StartWell Terms of UseLast Updated: 4th April 2023Disclaimer: In the event of any discrepancy or conflict, real or perceived, the Englishversion will prevail over any translation.The website (www.startwell.in) ("Startwell website" or “the website”) and mobileapplication (“Startwell app” or “the app”, downloaded from authorized app stores)-collectively, “Platform”, is owned operated by Startwell Health And Wellbeing PrivateLimited (“Startwell" or “us" or “we" or “our"), having its registered office located at FL1104/1105/1106, PL 11-12, Sector-6, Symphony, Kharghar Mumbai, Raigarh, Maharashtra410210, India. Our corporate address is (FL 1104/1105/1106, PL 11-12, Sector-6,Symphony, Kharghar Mumbai, Raigarh, Maharashtra 410210, India), where you may reachus.Accessing, browsing or otherwise using the Platform will be construed as Your unequivocaland irrevocable acceptance and acknowledgement to the terms and conditions containedunder these Terms of Use and binding policies hereof. By using the Platform, You declare tohave carefully read, understood and agree to be bound by these Terms of Use. Every timeyou use the Startwell Service, shall constitute your acceptance of changes made to theseTerms of Use.In addition, when you use any current or future Startwell service ("Startwell Service" or“Service”), you will also be subject to the terms, guidelines and conditions applicable to thatStartwell Service. ("Service Terms"). If these Terms of Use are inconsistent with suchService Terms, the Service Terms will prevail.These "Terms of Use" constitute an electronic record within the meaning of the applicablelaw. This electronic record is generated by a computer system and does not require anyphysical or digital signatures.As described in our Privacy Notice, we share information with third-party serviceproviders. For example, we use third-party service providers to fulfill orders for products orservices, and to deliver packages. For any further details on our security practices, pleaseread our Privacy Notice here.1. What do we do?a. Startwell is a Platform where you can choose from provided Indian orContinental meal options (i.e. products) for your child to consume duringtheir recess in their school. You can place their order and make paymentsonline, as also monitor your child’s consumption patterns on the Platform.We provide our Services for children from kindergarten up to 12th grade.b. Startwell delivers selected food options to your specific child’s school. TheService is available only for schools which are listed on the website, and Youmay choose to invite any school to enter into correspondence with Startwellfor discussing its onboarding onto the Platform.c. Meals are prepared in our kitchen and delivered to the school 30 minutesbefore recess, to the best of our ability. They are then distributed to thestudents in their classrooms by our staff or school staff, depending on theschool’s preference. Lunch Boxes and corresponding jute bags will becollected from the school at roughly the end of school hours.d. Our menu features a variety of vegetarian, healthy and delicious breakfastand lunch options for children. We may change, alter, or discontinue specificofferings in our menu, or rates thereof, at any time owing to availability andappropriateness at any time, without any prior notice.e. Fresh meals prepared by us are packaged in food grade 304 Stainless SteelLunch Boxes. Your child’s name, class, and section are put in a sleeve on thejute bag and delivered to the school.f. You can select their preferred meal options and place orders for a day, week,month, or a semester and make payment accordingly, as allowed for in ourwebsite. Weekly menus will be shared with you on your provided email ids.You will have complete flexibility to pause or modify delivery dates, and canbook or cancel a delivery for the day latest by the preceding midnight.Subscription plans can be canceled by the preceding midnight of the lastdelivery you intend to receive, and the remainder cash will be credited to theStartwell wallet associated with your Account on the Platform instantly.g. Our meals are prepared with fresh, high-quality ingredients by trained chefsand are designed to meet age-specific nutritional guidelines specified byFood Standards and Safety Authority of India. We use sustainably sourcedwhole and fresh ingredients and avoid anything artificial or processed.h. Maintaining high hygiene standards in our kitchen is a top priority. We haveimplemented several measures to ensure the safety and quality of the foodwe produce, including:i. Training our staff on proper hygiene and sanitation practices, such ashandwashing and using personal protective equipment.ii. Implementing a regular cleaning and sanitation schedule to keep thekitchen clean and sanitized.iii. Implementing Hazard Analysis and Critical Control Points (HACCP), afood safety management system that identifies and controls potentialhazards throughout the food production process.iv. Maintaining temperature control by monitoring cooking temperatureand ensuring that food is stored