Terms of use

Last updated on 17th Jan 2022.

The Terms and conditions contained hereinafter (“Terms of Use”) shall apply to the users of the website https://health-chakra.com and any other linked pages, products, software’s, API(s), features, content or application services (including but without any limitation to Mobile application) in connection therewith offered from time to time by Health Chakra. (“Health Chakra”, or “WE” or “OUR” or “US”) (Collectively “Website”)

As a result of using the said services of Health Chakra you are legally binded by this agreement and if you do not agree to any of the terms listed below, you are advised not to not use the platform any further.

Any individual logging to or using the website or mobile applications of Health Chakra shall be presumed to have read the terms of use and shall unconditionally and irrevocably accepted the terms of use set herein. The purpose of these terms, the following words and phrases shall have the meaning assigned under this article. Services means the services that shall be provided by Health Chakra and to the merchants/users. A merchant can receive payments from the customers or other payers or suppliers by

1. IMPS/NEFT/RTGS or
2. Credit/Debit cards or
3. Netbanking and or
4. UPI both for collections and payables
5. Any other modes of payment through banks that may be accepted by Health Chakra from time to time under these Terms

Definition
In this Agreement unless the context otherwise requires:

1. “Authentication” shall mean the process by which Customer identification is authenticated in the Processing Mechanism.
2. “Issuing bank” shall mean a bank that issues and authorizes the card or net banking privilege to its customers.
3. “Payment Gateway” shall mean an application involved in facilitating authorization and settlement of payments.
4. “Acquiring Bank” shall mean a bank or financial institution that processes credit or debit card payments on behalf of a merchant.
5. “Authorization” shall mean the process by which the availability of requisite balances / limit (to conduct the transaction requested) and approval of the Direct Debit Service Providers on the Customer’s Debit Card or Bank Account is established in the Processing Mechanism.
6. Products and services listed on Health Chakra includes the services mentioned over the website or related pages of https://health-chakra.com
7. A “Merchant or User” shall mean any person or business entity using the services or products of Health Chakra and uses application, products, APIs and collects/disburses payments to an end customer.
8. A customer shall mean any person or entity who is buying a product or service from a third-party website, mobile application and is paying using Health Chakra payment instruments
9. “Customer Payment Amount” shall mean the total amount paid by the Customer towards the Merchant Services which will include, inter alia, charges and other taxes, duties, costs, charges, Health Chakra Fees and expenses in respect of the Merchant Services.
10. “Chargeback” shall mean an approved and settled Transaction that an Issuer, upon receiving a chargeback request from a Customer, reverses to a Payment Service Provider for the Transaction value to be ultimately reversed to the Customer, subject to the Merchant being unable to provide an explanation along with documentary evidence as to why the chargeback request should be rejected in accordance with applicable laws.
11. “Fees or Charges” shall mean such fee that has been agreed between the Parties payable by the Merchant to Health Chakra or directly chargeable by Health Chakra to the Customer of the Merchant for Health Chakra Services, and as detailed in LOI (Letter of Intent) hereto.
12. “Payment Gateway Network” shall mean the hardware, software, platform of Dexpertsystems.com and telecommunications tools necessary to perform protocol conversion between different networks or applications and all associated software required for the Merchant to submit Authorization and data capture transactions to the payment service providers and to transmit Authorization and settlement transactions between the Merchant and the payment service providers.
13. “Terms and Conditions” shall mean these terms and conditions under this Agreement, and any and all schedules, appendices, annexure and exhibits attached to it and includes any addition, modification, amendment, addendum or deletion thereof agreed to in writing by the Parties.
14. “Transaction” shall mean a financial transaction conducted by the Customer through Health Chakra Services.

Eligibility
The Website and Services are intended solely for people who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website or Services merchant represents and warrants that he is 18 or older and is competent to contract. User also agrees that his customer is similarly competent to contract.

A merchant represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws. These terms and conditions as accepted by merchant shall be read along with and in addition to any terms and conditions in force from time to time. They will also be read in conjunction with the Privacy Policy.

