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This legal agreement is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Application.
This Website is created and operated by M/s Virtual Studio Private Limited, having its registered office at 504, DLF Commercial Centre, Savitri Cinema Complex, GK-II, New Delhi- 110048, India (hereinafter referred to as “We”, “Our”, and “Us” and operating under the brand name “HEALTHYRAM” (“Brand Name”). We intend to ensure your steady commitment to the usage of this Website and the market place model platform and services provided by us through our website “www.healthyram.com
For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Website, platform or individual apart from the Users and the creator of this Website.
GENERAL TERMS
- The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Website.
- The use of this Website is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
- You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
- You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Website constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.
- We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed terms.
PLATFORM OVERVIEW
The Platform operates as an intermediary have created a social networking global marketplace model platform capable of offering the deepest of values of Ancient Indian Wisdom supported by today’s modern technology. This is the core ideology of HealThyRam. We align our actions, ambitions and conduct towards the Vision, i.e., promoting wellness. HealThyRam brings renowned organizations / individuals on board, service or product providers in the field of wellness. These must have established proven credibility. HealThyRam leverages the power of social processes and intense collaboration of likeminded energies enabling end beneficiaries to avail facilities of the ancient Indian wisdom and modes of healing. Furthermore, HealThyRam is in perfect synchrony with the Ministry of Ayush’s wellness mission: that is aimed at establishing a holistic wellness model based on AYUSH principles and practices focusing on preventive, promotive, curative, rehabilitative and palliative healthcare by integration with the existing public health care system.
The wellness experts (Individuals) are facilitated to conduct customized online events, webisodes offering live services including classes, consultancy and discourses. These are live as well as offered as on-demand streaming. Categories include Homeopathy, Ayurveda & Siddha, Acupressure, Energy healing – Reiki & Pranic, Vaastu, Astrology. Food & Nutrition is also included, plus any other innovative theme.
HealThyRam in order to pursue their goodwill into the world will be coordinating and joining hands with diverse groups of people all over the world that will be contributing HealThyRam’s message of spreading wellness awareness. In order to carry forward with the journey of HealThyRam we shall require the contribution of members of the society to add value to our journey. Following is the member engagement HealThyRam will be seeking along with their detailed terms;
REGISTRATION
Registration on the Platform is optional for Users of the Website. The Users can register by providing the following information:
- Name
- Phone Number
- Email ID
- Address
- City
For Wellness Vendor they need to submit their GST Registration No., FSSAI registration, and any other registration, certification, licensing, etc., required to operate the business.
The Users cannot link their social media accounts such as Google and Facebook at the time of signing up on the Application.
ELIGIBILITY
- You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
- You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
- You shall not use the Website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
PAYMENT GATEWAY
For making all payments for services on the Website, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
PAYMENT & PAYMENT WITHDRAWAL TERMS
Payment schedule: HealThyRam.com will pay vendors every 15th day for orders that have been executed and fulfilled by the vendor, subject to there being no disputes or refunds from customers.
Payment threshold: The minimum payment threshold for vendor payouts is INR 2000 or USD 25.
Payment methods: Payment methods for vendor payouts will be limited to bank transfer only.
Payment processing fees: HealThyRam.com will deduct its platform processing fees & and any other applicable taxes from the total order amount. Government taxes and duties are over and above the platform processing fees and will be deducted separately. The vendor will receive the remaining amount, which will be 40-50% of the net order/billed amount for online (virtual) products/services and 15-25% of the net order/billed amount for physical products.
Payment reserves: HealThyRam.com may require vendors to maintain a payment reserve to protect the security and integrity of the marketplace and its users. The payment reserve will be held by HealThyRam.com for a period of up to 45 days, after which it will be released to the vendor.
Deposit delays: HealThyRam.com may delay payments to vendors for up to 30 days to ensure that there are no disputes or refunds from customers.
Payment holds: HealThyRam.com may place a hold on a vendor’s payment if there is a dispute or refund request from a customer. The hold will be released once the dispute is resolved or the refund is processed.
Payment dispute resolution: In case of payment disputes or issues, HealThyRam.com will follow its dispute resolution process as outlined in the vendor agreement or a separate policy.
CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website.
All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, and modify any content without written permission from Us.
SHIPPING
Shipping Responsibility: Vendors selling physical products on HealThyRam.com are solely responsible for shipping the products to customers who purchase them. HealThyRam.com does not assume any responsibility for shipping or delivery of products.
Shipping Methods: Vendors are free to choose the shipping method they prefer to use for their products. However, they must ensure that the chosen shipping method is reliable and provides tracking information to customers.
Shipping Timelines: Vendors are expected to ship the products within the timelines specified on their store pages. Customers will be notified of the expected shipping timeframes at the time of purchase.
Shipping Charges: Vendors are responsible for setting their own shipping charges. HealThyRam.com does not charge any additional shipping fees to customers.
Shipping Delays: Vendors must notify customers of any shipping delays or issues that may arise after the purchase has been made. Customers must be kept informed about the status of their order and provided with an estimated delivery date.
Shipping Damage: Vendors are responsible for ensuring that the products are packaged securely to prevent any damage during shipping. In case of any damage during shipping, vendors must make arrangements to replace or refund the damaged products.
International Shipping: Vendors are free to offer international shipping, but must ensure that they comply with all applicable laws and regulations. Customers must be informed about any additional shipping charges, customs duties, or taxes that may apply to their order.
Indemnification: Vendors agree to indemnify and hold HealThyRam.com harmless from any claims, damages, or losses arising out of or related to their shipping activities.
Shipping Insurance: Vendors are required to purchase shipping insurance for their products.
Shipping Terms Updates: HealThyRam.com reserves the right to update or modify the shipping terms at any time. Vendors will be notified of any changes and must agree to the updated terms before continuing to sell on the platform.
Shipping Disputes: In case of any disputes related to shipping, HealThyRam.com has the right to mediate or resolve the dispute in a way that is deemed fair and reasonable.
Shipping Performance Metrics: HealThyRam.com establishes performance metrics for vendors related to their shipping practices. Vendors are required to meet these metrics to continue selling on the platform.
Shipping Refunds and Returns: Vendors are required to have a clear refund and return policy for their products. Customers must be able to return products for a refund or exchange within a specified timeframe.
INDEMNITY
You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:
- Your use of the Website,
- Your violation of these Terms of Use;
- Your violation of any rights of another;
- Your alleged improper conduct according to these Terms of use;
- Your conduct in connection with the Website;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by Us through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website.
- You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.
- The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
- To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
TERM
- These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Websites.
- You may terminate your use of the Website at any time.
- We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Website at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Services and Websites without any prior notice.
TERMINATION
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
- We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
- You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.
COMMUNICATION
By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “support@healthyram.com______” if you find any discrepancy with regard to Website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.e.
You expressly agree that notwithstanding anything contained hereinabove, Youit may be contacted by Us relating to any services availed by You on the Website or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Website and you:
- Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website.
- The Wellness Vendor take the sole and absolute responsibilities of the quality or quantity of the Product. In case of any discrepancy, the Wellness Vendor shall be solely liable.
- The Customer understands that the Application is not selling any product and they are merely bridging the gap between the two. The Customer will holdhole the Wellness Vendor liable for any fault, defect and discrepancy in the Product.
- Authorize the Website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
- Understand and agree that, to the fullest extent permissible by law, the Website or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites.
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (s);
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Website, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Website without prior intimation whatsoever.
- You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:
- If you are in breach of any of these Terms of Use or the Privacy Policy;
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website or such other third party and other distinctive brand features of the Website are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other users and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Website at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Website.
- It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.
In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi, India.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
- Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at su*****@he********.com or by writing to us at
M/s. Virtual Studio Pvt. Ltd.,
504, DLF Commercial Centre,Savitri Cinema Complex
GK-II, New Delhi-110048, India
Annexure 1
Core Team Members
Core team members have a major role to play in the project and bring a skill set that has broad applicability across the range of work undertaken in the project. They might also have responsibility for key activities or sets of activities in the project. They can be Administrators, Decision maker, technical team, operative managers
This professional staff can be assigned to more than one project at a time. This case is especially true when a staff member possesses a skill not commonly found in the staff.
The Selection Criteria will differ from situation and event wise, the project manager may select them based on the situation and there is no particular criteria for their selection.
The characteristics that we at HealThyRam consider important for the core team members are as follows:
Commitment.
