed by the terms and conditions of use and the privacy policy applicable to that specific Platform.

The Platform operates as a versatile platform, facilitating:

Online purchase of beauty, personal care, fragrance and nutraceutical products.
Displaying online advertisements from various sponsors promoting their own goods and services (“Third Party Advertisers”).
The Platform serves as an informative hub, offering health and wellness-related information to users.

Y&I Wellness Private Limited retains the authority to alter or amend these Terms of Use, as well as any policy or guideline associated with the Platform, including the Privacy Policy, at its discretion and at any given time. Any such adjustments or modifications will be immediately effective upon posting the revised versions on the Platform. You expressly waive any entitlement to receive specific notifications regarding such alterations or modifications. However, we commit to informing you of such changes at least once a year. By continuing to use the Platform, you confirm your acceptance of these changes or modifications. Therefore, it is advisable to regularly review these Terms of Use and relevant policies to stay informed about the terms and conditions governing your use of the Platform.

These Terms of Use are published in adherence to and are subject to the regulations of Indian laws, encompassing, but not limited to:

The Indian Contract Act, 1872 (“Contract Act”).
The (Indian) Information Technology Act, 2000 (“IT Act”) and its associated rules, regulations, guidelines, and clarifications, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”).
The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

Eligibility

When engaging with the Platform, you confirm your compliance with the following essential eligibility criteria:

You must be 18 years old or above or accessing the Platform under the supervision of a parent or guardian, who assumes the role of the recipient/end-user of the Services (as delineated in these Terms and Conditions) in such instances.
For individuals under 18, transactions can be conducted on their behalf by parents or legal guardians, but the acquisition of materials meant for adult consumption or restricted to adults is strictly prohibited.
Possessing the legal capacity to enter into a contract and meeting the necessary qualifications to receive the Services (as defined in these Terms and Conditions) is a fundamental requirement. Individuals categorized as “incompetent to contract” under the Indian Contract Act, 1872, including undischarged insolvents, etc., are ineligible to utilize the Platform.
Y&I Wellness Private Limited reserves the right to terminate membership and/or deny access to the Platform if it is discovered that the user is under 18.
Registered IDs are designated for exclusive personal use, and sharing a single login/registration ID among multiple individuals is explicitly prohibited.
The right is retained to deny access to the Services on the Platform to new users or terminate access for existing users at any time without providing reasons, and users agree not to contest such decisions.
Organizations, companies, and businesses are prohibited from registering as users on the Platform or utilizing the Platform through individual user accounts.
Users commit to creating only one account, providing accurate information, maintaining up-to-date details, securing their accounts, promptly reporting security breaches, and assuming responsibility for all activities under their accounts.
At the discretion of the Platform, users may be permanently or temporarily suspended, with restrictions on use and access during investigations of complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

Services & Utility

We extend the following services via our platform:

Creating and managing user accounts: To utilize the Platform or the Services offered through the Platform, Users must first register on the Platform. You must enter certain personal information when registering, such as your name, birthdate, gender, phone number, and email address.

Your use of the Platform is subject to the following terms:

Diligence Conditions:

You are solely responsible for the accuracy and entirety of the medical, health, and personal details you supply on the Platform. Use discretion when furnishing such information.
You are answerable for all entry and utilization of the site using the initially assigned password and identification, irrespective of whether such use is authorized by you. This encompasses all communications, transmissions, and responsibilities incurred through such entry or utilization. Safeguard the security and confidentiality of your assigned password and identification.
The information you furnish may be employed by us for Services, encompassing analysis, research, training, and disclosure to affiliates, group companies, agents, and government authorities, as articulated in Our Privacy Policy. Please review and provide separate consent to Our Privacy Policy.
We reserve the right to deny Services or terminate accounts at our discretion if we believe you have violated or are likely to violate applicable laws or these Terms and Conditions.

Scope of Services:

You may access and view content on the Platform exclusively for availing the Services and only in accordance with these Terms and Conditions. Modifying platform content, reproducing, displaying, publicly performing, distributing, or using such content for any public, commercial, or personal gain is strictly prohibited.

