Terms of Use

The instant “Terms of Use” is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, read along with Information Technology Act, 2000 requiring the publication of the rules and regulations, privacy policy, and terms of use of the Platform and in compliance with other applicable Data Protection Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The Platform, namely Swasthera, is operated by **Usekiwi Wellness Solutions Private Limited** (“Company,” “we,” “us,” or “our”), a company incorporated under the provisions of the Companies Act, 2013. The Company provides wellness products and/or services to all users accessing the Platform, subject to the notices, terms, and conditions set forth herein, read together with the Privacy Policy made available on the Platform.

By accessing, browsing, or using the Platform and the products/services (as defined herein), you acknowledge and agree to be bound by these **Terms of Use**. In the event that you do not agree to any provision of these Terms of Use, you are required to discontinue access to, or use of, the Platform.

1. DEFINITIONS

1.1. “Applicable Laws”: means all laws, brought into force and effect by the Government of India including rules, regulations and notifications made thereunder and judgments, decrees, injunctions, writs and orders of any court of record, as may be in force, from time to time.
1.2. “Brand/ Brand Partner”: means select third parties (individuals and/or entities) with whom we have contractual arrangement and are authorised by the Company to list, sell, distribute, and/or supply products and/or services through the Platform.
1.3. “Company”: shall refer to Wellness Solutions Private Limited
1.4. “Customer”: means any person or entity who purchases Product(s) and/or Service(s) listed by the Brand through the Platform.
1.5. “Data Protection Laws”: refers to any applicable legislation or regulation currently in force relating to the collection, processing, storage, or transfer of Data, including Digital Data Protection Act, 2023, Information Technology Act, 2000 & their respective extant rules and regulations.
1.6. “Platform/ E-Commerce Platform”: refers to the virtual e-commerce interface, enabling the sale/supply of the Brand’s Products and/or Services through the Company’s website and/or its mobile application.
1.7. “Prohibited Content”: refers to any actions or behaviours that are expressly forbidden under this Terms of Use.
1.8. “Services”: shall mean the facilitation of sale and/or supply of wellness products and/or services by listing the products and/or services of the Brand on the Platform.
1.9. “Terms of Use”: shall mean the instant agreement between the User and the Company setting out the terms of using the Platform.
1.10. “User Content”: refers to any material such as text, images, videos, comments, or other forms of media created and/or uploaded by user on the Platform.
1.11. “User” or “you”: refers to any individual or entity who accesses or uses our Platform, which also includes customers making a purchase of Products and/or Services on our Platform.

2. ELIGIBILITY

When you use the Platform, you represent that you meet the following primary eligibility criteria:

You are at least **18 (eighteen) years of age**, or you are accessing the Platform under the supervision of a parent or legal guardian, in which case such parent or legal guardian shall be deemed to be the recipient/end-user of the Services for the purposes of these Terms of Use.
If you are below the age of 18 (eighteen) years, your parent(s) or legal guardian(s), if registered users of the Platform, may transact on your behalf. You are expressly prohibited from purchasing any material, access to which by minors is restricted or prohibited, or which is intended solely for consumption by adults.
You are legally competent to contract and otherwise competent to receive the Services (as defined under these Terms of Use). Persons who are “incompetent to contract” within the meaning of the **Indian Contract Act, 1872**, including but not limited to un-discharged insolvents, are not eligible to access or use the Platform.
You have not been previously suspended or removed by the Company from using the Platform.
We reserve the right to terminate your membership, if any, and/or refuse to provide you with access to the Platform if we discover that you are under the age of 18 years.
These Terms of Use are published in compliance with, and shall be governed by, the provisions of the applicable laws, as amended from time to time, including but not limited to:
1. The Indian Contract Act, 1872;
2. Data Protection Laws, as defined above;
3. Food Safety and Standards Act, 2006;
4. Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Prebiotic and Probiotic Food) Regulations, 2022;
5. Legal Metrology Act, 2009;
6. Narcotic Drugs and Psychotropic Substances Act, 1985;
7. The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
8. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
9. Pharmacy Act, 1948; and
10. The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

