TERMS OF USE

 THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011 AND CONSUMER PROTECTION (E COMMERCE RULES) 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN MAGICIANS OF WELLNESS (INDIA) PRIVATE LIMITED (REFERRED HEREIN BELOW AS “MAGICIANS OF WELLNESS”), AND USER. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN MAGICIANS OF WELLNESS (INDIA) PRIVATE LIMITED AND USER FOR PRODUCTS THROUGH PLATFORM www.happysoulindia.com. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENTS/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY MAGICIANS OF WELLNESS (INDIA) PRIVATE LIMITED.

1.   INTRODUCTION 

Welcome to www.happysoulindia.com (Platform/Mobile Application) under brand name Happy Soul that is absolutely owned and operated by “Magicians of wellness (India) Private Limited” a Private Limited Company established under Companies Act, 2013 (hereinafter referred to as “Magicians of wellness”, which expression shall unless repugnant to the context thereof, include its successors and assigns).

If You (“You/Yourself/Subscriber/Guest”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions of use of the Platform, refund and exchange policies (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Platform’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Platform.

2.   DEFINITIONS

“Defective Product(s)” means any Product that is (i) expired or not as per the description of the Product as posted on the Platform or; (ii) defective or damaged or not suitable for consumption or use or; (iii) not as per measurement, dimensions, quality, quantity, instructions and warnings regarding manufacturing or design if specifically mentioned on the Platform or; (iv) violative of disclaimers mentioned on the Products.

“Magicians of wellness” “firm”; “us”; “we”; “our” shall mean Magicians of wellness Private Limited company incorporated under the Companies Act 2013, having its registered office at H. NO. 204, Zor Wado, Anjuna, Bardez, Mapusa, North Goa 403509, India.

“Order(s)” means an electronic order placed on the Platform by the User containing data such as number of orders placed, size, description of Products, location of delivery, address, quality, quantity etc. regarding Products. Purchase order shall be referred to as Order(s).

“Platform” shall mean www.happysoulindia.com website and mobile application owned, operated and managed by us.

“Product(s)” shall mean various Products and services updated by Vendor and offered on the Platform.

“Register” shall mean Users registering to the Platform to order Products as provided by the Platform.

“Users” shall mean clients of happysoulindia.com who purchase Products and place Order on the happysoulindia.com platform.

“Vendor(s)” shall mean Vendor enrolled with the Platform, who list their products on the virtual warehouse of the Platform, subject to approval of the Platform, for offering their Products to the Users on the Platform.

“You” or “Your” or “Yourself” refers to the Users or viewers or subscribers of this Platform.

3.   REGISTRATION AND PASSWORD 

Products listed on the Platform are available for all who are interested in wellness Products as may be offered from time to time.

For Users, there is no fee to access the Platform but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You. As a guest, any viewer can navigate and browse through the Platform. However, Users must Register to order the Products available on the Platform. Registration can also be done through log in credentials on Google, Facebook or any other mode as prescribed by Platform from time to time. In case You login through Facebook or any other such Platform, You authorize the Platform to obtain and verify Your credentials with such Platforms. You may need to mention Your personal information including but not limited to name, address, contact details, Product preferences, gender, age, mobile number, occupation while registering Yourself on the Platform. You agree that at the time of registration, the information provided by You shall always be accurate, correct, and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform, and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Platform from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.

You agree, understand and acknowledge that the Products are supplied and put up for sale by the Vendors, and the Platform is merely an aggregator. Thus, you shall access the products which are controlled by the vendor, and the Order shall be placed on the happysoulindia platform. The Order shall be subject to confirmation by the Vendor. Upon confirmation of Order, it shall be supplied to you within the specified days.