A merchant may use the Services and this Website only if he accepts and abides by all of the following terms and conditions

Sign-up
In order to avail the services, merchant needs to be registered with Health Chakra. Merchant shall provide Health Chakra with all the necessary identification ids and documents as applicable.

By registering with Health Chakra, Merchant agrees to provide true, accurate, current and complete information, failing at which, Health Chakra may at any time reject merchant’s registration and terminate his right to use or access the Website and/or Services. When merchant registers with Health Chakra, a User Account will be created, that is associated with his/her user name, password, and other identifying information. Merchant shall be responsible for any action initiated through their User Account.

Use of Services
The services may be used by merchants for making and receiving payments from/to third parties.

To enable the merchant to use the services, a link with login credentials will be communicated to the merchant on his mobile phone or email address and the merchant irrevocably and unconditionally accepts sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as all orders and information exchange added to the mobile/email account using the same login credentials.

Health Chakra Private Limited has no obligation to verify the authenticity of the Transaction other than by means of verification of the merchant’s provided KYC information. The merchant shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. Health Chakra shall not be liable for any error or misuse of the services by either the merchant or by any person authorized by the merchant, or by any person gaining access to the services through the merchant. Merchant agrees that Health Chakra accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. Merchant shall indemnify and hold Health Chakra harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through Merchant.

On receiving the necessary details from the Banks, Health Chakra shall initiate the required payment to merchant/customers as instructed by customer/ merchant.

Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being affected. Merchant is responsible to provide Health Chakra with the appropriate and current customer information. In the event that the payment is in respect of a purchase of products by the customer, Health Chakra does not hold the responsibility to ensure that the purchased products have been duly delivered. In the event, wherein a customer chooses to complain about a transaction, the same should be communicated to Health Chakra within 10 (Ten) days of the transaction.

Health Chakra is an Intermediary
PLEASE NOTE THAT THE PURCHASE OF ANY PRODUCTS WITH ASSISTANCE FROM THIS WEBSITE IS A PRIVATE CONTRACT BETWEEN THE SELLERS AND THE BUYERS, CHOOSING TO PURCHASE SUCH PRODUCTS. THE COMPANY IS MERELY AN ONLINE INTERMEDIARY FACILITATING THE TRANSACTION IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY, AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS EXPRESSLY MENTIONED.

All commercial/contractual terms are offered by and agreed to between the Buyers and Sellers alone.

Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products or services proposed to be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any Products or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Company is not responsible for any non-performance or breach of any contract entered into between you and Sellers. Company cannot and does not guarantee for the performance of any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between You and Sellers.

Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

Company does not at any point of time during any transaction between You and Seller on the Website come into or take possession of any of the Products offered by Seller nor does it at any point gain title to or have any rights or claims over the Products offered by Seller to the users. At no time shall Company hold any right, title or interest over the Products listed, nor shall Company have any obligations or liabilities in respect of such contract entered into between You and Sellers.

You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, insurance etc. with the Seller(s) that You transact with. We are not an authorised agent of any Seller, service provider(s) or any such third party and we are only an online intermediary.

Disclaimer: Pricing on any Products as is reflected may due to some technical issue, typographical error or product information published on the Website may be incorrectly reflected and in such an event, Company or the Seller reserves the right to cancel any such orders as requested and refund the amount ( if any) received from the User. The Company shall not be responsible for any such error/s or incorrect information provided by Seller; as providing the price of the Product is the sole responsibility of the Seller.

You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

The company is merely an intermediary and a platform provider and is no where responsible for any goods/services, authentication or logistical support corresponding to a transaction.

Refunds
A Refunds shall mean a Transaction that is uncollectible and returned to the acquiring bank/ Health Chakra by customer or issuing bank for a refund to the concerned customer due to any of the following reasons: The purpose of these terms, the following words and phrases shall have the meaning assigned under this article. Services means the services that shall be provided by Health Chakra and to the merchants/users. A merchant can receive payments from the customers or other payers or suppliers by

1. Any payment which the customer refuses to honour or demands a refund because the Products purchased or the delivery there of, was not as promised or was defective, deficient, incomplete and/or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
2. Any payments by a customer using the Services, which is returned by the acquiring bank for any reason whatsoever.
3. Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Health Chakra/customer from time to time.
4. Any Transaction that is unsuccessful.