3. OUR SERVICES

Through the Platform, the Company shall provide you with the following services:

The display, advertisement, facilitation of sale and the supply of **wellness products and services** by listing the products and services of the Brand on the Platform; and
The listing or display of any Product on the Platform does not constitute an **endorsement, guarantee, or representation** by the Company regarding its efficacy, fitness for purpose, or accuracy of claims made by the Brand Partner.
All claims, testimonials, and representations about Products are made by the respective **Brand Partners**. The Platform does not verify or endorse such claims, and Brand Partners are solely responsible for ensuring compliance with applicable advertising and health claim laws.
The Company acts solely as an **intermediary and online marketplace**, facilitating transactions between Users and Brand Partners, without assuming ownership, control, or possession of the Products.
Any other services as may be made available on the Platform from time to time.

4. YOUR USE OF THE PLATFORM

4.1. Acceptance of Terms

By accessing, browsing, or otherwise using the Platform, you expressly acknowledge and agree to be bound by these Terms of Use. If you do not agree to any provision herein, you shall not use or access the Platform. Your continued use of the Platform constitutes your acceptance of these Terms of Use, together with any other policies, rules, or guidelines applicable to the Platform at the time of such access and usage, as may be amended or updated by the Company from time to time.

4.2. Conditions of Use

Your use of the Platform shall be subject to the following conditions of use:

4.2.1. Due diligence conditions:

You shall be solely responsible for the medical, health, and personal information provided by you on the Platform, and you are advised to exercise **discretion** while furnishing such information;
You shall provide **accurate, true, and complete** information on the Platform;
The consumption or use of any wellness product or supplement purchased through the Platform is undertaken entirely at your **own discretion and risk**. You are advised to consult a **Registered Medical Practitioner** before consuming any product, especially if pregnant, under medication, or with pre-existing medical conditions.
You shall be solely responsible for all access to and use of the Platform through your account, including access and use by any person using the password and identification credentials originally assigned to you, whether or not such access or use is actually authorized by you. Such responsibility shall extend, without limitation, to all communications, transmissions, and obligations arising through such access or use. You shall be solely responsible for **safeguarding the security and confidentiality of your password** and identification credentials;
The information provided by you may be used by the Company for the purpose of providing the Services, including but not limited to analysis, research, training, and disclosure (where required) to affiliates, group companies, governmental or regulatory authorities, and other third parties, in accordance with the **Privacy Policy**;
The Company reserves the right, at its sole discretion, to refuse Services or to **suspend/terminate your account** if it believes that you have violated, or are likely to violate, any applicable law or these Terms of Use;
In the event you wish to rectify and/or modify any information provided by you in connection with the purchase of goods or availing of Services, you may raise a request to that effect with the Company’s **Grievance Officer** at **Grievance.officer@affordplan.com**. The Company shall endeavour to carry out such rectification and/or modification as expeditiously as possible.

4.2.2. Scope of Services:

The Platform enables customers to discover and purchase curated products and/or services, including but not limited to wellness products, supplements, recovery aids, and other allied or similar products and services offered by various brands. The Company expressly clarifies that it does not, and shall not, sell any drugs or pharmaceutical products falling within **Schedule X of the Drugs and Cosmetics Act, 1940**, as amended from time to time, through the Platform.

4.2.3. Prohibitions:

Without limiting the generality of these Terms of Use, you expressly agree and undertake that:

You may view and access the content available on the Platform solely for the purpose of availing the Services, strictly in accordance with these Terms of Use. You shall not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, **reverse-engineer, disassemble, decompile, or otherwise exploit** the Platform, or any part thereof, unless expressly authorized in writing by the Company;
You shall not assign, transfer, or sub-contract any of your rights or obligations under these Terms of Use or any related order for Products and/or Services to any third party, except with the prior written consent of the Company;
You shall not make any **commercial use** of the information, content, or materials provided on the Platform;
You shall not **impersonate** any person or entity, or falsely state or misrepresent your identity, age, or affiliation with any person or entity;
You shall not upload, publish, or transmit any content that is prohibited under applicable law and/or is designated as **“Prohibited Content”**;
You shall not **resell** or attempt to resell any Products purchased from the Platform; and
You shall not upload any **prescription more than once**, unless the prescription has been re-issued or re-prescribed by a Registered Medical Practitioner (“RMP”), and any violation of this requirement may attract consequences as prescribed under applicable laws.