Commitment to the project by the core team is critical to the success of the project. The project manager must know that each core team member places a high priority on fulfilling his or her roles and responsibilities in the project. The core team must be proactive in fulfilling those responsibilities and not need the constant reminders of schedule and deliverables from the project manager.
Shared responsibility.
Shared responsibility means that success and failure are equally the reward and blame of each team member. Having shared responsibility means that you will never hear one team member taking individual credit for a success on the project nor blaming another team member for a failure on the project. All share equally in success and failure. Furthermore, when a problem situation arises, all will pitch in to help in any way. If one team member is having a problem, another will voluntarily be there to help.
Flexibility.
Team members must be willing to adapt to the situation. “That is not my responsibility” doesn’t go very far in project work. Schedules may have to change at the last minute to accommodate an unexpected situation. It is the success of the project that has priority, not the schedule of any one individual on the project team.
Task-Oriented.
In the final analysis it is the team members’ ability to get their assigned work done according to the project plan that counts. In other words, they must be results-oriented.
Ability to work within schedule and constraints. Part of being results-oriented means being able to complete assignments within the timeframe planned instead of offering excuses for not doing so. It is easy to blame your delay on the delay of others—that is the easy way out. The team member will encounter a number of obstacles, such as delays caused by others, but he or she will have to find a way around those obstacles. The team depends on its members to complete their work according to plan.
Compensation.
Annexure 2
Volunteer/ Contributing Members
HealThyRam is a company that along with commercial interest also wants to spread goodwill for the purpose of social impact, pursuant to this they are in a mission of finding professional volunteer talent to assist them on specific projects and initiatives.
Volunteer agrees to provide volunteer services to HealThyRam thereby assisting in completing a Project with HealThyRam. Volunteer agrees to notify HealThyRam immediately if Volunteer does not wish to work with the specific Project. Failure to notify HealThyRam in a timely manner will constitute Volunteer’s acceptance of working with the Project for the duration of the entire Project. Volunteer agrees that he or she will use their best reasonable efforts when providing volunteer services.
For the duration of the Project, Volunteer represents and warrants that: i) Volunteer will use his or her reasonable best efforts in fulfilling any Projects assigned by a HealThyRam. Volunteer will act in a professional, businesslike, and respectful manner while working with Project and representatives of HealThyRam. b) Volunteer has provided truthful and accurate information regarding his or her professional skill and background. c) Volunteer will abide by this Agreement, the conditions listed in the Terms of Use and any other applicable agreements. Volunteer has the right to transfer ownership to any Work Product provided to HealThyRam.
Volunteer agrees that he or she is volunteering his or her time to the Project. Volunteer acknowledges that he or she is not an employee of the HealThyRam, and has no expectation of future employment with the HealThyRam, and that he or she is not eligible for health insurance, life insurance, retirement, or any other benefits.
If volunteer has, is, or comes employed to be employed by HealThyRam, his or her volunteer service shall not be credited for pension or retirement purposes or any renumeration. Additionally, Volunteer agrees that he or she has not been promised and does not expect any compensation or anything of value in exchange for volunteering. HealThyRam reserves the right but is not obligated to pay the Volunteer an honorarium in the event that a project Volunteer worked on receives funding or becomes a commercial product.
This Volunteer services shall become effective as of the date Volunteer enters into it and shall continue until termination or the end of the project for which they are being availed. Either Party may terminate this Agreement by giving notice to the other Party in writing.
| Role A: Contributors/ Volunteer | |
| Eligibility: | Should be a Member – wellness experts/ masters/ thought leaders |
| Benefits | 1> Get to participate and influence improving the quality of Content for the Event Series. 2> Get a Certificate of Contributor by HNBC. |
| Role | 1> Coordinates with other stakeholders 2> Support in event production 3> Guides/Trains other stakeholders |
| Annual Fee | N/A |
Annexure 3
Attendees/Guests
| Attendees | Eligibility |
| Visitors | All visitors to our Websites and Social Media platforms can Register for HNBC Membership |
| Guests | Promoter Members, EOUs, SEZs, & Overseas Delegation |
| HNBC Membership Apply | All wellness experts, masters, thought leaders, and seekers |
| Benefit | Register for HNBC Membership to Jointly participate in Events and workshops 2> Get your question answered Live by experts – Q&A 3> Participate in Poll, Chat 4> Entry to Lucky Draw*/Quiz > Chance to win discount coupons for $25 on superior VSWORLD solution packages/ or one FREE consultation with the experts! |
| Fee | $ 5- ( Early Birds pay only $ 2) |
Annexure 4
Keynote Speakers
At HealThyRam, we search for speakers who will inform and inspire, surprise and delight and spread the message of our core values. Our presenters are charismatic individuals that have attained vide respect and reputation on their given fields. HealThyRam also seeks out emerging artists, and thinkers, introducing them to the HealThyRam community.
HealThyRam would like to record and capture your presentation or performance in audio and/or video format. To that end, we want to make certain that both you and the HealThyRam have the necessary rights and protections to continue to benefit from your presentation. At the end of this process, a media release will be generated covering the captured presentation or performance (“Recording”) and use of all content and materials that are presented in or otherwise provided for use in connection with the Recording (“Materials”).
HealThyRam will hold the copyright to the Recording and would like to have the option to continue to use the Recording and Materials. In addition to creating an archive copy for educational purposes, possible uses of the Recording include, but are not limited to, inclusion in HealThyRam websites, social media, and delivery to the public via affiliated brand partners, promoters and media outlets. You also understand that the Recording and Materials may be captured and delivered in any media, format, and form of distribution, including, without limitation, broadcasting and live streaming.
Finally, please understand that there is nothing in this Release requiring you to give your ideas or copyright to HealThyRam. If you plan to give the same talk, performance, or presentation somewhere else, there is certainly nothing in this release that would keep you from that engagement and you will retain all of your intellectual property rights to the underlying presentation, performance or content presented by you that are captured in the Recording. And, unless there is an exception called out to you by your HealThyRam host, HealThyRam is happy to provide a copy of the Recording to you and will grant you a non-exclusive license to use the Recording for your personal non-commercial use.
Please keep in mind that HealThyRam marks, including HealThyRam’s name and logo, which are often captured in the Recording, may not be used without the prior written consent of HealThyRam. We would kindly require our brand custodians, promoters, media partners and sponsors to maintain harmony and sync with our brand tonality, share of voice and values when sharing content/ endorsing content on their communication channels.
| Role B: Speakers Event Panelist EOUs, SEZs, Overseas/ DTA | |
| Eligibility: | Expert Industry Professional on an event topic, especially on Wellness, Economic development, training; has fluency in English/Hindi |
| Benefits | > Get to speak on the given topic at the discussion panel. Reach out to your community. > 20-sec intro by the host for you and your organization |
| Annual Fee | NIL > Plus those who additionally volunteer also to be a Business Development Partner and exceed the min commitment of $14,000 – $42,000 fundraising for meeting the running cost of conducting all the workshops; planning, organizing, directing, coordinating and implementing the community online and hybrid events-get promoters+sponsors) (Get exp/ incentive of 10%) |
| Role C: Service/ Product Wellness vendors | D: LIVE Event Showcase for Self | |
| Eligibility: | All wellness experts, masters, thought leaders, and seekers Manufacturer/Distributor/Retailer of products from the Wellness & or AYUSH fields or organic or herbal products | HNBC Wellness Vendor/ Speaker/ Promoter / Contributor – wellness experts/ masters/ thought leaders |
| Benefits | 1> Marketplace platform to sell products/services. → Manage your own product/service | Get a 1-2 min window to showcase your product launch/innovation – via live stream at the event*. (Rs. 15K) > 30 sec AV as pre-roll /post-roll Ad’*(Rs. 5K) |
| Annual Fee | However, here at this platform contributing members get to use the membership discount coupons to avail amazing rates at HealThyRam.com -@ @ $300/- + $2/ image (up to 5 products – images free) + platform running charges → As per HTR terms on sales, 20% per sale for exceeding Member, and 30% for contributing members 40% for Under contributing member | And 50-50% for Sponsored FREE BEE as per First Touch Point |
Terms and Conditions for Artists Selling Artworks on www.healthyram.com
Addendum to Vendor Agreement (as mentioned above on this webpage): Terms for Artists Selling Artworks on www.healthyram.com
This Addendum to the Vendor Agreement (“Addendum”) outlines the specific terms and conditions for artists (“You”, “Artist”) selling their artworks on the wellness marketplace www.healthyram.com (“Platform”). By registering as an artist and listing your artworks for sale, you agree to be bound by the terms of this Addendum, in addition to the general Vendor Agreement (above on this webpage) already in place.
