Terms & Conditions - GetSupp
Getsupp.com/GetSupp.in, is an online service owned, operated and managed by GetSupp Technologies Private Limited (‘GetSupp‘ or ‘we‘ or ‘us‘). In using/accessing the Platforms (as defined below), you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access the Platforms.
The User Agreement sets forth the terms and conditions as applicable to the end-user (“you” or “User”) for access and use of products (including but not limited to supplements, food, ayurveda, herbal and nutritional products) (“Products”) and services (including but not limited to engagement plans, consultation with professionals, educational resources) (“Services”) offered by GetSupp via:
1. The website of GetSupp (www.getsupp.in and www.getsupp.com) (the “Site”); or
- The GetSupp mobile application (the “App”) or
- Any other third-party application or software used by GetSupp for offering the Products and Services.
(Collectively referred to as “Platforms”).
GetSupp may have subsidiaries, affiliated legal entities, sellers, manufacturers, licensors, consultants, and third-party service providers around the world (“Subsidiaries” or “Affiliates”), providing the Products and Services to you on the Platform owned by of GetSupp. You acknowledge and agree that the Subsidiaries or Affiliates will be entitled to provide the Products and Services to you under the terms of this User Agreement. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Platforms, please email us at [[email protected]] or call us on [+91 82995 77566].
We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. The most recent version is the version that applies. If you continue to access any of the Platforms or avail Products and/or Services after the changes become effective, then you agree to the revised User Agreement. You agree that this User Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with GetSupp, including but not limited to events, agreements, and conduct preceding your acceptance of this User Agreement.
- Eligibility for Access
In order to be eligible to avail the Products and Services offered on the Platforms, the User: (i) must not be less than 18 years and not more than 75 years of age; (ii) must meet with a fitness standard suitable for availing our Products and Services, as deemed appropriate in our discretion (iii) must not have been previously barred from availing the Products and Services offered on the Platforms; (iv) must comply with the terms of the agreement and all state, local, national and international laws as may be applicable (v) must be physically located in the India or within a jurisdiction in which we offer our Products and Services.
If you are accepting these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such an entity to this User Agreement and other Policies. You agree, understand and acknowledge that the Site/App an online platform that enables you to purchase Products and avail Services, listed on the Site/App, at the price indicated therein at any time from any location. You further agree and acknowledge that GetSupp is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Site/App. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on GetsUpp.in/GetSupp.com. You agree and acknowledge that you will use your account on the Platforms to purchase Products/avail Services only for your personal use and not for business purposes.
- Account and Registration
Subject to your eligibility to avail our Products and Services and compliance with this User Agreement, you may access our Products and Services through the Platforms. While some features on the Platforms may be available without registration; you shall be required to register online on any of our Platforms by creating a GetSupp account (“Account”) to access the Products and Services.
You are solely responsible for the information associated with your Account, its confidentiality, and all activities in relation to your Account. You must maintain the security of your Account and promptly notify GetSupp at [email protected] if you discover or suspect that someone has accessed your Account without your permission. GetSupp or its officers, directors, employees, consultants, Subsidiaries, Affiliates and agents, shall not be held liable to you for any liabilities or damages resulting from your failure to keep your Account and password or other information secure. You will not authorize third parties to use your Account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
By registering and creating an Account with GetSupp, you represent and warrant that:
- You meet with all the eligibility requirements as set out in the User Agreement;
- All the information provided by you, prior to registration and thereafter is accurate and complete
- You are competent to enter into a binding contract under the laws of India or any other laws as may be applicable
- You have never been convicted of any offence in the nature of a sexual crime (including molestation, child abuse etc.) or any offence under the Information Technology Act, 2000 or rules or regulations specified thereunder.
Once you complete the process of registration and setting up of your Account on any of our Platforms, you will be permitted to:
- Access and post content (limited in form of reviews, comments or feedback) on any of the Platforms;
- Access and purchase Products & Services and subscribe to Services subject to the terms and conditions set out herein;
Upon completion of registration you consent to:
- Receiving emails or SMS/texts on your email address or mobile number in relation to updates and changes to the features of Products and Services and special offers, new promotions and sales opportunities and notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email/text messages, you may opt out by sending us an email at: [email protected] Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
- Receiving information on your email and phone in relation to fulfilment of orders placed by you for availing our Products and Services
- Receiving information pertaining to customised Engagement Plans or our community/ functional experts over Email/Sms.
