Terms & Conditions
TERMS OF SERVICE
We, EBACO INDIA PRIVATE LIMITED, a Company incorporated under the Companies Act, 1956 having its office at 57, 4th Floor Defence Colony, 100 Ft Road, Bangalore, and CIN: U51504KA1994PTC016225, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) are the operators of the domain www.tealwell.com and the corresponding application “Teal” available for Android, iOS and Android TV (“App”) (collectively, “Platform”). The Platform is owned by Teal Impact PTE LTD, an entity incorporated in Singapore, and the Company has been granted the exclusive right to operate the Platform and provide the Services (defined below) in the geographic territory of India (“Territory”).
The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your valuable information. This document contains information about the App.
“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
“You”, “Your”, “Yourself”, “User”, and “User”, shall mean and refer to natural and legal individuals who use the App and who are competent to enter into binding contracts, as per Indian laws.
“Services” shall refer to providing a platform which provides Users with comprehensive information and personalised plans relating to health, fitness, and wellness, including without limitation a lifestyle planner, nutritional information, access to a dietician, fitness exercises, access to a personal trainer, mediatation and wellness exercises, access to articles, and access to a social media community dedicated to fitness and wellness. The detailed definition for the same is provided in Clause 3 of these Terms.
“Third Parties” refer to any application, company or individual apart from the User, and the Comapny. It shall include such payment gateways as partnered by the Company.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policies binding on the User and that the User’s act of visiting any part of the App constitutes the User’s full and final acceptance of these Terms and the aforementioned Policies.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements. If the User continues to use the App following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App and the Services. If the User does not adhere to the changes, the User must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed Terms.
Registration may not be mandatory for all Users in order to acquire information about the App or its features, however, to avail the Services, the User shall be required to register on the App.
The Users may also be provided with an option to link their Facebook/Google accounts with the Platform at the time of their registration in order to smoothen the process of registration.
Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the App as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
Further, at any time during your use of this App, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your User name and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any herein below use of your account.
The App is intended to function as a comprehensive health and wellness app, offering personalised fitness, nutrition, and mindfulness plans to each its Users, including without limitation:
Lifestyle planner: The App uses psychology science to help users achieve their targets by taking simple and easy steps. Users are recommended to start small and easy and slowly keep growing into more difficult tasks and get closer to their goals.
Nutrition: The App has thousands of recipes and product information and each of which shall marked as recommended or not recommended for each User, based on their health conditions, lifestyle, goals among others. Users can also connect with a personal dietician who will provide Users with a further personalised plan in accordance with the the Users’ specifications and underlying health conditons, including allergies and persoanly taste preferences.
Fitness: The App has over 1000 exercises, including Yoga, HIIT, bodyweight exercises and strength exercises. The App also has dedicated exercises for kids and older adults. Users can choose between going for a curated personal plan or selecting exercises on their own. Users can also join live public, group or one-on-one sessions with their favourite trainers.
Mindfulness: The App features hundreds of meditation sessions for Users to choose from, including hundreds of breathing exercises, and the option to join live sessions.
Articles: The App published new and interesting articles every day.
Social: The App is also home to one of the biggest social communities for health, where Users can converse with fellow Users, ask questions, post photos, stories etc.
Family mode: Users can choose to take a family plan and get a single dedicated plan for the whole family. The plan would make diet, workout and wellness recommendations for the whole family instead of different plans for each individual User.
(collectively, the “Services”)
The App shall not responsible in any manner for any death, injury or any other medico legal issues that may arise as a consequence of availing the Services, the onus for the same shall lie with the User. The User is aware and agrees that it hall be required to consult with a physician and conduct its own independent research before following any advice or plans obtained through the app, even if the same have been provided by the Company or Company certified professionals.
The Users further represent that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Users may not use the App if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, videos, blog posts, stories, articles, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by App.
The Users shall be solely responsible for the Content uploaded by them on the App. In case of any dispute pertaining to the authenticity, accuracy or originality of such content, the User responsible for posting the Content alone shall be responsible for the same. They shall be further responsible for indemnifying the Company and the App under such circumstances.
All the Content displayed on the App is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company or the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments postd by them, and the App bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content / Services on the App. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading/offensive/vulgar, or that infringes on the intellectual property rights of any third party. Notwithstanding the foregoing, the Company may, at its sole discretion, choose to delete any such Content without being required to notify the User, or obtain its consent. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of an such Content or part thereof, and hereby agrees to indemnify the Company with respect to the same.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the App. Users shall not copy, adapt, and modify any Content without written permission of the Company.
CUSTOMISATION OF PACKAGE
While the App offers and advertises certain fixed packages / bundles of Services, the User may be permitted to customise subscription packages that they seek to avail through the App in accordance with their specific needs or requirements. The Users are aware and agree that such customisation options are provided at the sole discretion of the Company, may be chargeable with additional amounts, and may be camceled at any time.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect for as long as the User continues to access and use the App.
The Users may terminate their use of the App at any time.
The Company may terminate or suspend a User’s account at any time without notice and/or block a User’s access to the App at any time and for any reason, at its sole discretion.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Apps without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the App, or any portion thereof, at any time, without notice or cause.
The App also reserves the universal right to deny access to particular Users, to any/all of are on its App without any prior notice/explanation in order to protect the interests of the App and/or other visitors to the App.
The App reserves the right to limit, deny or create different access to the App and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this App and providing his/her identity and contact information to the Company through the App, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
Users can submit a report to the Company if they find any discrepancy with regard to App or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
Registration on the App is free of cost at present. However, in case of availing the Services, the Users shall pay the appropriate fee for the package directly to the Company in advance, in any of the prescribed modes of Payment Methods
Online Payment Gateways: [Razorpay]
The User(s) acknowledges that an additional processing charge of 1% to 3% based on the type of card used, may be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the App and the App shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any User
The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
For physical appointments booked with trainers, dieticians, yoga instructors, or any other professionals booked through the App, the Users are advised to make payment for the same through the App.
For any payments made through the App, the Company or the App shall not be responsible for:
Lack of authorization for any transaction.
Exceeding of any pre-set limit mutually agreed by the User and their bank
Any payment issues arising as a result of the transactions.
The transaction being declined for any other reason
In the event of money getting deducted from the User’s account, despite a failure of transaction, the payment deducted will be returned to the User’s account within 7 working days.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Users agrees and acknowledges that they are restricted Users of this App and that they:
Agree to provide genuine credentials during the process of registration on the App. You shall not use a fictitious identity to register. The Company is not liable if the User has provided incorrect information.
Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime through accessing their profile on the App.
Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the App. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the App.
Authorize the App to use, store or otherwise process certain personal information and all published Content, User responses, User locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the App. Any such use/limited use of the App will only be allowed with the prior express written permission of the Company.
Agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface provided by the App. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of the User’s access to the App. The User acknowledges and agrees that by accessing or using the App or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the App.
Expressly agree and acknowledge that the Content generated by Users and displayed on the App is provided by the Users and is not screened for authenticity, accuracy, or plagiarism, and that the Company is in no way responsible for the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the App, at its sole discretion.
Agrees and understands that the App only provides aggregator services and shall not responsible in any manner for any death, injury or any other medico legal issues that may arise as a consequence of availing the Services, the onus for the same shall lie with the User alone.
Expressly consents to follow any additional terms, conditions, and policies of the service professionals affiliated with the Company from whom the Users are utilizing services, if any.
The Users further undertakes not to:
Engage in any activity that interferes with or disrupts access to the App or the Services provided therein (or the servers and networks which are connected to the App);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the App, or any other viewer of the App, including any User account maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked Apps;
Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third party (s);
Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the App;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Policies, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Commit any act that causes the Company to lose (in whole or in part) the Services of its internet service provider or in any manner disrupts the Services of any other supplier/service provider of the Company/App;
The User hereby expressly authorizes the Company/App to disclose any and all information relating to the User in the possession of the Company/App to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating User’s acceptance to purchase / avail of any Service offered on the site, the User is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
The User agrees to use the Services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees to provide authentic and true information. The Company reserves the right to and validate the information and other details provided by the User at any point of time. If upon verification such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
The User agrees not to post any material on the App that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
belongs to another person and to which the User has no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
is in any way harmful to minors;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the App, and/or refuse to usage of the App to the User, without being required to provide the User with notice or cause:
If the User is in breach any of these Terms or the Policies;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
User’s use of the App,
User’s violation of these Terms and/or Policies;
User’s violation of any rights of another person/entity;
User’s alleged improper conduct pursuant to these Services;
User’s conduct in connection with the App;
User agrees to fully cooperate in indemnifying the Company and the App at the User’s expense. The User also agrees not to reach a settlement with any party without the consent of the Company.
In no event shall the Company/App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the App and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
The Company/App shall not be responsible for any consequences arising out of the following events:
If the App / Services are inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If the User has fed incorrect information or data or for any deletion of data;
If there is an undue delay or inability to communicate through email;
If there is any deficiency or defect in the Services;
If there is a failure in the functioning of any other service provided by the App.
The App accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the App or any service availed of by the User through the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The App will not be liable to you for the unavailability or failure of the App.
Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the App and which is incurred by you in connection with the App, including death, injury, damage, loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Company/App shall not be liable to Users or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with the Company/App is to terminate your use of the App.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Comapany / Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Company and other distinctive brand features of the Platform are the property of the Company or their respective copyright or trademark owners. Furthermore, with respect to the App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the App.
The User may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Users of the App, or that in any manner disparages or discredits the Company/App, to be determined in the sole discretion of the Company.
DISCLAIMER OF WARRANTIES AND LIABILITIES
The User agrees and undertakes that they are accessing the App at its sole risk and are that it is using its best and prudent judgment before availing any Service listed on the App or accessing/using any information displayed thereon.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these.
The Company/App does not guarantee that the Services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the App.
It is further agreed to by the Parties that the contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts at Bengaluru, India.
Neither the Company nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities, pandemics, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Bengaluru, Karnataka, India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to [email@example.com].
Entire Agreement: These Terms, read with the Policies, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about these Terms, the practices of the App, or your experience with the Service provided by the App, you can contact us at [firstname.lastname@example.org].