HealthySpan Wellness

TERMS AND CONDITIONS


(SECTION-1) TERMS OF USE

Legal Agreement

Revision history:

20th October 2020

Original issue

16th January 2021

1st revision

9th May 2021

2nd revision (This is the latest update & is effective since 9th May 2021)


HealthySpan Wellness Private Limited (Contextually “us”, “we”, or “HealthySpan Wellness” or simply “HealthySpan” OR “The Company”, which also includes its affiliates and subsidiaries) –  is the author and publisher of the website www.healthyspan.in (“Website”) on the world wide web, as well as the provider of Wellness Programs, Wellness Coaching, Wellness Training or Healthy Weight Loss Programs (together with use of the Website, Wellness Consultations, Coaching, Training referred to as the “Service” or “Services” or “Program” or “Programs”). HealthySpan Wellness may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of HealthySpan Wellness. Through this user agreement (“User Agreement”), you acknowledge and agree that HealthySpan, its Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this agreement. By accessing the Website, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Service (“Users” or contextually “you”, “your”). If you do not agree with the terms contained in this Agreement, you are not permitted to use the Website and Services. HealthySpan Wellness will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on the Website. All changes are effective as soon as we post them and by continuing to use the Website and continuing to avail the Services, you agree to be bound by the revised terms and conditions of use. Your use of the Website is subject to the most current version of the terms of use posted on the Website at the time of such use.

HealthySpan has created this Website to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles through Wellness Coaching and to provide the Users access and recommendations to healthy and nutritious food products & wearable devices for fitness tracking. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data {data on, including but not limited to, human body size and shape, body mass index, weight, height, waist circumference (waist), and hip circumference (hip), resting metabolism / basal metabolic rate, fitness goals and lifestyle factors}, we are not a medical organization (e.g., hospitals are medical organizations), and our recommended workout plans, daily fitness sessions and specific exercises shall never be considered erroneously, a replacement of medical advice, diagnoses or prescriptions. HealthySpan Wellness does not claim to treat any disease nor does it claim that any organic nutrition, fitness regimen etc. it recommends can do so. Appropriate lifestyle habit modifications are not a substitute for medical treatment. However, HealthySpan Wellness believes a lifestyle disorder like obesity and other related disorders may be effectively managed by positive changes to lifestyle habits, viz., diet, nutrition, exercise, sleep, developing a positive mental attitude. No one can guarantee different individuals will have same results. Individual experiences with the Services may vary.

1. GRANT OF ACCESS TO PROGRAMS

1.1     HealthySpan grants you a temporary access to the Services and HealthySpan reserves the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website by notifying the same on our Website from time to time. We have no obligation to serve a prior notice to you in this regard. Uptime of the Website is not 100%; if for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period, we will have no liability in this regard. At our sole discretion, we may restrict access to some parts of our Website, or our entire Website, to Users who have enrolled into our Programs.

1.2     HealthySpan grants you permission to use the Services as set forth in this Agreement. You agree that (i) you will not copy or distribute any part of the Programs material shared with you in any manner whatsoever without HealthySpan’s explicit authorization in this regard; and (ii) you will otherwise comply with the terms and conditions of this Agreement.

1.3     By enrolling into the Program after making the payment, you warrant that: (i) all the data provided by you is accurate and complete in all respects; (ii) you shall maintain the accuracy of such information, and any changes thereto by regular update of any such information; (iii) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the obligations, affirmations, terms, conditions, warranties and representations set forth in this User Agreement, and to abide by and comply with this User Agreement; (iv) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services or enrolling into the Programs under applicable laws; and (v) you may use the Website or such other Services provided through the Website only in compliance with this User Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any damage, injury or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you to us. If we believe that you have violated any of the conditions as mentioned under this User Agreement or the Privacy Policy, we may delete your profile by informing you minimum 48 (forty eight) hours in advance; we may not warn you when we do the same or provide you any notice whatsoever in this regard.

1.4     You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the process of enrollment into the Program and be entitled to use the Program or participate in the Program. The information provided by you may be shared by us with any 3rd party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website and enrolling into the Program you expressly consent to such sharing of the information provided by you.

1.5     HealthySpan reserves the right to refuse access to the Program to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. The Program is not available to any User who is suspended or prohibited by HealthySpan from using the Website or the Program for any reason whatsoever.

2. ENROLLMENT INTO THE PROGRAMS

2.1     Once you enroll into the Program after making the payment:

2.1.2  We are entitled to get in touch you, if necessary, in order to inform you of changes to the terms of use of the Website or Programs

2.1.2  It does not allow you to use email addresses displayed on the Website for any purpose other than that specifically authorized by us.

2.2     By providing HealthySpan your email address/ phone number or other contact information, your postal mail address, for example, you consent to:

2.2.1  Our using your email address, postal mail address or mobile number to send you Program-related notices, including any notices required by law; Sometimes, these notices may be sent by us using email address and phone number only in lieu of communication by postal mail. You may send us an email at support@healthyspan.in to opt out of Program-related communications vide email/mobile number or entirely. Please be advised that opting out may prevent you from receiving email messages or phone messages or letters through postal mail regarding improvements, updates or promotional offers on the Website.

2.2.2  Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress in the Program and relating to any new promotions being run on the Website.

2.2.3  Our using your email address, postal mail address, phone number and other ancillary information to fulfill the orders placed by you with us; and

2.2.4  Our using your email address or phone number to send you other messages, including changes to features of the Service and promotional offers. If you do not want to receive such email messages, you may opt out by sending us an email at: support@healthyspan.in. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements or promotional offers.

3. GRANT OF LIMITED RIGHT AND LICENSE FOR PERMITTED PURPOSE

3.1     Subject to these terms and conditions of use, HealthySpan grants you a non-exclusive, non-transferable, non-sublicensable limited right and license for you to access and use the Program, under the guidance of the Wellness Consultant (“Wellness Consultant”) assigned, solely for the purpose permitted.

4. DISCLAIMERS

4.1     Content of the Website – including but not limited to likenesses, various works of authorship, text (articles, blogs, write-ups of testimonials, reviews, and comments), audio clips, video clips, photographs, illustrations, graphics and other visuals / pictorial representations, live fitness sessions – is for informational purposes only and is neither a substitute for nor does it constitute professional medical advice, diagnosis, treatment or recommendations of any kind; some of the images/videos could be solely for representation purposes. Please always carefully note the date of last review or update on all articles and other content on the Website. It is being reemphasized – no content on the Website regardless of date, should ever be used as a substitute for direct medical advice from your doctor, qualified health care practitioner, registered medical professional or a certified fitness trainer. HealthySpan Wellness neither claims to treat any disease nor does it claim that any organic nutrition or any other aspects narrated can do so. Appropriate lifestyle habit modifications are not a substitute for medical treatment. However, HealthySpan Wellness believes lifestyle disorders viz. obesity or other obesity-related disorders can be effectively managed by positive changes to lifestyle habits, viz., diet, nutrition, exercise, sleep, developing a positive mental attitude. No one can guarantee different individuals will have same results. Individual experiences with the wellness Programs may vary.

4.2     3rd party sites for which links are provided on the Website, such as social media sites, for example, www.facebook.com, www.instagram.com, www.linkedin.com, www.twitter.com, www.vk.com, www.youtube.com may provide, links to other web sites or resources. Given that we have no control over such 3rd party sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such 3rd party sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

4.3     You agree that your use of the Website and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. HealthySpan Wellness shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the participation in the Program will be accurate or reliable; and (vi) any errors in the Services will be corrected.