at the appropriate temperature.v. Regular Integrated Pest Management (IPM) protocol followed to keeppests out of the kitchen.vi. Conducting regular inspections and monitoring to ensure that hygieneand sanitation standards are being met.vii. Compliance with FSSAI and industry standards related to food hygieneand sanitation.viii. Implementing strict hygiene protocols such as hairnets, gloves, cleanaprons and shoes, use of sanitisers for cleaning utensils.i. We encourage you, school management and even students to visit ourkitchen(s) listed on the website anytime during operational hours asmentioned on our website.j. If for unanticipated reasons not arising from Force Majeure events we fail todeliver your child’s food without informing you before the start of yourchild’s school hours, we will not charge for such day’s missed delivery, and ifwe have already received money for such day, we will credit such amount tothe Startwell wallet associated with your account forthwith.2. Orderinga. You agree to take reasonable care when providing Startwell with your details andwarrant that these details are accurate and complete at the time of placing order(s).You also warrant that the credit or debit card details (or other payment methodswhich Startwell is accepting on the Platform at the time of placing suh order(s)) thatyou provide are of your own credit or debit card.b. Startwell ensures quality standards and is responsible and liable for all and anyissues and cases pertaining to the quality of the food or order for eg. veg/non-veglabeling etc but not limited to this, to You directly and not any other third-party.c. You understand that some types of food products may be suitable for yourdesignated child within certain age ranges only. It is your sole responsibility to checkwhether the products you are ordering are suitable for the intended recipientdesignated child.3. Prices and Paymenta. All prices listed on the Platform for products are correct at the time of publication.Startwell reserves the right to alter its offerings or menu of products available forsale and to delete and remove from listing the offerings or menu of product options,if any.b. You agree that in case of change in price, Startwell or its employees will not be liableto you in any manner.c. The total price for product and product delivery including all other charges, taxes,costs, if any, will be displayed on the Platform when you place your order, withinvoices emailed to the email address you have provided us. Full payment must bemade for all the particulars mentioned in the order.d. If you choose online payment, you shall ensure that online payment mode is secured,your debit/credit card details will be encrypted to prevent the possibility ofsomeone being able to read them as they are sent over the internet. Your credit cardcompany may also conduct necessary security checks to confirm your identificationbefore making any such payment.4. Deliverya. In the event, Startwell is unable to deliver the product to you on time or at all, youwill be notified by an email and your order will be automatically canceled due tounavailability of the product or at your instructions due to failure to deliver theproduct on the expected time of delivery by us or our delivery partners. Startwellwill not be liable to pay for any damages in such an event owing to cancellation ofthe order or delay in delivery.b. In case of a late delivery, charges will neither be voided nor refunded by Startwell.c. If the school fails to accept delivery of the product(s) at the time they are ready fordelivery or Startwell is unable to deliver at the nominated time due to your or theschool’s failure to provide appropriate instructions or authorizations, then theproduct(s) shall be deemed to have been delivered to your designated child and allrisk and responsibility in relation to such product(s) shall pass to you. Any storage,insurance and other costs which Startwell may incur as a result of the inability todeliver shall be your responsibility and you shall indemnify Startwell in full for suchcost.d. Startwell cannot be held liable for any damage, cost or expense incurred toproduct(s) as a result of a failure to provide adequate access or arrangements fordelivery by you or the school.e. While we have made our best efforts to ensure delivery of the products on time, youagree and acknowledge that time is not the essence of this agreement, and thedelivery times provided on the Platform are approximate only, and may varyaccording to the situation.5. EligibilityServices of the Platform would be available to only select geographies in India, which willbe updated on the Startwell website. Persons who are "incompetent to contract" within themeaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are noteligible to use the Platform.If you are using the Platform on behalf of any corporation, company, institution, associationor other entity, the person should be authorized by such corporation, company, institution,association or other entity to use and access the Platform.If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use