- Receiving reminders and alerts on your email and phone in relation to the services pertaining to online appointment bookings and Treatment Plans subscribed by you under these Terms,.
5. Product and Service Information
We attempt to be as accurate as possible in the description of the Product on the Platform. However, we do not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. Packaging may vary from that shown. Site may contain typographical errors or inaccuracies and may not be complete or current. The Product pictures are indicative and may not match the actual Product. Also, your access to the Site/App may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities, Products or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or Services.
- Product Use & Services
The Products and Services available on the Platforms, and the samples, if any, that Platform may offer/provide you, are for your personal and/or professional use only. The Products and Services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
In case any Products or Services purchased / received / availed causes any side effects or doesn’t suit you, in any manner whatsoever, please note that GetSupp is in no manner responsible for any manufactural side-effects or service provided and manufacturer or service provider of the Product or Services shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the Products and Services and consult a specialist before the use of the same.
Any recommendation made to you on the Platforms during the course of your use of the Platforms or under any Services availed by you on the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the Products and/or the Services by us or any of our associates, Subsidiaries and Affiliates in any manner.
- Pricing Information
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until after you order. Without limiting the generality of Clause 7 (Cancellations, Refunds and Returns) below, if a Product / Service is listed at an incorrect price or with incorrect information due to any technical error, GetSupp shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product/ Service, unless the Product has already been delivered or the Service has already been availed by you. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been delivered and the Services are availed, your offer will not be deemed accepted and we will have the right to modify the price of the Product/Service and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value; however prices and availability are subject to change without notice.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE/PLATFORMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF GETSUPP. GetSupp may revise and cease to make available any Product/ Services at anytime. In the event, GetSupp is unable to deliver the Product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the Product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. GetSupp shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
- Cancellation, Refunds and Returns
Please refer to our Cancellation, Refunds and Returns Policy provided on our Platforms.
- Shipping and Delivery
Please refer to our Shipping and Delivery policy provided on our Platforms.
- Limited License
GetSupp grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site/App. All rights not expressly granted to you in the terms of this User Agreement, are reserved and retained by GetSupp.
GetSupp reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site/App.
- Intellectual Property Rights
GetSupp name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of GetSupp. All other Marks provided on the Platforms are the property of their respective companies, Subsidiaries and Affiliates. No trademark or service mark license is granted in connection with the materials contained on the Platforms. Access to the Platforms does not authorize anyone to use any Marks in any manner. Marks displayed on the Platforms, whether registered or unregistered, of GetSupp or others, are the intellectual property of their respective owners, and GetSupp shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
GetSupp and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on the Platforms, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Platforms is the exclusive property of GetSupp and are protected by the Indian copyright laws. Consequently, the materials on the Platforms shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of the Site/App(collectively, the “Contents ” ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. Any use of the Content including the reproduction, modification, distribution, transmission, re-publication, display, or performance, is strictly prohibited. Unless GetSupp explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by GetSupp, any of its Affiliates or by third parties who have licensed their materials to GetSupp and are protected by Indian copyright laws and international treaties.
You shall indemnify and hold harmless GetSupp, its officers, directors, agents and employees its Subsidiaries, Affiliates, partners and licensors from any losses, claims, damages, liabilities or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed on GetSupp or any third party due to or arising out of, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the terms of this User Agreement or any document incorporated by reference, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the User Agreement.
You hereby expressly release GetSupp and/or its subsidiaries/affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/sellers /consultants and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- Governing Law and Jurisdiction
The User Agreement and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Bangalore shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the User Agreement and other Policies on the Platforms, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Delhi.
Notwithstanding anything in this User Agreement, GetSupp shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Bangalore.
- Entire Agreement and Relationship
If any part of User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue to be in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and GetSupp with respect to the use of Platforms/Products and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
GetSupp failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
Nothing contained in this User Agreement shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
This User Agreement is effective unless and until terminated by either you or us.
You may terminate this User Agreement at any time, provided that you discontinue any further use of the Platforms. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platforms. Such termination will be without any liability to GetSupp.