4.   PRODUCTS DESCRIPTION 

• Through this Platform, we bring holistic, wellbeing, health, rejuvenation, and premium quality Products to You through Vendors registered on the Platform. You can purchase the Products which is made available on Platform from time to time.
• Certain Products which if You intend to use for pregnant women, physically or mentally challenged individuals, old age or senior citizens, for children or for any individual who has allergy or undergoing any medical treatment of physical or psychological nature or any other treatment of whatsoever nature or otherwise, we recommend that, You shall obtain specific expert/medical practitioner’s advice prior to use of the Products. In addition to this, You may get acquainted to disclaimers regarding Products on the Platform. Unless specifically identified, Platform makes no specific warranty that such Products are suitable for any specific cases.
• The Products made available on the Platform, and the samples, if any, that Platform may provide, are for Your personal use only. You shall not sell or resell any of the Products, or samples thereof, which You may purchase on the Platform, for any commercial reasons. In case any Products purchased / received causes side effects or doesn’t suit You, Your sole remedy shall be against the Vendor, please note that Magicians of wellness is in no manner responsible for any side-effects. Vendor of the Products shall be solely responsible to resolve your complaints. The Platform will guide and assist You to get remedy to Your complaint. You must carefully read the individual terms and conditions in relation to the Products and consult a medical practitioner/specialist before usage.
• Any recommendation made to You on the Platform during the course of Your use of the Platform is purely for informational purposes and for Your convenience and does not amount to verification or endorsement of the Products by Platform or any of its associates in any manner. In any case verified means checking of Products related certifications only. Recommendations are not binding on You and are based on variety of personal factors, including but not limited to user choices, user review, ratings, user testimonials, past performance of Products and experience of Users. Platform shall not be responsible in case your requirements are not satisfied after consumption of Products.
• The Products are priced according to the Pricing provided by the Vendors. The prices are subject to changes, and Platform shall not be held liable for any changes in prices.
• If any Products are being imported, it is the responsibility of the Vendor to mention the names and details of the importer from whom they have procured the goods.
• Platform shall display information about the Vendor, which shall be provided by the Vendor, including but not limited to name of businesses, address, feedback or rating.

5.   USE OF PLATFORM 

• User agrees, understands and acknowledges that Platform is merely a facilitator for Vendor, to make available Products for the Users and Platform is not liable in whatsoever manner with respect to any Products/quality/delivery related complaints.
• Use of Platform is subject to these Terms of Use, Privacy Policy and any other policies and conditions that may be notified on the Platform.
• The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) juristic entities whether incorporated or not e.g., companies, limited liability partnerships, not for profit organizations, association of persons, etc.
• You may order Products available on the Platform only.
• Users can browse and shop on the platform. The same Order will be shared to Vendor for confirmation. Vendor will confirm availability of Products in Ordered stock, quantity, quality and all such attributes relating to packing etc.  Once this confirmation is granted to the Platform, the Order shall be processed and kept ready by the Vendor. The Logistics Partner appointed by the Platform / Vendor shall collect the Products for delivery to the Users. 
• You understand and acknowledge that it is Your responsibility to read and understand all information about each Products before You book such Products.
• Before actual purchase of the Products, You shall:
  • Ensure that, You understand all information and fill correct data about each Product before buying through the Platform.
  • Ensure that, particular Product is available on the date of delivery chosen by You and the manner in which You intend to have the Products and all other relevant factors with respect to relevant Products.
• Before You make payment to order any Products provided by the Vendor, please make sure You fill in correct data such as:
  • Number of orders placed
  • Size
  • Description
  • Location of delivery
  • Address
  • Quality
  • Quantity expected date of delivery
• In case of any wrong information or data is provided, You may not receive appropriate Products and You shall be solely liable at Your cost for replacement.
• Once the Order is placed, You shall be directed to the payment gateway option for making the payment as per the terms and conditions specified herein. On making the necessary payments, You shall receive the Products on the address provided by You at the time of placing the order.
• You understand and acknowledge that pictures, photographs displayed on the Platform are provided by the Vendor and uploaded “as it is” by the Platform. No verification of the accuracy of such image or photograph is conducted by Platform unless specifically mentioned otherwise. You further agree that the experience that You get may vary due to brand, location, timing, weather, or any other reason which is beyond the control of the Platform. You understand and acknowledge that the Platform is prone to unintentional inaccuracies in content. For example - typographical errors, improper linkages, etc.
• You understand, acknowledge and agree that You shall be solely responsible for availing any Product available on the Platform and the Platform shall not be responsible or liable in any manner whatsoever. You may use the Products after consultation with Your personal physician or doctor.
• You understand, acknowledge and agree that information regarding nutritional diet and health related other information shall be provided in a generic manner and not as a specific advice to You.
• You can rate Products on usage. However, You shall not give comments or remarks maliciously and not to use derogatory or defamatory language.
• You understand that Products which are of perishable nature should be used immediately and in any case prior to expiry date.
• We may share information regarding new arrivals through emails or SMS if You are agreeing to such mode of communication.
• You understand, acknowledge and agree that there shall be no guaranteed results to any Products consumed availed by You.
• In case any Product that is not available due to any Force Majeure event, the Platform shall not be liable to refund to You Your booking amount in whatsoever manner unless refunded by Vendor. If You are not able to avail any Product due to any reason including but not limited to medical reason, the Platform shall not provide any refund to You. In case You are not able to login or view or in case of any deficiency in Products available on the Platform, You can write to the Platform on [email protected]
• User accepts, agrees and acknowledges that when You click on the I accept tab on the Platform before making the Purchase, Platform shall consider Your acceptance for the transaction.
• You understand, acknowledge and agree that Platform shall raise an invoice to you on behalf of Vendor at a price fixed by vendor, and You shall pay the same amount to Platform as directed.