4.2.4. Delivery and Payments

The delivery of products and/or services is undertaken solely and exclusively by the **Brand**, as per separate “Brand Agreement” between the Brand and the Company We make no representation, guarantee or warranty with respect to the delivery time, on behalf of the Brand.
The Brand shall deliver orders to the delivery address provided at the time of placing the order on the Platform. In the event of any interruption or disruption caused by inaccurate, incomplete, or incorrect delivery details provided by you, the Company shall bear no responsibility, and any resultant loss or damage shall be solely attributable to you
All refunds shall be processed strictly in accordance with the Platform’s **Payment, Returns, and Refund Policy**

5. PROHIBITED CONTENT

You shall not upload, transmit, distribute, or otherwise publish through the Platform any content, information, or material (“Prohibited Content”) that:

belongs to another person and to which you do not have rights;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with, or contrary to, applicable laws;
is hateful, disparaging of any person, or racially/ethnically objectionable;
relates to, promotes, or appears to encourage **money laundering or gambling**;
harms minors in any way, or **infringes any patent, trademark, copyright**, or other proprietary rights;
deceives or misleads the recipient about the origin of a message, or knowingly communicates information that is patently false or misleading in nature but may reasonably be perceived as fact;
communicates any information that is **grossly offensive or menacing** in nature;
**impersonates** another person;
**threatens the unity, integrity, defence, security, or sovereignty of India**, friendly relations with foreign states, or public order;
incites the commission of an offence, obstructs the investigation of an offence, or insults any other nation; or
is not related to the Services availed by you through the Platform.

You acknowledge and agree that any violation of the above shall entitle the Company, at its sole discretion, to **remove such Prohibited Content** and/or immediately suspend or terminate your access to the Platform, without prejudice to any other remedies available under applicable law.

6. INDEMNITY

By using the Platform, you agree to the fullest extent permitted by law, to **indemnify** and keep indemnified and hold Platform & its Brand Partners and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of your breach of these Terms:

your use of the Platform;
incorrect or inaccurate credit/debit card details provided by you;
you using a credit/debit card which is not lawfully owned by you;
you permitting a third party to use your password or other means to access your account;
your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Platform ;
you providing a false, forged, unauthorized or manipulated prescription; and
any action taken by the company as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

7. LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

To the extent permitted by applicable law, the company or its affiliates will not be liable to you for any **special, indirect, incidental, consequential, punitive, reliance, or exemplary damages** arising out of or relating to:
1. These Terms of Use and Privacy Policy;
2. Your use or inability to use the Platform; and
3. Your use of any third-party services you contacted through the Platform.
We do not warrant that the Platform or any of the Services and/or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in Services available through the Platform.
Although the company takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Platform, we do not represent or warrant that the Platform, or the Service or Products or materials that may be made available through the Platform are free from such destructive features. The company is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
To the extent permitted by law, we shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if the company has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
1. your use of or reliance on the Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Platform;
2. your provision of information, personal or otherwise, to the company;
3. the provision of Services by the company;
4. acts or negligence on the part of the company, its agents or employees; and
5. Errors, delays or deficiencies in products or services or theft or damage of Products, attributable to third parties such as Brand Partners.
To the fullest extent permitted by law, the company **disclaims and excludes all warranties and representations**, express, implied or statutory, with respect to the platform or with respect to the accuracy, currency or completeness of the information provided by the company, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The platform, including, without limitation, all content, information and links contained therein, is provided **“as-is”** without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this platform is at your sole risk.
The Brand shall be **solely liable for incomplete delivery** of the Product ordered by a Customer. In the event of partial delivery, or if any accessories, components, or promotional items are missing from the delivered package, the Brand agrees to promptly deliver the missing items to the Customer at its own cost and expense, without any obligation on the part of the Company.
In the event that any order is reversed due to reasons including, but not limited to, damaged Product, quality issues in Products and/or Services, non-delivery, or incorrect item delivered, the Brand agrees to bear all associated logistics and handling charges.
Notwithstanding anything herein to the contrary, the company’s **aggregate liability** (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Platform, shall be **limited to a sum equal to the amount paid or payable by you for the Products and/or Services** in respect of one incident or series of incidents attributable to the same cause.
Company reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
We have selected the Products and/or Services on the basis that they will be used for **personal use only**. If you are planning to use them for business purposes, you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition. This clause shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