thePlatform only under the supervision of a parent or legal guardian who agrees to be boundby these Terms of Use. If your age is below 18 years, your parents or legal guardians cantransact on behalf of you if they are registered users.6. Your AccountIf you use the Platform, you alone are responsible for maintaining the confidentiality ofyour account and password and for restricting access to your computer to preventunauthorized access to your account.You agree to accept responsibility for all activities that occur under your account orpassword. You should take all necessary steps to ensure that the password is keptconfidential and secure and should inform us immediately if you have any reason to believethat your password has become known to anyone else, or if the password is being, or islikely to be, used in an unauthorized manner.Please ensure the details that you provide us with are correct and complete and inform usimmediately of any changes to the information that you provided while registering. You canaccess and update much of the information you provided us within the Platform.If you know or have reasons to believe that the security of your account has beencompromised, you should contact us immediately. If we find a breach or suspected breachof security of your account, we may require you to change your password, temporarily orpermanently block or suspend your account, which will be without any liability toStartwell.You can create one Account only and it is not permitted to transfer or interchange such anAccount to any other person. The list of information required to be provided by you, themanner of usage, protection and confidentiality of your information and accountinformation are more specifically dealt with under the Platform’s Privacy Notice and youare requested to read the Privacy Notice in detail before sharing your information orcreating an account.You agree and acknowledge that you will use your Account on the Platform to purchaseproducts only for your child’s personal use and not for any business purposes (eg. resellingetc.).Startwell reserves the right to refuse access to the Platform, terminate accounts, remove oredit content at any time without notice to you and without recording any reasons thereof.7. PrivacyPlease review our Privacy Notice, which also governs your visit to the Platform, tounderstand our practices. The personal information / data provided to us by you during thecourse of usage of the Platform will be treated as strictly confidential and in accordancewith the Privacy Notice and applicable laws and regulations. If you object to yourinformation being transferred or used, please do not use the Platform.8. Access to the PlatformWe will do our utmost to ensure that availability of the website will be uninterrupted andthat transmissions will be error-free. However, due to the nature of the Internet, this cannotbe guaranteed. Also, your access to the website may also be occasionally suspended orrestricted to allow for repairs, maintenance, or the introduction of new facilities or servicesat any time without prior notice. We will attempt to limit the frequency and duration of anysuch suspension or restriction.9. License for Platform AccessSubject to your compliance with these Terms of Use and payment of applicable fees, if any,Startwell grants you a limited license to access and make personal use of the Platform, butnot to download (other than page caching) or modify it, or any portion of it, except withexpress written consent of Startwell and / or its affiliates, as may be applicable. This licensedoes not include any resale or commercial use of the Platform or its contents; any collectionand use of any product listings, descriptions, or prices; any derivative use of the website orits contents; any downloading or copying of account information for the benefit of anotherseller or otherwise; or any use of data mining, robots, or similar data gathering andextraction tools.The Platform or any portion of the website (including but not limited to any copyrightedmaterial, trademarks, or other proprietary information) may not be reproduced,duplicated, copied, sold, resold, visited, distributed or otherwise exploited for anycommercial purpose without express written consent of Startwell and / or its affiliates, asmay be applicable.You may not frame or use framing techniques to enclose any trademark, logo, or otherproprietary information (including images, text, page layout, or form) of Startwell and itsaffiliates without express written consent. You may not use any meta tags or any other"hidden text" utilizing Startwell's or its affiliates' names or trademarks without the expresswritten consent of Startwell and / or its affiliates, as applicable. Any unauthorized useterminates the permission or license granted by Startwell and / or its affiliates, asapplicable.