Last updated on 17th Jan 2022.
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.
In this Agreement unless the context otherwise requires:
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 may use the Services and this Website only if he accepts and abides by all of the following terms and conditions
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.
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
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.
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.
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.
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: