Terms and Condition

Before accessing and using the services provided on the web application, under the web domain https://wellzap.io or/and any of its subdomains, and/or Wellzap’s mobile application, we ask you to carefully read these Terms and Conditions of Use (hereinafter, “Terms of Use”; “Terms”; “Conditions”; “Terms and Conditions”) which stipulate the terms under which you may use the Wellzap software, also defining the participation rules for the Professionals and Clients, enrolled in said service.

Who are we?

Wellzap – Agmen IT Services Pvt Ltd (hereinafter, “Wellzap” ), dedicates itself to the development of software in the cloud, with connection to mobile applications, for Wellness Studios and Professionals. That software, Wellzap, enables the simplification of complex tasks, such as management and analysis of workout and nutritional information of their clients, planning, analysis and creation of exercise and food plans and direct and permanent follow-up of the client's, and much more. In addition to these functionalities, the most distinctive feature of the service relates to the fact that it eases and improves the wellness monitoring and follow-up of the client by the wellness Professional. Thus, through Wellzap’s mobile application, the Client, at the end of each appointment, will have available on their mobile device their workout plan and food plan as prescribed by the Professional, which can be readjusted both in real time and in the next appointment.

In this way, Wellzap promotes, facilitates and simplifies the relationship between the Client and their Wellness Professional, enabling:

Conditions of acceptance

The registration in Wellzap’s web and/or mobile applications and the service provided by Wellzap is dependent on the total acceptance of these conditions, whereby, any Professional and/or Client who does not agree or does not commit to behave according to these terms shall not be allowed to use said service.

Thus, for each person who is effectively a Professional or a Client of the Wellzap service is assumed, at the time of registration or at a later time, that they have read and fully understood the Terms and Conditions and the Privacy Policy which is inseparable from these terms, having expressly accepted both.

Wellzap reserves the right to change, at any time and without any prior notice, the Terms and Conditions (partially or totally) being that each new version of the Terms and Conditions shall enter into force after being published on the Wellzap website. By accepting these Terms and Conditions users commit to visit and study these Terms on a regular basis. Lastly, Wellzap reserves  the right to interrupt or even terminate services at any time if it deems necessary.

These stipulations are legally binding

The provisions on these Terms and Conditions of Use are legally binding, and they contractually bind the Professional to Wellzap. As such, from the moment you agree to these Terms and Conditions you are legally bound by them and accept to subject yourself to the most recent versions of the Terms and Conditions of Use and the Privacy Policy.

You may withdraw your consent to these terms at any given moment being certain that, in doing so, you will terminate this contract and you will not be entitled to any indemnity or refunds of the amounts already paid, nor will you be allowed further access to Wellzap. After withdrawing your consent all your personal data shall be deleted.

These provisions shall remain in force between the parties for the entire duration of the contract. That duration shall be determined in accordance with the chosen subscription.

Definition of Terms

“Software” shall be understood as the web and mobile applications developed by Wellzap, the distribution and use of which is subject to these Terms of Use.

“Distribution” shall be understood as the means by which the Software is made available by Wellzap to Users.

“Professional” shall be understood as anyone who has, by any means, access to the web and mobile version of the software.

“Patient” shall be understood as anyone who has, by any means, access to the web and mobile version of the software or the equivalent restricted web version.

“Secretary” shall be understood as anyone who has, by any means, access to the web version of the software, restricted, made available by the Professional to that third party for the purposes of managing and scheduling their consultations and Clients.

“User” shall be understood as anyone who has, by any means, access to the web and/or mobile version of the software.

“Intellectual Property Rights” shall be understood as all rights to scientific works, inventions in all fields of human activity, scientific discoveries, designs, industrial models, industrial trademarks, commercial and service brands, as well as protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific fields.

Application of the Software Terms and Conditions of Use

The Software Terms and Conditions of Use apply to all forms of use of the applications, both in code form and in binary form, as in any other way.

Data treatment and privacy

By accepting these Terms and Conditions of Use, the Users expressly consent to the processing of their personal data as defined in the Privacy Policy.

Registration

Wellzap is not responsible for any event resulting from the lack of capacity of the User. Wellzap undertakes the task of ensuring that the services provided are to be offered and used without failures but reserves itself the right to temporarily suspend its operations for technical reasons or causes beyond its control.

Mandatory information when signing up for our services:

At the time of registration and during the use of the software and services, the User shall provide accurate, precise and truthful information. The Professionals and Clients also guarantee and respond, in any case, for the truthfulness, accuracy and authenticity of the personal data provided, not being Wellzap in any way responsible for the veracity or correction thereof.

The records are personal and non-transferable, being the holder thereof solely responsible for the actions taken with their registration.

To each Professional or Client may only match a single record, therefore Wellzap may cancel any subsequent registration made by the same individual.

A — General terms of use — PROFESSIONAL

B – General terms of use – CLIENT

Amendments to the Terms and Conditions of Use and the Privacy Policy

Wellzap may at any time carry out an update of the Terms and Conditions of Use and the Privacy Policy in order to respond to legal requirements or mobile application operating changes.