8. DATA & INFORMATION POLICY

The Company respects your right to privacy in relation to any personal information provided by you for the purpose of availing the Services. The collection, processing, storage, use, and disclosure of such personal information shall be governed by the Company’s **Privacy Policy**, available on the Platform. By accessing or using the Services, you acknowledge and consent to the collection and use of your personal information in accordance with the Privacy Policy.

9. INTELLECTUAL PROPERTY AND OWNERSHIP

You acknowledge and agree that all **copyrights, trademarks** (whether registered or unregistered), and other intellectual property rights in and to all materials and content made available on or through the Platform (“IPR”) shall at all times **vest in and remain the exclusive property of the Company or its licensors**, as applicable. You are permitted to use such materials and content only to the extent expressly authorized by the Company or its licensors. No use of the IPR may be made without the prior written authorization of the Company.
All product names, trade names, service names, taglines, logos, or other identifiers (collectively, the **“Marks”**), are trademarks owned by, or licensed to, the Company, unless otherwise specified. The Marks are protected under the applicable laws of India. No use of any Mark may be made without the prior written consent of the Company, except for the limited purpose of identifying the Products or Services originating from the Company.
You acknowledge and agree that the materials and content on the Platform are provided solely for your **personal, non-commercial use**. Any other use, including but not limited to copying, reproducing, transmitting, publishing, displaying, distributing, commercially exploiting, or creating derivative works of such materials or content, is strictly prohibited. You further agree not to assist or enable any third party in engaging in such prohibited use.
The Platform may permit registered users to post reviews, comments, questions, suggestions, or other information (**“User Content”**). By submitting User Content, you grant to the Company a **perpetual, irrevocable, non-exclusive, royalty-free, worldwide license** to use, reproduce, display, publish, modify, adapt, translate, distribute, and otherwise exploit such User Content, without any further obligation to you.
The Company shall have the right, but not the obligation, to **monitor, edit, or remove any User Content** or activity on the Platform. The Company assumes no responsibility and disclaims all liability in respect of any User Content posted by you or by any third party.

10. OTHER CONDITIONS

All payments made on the Platform shall be processed in accordance with applicable laws. You are advised to refer to the **Payment, Returns, and Refund Policy** available on the Platform for details governing payments, refunds, and returns. That you will use the services provided by the company, its affiliates, consultants and contracted Brand Partners, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
By using the Services, you represent, warrant, and agree as follows:
1. You will provide **true, accurate, complete and current information** in all instances where such information is requested of you. The company reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), the company has the right in its sole discretion to reject the registration and debar you from using the Services of the company and / or other affiliated websites without prior intimation whatsoever.
2. You shall exercise due care, caution, and prudent judgment before entering into any transaction on the Platform, and such transactions shall be undertaken at your **sole risk**.
The Company reserves the right to **transfer, assign, or sub-contract**, in whole or in part, any of its rights or obligations under these Terms of Use or any related contract to any third party.
If any provision of these Terms of Use is held by a competent authority to be invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected.
These Terms of Use do not create or confer any rights or benefits enforceable by any person who is not a party to them.
These Terms of Use, together with the documents or policies referred to herein, constitute the **entire agreement and understanding** between you and the Company with respect to your use of the Platform and supersede all prior representations, understandings, and agreements in relation thereto.
When you visit the Platform or communicate with the Company electronically (including by sending emails), you consent to receive communications from the Company electronically. The Company may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications provided to you electronically shall satisfy any legal requirement that such communications be in writing.

