Welcome to using Well2day App! By using the Well2day website or mobile application (collectively the “Sites” or “App”), you agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). As used in this Agreement, Well2day will be referred to as “Well2day,” “we,” “us,” or “our,” and you will be referred to as “you”. Well2day and its associated websites and mobile applications are owned by Amsoft Services, a proprietor entity, and all rights of Well2day are reserved on behalf of Amsoft Services. This Agreement incorporates by reference the following policies and documents that may also be found on the Sites:
Your use of the information, materials, text, images and other content on the Sites is subject to the Terms of Use below, which we may revise from time to time without notice. Please read these Terms of Use carefully.
BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE. PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION, (B) CLASS ACTION WAIVER, (C) LIABILITY LIMIT, (D) INDEMNITY AND (E) RELEASE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITES AND DO NOT USE ANY WELL2DAY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITES.
If you fail to comply with these Terms of Use, your permission to use the Sites automatically terminates and we may disable your use of the Sites. The provisions of these Terms of Use apply equally to, and are for the benefit of, Well2day, its subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
By visiting or using our Sites and their related services, contacting us through the Sites or making submissions to us or the Sites, you consent to our collection and use of personal information as discussed in our Privacy Policy, below, which is hereby incorporated into this Agreement.
Well2day makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Well2day will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content”) on the Sites is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Sites at any time in our sole discretion.
Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing. By way of example and not limitation, you may not resell any Reservation booked through Well2day to a third party without Well2day’s express written permission. If such resale is discovered, your Well2day User Account may be suspended or revoked, and any existing Reservations voided without refund.
Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Sites are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained on the Sites should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Sites without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms of Use, any unauthorized use of the Trademarks is prohibited.
By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms of Use, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.
Unless expressly stated otherwise herein, the services provided by Well2day (the “Services”) are limited to informing users of the location and Displaying Height, Weight, Body Mass Index (BMI) and collecting fees on behalf of Licensors. Any fees and/or consideration paid to Well2day is paid to Well2day in connection with these Services unless otherwise indicated. When Well2day receives your payment, your obligation to pay the Licensor for the Reservation is fully satisfied; provided, that you will be responsible for any other charges to the extent you incur separate or additional costs outside the scope of Well2day services. The Services and Sites are not intended for use by persons under the age of 13. If you are under 13, you may not use either the Services or the Sites. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.
Well2day lists the BMI kiosks on the Sites and, as such, facilitates the between users of the Sites (“Licensees” or “you”), and the independent owners, lessors, managers or operators of the BMI kiosks (the “Licensors”). Well2day app will display Height, Weight, BMI and other info related to health tips, history of previous BMI, Sponsors contents, as each may be entered into or effected in accordance with the Licensor’s standard operating procedures (the “Licensor Terms and Conditions”).
By making a payment, you agree in all cases to abide by the Licensor Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list the contents to be displayed on the screen. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to your use of a BMI machine. In addition, Well2day will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your payment.
In order to access certain areas of the Sites, you will create a user account and login (a “User Account”). You agree that all information which you provide through the Sites in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization.
Well2day services will be charged at Rs. 10, Rs. 20, Rs. 50 depending upon location to location for displaying of Body Mass Index (BMI) with health tips for every use by the user.
You are responsible for all charges, fees, duties, taxes, and assessments, the use of a BMI kiosk, the Services or the use of the Sites. You agree to pay to Well2day all fees for Well2day’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Your payment of such fees constitute payment to the Licensor solely for purposes of displaying BMI info. Where applicable, you will be billed using the billing method you select on the display screen offered by Well2day. Except as provided in these Terms of Use or when required by law, all fees paid by you are non-refundable and Well2day may change the fees for any Services, including any Services billed pursuant to a Subscription (as defined below), at any time.
Cancellations are allowed before scanning of the QR code displayed on the screen. Once the QR code payment is made cancellations are not allowed as payment will be executed for the service and will be considered as completion of the service. Payment amount for services will be fixed (For eg. Rs. 10, Rs. 20, Rs. 50) by Well2day and will change time to time and location to location.
Well2day may from time-to-time partner with third parties (“Partner”), and Due to the procedures and precautions employed by our third-party gateway provider, any customer refunds may take up to 5 or 7 business days to be credited to their original method of payment in case of any network issue.
Well2day will remit any applicable taxes to the applicable taxing jurisdictions.
You agree that any information you provide through the Sites will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Sites or otherwise have appropriate authority to provide any such information through the Sites. All information that you submit to us through the Sites shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Sites that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
From time to time, the Sites may be inaccessible or inoperable for any reason, including equipment malfunctions, updates to the Sites, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Sites, the Content or access to BMI data. We may conduct maintenance on any of the foregoing at any time with or without notice to you. Well2day ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITES, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITES, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
WELL2DAY, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WELL2DAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITES OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITES. PLEASE NOTE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Sites; (d) your address, telephone number, and email address and all other information reasonably sufficient to permit Well2day to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Well2day is committed to customer satisfaction, so if you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any dispute, claim or controversy between you and Well2day and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Well2day Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Sites or your use of the Sites, or your Personal Information, including those that arose before you accepted these Terms of Use, regardless of whether prior versions thereof required arbitration (“Dispute(s)”) informally by contacting us as described below. If we are not able to resolve your Dispute within sixty (60) days after the day we receive your written notice, you may seek relief through arbitration or in small claims court. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one year after such claim arose or it will be forever banned.
We reserve the right to suspend or terminate your use of the Services and/or your User Account in the event you violate any provision of these Terms of Use or if you use Well2day services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of the Sites at any time, without notice or for any reason.
If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.
Well2day will message the user BMI info, health tips and other promotional messages for users benefit. We specifically reserve all rights that we do not expressly grant in these Terms of Use. Nothing on the Sites or in these Terms of Use grants any right or license to use any property of any third party.
Unfortunately, no data transmission over the internet is guaranteed to be 100% secure. As a result, while we strive to protect your personal information, as effective as our reasonable security measures may be, no security system is impenetrable. We cannot guarantee the security of our database and cannot guarantee that information supplied to us will not be intercepted while being transmitted over the internet.
If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Sites, (iii) notices of claimed infringement (iv) the Privacy Policy or (v) any other reason, please email to prabhakar@amsoftsolutions.com or geetha@amsoftsolutions.com . please call to 9884196298.