4.4     If you are 33 (thirty three) years of age or older, or if you have not been physically active for a duration that exceeds 6 (six) months at a stretch, or if you have any medical history that may put you at risk, including, without limitation, one or more the following health conditions, you are required to seek approval from a qualified health care practitioner or your doctor prior to enrolling into any of our Programs or attending our daily fitness sessions:

4.4.1  Cardio-vascular diseases, high blood pressure (hypertension) or a family history of high blood pressure or heart diseases;

4.4.2  Chest pain caused while doing exercises at an earlier instance or dizziness or loss of consciousness caused while doing exercises at an earlier instance;

4.4.3  Connective tissue disorders such as arthritis or bone or joint health problems;

4.4.4  Diabetes, high cholesterol, high triglycerides, high plasma homo-cysteine, obesity.

4.5     You should discontinue exercises – exercises that are recommended as part of the Programs or are part of live streaming from the Website, in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services or Programs for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions that puts you at increased risk.

4.6     The content provided on or through this Website regarding drug or dietary supplements have not been evaluated or approved by any regulatory authority including the Drug Controller of India.

4.7     Since our Programs are not a substitute for professional medical advice, you agree that you will not, under any circumstances, disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website. Reliance on any such content is solely at your own risk.


5. PERSONAL DATA PROTECTION PRACTICES

5.1     For information about HealthySpan’s policy on privacy and personal information, please read HealthySpan’s privacy policy set out below. This policy explains how HealthySpan treats your personal information, and protects your privacy, when you use the Program.

6. SHARING PHOTOS, VIDEOS TO SHOW PROGRAM PROGRESS

6.1     As part of the Program, when you share material related with progress of your Program with our Wellness Consultant or post messages / comments on Website, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or participating in the Program.

7. PRECAUTIONS TO BE EXERCISED WHILE SHARING CONTENT

7.1     Your content contribution must not:

7.1.1  Belong to another person or another legal entity and contain any information that you do not have any right to (i.e., information that does not belong to you);

7.1.2  Be defamatory of any individual or any other legal entity OR be offensive, lascivious, obscene, hateful, harmful, pornographic, harassing, defamatory, vulgar, lewd, libelous, blasphemous, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

7.1.3  Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism OR be such that it is known by you to be untrue, inaccurate or deceptive;

7.1.4  Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws;

7.1.5  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age OR disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;

7.1.6  Be harmful to minors;

7.1.7  Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly derogatory or intimidating in nature OR be content for which you were compensated or granted any consideration by any third party;

7.1.8  Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.

7.1.9  Infringe any intellectual property including copyright, database right or trade mark or word mark or service mark of any other person or other legal entity;

7.1.10 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence OR be likely to harass, upset, embarrass, alarm, enrage or annoy any other person or legal entity;

7.1.11 Impersonate any person, or misrepresent your identity or affiliation with any person OR advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

7.1.12 Threaten the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is disparaging to another nation or a community.

7.2     We hereby reserve the right to take down or delete any content posted or shared by you, which, in our sole discretion falls under the above restrictions.

8. DEFINED LIMITS ON USE OF PROGRAM

8.1     You are not permitted to and shall not do any of the following acts, the breach of which shall entitle HealthySpan Wellness to terminate your participation in the Program, without prejudice to any other rights or remedies we may have against you:

8.1.1  Tamper with any logo, copyrighted material or proprietary content, labels, watermarks, signatures or any other like marks affixed to material shared as part of the Program

8.1.2  Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Program content provided to you as part of the Program instructions;

8.1.3  Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website servers or the networks connected to any of the servers on which the Website is hosted OR access or attempt to access any content on the Website that you are not authorized to access by any means; and disrupt or interfere with the security of, or otherwise cause harm to the Website, system resources, or gain unauthorized access to servers or networks connected to or accessible through the Website or any affiliated linked sites.

8.1.4  Use the Program to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content OR use any of HealthySpan’s domain-name as a pseudonymous return email address.

9. RIGHTS RESERVED BY HEALTHYSPAN

9.1     HealthySpan shall not be liable to you or to any 3rd party for any modification, suspension or discontinuance of the Program.

9.2     We have the right to disclose your identity to any 3rd party who validly claims and provides evidence that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

9.3     We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.

9.4     We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of HealthySpan, its Users and the public. HealthySpan Wellness shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

10. BREACH OF CONTENT STANDARDS

10.1   When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to participate in the Program or use the Services, and we may take any action legally available including all or any of the following actions:

10.1.1 Immediate, temporary or permanent withdrawal of your right to participate in the Program or use the Services; immediate, temporary or permanent removal of any contribution already posted on the Website, upon your failure to cure the breach that is brought to your notice;

10.1.2 Issue of a warning to you and initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.1.3 Further legal action against you; and disclosure of such information to law enforcement agencies as we reasonably feel is necessary or as required by law.

10.2   We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

10.3   Upon such termination/suspension of Programs, all licenses granted to you by HealthySpan Wellness for participating in the Program or use the Services will automatically terminate.

11. CONTENT

11.1   You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while participating in the Program and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which HealthySpan Wellness may suffer). HealthySpan Wellness exercises no control over the content posted by you on the Website.

11.2   A search using the Website may produce results and links to 3rd party sites such as social media sites that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. HealthySpan Wellness hereby disclaims any and all responsibility and liability associated with the same.

11.3   You acknowledge and agree that HealthySpan Wellness is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such 3rd party web sites or resources.

12. CONTENT LICENSE FROM YOU

12.1   Some areas of the Website may allow Users to post news, feedback, comments, questions, data, documents, pictures and other information (hereinafter, referred to as “User Generated Content” or simply “UGC”). You are solely responsible for your UGC that you upload, publish, display, link to or otherwise make available (hereinafter, referred to as “Post” or “Posts”) on the Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your UGC. HealthySpan will not review, distribute, or reference any such UGC except as provided herein or in our Privacy Policy or as may be required by law.

12.2   By Posting any UGC on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to HealthySpan Wellness a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such UGC and your name, voice, and/or likeness as contained in your UGC, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You also hereby grant each User of the Services a non-exclusive license to access your UGC through the Services, and to use, reproduce, distribute, display and perform such UGC as permitted through the functionality of the Website and under this Agreement.

12.3   You understand that HealthySpan Wellness, in performing the required technical steps to provide the Services to our Users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit HealthySpan Wellness to take these actions.

12.4   You are solely responsible for your contributions to any online forum HealthySpan Wellness may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to HealthySpan Wellness, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to HealthySpan Wellness a perpetual, irrevocable, royalty-free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.

12.5   You confirm and warrant to HealthySpan Wellness that you have all the rights, power and authority necessary to grant the above license.

13. BILLING AND PAYMENT FOR PAID PROGRAMS

13.1   For paid Services or Programs, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. HealthySpan Wellness may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

13.2   It is your responsibility to promptly provide HealthySpan Wellness with any contact or billing information changes or updates (including phone number, email address, postal mail address etc.). HealthySpan does not validate all information required by the Customer’s payment provider to secure payment. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us.

13.3   You must notify HealthySpan Wellness about any billing problems or discrepancies within 30 (thirty) days after charges first appear on your account statement. If it is not brought to HealthySpan’s attention within 30 (thirty) days, you agree to waive your right to dispute such problems or discrepancies.


14. LIMITS OF HEALTHYSPAN’S MAXIMUM LIABILITY & INDEMNITY

14.1   You agree to defend, indemnify and hold harmless HealthySpan Wellness, its officers, directors, employees, ambassadors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and Website; (ii) your violation of any term of this Agreement; (iii) your violation of any 3rd party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website and enrollment/ participation in Programs.

14.2   The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:

14.2.1 Conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;

14.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website or in connection with the use, inability to use, or results of the participation in the Program or our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

14.2.2.1       Real of potential monetary losses: Loss of income OR revenue OR loss of business OR loss of profits or contracts OR loss of potential savings;

14.2.2.2       Loss of data/ goodwill: Loss of data OR loss of goodwill or loss of reputation;

14.2.2.3       Loss of time: Wasted time (that of management or office); and

14.2.2.4       Miscellaneous losses: For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

14.3   Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of enrollment into the Programs or availing our Services irrespective of whether they are paid Services of otherwise.