As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services. If customer wishes to attempt to chargeback/ retract a payment, he must notify his bank and Health Chakra immediately and provide all required information. Health Chakra cannot however guarantee that the payment will be retracted. It may be possible to charge back/ retract a payment in case of a payment by debit/ credit card, if the instruction is given to customer’s bank and Health Chakra within the prescribed time. However, it would not be possible to do so in case of any other mode of payment.

We do not refund booking amount for cancellation requests for bookings nor transfer bookings from one day to another. Should you want to do that, you may book another appointment online subject to availability. However, if your account has been debited and booking wasn't successful, you can send an email to support id and we shall confirm your booking.

In such event, if the merchant is unable to arrive at a satisfactory resolution of the problem within a period of 45 days, Health Chakra/ Service Provider shall be entitled to make a direct credit to the disputing customer’s account for the disputed amount. Such a debit to the customer’s account and the direct credit to the disputing merchant’s account shall not be disputed in any manner whatsoever.

In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User/Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider within 45 days and shall then settle the payment in accordance with the solution agreed upon by the Parties.

Health Chakra shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amount from the concerned acquiring bank/ Service Provider/ Payee/User. In the event of Health Chakra receiving a Chargeback amount from the acquiring bank / Service Provider/Merchant, Health Chakra is entitled to pass on the amount received to the User/Payer within 7 days of receipt.

In the event that the Parties have agreed that User/ Payer is entitled to Chargeback any Transaction, Health Chakra may, at its discretion, give effect to such Chargeback entitlement in any one or more of the following methods:

1. Deduction of the relevant amount or any part thereof from any amounts to the Payee
2. Billing the concerned Party for the relevant amount or any part thereof.

Settlements
In consideration of the services rendered by Health Chakra Private limited, a user/merchant agrees to pay a fee which will be in consideration of all products, platform, APIs and other related financial services that have been listed on Health Chakra website and mobile application.

Every merchant/user shall receive an invoice from Health Chakra private limited with GST details to showcase the fees being levied and charged as per agreement and pricing agreed between the user and Health Chakra private limited. In respect of the invoices received by the user/merchant, it is agreed that User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid.

Termination
If Health Chakra Private limited suspects, on reasonable grounds, that a merchant or User has committed a breach of these Terms or any other agreement with Health Chakra or any act of dishonesty or fraud against Health Chakra/ any Service Provider, Health Chakra shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the Website or the Services; pending enquiries by Health Chakra. User may cancel his User Account at any time by sending an email. Please note that once your Account is cancelled, Health Chakra does not have any obligation to return any data or information that may reside on its servers or other equipment. Health Chakra Private limited will have full rights to hold any payout to the merchant/user and also refund amounts based on complaints received from acquiring or issuing bank or any related person to the government of India which includes Cyber cell, Police, Reserve bank of India, SEBI, etc

In such cases the refunds will be forcefully enabled on the merchant/user account back to the source account from where the transaction had initiated.

Indemnity
User or the merchant shall keep Health Chakra indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Health Chakra by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.

The User shall comply with all such terms and conditions as Health Chakra or any Service Provider may prescribe from time to time with regard to the Services. All Transactions effected by or through this Website, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by Health Chakra or Seller/ Service Provider.

Copyright/Original Content
All materials that have been displayed or performed on the services shall abide by copyright. This includes but not limited to text, graphics, articles, photographs, images, illustrations. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third-party submissions or other proprietary rights not owned by you:

Without the express prior written consent of the respective owners In any way that violates any third party right. The services are protected by copyright law as prevalent within the copyright laws. Any fraudulent or improper use shall lead to immediate termination of the account and will be bound to legal procedures as per government norms. You are not supposed to download or copy the content for any unauthorized use. You shall also not store any information for any purpose whatsoever. Copying or storing any information without consent from the copyright holder is strictly prohibited. Company may revoke your right to the services, at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.