Prohibitions:

Without express written permission from Y&I Wellness Private Limited, you are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or otherwise exploiting the Platform or any part thereof.
Commercial use of the information provided on the Platform is strictly forbidden.
Impersonating any person or entity, or providing false information about your identity, age, or affiliation, is not allowed.
Assigning, transferring, or subcontracting any rights or obligations under these Terms or any related order for Products to a third party is not allowed without prior written agreement from Y&I Wellness Private Limited.
You are prohibited from uploading, distributing, or publishing the following content, referred to as Prohibited Content, on the Platform:
1. Content that belongs to someone else without owning the rights to it.
2. Material that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of privacy (including bodily privacy), insulting or harassing based on gender, libelous, racially, or ethnically objectionable, or inconsistent with the laws in force.

Hateful, racially, or ethnically objectionable, or disparaging content directed at any person.

Content related to or appearing to encourage money laundering or gambling.
Content that harms minors in any way.
Material that infringes on any patent, trademark, copyright, or other proprietary rights.

Violations of any current law in India.
Deceptive or misleading information that intentionally communicates patently false or misleading information but may be perceived as factual.

Information that is grossly offensive or menacing.
Impersonation of another person.
Content containing software viruses, or any other computer code and malicious programs designed to interrupt, destroy, or limit the functionality of any computer resource.

Threats against the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, promoting enmity between different groups on religious or caste grounds with the intent to incite violence.
Patently false and untrue information written or published with the intent to mislead or harass for financial gain or to cause harm.
Incitement of any offense, obstruction of investigation of any offense, or insults directed at any other nation.

Abusive or inappropriate content directed at any employees, consultants, or technicians of Y&I Wellness Private Limited, or affiliate you may interact with for availing Services.

Content not related to medical consultation or any of the services provided by us.
Failure to comply with these guidelines gives us the right to remove such information and/or immediately terminate your access to the Services and/or the Platform.

Advertising Guidelines

As part of our service offerings, third-party advertisers can showcase ads on the Platform. We ensure clear distinction by labeling advertisements as “sponsored,” “from our Advertisers,” or “advertisement.” Ad content, though not subject to editorial review, must align with our Terms and Privacy Policy. All ads undergo meticulous scrutiny and approval by Y&I Wellness Private Limited. We retain the right to decline or remove any ad for any reason. The Advertising Policy is universally applicable to all ads on the Platform.

Honesty regarding products or services is paramount.
Ads must refrain from creating unrealistic expectations, being misleading, or offensive.
Advertisements are expected to maintain responsible and high standards without compromising consumer protection.
Clarity in disclosures within ads is imperative.
Testimonials and endorsements within ads must fully comply with applicable laws and regulations. A clear segregation is maintained between advertising and editorial content.

Prohibited Content in advertisements:

Ads must steer clear of infringing on legal rights or being false, misleading, fraudulent, defamatory, or deceptive.
Prohibited content encompasses hate speech, nudity, drug use, excessive violence, shocking or disrespectful content, and more.
Certain products and services are strictly prohibited, including adult products, tobacco, counterfeit goods, illegal drugs, firearms, and more.
Ads promoting alcohol, online dating, gambling, financial services, contraceptives, online pharmacies, and political content require case-by-case approval.
Ads implying the use of drugs for specific purposes are strictly prohibited under the Drugs and Magic Act.

In essence, ads on our platform must embody truthfulness, responsibility, and compliance with rules and regulations. Rigorous review and approval processes are in place to ensure strict adherence to these standards.

Product & Services Information

Y&I Wellness Private Limited strives for accuracy in describing products on the Platform. However, Y&I Wellness Private Limited does not guarantee the accuracy, completeness, reliability, currency, or error-free nature of product descriptions, colors, or other content on the Platform. The Platform may contain typographical errors or inaccuracies and may not be entirely current. The product images are indicative and may not precisely match the actual product.

Y&I Wellness Private Limited has the right to correct, modify, or update information, errors, inaccuracies, or omissions at any time, including after an order has been submitted, without prior notice. Please be aware that such errors, inaccuracies, or omissions may also pertain to product or service pricing and availability.

Product Use & Services

The products and services on the Platform, as well as any services provided by the Platform, are intended for personal and/or professional use only. Products, services, or services received from us should not be sold or resold for any commercial purposes.