15. PROHIBITED USE OF THE SERVICES

15.1   You must not attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures or probe the Programs in any form.

15.2   You must not misuse our Website by knowingly introducing worms, viruses, trojans, logic bombs, scrapers, spiders, time bombs, cancel bots, other robotic programs, spyware or other similar material, miscellaneous computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

15.3   By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). When deemed necessary by us, we will report any such breach to the relevant law enforcement agencies and we will extend our co-operation to those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website or our Programs will cease immediately.

15.4   We will not be liable for any loss or damage caused by any planned/ unplanned or distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

16. MEASURES FOR SECURING YOUR PERSONAL INFORMATION

16.1   We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and UGC from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized 3rd parties will never be able to defeat those measures or use your personal information and UGC for improper purposes. You acknowledge that you provide your personal information at your own risk.

17. LINKING TO WWW.HEALTHYSPAN.IN OR OTHER LINKS THEREIN

17.1   You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

17.2   Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.

17.3   Linked sites are under no way in control of HealthySpan and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.

17.4   If you wish to make any use of material on our Website other than that set out above, please send your request to: support@healthyspan.in.

18. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS / WORDMARKS / SERVICE MARKS

18.1   All right, title and interest in usage of the terms healthyspan.in, HealthySpan, HealthySpan Wellness including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

18.2   All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of HealthySpan Wellness Private Limited and its licensors. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HealthySpan Wellness Private Limited.

18.3   Except as expressly provided in these terms of use, no part of the Website and no content or marks, data, statistics, independent research conducted and posted by HealthySpan Wellness may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

18.4   By accepting the use of terms hereunder you agree that the HealthySpan Wellness does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by HealthySpan Wellness, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.

18.5   Any usage of HealthySpan’s contents, without the written authorization of HealthySpan, shall be considered a breach of this Agreement, and you shall be required to indemnify HealthySpan for all liability incurred in this regard.

19. FORCE MAJEURE

19.1   You agree to free us from liability or obligation when an extraordinary event or circumstance beyond our control occurs, such as a war, strike, riot, crime, epidemic, sudden legal changes, or an event described by the legal term ‘act of God’, that prevents us from fulfilling our obligations under this agreement.

20. MANDATORY INITIAL DISPUTE RESOLUTION

20.1   We are available by email at support@healthyspan.in to address any concerns you may have regarding your use of the Services or participation in the Programs. Most concerns may be quickly resolved in this manner. We shall use our best efforts (efforts from your side and efforts from the side of HealthySpan Wellness) to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

21. RELATIONSHIP BETWEEN THE WEBSITE, WWW.HEALTHYPAN.IN AND LEGAL NAME HEALTHYSPAN WELLNESS PRIVATE LIMITED

21.1   The website www.healthyspan.in, is registered and owned by HealthySpan Wellness Private Limited, and usage of this Website and affiliated links is subject to the Terms of Use and Privacy Policy.

22. LAWS GOVERNING THIS LEGAL AGREEMENT AND JURISDICTION OF THE COURTS

22.1   The jurisdictional court of Indian State of Karnataka (courts situated in Bengaluru city limits) shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of participation in the Program or use of the Services.

22.2   HealthySpan Wellness accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that our Website can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.


END USER LICENSE AGREEMENT – YOUR USE OF THE WEBSITE

This End-User License Agreement (“EULA”) is a legal and binding agreement entered into between HealthySpan Wellness and you. Upon use of HealthySpan’s Website you automatically agree to be bound by the terms and conditions captured herein. If you do not agree to the terms and conditions contained herein, then do not access and use HealthySpan’s Website. While this EULA governs your use of the Website, the terms of service, refund policy, privacy policy, and cookies policy govern your access and participation in the Programs offered on the HealthySpan Wellness Website. Scrolling down to the end of EULA and reading it is required before you access and use HealthySpan’s Website.

1. LICENSE

1.1     HealthySpan Wellness hereby grants you a non-transferable, limited, non-sub-licensable, non-commercial, non-exclusive, and right to use HealthySpan’s Services. This is subject to the terms and conditions of this EULA.

1.2     Definition: The definition of “Services” is as follows. Services include but are not limited to enrollment into the “Wellness Programs” or “Programs”, together with use of the Website, receiving Wellness Consultations, Coaching and Training. It includes food products that may be delivered to you as part of the Program. It may include recommendations of such food products to you and that you procure from 3rd party sellers, when appropriate. It includes provision or recommendations of wearable, non-invasive, widely-used devices to track fitness and general physical activity levels, devices that uses sensors to track your orientation, movement, and rotation, devices that collect data and convert the data into number of steps, calories burnt, sleep quality and general activity you perform through the day.

1.3     You acknowledge that by availing the Services, HealthySpan Wellness may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, diet followed, pictures of your food-plate, fitness regimen adhered to. You hereby consent to HealthySpan collecting and storing such information on HealthySpan’s servers, or 3rd party servers, and to receive calls from us, receiving messages from us on in-house or 3rd party messaging platforms (“Messaging Platforms”) from time to time regarding updates of your progress from participating in the Program.

2. RESTRICTIONS ON USE

2.1     The following restrictions shall apply to your participation in the Program and the license granted herein:

2.1.1  You hereby acknowledge and agree to use the Services as permitted in this Agreement;

2.1.2  You shall not misrepresent HealthySpan Wellness or its Services or reproduce the same by coaching, training others on any portion of the Services;

2.1.3  You shall only use the Services for your own personal, non-commercial benefit;

2.1.4  You shall not use techniques, methodologies proprietary to HealthySpan Wellness that you got access to as part of the Services for any revenue generating endeavor, commercial enterprise, or other purpose;

2.1.5  You shall not use any electronic communication, viz., chats on Messaging Platforms or equivalent made available as part of Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy (including that of HealthySpan Wellness), harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

2.1.6  You shall not use any proprietary information or other intellectual property of HealthySpan Wellness, such as but not limited to its logo (“Logo”) or other intellectual properties or assets, in the design, development, manufacture, licensing or distribution of any such Services;

2.1.7  You will not collect or store personal information about other users whenever you a get a chance to do so.

2.1.8  You shall not copy text and graphics from the Website for non-personal and commercial use; and

2.1.9  Violate any applicable laws, rules or regulations in connection with your access or use of the Website;

2.1.10 You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.

3. TELECOM OPERATOR CHARGES (DATA AND ADDITIONAL ROAMING)

You acknowledge that applicable network/data charges may be incurred through your use of the Website and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the Website are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You also agree that use of the Website, whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.

4. IP RIGHTS (STATUTORILY RECOGNIZED RIGHTS TO INTELLECTUAL PROPERTY)

4.1     The Website may feature trademarks, word-marks, logos, service marks, product names and designations, by making these trademarks available through the Website and in content, the Company is not selling you the content of the Website to use it in any manner – commercial or non-commercial, and you are not granted any rights under any of Company’s intellectual property rights.

4.2     This EULA does not grant you any rights to trademarks, word marks, service marks, copyrights or patents (national or international) of the Licensor.

4.3     Any unauthorized copying, displaying, selling or distributing or other use, including an intent to harm the reputation of HealthySpan Wellness, of any content of the Website is a violation of the law unless it is solely for personal use & uses that are granted by this EULA.

5. DISCLAIMER

5.1     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. ALL DATA AND CONTENT PROVIDED THROUGH THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, AND CONTENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE WEBSITE OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE WEBSITE OR OTHERWISE.

5.2     THE WEBSITE MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.

5.3.    THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.

5.4.    THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES USING ITS OWN OR 3RD PARTY MESSAGING PLATFORMS IS NETWORK DEPENDENT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS OR THE COMPANY FAILING TO RECEIVE, READ, COMPREHEND AND ACT UPON MESSAGES RECEIVED FROM AUTHORIZED SENDERS.

5.6     IT IS POSSIBLE THAT THE WEBSITE MAY STOP WORKING AND IT MAY CAUSE YOUR CELLULAR MOBILE PHONE TO CRASH OR THERE IS A REQUIREMENT TO REINSTALL YOUR PHONE OPERATING SOFTWARE. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.

6. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE WEBSITE (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE WEBSITE OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE WEBSITE. UNDER NO CIRCUMSTANCES, WHATSOEVER, SHALL THE LIABILITY ON THE COMPANY EXCEED THE AMOUNT PAID BY YOU FOR AVAILING THE SERVICES ON THE WEBSITE.

7. DAMAGES

You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the website, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.

8. EVALUATION TERM & TERMINATION

8.1     Licenses or Services not purchased for the full license fee, full service fees respectively and any trial version, trial packages of Wellness Programs, trial packages of Healthy Weight Loss Programs, as and when and if they are available, are provided for a limited duration and for the limited purpose expressly communicated to you in connection with the Website. At the end of the evaluation/trial period, you will cease use of the said Licenses or Services, remove and destroy all data pertaining to the Licenses or Services that got generated in due course of the trial period. Failure to do so shall be a breach of this EULA.

8.2     You agree that the Licenses and Services may automatically disable in such a way that you will lose access, if provided, at the end of the evaluation/trial period – you consent to such disabling feature. You also agree that Company may send you reminders to purchase a full program term license by paying full fees for the Licenses or Services, whether during or after the evaluation/trial version.

8.3     You agree that any evaluation/trial version, trial package is not full-featured and the use of certain features of the Licenses and Services may be disabled or limited in any manner deemed appropriate. You may activate all features of the Licenses and Services by purchasing a full program term license by paying full service or license fees as communicated to you.

8.4     Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such event, you must cease use of the Website and destroy miscellaneous data pertaining to the Services availed and all other associated documents. You agree that Company may remotely disable access to the Services, in whatsoever manner it deems appropriate, in the event of termination under this section.

9. ENTIRE AGREEMENT

9.1     This EULA constitutes the entire agreement between you and Company relating to the Website and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the Services listed on Website or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.

9.2     The provisions of the terms of service set out above and privacy policy (including cookies policy), refund policy set out below shall be read together with this EULA and are deemed to be an integral part of this EULA. While this EULA governs your use of the Website, the terms of service, refund policy, privacy policy, and cookies policy govern your access and participation in the Programs offered on the HealthySpan Wellness Website.

10. SEVERABILITY

If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).

11. LAWS GOVERNING THIS EULA AND JURISDICTION OF THE COURTS

The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Bengaluru in Karnataka and you submit to such jurisdiction.

12. REFUND, RETURN AND SHIPPING POLICY

Please be advised to read the Refund Policy section that follows below for a detailed account of the Refund, Return Policy and Policy related to Shipping.

13. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

In the event of any complaints or concerns with respect to the Website or our Services, please contact our Grievance Redressal Officer Mr. B Veeraradhya at: grievance@healthyspan.in.



(SECTION-1A) REFUND POLICY

Legal Agreement

This refund policy agreement (“Refund Policy”) is an agreement between you (“you” or “Registered User” or “Visitor” or “your” or “yours” as the context requires) and HealthySpan Wellness (“HealthySpan” or “HealthySpan Wellness” or “we” or “us” or “our” as the context requires) governing your purchase and shipment of HealthySpan’s products (“Products”) or subscription or enrollment into HealthySpan’s wellness programs or healthy weight loss programs (“Programs” or “Services”), or that of HealthySpan’s subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates“), providing the Services to you on behalf of HealthySpan with the characteristics and features as described on www.healthyspan.in (“Website”).

This Refund Policy is a focused on providing a policy that dictates the terms of any refunds or returns which may be offered by us to you in case you make a purchase of any of our Products or any of our Services. Before you make a purchase, you may decide to review this Refund Policy to make sure you are comfortable with the terms mentioned herein. This Refund Policy document is a subset of the “Terms and Conditions” page. Therefore, you may please be advised to read our “Terms and Conditions” (please check the available link for “Terms and Conditions” on the Footer of our Website on the home page) along with this Refund Policy to comprehensively learn about all the applicable terms and conditions that define our relationship with you.

REFUND POLICY:

We thank you for your purchase of our Services thereby enrolling into our Programs. The Services may or may not include Products as part of Services. When you make a purchase, we sincerely hope you are happy with your purchase and subsequent enrollment into our Programs. However, if you are not completely satisfied with your purchase for any reason, you may ask for a refund (“Refund”). In the event that you cancel Program you subscribed to or the same is suspended or terminated by HealthySpan Wellness within the aforesaid period, we shall Refund any Program fees paid by you. In such a scenario, the Refund process shall be governed by the following terms and conditions of Refund:

  1. All Refunds are at the sole discretion of HealthySpan Wellness.
  2. Refund within a week of Program activation calls for 10% deduction of the amount you paid to purchase our Program and additional deduction up to actual costs incurred up to the Program termination date including payment gateway charges (which are approximately anywhere between 2% to 10% depending upon payment methods used by you and the payment gateway chosen), exchange rate costs incurred, cash-backs, miscellaneous statutory levies, cost of organic nutrition shipped (even if unused; they remain non-refundable throughout), cost of wearable devices shipped as part our Services (if they are unpacked and are no longer in sealed condition) and other accessories etc.
  3. Whereas a Refund up to 1 month from Program activation calls for 20% deduction and additional deduction up to actual costs incurred up to the Program termination date including payment gateway charges (which are approximately anywhere between 2% to 10% depending upon payment methods used by you and the payment gateway chosen), exchange rate costs incurred, cash-backs, miscellaneous statutory levies, cost of organic nutrition shipped (even if unused; they remain non-refundable throughout), cost of wearable devices shipped as part our Services (if they are unpacked and are no longer in sealed condition) and other accessories etc.
  4. No refunds, beyond 1 month of program activation date, are permissible.
  5. Please be advised that the above charges will be adjusted after deducting a fixed processing fee of Rs.1000/-(Rupees One Thousand) for India or $25 (United States Dollars twenty five) for locations outside India (including Taxes and bank charges, if applicable). As far as practically possible, the refund shall be processed using the manner/mode (for instance, if your payment for the Program subscription was received by us from you using a certain payment gateway, we will use the same payment gateway to process your Refund) which was used to subscribe to our Program by you within 30 (thirty) days from the date of we receiving a cancellation request from you.
  6. What is ‘Program Activation Date’ and what is ‘Payment Date’ for the Program: Payment Date for the Program is the date (IST is GMT + 5.30 Hours) on which you made the payment to us using a payment gateway or other means. Whereas Program Activation Date is the date on which your Program actually commenced (the date of first appointment with the assigned wellness consultant) which is usually within 1-2 days of Payment Date unless you have specified the Program Activation date to be a later date convenient to you. However, please be advised that the Program Activation date is considered to be within 15 days of Payment date by default when you specify a Program Activation Date that is beyond 15 days from Payment Date.
  7. For Program renewals (“Renewals”), the Program Activation Date is same as the renewal due date, i.e., the date by which you are required to renew your contemporarily active program. All other terms and conditions of Refund remain the same for Renewals.
SHIPPING AND RETURN POLICY:
  1. The Products and other accessories, wearable devices, literature etc., if applicable, are shipped within 15 working days, upon Program commencement or by a date at the discretion of the assigned wellness consultant.
  2. The transit time and expected delivery date is a function of the transport mode available for your location. This can vary depending upon unforeseen circumstances, festivals, administration-enforced lock-down during pandemic situations, war-like situations etc. or other reasons beyond the direct control of HealthySpan Wellness.
  3. Products or accessories shipped as part of a Program are not returnable separately and can be returned only when the whole Program is cancelled as per Refund Policy depicted here. We offer full-replacement of Products that might be damaged in transit. Replacement requests are processed immediately after our customer support team satisfactorily validates the damage via communication over e-mail or phone. You can write to us at support@healthyspan.in.
  4. Care to be taken during receiving a shipment: Do not accept any shipment /consignment by the courier service if the package is opened or tampered with or appears visually damaged. Additionally, take a picture or shoot a video of the package if you find the packaging to be damaged. This can serve as supporting evidence to check with courier service deployed. Do not break/tear the seal of the Products if the packaging appears damaged.
  5. For return of Products damaged during shipping, please send a snapshot of the outer packaging, reference number and images of the Products received to our customer care at support@healthyspan.in. Please ensure that the Products are unused and not tampered with in any manner and that the seal, tags, boxes and other packaging are left intact. Return courier has to be arranged by you as we do not have the facility to arrange a return pick-up.