Upon any termination of the User Agreement by either You or Us, you must promptly destroy all materials downloaded or otherwise obtained from the Platforms, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the Product/Services already ordered from the Platforms or affect any liability that may have arisen under the User Agreement.
- Disclaimer and Limitation of Liability
The Platforms are provided without any warranties and guaranties and presented “as is.” neither we nor our holding, subsidiaries, Affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions/User Agreement or the Platforms or any of the content. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products or Services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platforms. While we have taken precautions to avoid inaccuracies in content, these Platforms, all content, information (including the price of products), software, products, services and related graphics/images are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Site/Platforms. At no time shall any right, title or interest in the Products sold through or displayed on the Site/App vest with GetSupp nor shall GetSupp have any obligations or liabilities in respect of any transactions on the Platforms.
You acknowledge and undertake that you are accessing the Services and buying the Products on the Platforms and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platforms. You further acknowledge and undertake that you will use the Platforms to order Products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the Products or Service Providers and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the Products or the Service providers.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, Subsidiaries, Affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Site/Platforms; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of GetSupp. We make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our Subsidiaries, Affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise.
You agree that no claims or actions arising out of, or related to, the use of the Site/App or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
This disclaimer constitutes an essential part of this User Agreement.
- User Generated Content
Registered users entitled to avail Products and Services on the Platforms may be permitted to post certain feedback, reviews, ratings, comments, questions, data, documents, pictures, images, sounds, graphics videos, messages and other information on the Platforms. (“User Content”).
You are responsible solely for the User Content that you post, including its legality, reliability, and appropriateness. We take no responsibility for and we do not expressly or implicitly endorse any of your User Content. By submitting your User Content on our Site or App, you represent and warrant that the User Content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in this User Agreement and the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
GetSupp does not endorse or control the User Content transmitted or posted on the Site/App by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by us. You understand that by using the Platforms, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will GetSupp be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platforms. You hereby waive all rights to any claims against GetSupp for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
By posting User Content on our Site and App, you grant us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through our Site and App. You agree that this licence includes the right for us to make your User Content available to other users of the Services, who may also use your User Content subject to the terms of this User Agreement.
You agree that GetSupp may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) comply with request from the government or its agencies (ii) enforce these the terms of the User Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms; in compliance with a legal order or upon being notified by the appropriate Government or its agency under section 79(3)(b) of Information Technology Act, 2000.
You hereby acknowledge that GetSupp has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of the User Agreement, GetSupp has the right to remove any User Content that violates the terms of the User Agreement or is otherwise objectionable and further reserves the right to refuse Service and/or terminate accounts without prior notice for any users who violate this User Agreement or infringe the rights of others.
- Representation and Warranties
We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. GetSupp shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on the Platforms.
You acknowledge that the Platforms are provided only on the basis set out in this User Agreement. Your uninterrupted access or use of the Platforms on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on the Platforms.
GetSupp does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Platforms.
GetSupp through the Platform intends to provide its Users with general information about Products and healthcare topics and Services. The Platforms encourages its Users to interact with GetSupp and its employees by asking questions that enables the user to obtain information of a general nature pertaining to nutrition and healthcare topics.
The postings on the Platforms or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with GetSupp, its employees or representatives (collectively referred to as “Information“) which are in furtherance of any communication made by the user with GetSupp, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While GetSupp takes reasonable care to ensure that the Information is accurate, GetSupp makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by GetSupp or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will GetSupp its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with GetSupp objective of providing \its users with general information about nutrition and healthcare topics and products, GetSupp engages experts having knowledge of in their respective fields (” Experts “) to respond to queries posted by users. Any information provided by the Experts, either over the Site/App, through e-mails, calls, SMS, chat rooms or on social networking sites, including the Site’s facebook page (collectively referred to as ” Expert’s Opinion “) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. GetSupp makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert’s Opinion. In case any user relies on such Expert’s Opinion, he/she may do so at its own risk. Under no circumstances will the GetSupp, Company, its employees, representative or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.
- Contact Information
If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
- Sending a letter marked to the attention of Grievance Officer Mr. Akhtar Mohammed, 2724, 31st main, HSR Layout, Bangalore 560102, GetSupp technologies Pvt Ltd; or
- Sending an email to [[email protected]]
- Phone number [+91 82995 77566]
- Contact days [Time: Mon – Sat (9:00 – 18:00)]