6.   MODE OF PAYMENT 

Payment shall be made by way of credit card, debit card, net banking, mobile payments or by any other authorized payment mechanism as may be available. User shall be liable to pay GST or any other taxes as may be applicable from time to time.  Platform shall act as a payment collector and invoices shall be issued by the vendor.

User agrees to abide by and adhere to the terms and conditions of payment gateway providers. The User hereby agrees and acknowledges the fact that the Platform only collects payments on behalf of the Vendor. In case User opts for EMI payment option, which is available for particular Product, User agrees to abide and adhere to the terms and conditions of payment gateway providers and bank, and Platform shall not be held liable for any default in payment of such EMI or issues that may arise from it.

7.   DELIVERY OF PRODUCTS 

Platform is responsible to facilitate and co-ordinate/assist the delivery of the Products as per Order placed and accepted by Vendor. The delivery shall be facilitated by the authorized delivery partner of the Platform /vendor.

You understand, acknowledge and agree that the Vendor is responsible to timely dispatch the Products in accordance with such instructions. Vendor is responsible that every Product including but not limited to fragile items are safely and securely packed before handing over to delivery partner. Delivery partner is responsible to safely handle Products in transit and deliver them to the address mentioned at the time of Order.  Platform shall not be responsible for inspection of Products before its dispatch or any issues related to delivery.

8.   REFUND AND EXCHANGE POLICY 

Refund and Exchange of Defective Product shall be as per the separate Refund and Exchange policy available on the Platform and User agrees and acknowledges to abide by those terms and conditions before requesting return or exchange. Users can find this policy by clicking on this hyperlink         

Refund  & Return.

9.   CUSTOMER SUPPORT 

Any complaints regarding Products will be resolved through a ticket generated through the Platform, through which You can track the status of the complaint.

• In case you notice any Content, which is inappropriate, offensive, indecent or objectionable with respect to religious values, culture, caste, nationality, beliefs You shall email to us on [email protected]
• For the purpose of resolution of the dispute, your complaint shall be directly transferred to Vendor and Magicians of wellness shall not be part of the dispute resolution procedure but will assist to seek remedy.
  
• There shall be an FAQ section as well as a customer support link on the Platform, which shall assist and guide you for various aspects of the Platform, including but not limited to any queries while making the purchase, any complaints about the Products or the vendor, or any technical issues that You may face while using the Platform.
• Details of the grievance officer will be provided by the Magicians of wellness on the Platform, who shall endeavor to address Your complaints within forty-eight (48) hours and redress complaint within one (1) month of date of receipt of complaint.

10.   CHANGE IN TERMS

Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products and the Platform (or any part thereof) with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. Platform will provide a notification or pop up in case of any changes in Terms of Use and Privacy Policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.

11.   REWARD SYSTEM 

Platform may extend any reward points or loyalty points to You as decided by us from time to time. Platform shall allot these reward points to You at their own discretion and Platform may change terms and conditions related to these reward points at any time. You can redeem the reward points given to You. However, You cannot exchange any of the reward points awarded to You for cash. You understand and acknowledge that reward points could be redeemed only on the Platform, and it does not carry any monetary value.

Platform may offer various discounts and offers for You to avail. You may avail any such discount or offers offered by the vendor. The discounts and offers provided by the vendor are subject to the terms and conditions of the offer, and Platform shall not be held liable for any discrepancy on the same.

12.   CONTENT AVAILABLE

We follow ethical business practices and intend to provide the content, which is authorized, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, Vendor or any other content provider (collectively, the “Content”) which You may have access to as part of listing of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on [email protected] After registering the complaint, Platform shall review the complaint received and if the complaint is found to be true, then the Platform will take appropriate legal actions against such incidence including removal of such Content. Videos, photos which are provided by Vendor may or may not be checked by Platform.

13.   CONTENT SUPPLIED BY YOU 

Platform has granted You the right to comment, rate, review and provide feedback on the content, collectively referred to as “Your Content”. We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content on a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material. You shall not provide any reviews and feedbacks which are malicious, derogatory or defamatory in nature.

14.   LINKS TO THIRD PARTY SITES 

This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.

Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.

The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its Products unless specifically mentioned by Magicians of wellness. You are referred to the relevant advertiser for all information regarding the advertisement and its Products.

Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

15.   ANCILLARY SERVICES 

You may get access to message boards, chat rooms, forums, blogs, emails, workshop, seminars and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Magicians of wellness shall not be responsible for any copyright infringement for the blogs written on the Platform. You shall not use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism or otherwise violating the legal rights, such as rights of privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity.

16.   PROHIBITED CONDUCT 

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation:

You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by

(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platforms; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Platform.

 Impersonation or unauthorized access:

You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking, password mining or any other means.