(SECTION-2) PRIVACY POLICY

HealthySpan Wellness (collectively referred to herein as “HealthySpan”, “HealthySpan Wellness”, “Company”, “we”, “our” or “us”), is a registered company with limited liability under the ministry of corporate affairs [CIN: U85100KA2019PTC130856]. It owns and operates www.healthyspan.in (‘Website’). This Privacy Policy document (“This Document”) affects two groups of users: the customers or the subscribers (“Registered User”) of our Wellness Programs or Healthy Weight Loss Programs or Ambassador Program (“Services” or “Programs”) and visitors to our Website (‘Casual User’ or ‘Visitor’). If you are either of these 2 groups of users (collectively referred to as “Users”, “you”, or “your”), we strongly recommend you go through this document thoroughly and familiarize yourself with it – both in letter and spirit. When we interact with you – we collect, store, share and use your personal data. This is something we need to do to provide you a better experience when you interact with us and to help you experience better quality service when you enroll into our Programs. However, we totally believe, we must inform you when we do it, how we do it and why we do it and provide you with a choice to disallow us to do the same. We also believe, we must transparently explain to you your rights with regards to your personal information. By using the Website, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, we humbly request you not use the Website.

BY USING THE WEBSITE AND SERVICES, YOU UNEQUIVOCALLY ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL TRACK, COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS.

Let’s begin with 2 important things at the outset that would help you, if you know.

PII – Personally Identifiable Information

PII, as used in privacy laws and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read this document carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our Privacy Policy.

Our Website and External Website Links Therein

This Privacy Statement covers the information practices of HealthySpan Wellness (www.healthyspan.in). The Website may contain links to other websites. The information practices or the content of such other websites is governed by the privacy statements of such other websites. We encourage you to review the privacy statements of other websites to understand their information practices.

1. YOUR PERSONAL INFORMATION WE GATHER AND HOW WE MAY USE IT

Just like we mentioned in an earlier paragraph, when we interact with you – we collect, store, share and use your personal data. This is something we need to do to provide you a better experience when you interact with us and to help you experience better quality service when you enroll into our Programs. Let’s get into details of what data we may collect or data we may have access to whether or not we use it; and also, why and how we use this data.


Type of User

What data we may collect or data we may have access to whether or not we use it

Registered User

  1. Your name, gender, age, contact phone number, email address, mailing address (‘snail mail’ address, postal or shipment address);
  2. Your weight, height, BMI, RM;
  3. Your genetics, ethnicity, health or sexual orientation: These are considered sensitive information. We use this special category of personal data, for example to provide specialized wellness training and physical fitness regimens that will be suitable for you. We require your explicit consent to collect and process these special categories of sensitive personal data. You may refuse or revoke your consent at any time. If you are an EU data subject, to know more, please refer section below titled as ‘Provisions of GDPR bestow certain rights to you as an EU data subject’.
  4. Your lifestyle choices, food preferences, medical conditions (if any), health and wellness goals or other fitness regimens followed;
  5. Credit card/debit card/other payment mode information to facilitate payments for our Services;
  6. Username or other relevant unique identifier (such as a phone number or an email address);
  7. Your behavior on the Website, (what pages you land on, how much time you spend, what links you click on etc.);
  8. Your IP Address – An IP address is a unique address (virtual address as opposed to physical location) that identifies a device on the internet or a local network. IP stands for “Internet Protocol,” which is the set of rules governing the format of data sent via the internet or local network;
  9. Your behavior in the relevant sections and your use of the features therein;
  10. Cookies and web beacon data – Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. Specific cookies known as HTTP cookies are used to identify specific users and improve your web browsing experience. Data stored in a cookie is created by the server upon your connection. This data is labeled with an ID unique to you and your computer. When the cookie is exchanged between your computer and the network server, the server reads the ID and knows what information to specifically serve to you. Whereas, a web beacon is any of several techniques used to track who is visiting a web page. They can also be used to see if an email was read or forwarded or if a web page was copied to another website. These however, do not contain any executable software, malicious code or viruses that can harm your device or personal computer;
  11. What device you use to access the Website and its details (model, operating system, software etc.); and
  12. Your location unless you appropriately deactivate location services

Casual User or Visitor

  1. Your location –  location or place are used to denote a region or a physical place (as opposed to virtual) where you are accessing the Website from;
  2. Your IP Address – An IP address is a unique address (virtual address as opposed to physical location) that identifies a device on the internet or a local network. IP stands for “Internet Protocol,” which is the set of rules governing the format of data sent via the internet or local network;
  3. Cookies and web beacon data – Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. Specific cookies known as HTTP cookies are used to identify specific users and improve your web browsing experience. Data stored in a cookie is created by the server upon your connection. This data is labeled with an ID unique to you and your computer. When the cookie is exchanged between your computer and the network server, the server reads the ID and knows what information to specifically serve to you. Whereas, a web beacon is any of several techniques used to track who is visiting a web page. They can also be used to see if an email was read or forwarded or if a web page was copied to another website. These however, do not contain any executable software, malicious code or viruses that can harm your device or personal computer;
  4. What device you use to access the Website and its details (model, operating system, software installed, browser used, etc.);
  5. How you behave on the Website, (what pages you land on, how much time you spend, links you click etc.) – website browsing behavior patterns.
 

Type of User

How and why we use this collected data

Registered User

  1. We collect this data in order to help you register for and better use our Programs.
  2. This data helps us track fitness regimens you follow, your diet and overall nutrition intake and your special food habits and related idiosyncrasies.
  3. We use this data to show age appropriate content and to run promotional campaigns or advertisement campaigns.
  4. We use this data to identify the login information of multiple users from the device or computer you use, to access our Website.
  5. We use this data to prepare a specific diet plan and wellness coaching regimen – this helps us customize the Program you enroll into, to better suit your individual needs.
  6. The data you share is used to facilitate payments using the services of 3rd party service providers that act as payment gateways. HealthySpan Wellness is in the process of developing its own payment gateway, when that happens, this data you share may also be used to process payments by us directly. When we take help of a 3rd party payment gateway, you can note that they are not authorized to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf.
  7. We use this data for to catering to your requests, responding to your enquiries, handling your complaints, and other miscellaneous activities which are related.
  8. We use this data to communicate with you about new or upgraded promotional campaigns run by HealthySpan; also, we use this data when we conduct surveys and share changes to privacy policy, terms & conditions that affect you and other related information.
  9. We also use this data to communicate with you when we feel the need to share important upgrades to our Services and upgrades to technology etc.
  10. This data is also used by us for performing data analytics to derive conclusions to improve our Services. We also use this data for testing, providing, recommending or improving our Services.
  11. We also use this data to extend our support to law enforcement agencies when required by law. Sometimes, this data may be used in connection with an investigation that affects public safety or to support anti-fraud investigations or to investigate credit risk to investigate violation of our Acceptable Terms and Conditions or to respond to a legal process, such as a search warrant, court order, or subpoena.
  12. Sometimes, this data may be used in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm.
  13. Sometimes, this data may be used in connection with legal proceedings brought against HealthySpan Wellness, its officers, consultants, employees, affiliates, subsidiaries, customers, sub-contractors or vendors;
  14. Sometimes, this data may be used to establish, exercise, protect, defend and enforce our legal rights; or when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.
  15. If you share your emails address and other details with us and consent to it while sharing these details through a form, we may use the information shared to send you newsletters. This information may also be used for re-targeting campaigns run by HealthySpan or by other 3rd party firms we may take help of like Taboola, Facebook and Google – with multitude of objectives such as marketing other services we may provide or re-marketing our Services for brand recall, brand visibility and lead generation/lead conversion.

Casual User or Visitor

  1. We use this information to develop better understanding of your behavior during your interactions with the Website thereby improve the quality of your experience while doing so.
  2. If you share your emails address and other details with us and consent to it while sharing these details through a form, we may use the information shared to send you newsletters. This information may also be used for re-targeting campaigns run by HealthySpan or by other 3rd party firms we may take help of like Taboola, Facebook and Google – with multitude of objectives such as re-marketing our Services for brand recall, brand visibility and lead generation/lead conversion.
  3. This data is also used by us for performing data analytics to derive conclusions to improve our Services. We also use this data for testing, providing, recommending or improving our Services.
  4. We also use this data to extend our support to law enforcement agencies when required by law. Sometimes, this data may be used in connection with an investigation that affects public safety or to support anti-fraud investigations or to investigate credit risk to investigate violation of our Acceptable Terms and Conditions or to respond to a legal process, such as a search warrant, court order, or subpoena.
  5. Sometimes, this data may be used in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm.
  6. Sometimes, this data may be used in connection with legal proceedings brought against HealthySpan Wellness, its officers, consultants, employees, affiliates, subsidiaries, customers, sub-contractors or vendors;
  7. Sometimes, this data may be used to establish, exercise, protect, defend and enforce our legal rights; or when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.

Most popular browsers have default setting that allows acceptance of cookies until browser settings are changed to disallow it. In case, you choose to edit the settings and our cookies are no longer accepted, our Website may stop properly functioning for you.

JUST TO ENSURE IT IS CLEAR BEYOND ANY DOUBT, WE WOULD LIKE TO STATE THAT WHEN WE PERFORM ANONYMIZATION, WHICH IS ‘THE ACT OF PERMANENTLY AND COMPLETELY REMOVING PERSONAL IDENTIFIERS FROM DATA COLLECTED FROM YOU’, SUCH AS CONVERTING PERSONALLY IDENTIFIABLE INFORMATION (PII) INTO AGGREGATED DATA. IN SUCH A SCENARIO, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW. WE WOULD LIKE TO ADD THAT ONCE THIS DATA IS STRIPPED OF PERSONALLY IDENTIFYING ELEMENTS, THOSE ELEMENTS CAN NEVER BE RE-ASSOCIATED WITH YOUR PERSONAL DATA AS THE UNDERLYING INDIVIDUAL.

2. Provisions of GDPR bestows certain rights to you as an EU data subject

European Union’s (EU for short) General Data Protection Regulation (GDPR) gives certain rights to you as an EU data subject, in relation to your personal data. Data subject refers to any individual person who can be identified, directly or indirectly, via an identifier such as a name, an ID number, location data, or via factors specific to the person’s physical, physiological, genetic, mental, economic, cultural or social identity.

Though the rights of data subjects under GDPR are not absolute, however, there are rights conferred on you that can be summarized using 8 bullet points. So, here is the list of rights afforded to you subject to the GDPR and applicable law’s limitations,



Right to Access Personal Data

Under GDPR, as EU data subject, you have the right to access the data pertaining to you, collected by us as a data controller. As the data controller, we shall respond to that request within a period of 30 days from the date of such a request from you.



Right to Erasure

As EU data subject, you have a right to request us to delete your personal data that we might have collected. We will oblige to such a request as soon as practically possible after receiving such a request.


Right to Rectification

As an EU data subject, you have the right to request modification of your data, including the correction or errors and the updating of incomplete information.


Right to Restrict Data Processing

As EU data subject, under certain circumstances, you have the right to request that all processing of your personal data be stopped and we will oblige.


Right to Data Portability

As EU data subject, you have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data to a 3rd party.


Right to be Notified

As EU data subject, you must be informed by us about the uses of your personal data in a clear manner and be told the actions that can be taken if they feel their rights are being impeded. And we are obliged to keep you informed of any rectification or erasure of your personal data.


Right to Reject Automated Individual Decision-Making

As EU data subject, you have the right to refuse the automated processing of your personal data to make decisions about you if that significantly affects you in any manner, for example, when your data is used for profiling and you object to it, we shall oblige and refrain from using your data in such manner.

Right to Object

As EU data subject, you have the right to request us to stop data processing by us as a data controller if you do not agree with the manner in which we are doing so. For example, if you do not want us to use your data for directly reaching out to you with an intention of selling another product or service, we shall oblige.


In case you want to exercise the rights set out above you can contact our Grievance SPOC whose details are shared in Section 16 that follows.

The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at support@healthyspan.in. Additionally, we may process your data to serve legitimate interests.

Accordingly, the grounds on which we can engage in processing are as follows:


NATURE OF DATA SHARED BY YOU AS A VISITOR OR AS A REGISTERED USER


Payment Data


GROUNDS ON WHICH WE CAN ENGAGE


  • Legitimate Interest; and
  • Performance of a Contract; and
  • Compliance with applicable laws.

Account Registration Data


  • Performance of a Contract; and
  • Legitimate Interest.

Special Categories of Personal Data


  • Consent; and
  • Performance of a Contract.

Visitor Data


  • Consent;
  • Performance of a Contract; and
  • Legitimate Interest.

Service Usage Data


  • Performance of a Contract; and
  • Legitimate Interest.

Personal Stories


  • Consent

Data for Marketing our Services

  • Consent; and
  • Legitimate Interest.

If you believe your personal data was used by us in violation of the rights depicted above or we have not responded to objections you raised, you may lodge a complaint with your local supervisory authority.


3. PUBLISHED CONTENT

Published content includes creating, editing, processing content and uploading in to the Website, updating the Website, and posting blogs on the Website. The published content may include text, images, videos, and other types of media. Any success stories, comments, messages, blogs, notes, reviews etc. uploaded or posted or conveyed or communicated by you on the public sections of the Website becomes published content – for example, the “Leave a Comment” sections below testimonials or articles or weblog posts. We may publish such published content on our Website, of course, subject to your consent. In case we ever a request from you that such published content be taken down at any time and we shall remove such published content as soon as practically possible on our part. However, we are not responsible for any actions taken by 3rd party individuals or firms with respect to such published content.

4. YOUR PERSONAL INFORMATION – POLICY TOWARD RETAINING IT

We will store any personal data we collect from you as long as it is required by us with an objective of facilitating better service delivery experience for you and for other related legitimate purposes and purposes essential for our business including but not limited to – our efforts to improve our Services, tackling technical issues that affect you and our business, and dealing with disputes in the event that they arise in due course of time.

The mode of storage of your personal data will primarily be in electronic form. We may enter into agreement with third parties, e.g., hosting providers, server collocation services, data security providers to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic, video-over-data, voice-over-data interactions with our customer representatives or consultants with commercial roles, the call data is recorded and stored securely for training and quality purposes.

Sometimes there may be a need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our obligations under the applicable laws, disputes resolution and enforcing our agreements & our contracts, as the case may be.

If you are a Registered User, you may need to know that after you terminate your usage of our Services, we may, unless legally prohibited, delete all data provided or collected by you from our data storage facilities such as our own servers, servers from 3rd parties and other in-house hard-drives in computers and workstations etc.

5. YOUR INFORMATION WE GET FROM OTHER SOURCES

We may receive data about you from other sources i.e., surveys and such data may be added to our Website from time to time. Such data may include your behavior toward content posted on our Website from other sources. We use the data collected from other sources to prepare a specific diet plan and training regimen for you. We also use this data for testing, providing, enhancing, or recommending our existing and new Services.

6. ONLINE PRIVACY PROTECTION ACT COMPLIANCE – RELATED TO CHILDREN

Neither do we knowingly collect nor store nor use any personal data of any individuals under the age of 13; nor do we deliberately target our Services or promotional campaigns towards individuals under the age of 13. Such individuals must seek the consent of their parents or legal guardians when they intend to provide personal information on our Website. In the absence of such exclusive consent from their parents or legal guardians, if it comes to our knowledge, we shall delete such content as soon as it is practically possible for us.