Compliance with anti-bribery and anti-corruption laws
The merchant hereby also agrees unconditionally that he/she will undertake compliances to all applicable anti-corruption law (including but not limited to the provisions of Foreign corrupt practices Act, 1977, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibits the User, its officials, representations, agents, or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind.

Restrictions over Health Chakra
You guarantee and confirm that you will not contribute to any Content or otherwise use the Services in a manner that:

1. Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party.
2. Violates any law, statute, ordinance or regulation.
3. Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable.
4. Involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
5. Impersonates any person or entity, including without limitation any employee or representative of Company.
6. Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

The below list of clauses has to be followed while availing services at https://health-chakra.com/ :

1. You will not indulge into any racial or racist content or image in any form.
2. You will not be using any extreme content hurting any religious sentiments.
3. You will not be using any pornographic or sexually related content (including literature, imagery and other media, escort or prostitution services).
4. Child pornographic images or content will not be allowed.
5. Copyrighted media which includes unauthorized copies of books, music, movies or any other licenced or copyrighted materials are strictly prohibited.
6. Copyrighted software or unauthorized use of video, music files, graphic designs, fonts and images will be strictly prohibited.
7. You are not allowed to use photos, images, counterfeit stamps, replicas or imitations of designer goods and other potentially unauthorized goods or materials.
8. You are not authorized to promote drugs or drug accessories on Health Chakra.
9. You are not allowed to promote pyrotechnic devices and hazardous materials which includes fireworks and related goods, toxic, flammable and radioactive materials and substances.
10. You are not allowed to sell or promote regulated goods which include airbags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment and goods regulated by government or other agency specifications.
11. Any substance or material which is not allowed as per government rules and norms will be strictly prohibited to be sold here.
12. You cannot sell or promote Securities which includes stocks, bonds, or related financial products.
13. You cannot sell tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
14. Job- or Job-related products are not allowed to be sold on Dexpertsystems.com. Payments accepted in any form on the portal for job- or job-related products is strictly prohibited.
15. You are not allowed to sell or promote products related to marketing which includes Bulk Emails, Bulk messages. Eg: mails/messages sent via mail servers and/or Bulk SMS service providers.
16. You are not allowed to sell or promote gaming/gambling related products which includes lottery tickets, contests, sports bets, memberships/ enrolment in online gambling sites, and related content.

Health Chakra holds the right to remove any content or image from the services at any point of time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

Marketing Restrictions
If you are sending emails, directly or indirectly in connection with any Digital good or Physical products then you agree, acknowledge and represent that all emails and the procurement of email addresses will be authentic and shall be in compliance to applicable government rules & regulations. You would also not be sending any extreme content, racial content, or any religious sentimental message. Pornographic and sexual content is strictly prohibited.

Confidentiality and Non-Disclosure Agreement
In connection with this agreement, Health Chakra may disclose to you and or you may otherwise receive some sensitive information of Health Chakra (collectively, confidential information. Unless not required to perform your obligations under this agreement, you will not be allowed to disclose any confidential information without the consent of Health Chakra. You will not use any confidential information for the purpose of soliciting, or to permit to solicit, users to subscribe to any other services or promote the sale of any products that compete directly or indirectly, with Health Chakra or the functionality or services offered by the platform. You agree and abide that Health Chakra may be required to provide to governmental agencies/Law or other third parties, information in its possession regarding you or the business you conduct with Health Chakra or via the Platform.

Updates to the Terms of Use
The terms of use are subject to change. The merchant or user abides by the terms of use automatically whenever he logs into or uses https://health-chakra.com or any related pages, APIs, mobile application of Health Chakra Private Limited.

Health Chakra PRIVATE LIMITED

E-MAIL : support@dexpertsystems.com