Artwork Listing
You must provide an accurate and complete description of each artwork listed on the Platform, including but not limited to, the title, dimensions, medium, materials used, and any other relevant details. You are responsible for setting the price of your artwork, taking into account the applicable GST and Healthyram’s commission. You agree to sell only authentic, original artworks and not reproductions or unauthorized copies
Intellectual Property Rights and Warranty
You represent and warrant that you are the creator and owner of the artworks you list on the Platform, that the artworks are original and free from any liens or encumbrances, and that you hold all necessary intellectual property rights, including copyright, to sell your artworks without infringing upon the rights of any third party. You also grant Healthyram a non-exclusive, royalty-free, and worldwide license to use, display, and promote your artworks on the Platform and in any marketing materials related to the Platform
Sales and Commissions
Upon the sale of your artwork through the Platform, Healthyram will retain a 40% commission of the sale price. The remaining amount, minus any applicable taxes, will be paid to you within 30 days of the sale. You agree to provide Healthyram with all necessary information, including bank account details, to facilitate payment.
Shipping and Delivery
You are responsible for safely packaging and shipping the sold artwork to the buyer. The shipping cost will be borne by the buyer, and Healthyram will collect it on your behalf. You agree to ship the artwork within five business days of receiving the order and provide Healthyram & the buyer with the tracking information. By listing your artwork for sale, you undertake to take full responsibility for the courier and safe delivery of the genuine original artwork to your buyer.
Returns and Refunds
Healthyram offers a 7-day return policy for buyers. If a buyer chooses to return an artwork, you agree to accept the return, and Healthyram will refund the buyer, deducting the administrative charges and any shipping costs. You are responsible for the return shipping costs.
Artwork Removal
Healthyram reserves the right to remove any artwork from the Platform at its sole discretion, including but not limited to, cases of violation of the terms of this Addendum or the Vendor Agreement, non-compliance with applicable laws, or misrepresentation of the artwork.
Confidentiality
You agree to protect and maintain the confidentiality of any confidential information of Healthyram that you become aware of, including trade secrets, business strategies, and buyer information, and not to disclose such information to any third party without Healthyram’s prior written consent.
Dispute Resolution
Any disputes arising out of or in connection with this Addendum or the Vendor Agreement, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved in accordance with the applicable terms in the Vendor Agreement
Rewards, Recognition, and Post Workshop Year-round Online e-Commerce Exhibition
A panel of expert jurors will select the top 50 artworks to be showcased in an exclusive online exhibition on www.healthyram.com, featured in the ‘Art for Healing’ section. The winner will receive a HealThyRam T-shirt and an INR 1000 HealThyRam voucher/coupon, valid for 3 months from the date of issue. In the event of a tie, the prize value will be divided equally among the winners. As an exhibitor on the Platform, you will also enjoy the following benefits:
a) Payment upon Sale: You will receive up to 60% of the income from the sale of your artwork during the exhibition, while 40% will be retained by Healthyram to cover expenses related to the online exhibition and promotion of your artwork.
b) Branding and Promotion: Your exhibited artwork will be branded with your name, and free online promotional content will be created by industry professionals to showcase your participation in the event and exhibition. Links to these productions will be provided online and shared with you, subject to permissible terms of use. You may choose to embed the tagged content on your websites or post it on social media pages of your choice.
c) No Upfront Costs: There will be no additional charges or payments required for the exhibition or any professionally packaged content creation unless a sale of your artwork occurs. Upon a successful sale, the aforementioned 40% will be adjusted against the expenses incurred for online landing and related web page creation, live event and online/hybrid production, promotional video editing, EDMs, poster designing, eCommerce listings, payment gateway integration, and administration fee.
Please note that the terms stated in this Addendum are specific to artists selling their artworks on the Platform and are meant to supplement, not replace, the general Vendor Agreement. In case of any discrepancies between this Addendum and the Vendor Agreement, the terms of this Addendum shall prevail with respect to the sale of artworks by artists on the Platform.
By listing and selling your artworks on the Platform, you acknowledge that you have read, understood, and agree to be bound by both the Vendor Agreement and this Addendum. If you have any questions, concerns, or feedback regarding these terms, please contact us at cu*************@he********.com.