7. OUR PROMOTIONAL CAMPAIGN PARTNERS – TRACKING BY THEM

When we have your specific consent, we may share the data we collect from cookies or web beacons with our partners – 3rd party individuals or firms – to track your visits to our Website, establish your non-personal identity and present you with targeted advertisements and other promotional campaigns such as occasional offers and discounts on our Services – new or existing.


8. INFORMATION TRANSFER TO SUB-CONTRACTORS

In the ordinary course of business, we may take help from 3rd party firms or individuals to assist us in our Services delivery, e.g., for data analytics assistance, sales and marketing work, record keeping work, payments processing, and providing voice-over-data, video-over-data or telephonic, chat-based or email-based customer service, in compliance with the provisions of this Policy. And this may necessitate that we share your personal data with such 3rd parties.

In the event where some of the said 3rd party individuals or firms are not situated in countries deemed ‘adequate’ by the European Commission or are not registered under the EU-US Privacy Shield framework, we shall enter into appropriate data protection addendums with the said parties with the sole objective of thoroughly protecting your data. We shall also put in place acceptable technical and organizational measures such as, including industry-standard data handling policies, to ensure that we are compliant with provisions of the applicable laws in this respect.

9. LINKS TO THIRD PARTY WEBSITES OR APPLICATIONS ON OUR WEBSITE

Our Website may contain links to third-party websites or applications for running promotional campaigns, for advertisements or for providing you with content appropriate for you. We will not be responsible for such third-party websites or applications if you access them by your own choice. If you provide any data to such website or application, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.

Whenever you visit a 3rd party link through our Website, we may access data which includes the date and time of your visit to the 3rd party website, the URL, technical information about the IP address, browser and the operating system you use and your user name if you are logged into our Website.

10. SOCIAL MEDIA ADVERTISEMENTS

Advertisements by 3rd party websites such as Google when placed on our Website are based on their respective Advertising Principles. These advertisements are placed in order to provide a positive experience for you. HealthySpan Wellness may use Google AdSense Advertising on our Website.

Since Google is a third party vendor, it uses cookies to place advertisements on our Website. DART cookie used by Google enables it to place ads on our Website based on your visit to our Website and other searches on the internet. You may opt of DART cookies by visiting the Google ad and the content network privacy policy.

HealthySpan Wellness may implement Demographics and Interests reporting and Re-marketing with Google AdSense. We use first-party cookies (Google Analytics Cookies) and third-party cookies (Double-click Cookies) along with other third-party cookies to collect data regarding ad impressions, user experience and other ad-related services pertaining to our Website.

11. OPTING OUT OF GOOGLE ADVERTISEMENTS

Using the Google Ad Setting page, you can change your Google Ad preferences. Alternatively, you can download the Google Analytics Opt-Out browser to stop your data from being used by Google Analytics or can opt-out by visiting the Network Advertising Initiative ‘opt-out’ page.

12. SECURITY OF YOUR PERSONAL INFORMATION

We implement industry-standard technical and organizational measures by using a variety of security technologies and procedures to help protect your data from unauthorized access, use, loss, destruction or disclosure. When we collect particularly sensitive data, it is encrypted using industry-standard cryptographic techniques. The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

Your password is your first line of defense once you set up a HealthySpan account; we recommend that you set a strong password which you never share with anyone.

We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of personal data for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic situations, enforced lock-downs or acts of government.


13. ACCESS, CORRECTION & DELETION – IF YOU AREN’T AN EU DATA SUBJECT

If you are not an EU data subject, you may request access, correction or update, and deletion of the data by contacting support@healthyspan.in. You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to our Services. Please  be advised that sometimes there may be a need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our obligations under the applicable laws, disputes resolution and enforcing our agreements & our contracts, as the case may be.

Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you. We will perform verification before providing you access to this data.

You may opt out of our marketing emails by clicking on the ‘opt-out’ link provided in the emails. However, we may still send you non-marketing emails about your accounts or any other transactions with you.

14. WEBLOG CONTENT ON OUR WEBSITE AND YOUR PUBLICLY SHARED COMMENTS THEREON

HealthySpan Wellness’s main purpose for publishing weblog content is to create awareness on health and wellness related topics among the general population. It is also our mission to enlighten people about various lifestyle related health issues and help them understand the importance of eating nutritious food and living healthily. In such weblog content, there is an option provided to you to leave a rating and a related comment. Now, there is an option provided for other users or to you to share such weblog content on 3rd party social media platforms utilizing accounts on those social media websites. In such a scenario, your comments, your rating and your name, in case you mentioned your name in the comment, may get circulated on such 3rd party social media websites including but not limited to Facebook, YouTube, Instagram, VK, Twitter etc. and HealthySpan Wellness shall have no control over how such 3rd party social media websites treat your data that you might have publicly shared on our Website. You may please be advised when you choose to leave a comment on our weblog content or elsewhere on our Website and it gets shared or forwarded, you automatically choose to be bound by the privacy policy of those 3rd party social media websites.

15. CHANGES TO THIS PRIVACY POLICY

HealthySpan Wellness has the right to amend this Privacy Policy from time to time as it sees fit. The revision history will always be recorded on top of this page. If HealthySpan Wellness makes any changes to this policy, you will be bound by it and will also be swiftly notified either via SMS or email communication if and as soon as it is practically possible for us. You are advised to please visit this Privacy Policy page from time to time to stay updated with the content of this Policy.


16. GRIEVANCE SINGLE POINT OF CONTACT (SPOC)

Name

B. Veeraradhya


ADDRESS:


#327/102/127, Doddathogur, Electronic City, Bengaluru, The State of Karnataka, PIN Code 560100 INDIA


EMAIL:



grievance@healthyspan.in



(SECTION-2A) COOKIES POLICY – OUR POLICY RELATED TO USE OF COOKIES, WEB BEACONS, AND OTHER SIMILAR TECHNOLOGIES

LEGAL AGREEMENT

This cookies policy agreement (“Cookies Policy”) is an agreement between you (“you” or “Registered User” or “Visitor” or “your” or “yours” as the context requires) and HealthySpan Wellness (“HealthySpan” or “HealthySpan Wellness” or “we” or “us” or “our” as the context requires) governing your use of HealthySpan’s website www.healthyspan.in (“Website”) in relation to the use of cookies, web beacons and other similar technologies.

This Cookies Policy is focused on providing a policy that dictates the terms of use of cookies, web beacons and other similar technologies when you use our Website. Before you use our Website, you may decide to review this Cookies Policy to make sure you are comfortable with the terms mentioned herein. This Cookies Policy document is a subset of the “Terms and Conditions” page and our “Privacy Policy” page. Therefore, you may please be advised to read our “Terms and Conditions” and “Privacy Policy” (please check the available links for “Terms and Conditions” and “Privacy Policy” on the Footer of our Website on the home page) along with this Cookies Policy to comprehensively learn about all the applicable terms and conditions that define our relationship with you when it comes to you using our Website.

At the outset, let us explain to you what cookies, web beacons & similar technologies are and what they are not.

COOKIES: Cookies are text files with small pieces of data that are used to identify your computer as you use a computer network. Specific cookies known as HTTP cookies are used to identify specific users and improve your web browsing experience. Data stored in a cookie is created by the server upon your connection. This data is labeled with an ID unique to you and your computer. When the cookie is exchanged between your computer and the network server, the server reads the ID and knows what information to specifically serve to you.

Let us look further at various types of cookies.


SESSION COOKIES: A session cookie contains information that is stored in a temporary memory location and then subsequently deleted after the session is completed or the web browser is closed. This cookie stores information that you have inputted and tracks your movements within the Website. These expire at the end of your browser session and allow us to link your actions during that particular browser session when you visit our Website.

PERSISTENT COOKIES: Persistent Cookies are stored on your device to help remember information, settings, preferences, or sign-on credentials that you have previously saved. This helps create a convenient and faster website experience. These cookies have an expiration date issued to it by the webserver.