Intellectual Property

The applications produced by Wellzap are intellectual works protected by the Law of Intellectual Property and are protected by the applicable law. Each of the elements that compose them (such as design, text, video, music, graphics, images, information, applications, sounds, colours, logos, web page layout, applications and tools, among others) are exclusive property of Wellzap, the only authorized to use the intellectual property rights of personality therein assessed.

Any reproduction and/or full or partial representation, use, adaptation or modification of the applications or any of the elements that compose them, under any format, or in any form, for other purposes, including commercial, is expressly prohibited.

Confidentiality

The Professional is obliged to keep in absolute and complete confidentiality, any personal or business data, even if it is not mentioned that it is confidential, of all information made available to which will have access by virtue of the distribution of web application software.

By protected or confidential information it is understood all the information, regardless of the medium used, consisting of technical and non-technical, financial, commercial or technological, namely: intellectual and industrial property, "know-how", conclusions, business models, working models, trade secrets, studies, formulas, methods, "drafts", drawings, photographs, prototype samples, models, financial data, technical and related information, directly or indirectly, with the distribution of pre-release beta software framework, or any other commercial elements, legal and/or tax, or any other information relating to the software, which is distributed in any form.

Disclaimer of warranties

The User, expressly accepts that:

Limitation of liability

The User expressly understands and agrees that Wellzap shall not be liable towards the User for any direct, indirect, incidental or special, arising from the use of the software. Also, Wellzap shall not be liable for the omission of any of the legally imposed obligations on the Professional, namely those resulting from the General Data Protection Regulation or applicable Codes of Ethics.

System failures

It is not allowed the use of any device, software, or other feature that might interfere in the activities and operations of Wellzap and its software, Wellzap. Any interference, attempt or activity that violates or contravenes the laws of intellectual property rights and/or the prohibitions set in these Software Terms of Use, will make the responsible liable to the corresponding legal actions, and also responsible for compensations for possible damages.

Wellzap is not responsible for any harm, loss or damage to the equipment of the User caused by flaws in the system , server or the Internet. Users may not assign Wellzap any responsibility or demand any payment for any loss of earnings due to losses resulting from technical difficulties or failures in the system or the Internet. Wellzap does not guarantee access and continuous use, or without interruption of the application. Eventually, the system may not be available for technical reasons or Internet failures, or any other circumstances unrelated to Wellzap.

Use of cookies

Wellzap resorts, through the web application and Zoconut software, under the web domain https://Wellzap.io or/and any of its subdomains, to the use of cookies in order to improve and understand how the platform is used. They also allow to recognize when someone uses the platform as well as to offer the user a positive browsing experience. By using the platform, both Professional and Client, accept that Wellzap, may use cookies for these purposes or others, as described in the Privacy Policy. Cookies consist of small text files that are placed inside the computer, tablet or phone of the Professional and the Patient with their permission.

Our cookies have different functions:

Cookies can be:

Notifications

Professionals and Clients agree to receive communications from Wellzap, including notifications related to the Wellzap service and software, as well as communications regarding any changes to these Terms of Use and/or the Privacy Policy, among other communications, to the mailbox associated with your registration or by any other form of communication that we may deem relevant.

Safety and information quality

It is our goal to assure the quality and integrity of the information provided by Wellzap professionals and clients. With this in mind, we have implemented the necessary measures, both technologically and organizationally, in order to keep information safe, accurate, updated and complete. For more information, please see our Privacy Policy.

Hyperlinks

The mobile and web applications may contain links to other applications or sites on which Wellzap has no control. The inclusion of links to other applications or sites is of pure informational content, being Wellzap entirely alien to their content, services and/or products offered and cannot be held liable, in this regard, of any responsibility.

Partial invalidity

If any provision of the Terms of Use is held invalid or unenforceable, for any reason or to any extent, such invalidity or unenforceability will not affect, in any way, or render invalid or unenforceable the remaining provisions of the Terms of Use and the application of that provision shall be enforced in the extent permitted by law.

Processors

By accepting these Terms and Conditions of Use, the Professional expressly agrees and understands that the processing of personal data might be carried out on behalf of Wellzap by other processors for the purposes and functions described in these Terms of Use and the Privacy Policy, furthermore, reserving itself the right to increase the number of processors in order to perform these or other functions or to substitute any existing processors. The Professional gives, furthermore, general authorization to Wellzap to engage other processors.

Contractual relationship between Wellzap and the Professional

For the purposes of the General Data Protection Regulation, Wellzap shall be considered as being the “processor” and the Professional the “controller”. Thus, in the scope of this contractual relationship, in addition to the Terms set forth above, it is determined that Wellzap:

Contacts

If at the end of this reading you still have doubts or to exercise your rights, please contact us to:

Wellzap
Privacy department
Info@wellzap.io
or
1726, 23rd A Cross, 3rd Main, C Block,
Sahakarnagar, Bangalore 560092
+91 9606096666