Recommendation of the Product & Services

Any recommendations for product provided to you are purely for informational purposes. While Y&I Wellness Private Limited strives to offer helpful suggestions, it’s crucial to consider these recommendations as informational and consult with a specialist when making decisions about product and service usage.

Data & Information Policy

We value your privacy rights concerning any personal information provided for availing our Services. To understand how we collect and use your personal information, please refer to our Privacy Policy.

Account Deletion: Users have the privilege to delete their Y&I Wellness Private Limited account and personal information at any time, aligning with Y&I Wellness Private Limited’s commitment to data privacy and relevant regulations. Y&I Wellness Private Limited will erase user data within 45 days of the account deletion request, and no further communications will be issued. Retrieval of deleted data will be impossible, except upon specific user request for account reactivation. Following account deletion, Y&I Wellness Private Limited will label the phone number as ‘inactive,’ enabling subsequent logins without data retrieval. Users can find detailed information, including FAQs on the entire process of account deletion and restoration, on Y&I Wellness Private Limited’s Platform.

Intellectual Property and Ownership

All Confidential Information, including the underlying intellectual properties (“IP”) developed by Y&I Wellness Private Limited, its affiliates, or third parties under contract to Y&I Wellness Private Limited, remains the exclusive property of Y&I Wellness Private Limited.

You are obligated by the following terms regarding ownership of Intellectual Properties:

All materials, software, documentation, methods, apparatus, systems, and similar items created, developed, conceived, or delivered in connection with the Services and any use of Our Platform under this Agreement shall be considered IP.
Y&I Wellness Private Limited holds exclusive title and ownership rights, including all intellectual property rights, in all Services. In cases where exclusive title and/or ownership rights do not initially vest in Y&I Wellness Private Limited as envisioned herein, you hereby irrevocably assign all right, title, and interest, including intellectual property and ownership rights, in the Services, medical records, and information to Y&I Wellness Private Limited. You shall ensure your representatives also irrevocably assign such rights in the IP to Y&I Wellness Private Limited.
All uses of trademarks, service marks, and trade names in the Services or during the Services’ performance, along with associated goodwill, whether by you or third parties, benefit Y&I Wellness Private Limited.
You agree not to bypass, disable, or otherwise disrupt security features of the Platform or features preventing or limiting material use. The materials on the Platform or elsewhere may not be altered, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other methods.

No use of these materials is permitted without Y&I Wellness Private Limited’s prior written authorization.

Amendments

We may periodically update or revise these Terms and Conditions. Prior to using the Platform, please review the relevant Terms and Conditions and Privacy Policy to ensure you are aware of the terms in effect at that time.

Force Majeure

We are not accountable for any non-compliance or delay in complying with our obligations under any contract due to events beyond our reasonable control (referred to as “Force Majeure”). This includes acts, events, failures, omissions, or accidents beyond our control, such as strikes, civil unrest, natural disasters, government actions, and more. Our obligations under any contracts will be suspended during the Force Majeure period, and we will be granted an extension to fulfill these obligations.

Termination

We reserve the right to terminate this arrangement at any time, with or without cause. You can terminate this arrangement by discontinuing your access or use of the Platform.
We may immediately terminate Services if your conduct is deemed to contravene applicable laws, rules, regulations, or these Terms and Conditions, or if it is considered unethical or immoral.
In case of a change in law, we may suspend our obligations under any contract indefinitely and/or provide Services under revised Terms and Conditions.

Applicable Laws, Jurisdiction, and Dispute Resolution

The use of our Platform is governed by Indian laws, without reference to conflict of laws principles.
Any dispute related to our Services is subject to the exclusive jurisdiction of courts in Delhi, India.
If a dispute arises, the parties will attempt resolution through conciliation and negotiation. If unresolved, the dispute may be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, with the seat and venue in Delhi, and conducted in English.

Severability

If a court finds any provision of these Terms, or portion thereof, unenforceable, it will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force.

Waiver

No provision of these Terms shall be deemed waived, and no breach excused, unless in writing and signed by Y&I Wellness Private Limited. Y&I Wellness Private Limited’s consent or waiver for any breach shall not constitute consent, waiver, or excuse for any other different or subsequent breach.

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