FIRST-PARTY COOKIES: First-party cookies are directly stored by our Website when you visit it. These cookies allow us to collect analytics data, remember language settings, and perform other useful functions that provide you a rich experience when you visit our Website.

THIRD-PARTY COOKIES: Third-party cookies are those created by domains other than our Website you are visiting at the time; these are mainly used for tracking and online-advertising purposes. They also allow us to provide certain services, such as live chats. If you visit our Website and another entity sets a cookie through our Website this would be a third-party cookie.

WEB BEACONS: A web beacon is any of several techniques used to track who is visiting a web page. They can also be used to see if an email was read or forwarded or if a web page was copied to another website.

WHAT THEY ARE NOT: They (cookies, web beacons and other similar technologies) however, do not contain any executable software, malicious code or viruses that can harm your device or personal computer.

Let us begin explaining a bit more by stating that we do not sell your personal information. However, when you visit or interact with our Website, learn about our wellness programs or healthy weight loss programs or corporate wellness program or ambassador program (“Programs” or “Services”), we or our authorized service providers may use cookies, web beacons, and other similar technologies to make your experience better, faster and safer, for advertising purposes and to allow us to continuously improve our Website and service delivery. Any personal information or data collected by these technologies is used only by us or by our authorized service providers on our behalf, and you always have full control over whether these technologies work on your devices by visiting your browser settings (the default setting of most browsers is usually to ‘accept cookies’ or setting is ‘on’) and you can disable them through your browser if you wish to do so – that is, you can toggle them ‘on’ or ‘off’. They are useful because they allow us to recognize your device when you return.


Cookies are used for a variety of purposes on our Website. As an example, we use cookies to communicate data to our servers when you visit; allowing you to stay logged in to your account (if you are a registered user) during your visit. Preventing your browser from accepting 1st party cookies will prevent the placement of some cookies that are classified as “Essential”.

SCRIPTS: Scripts are small computer programs embedded within our Website that give our Website extra functionality such as power customer service tools like live chat, allow for the delivery of video tutorials in certain sections, and allow us to provide interactive experiences to you. They are also used to collect data that we use for website analytics, or to provide data on the effectiveness of our advertising.

SIMILAR TECHNOLOGIES: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies (Flash cookies are commonly used in website advertisements and videos), HTML 5 cookies (An HTML 5 cookie is a cookie-like storage option available in HTML 5; it consists of browser-based local storage and session storage, which is created and accessible by our Website itself; an HTML5 cookie is also known as HTML5 Web storage and is an alternative to the commonly used browser cookie), and other web application software methods. These technologies can operate across all of your browsers. In some instances, these technologies may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our Website.

WHAT TECHNOLOGIES WE USE AND WHY: Our cookies, web beacons and similar technologies serve various purposes, but generally

  1. They are necessary or essential to the functioning of our Website,
  2. They help us improve the performance of or provide you extra functionality of the same,
  3. They help us to serve relevant and targeted advertisements, or
  4. They allow us to offer support tools that you utilize to interact with our care guides:

ESSENTIAL OR STRICTLY NECESSARY: “Essential” or “Strictly necessary” cookies, web beacons and similar technologies let you move around our Website and use essential features like secure areas and shopping baskets. Without these technologies, services you have asked for cannot be provided. Please be advised that these technologies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet. Accepting these technologies is a condition of using our Website and Services, so if you utilize 3rd party tools that might prevent these from loading, we can’t guarantee your use or how the security therein will perform during your visit.


PERFORMANCE TECHNOLOGIES: Performance technologies may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information about how you use our Website (if you experience any errors and load times etc.). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand your interests, and measure how effective our content is by providing anonymous statistics and data regarding how our Website is used.

EFFECTIVENESS OF ADVERTISING AND PERSONALIZED CONTENT: Advertising technology may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information on the effectiveness of our marketing efforts, deliver personalized content, or to generate data that allows for the delivery of advertising relevant to your specific interests on our Website, as well as third-party websites. We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, web beacons and similar technologies on your device via our services (first and third party cookies). They may also collect information that helps them identify your device, such as IP address, or other unique or device identifiers.

LIVE CHAT SUPPORT AND COOKIES: Support technologies may include first or third-party cookies, web beacons / pixels, and scripts placed in order to provide tools for you to interact with our teams that provide support or online consultations. This technology allows us to provide chat services, gather client feedback, and other tools that are necessary to support you. Data collected for these purposes is never used for marketing or advertising purposes.

Internet browsers like Chrome, Safari, Firefox and Internet Explorer allow you to change your cookie settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.

COOKIES SETTINGS IN DIFFERENT BROWSERS:
  • Cookie settings in Chrome (https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en)
  • Cookie settings in Firefox (https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences)
  • Cookie settings in Safari (https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac)
  • Cookie settings in Internet Explorer (https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies)

If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

YOU CAN LEARN MORE ABOUT COOKIES AT: https://www.allaboutcookies.org. Also, a useful guide to behavioral advertising and online privacy is available at: https://www.youronlinechoices.com

YOU CAN SEND US AN EMAIL IF NEEDED:

We hope the information in this policy provides you with unambiguous information about cookies, web beacons and similar technologies we may use and the purposes for which we use them; should you require any further clarifications, please review our Privacy Policy and Terms and Conditions (please check the available links for “Terms and Conditions” and “Privacy Policy” on the Footer of our Website on the home page) or contact us at support@healthyspan.in.


Sign up for our newsletter and special offers



    By subscribing you agree to receive our newsletter and related offers


    Accreditation | Recognition

    Dun & Bradstreet, headquartered in Jacksonville, Florida, offers information on commercial credit as well as reports on businesses. Most notably, it is recognizable for its Data Universal Numbering System (DUNS numbers); these generate business information reports for companies around the globe. Click here to view listing.


    Bisnode is a company that offers decision support in the form of digital business, marketing and credit information. Founded in 1989, Bisnode is now a Dun & Bradstreet company. Bisnode is present in 19 European countries and has its headquarters in Stockholm, Sweden. Click here to view listing.


    Disclaimer: Content of this website is for information purposes only. Some of the images/videos could be solely for representation purposes. Please note the date of last review or update on all articles and other content. No content on this site or on any of HealthySpan’s social media handles, regardless of date, including but not limited to, live fitness sessions etc., should ever be used as a substitute for direct medical advice from your doctor, other qualified clinician or a certified fitness trainer. HealthySpan Wellness does not claim to treat any disease nor does it claim that any organic nutrition or any other aspects narrated can do so. Appropriate lifestyle habit modifications are not a substitute for medical treatment. However, HealthySpan Wellness believes lifestyle disorders viz. obesity or other obesity-related disorders can be effectively managed by positive changes to lifestyle habits, viz., diet, nutrition, exercise, sleep, developing a positive mental attitude. No one can guarantee different individuals will have same results. Individual experiences with the wellness programs may vary. Please read ‘Terms and conditions of use’ and ‘Privacy policy’ for further information.

    HS_Logo_White

    Lifestyle disorders are in epidemic proportions now. It is time, we recognize this monster we are up against as a society and take some manifest and decisive actions. This monster affects us all - prematurely in many cases, shortening healthy life span & productivity. Many of us are, living long –long life attributable to significant strides made in modern medicine. However, for many, the years in the long life are devoid of optimal health. At HealthySpan Wellness, we are resolute in our determination to confront this menace through our holistic wellness programs such as healthy weight loss program, that provide assistance in fighting such lifestyle disorders.

    Recent Articles

    Copyright © 2020 - 2021 HealthySpan Wellness Private Limited. All Rights Reserved. The HealthySpan word mark is a registered trademark of HealthySpan Wellness Private Limited in India and other countries. The HealthySpan with Device of “HS” is a registered trademark of HealthySpan Wellness Private Limited in India. Use of this Site is subject to express terms and conditions of use. By using this site, you proclaim that you agree to be bound by these Universal Terms and Conditions of Use.