11. THIRD PARTY LINKS AND RESOURCES

The Platform may, from time to time, contain links to websites or resources provided by **third parties**. Such links are provided solely for your convenience and information.

We have **no control over the content** of such third-party websites or resources and accept no responsibility or liability for them, or for any loss or damage that may arise from your use of such websites or resources.

Your access to and use of such third-party websites shall be entirely at your **own risk and cost**, and you shall be subject to the terms of use, service policies, and privacy policies applicable to such websites once you navigate away from the Platform.

12. AMENDMENTS

We may, from time to time, update, amend, or revise these Terms of Use and/or the Privacy Policy to reflect changes in our practices, legal or regulatory requirements, or for any other reason at our sole discretion. Any such changes shall be **effective immediately** upon being posted on the Platform, unless otherwise expressly specified.

You are responsible for reviewing these Terms of Use and the Privacy Policy periodically. Each time you access or use the Platform, you agree to be bound by the Terms of Use and the Privacy Policy in force at that time. If you do not agree with the revised terms, you must immediately discontinue use of the Platform.

13. FORCE MAJURE

We shall not be liable for any failure or delay in the performance of our obligations under any contract, if such failure or delay results from events or circumstances beyond our reasonable control (**“Force Majeure Event”**).

Force Majeure Events shall include, without limitation:

strikes, lockouts, or other forms of industrial action or protest;
civil commotion, unrest, revolt, invasion, terrorist attack or threat thereof, war (declared or undeclared), or preparation for war;
fire, explosion, storm, flood, earthquake, epidemic, pandemic, building collapse, or any other natural disaster;
unavailability or breakdown of public or private transport, internet, or telecommunication networks or systems; and
acts, decrees, legislation, regulations, judicial decisions, or restrictions of any government or public authority.

Our obligations under any contract shall be deemed suspended for the duration of the Force Majeure Event. We shall be entitled to an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event, or such longer period as may be reasonably required, of which we shall duly notify you.

14. TERMINATION

We reserve the right to immediately **restrict, suspend, or refuse your access** to the Services if, in our sole discretion, your conduct is found to be in violation of applicable laws, rules, regulations, or these Terms of Use.
In the event of any change in law, regulation, or governmental directive impacting our ability to provide the Services, we reserve the right to (i) suspend our obligations under any contract indefinitely, and/or (ii) continue to provide the Services under revised Terms of Use as may be deemed necessary.

15. DISPUTE RESOLUTION

Any dispute or claim arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation or mediation between the Parties. If unresolved within 30 days, such dispute shall be subject to the **exclusive jurisdiction** of the competent courts at **Gurugram, Haryana**.

16. APPLICABLE LEGISLATION AND JURISDICTION

The use of this Platform and any contract between you and us shall be governed by and construed in accordance with the **laws of India**, without regard to principles of conflict of laws. You agree that any dispute or claim arising out of or in connection with the use of the Platform or the Services shall be subject to the **exclusive jurisdiction of the competent courts at Gurugram, Haryana, India**, to the exclusion of any other court or forum.

16. CONTACT US

If you have any comments, queries, or grievances regarding the Services, these Terms of Use, or our Privacy Policy, you may contact our Grievance Officer at:

Name: Anand Shetty

Email: Grievance.officer@affordplan.com

Address: 3rd Floor, TTF-01, Ocus Technopolis, Tower B Unit No, Sector 54, Gurugram, Haryana 122011 Contact Number: +91 08196 33565

The Grievance Officer shall acknowledge your complaint within 24 hours of receipt and shall endeavour to resolve it within 15 (fifteen) days from the date of its receipt, in accordance with applicable laws.

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