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to pagesof the Website or Platform as long as the link does not portray Startwell, Startwell website,the Platform, or their products or services in a false, misleading, derogatory, or otherwiseoffensive matter. You may not use any Startwell logo or other proprietary graphic ortrademark as part of the link without express written consent of Startwell and / or itsaffiliates, as may be applicable.10. Your ConductYou must not use the Platform in any way that causes, or is likely to cause, the Platform oraccess to it to be interrupted, damaged or impaired in any way. You understand that you,and not Startwell, are responsible for all electronic communications and content sent fromyour computer to us or any other person/party and you must use the Platform for lawfulpurposes only.You must not host, display, upload, modify, publish, transmit, store, update, or share anyinformation that:● belongs to another person and to which the user does not have any right;● Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy,including bodily privacy, insulting or harassing on the basis of gender, libelous,racially or ethnically objectionable, relating or encouraging money laundering orgambling, or otherwise inconsistent with or contrary to the laws in force;● is harmful to a child;● 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 the message or knowinglyand intentionally communicates any information which is patently false ormisleading in nature but may reasonably be perceived as a fact;● impersonates another person;● threatens the unity, integrity, defence, security or sovereignty of India, friendlyrelations with foreign States, or public order, or causes incitement to thecommission of any cognisable offence or prevents investigation of any offence or isinsulting other nation;● contains software virus or any other computer code, file or program designed tointerrupt, destroy or limit the functionality of any computer resource;● is patently false and untrue, and is written or published in any form, with the intentto mislead or harass a person, entity or agency for financial gain or to cause anyinjury to any person.The Platform operates on a "notice and takedown" basis. If you believe that any content onthe website is illegal, offensive (including but not limited to material that is sexually explicitcontent or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading,abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene,pornographic, paedophilic, invasive of another’s privacy or menacing; ethnicallyobjectionable, disparaging; or in breach of a third party’s confidential, proprietaryinformation or right; or is otherwise injurious to third parties; or relates to or promotesmoney laundering or gambling; or is harmful to minors in any way; or impersonatesanother person; or threatens the unity, integrity, defence, security or sovereignty of India orfriendly relations with foreign States, or public order, or causes incitement to thecommission of any cognisable offence or prevents investigation of any offence or ininsulting other nation; or objectionable or otherwise unlawful in any manner whatsoever;or which consists of or contains software viruses or any other computer code, file orprogram designed to interrupt, destroy or limit the functionality of any computer resource;or is patently false and untrue (“Objectionable Content"), please notify us immediately, afterwhich we will make all reasonable endeavours to remove such Objectionable Contentcomplained about within a reasonable time.You agree to defend, indemnify and hold harmless Startwell, its employees, directors,officers, agents and their successors and assigns from and against any and all claims,liabilities, damages, losses, costs and expenses, including attorney's fees, caused by orarising out of claims based upon your actions or inactions, which may result in any loss orliability to Startwell or any third party including but not limited to breach of anywarranties, representations or undertakings or in relation to the non-fulfilment of any ofyour obligations under these Terms of Use or arising out of the your violation of anyapplicable laws, regulations including but not limited to Intellectual Property Rights,payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacyor publicity, loss of service by other subscribers and infringement of intellectual propertyor other rights. This clause shall survive the expiry or termination of these Terms of Use.11. Reviews, Comments, Communications and Other ContentUsers of the Platform may post reviews, comments and other content; sendcommunications; and submit suggestions, ideas, comments, questions, or other informationfrom time to time depending upon the features as present on the Platform from time totime, as long as the content is not illegal, obscene, abusive, threatening, defamatory,invasive of privacy, infringing of intellectual property rights, or otherwise injurious to thirdparties, or objectionable and does not consist of or contain software viruses, politicalcampaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."In the event a user uses a false email address, impersonates any person or entity, orotherwise misleads as to the origin of any content. Startwell reserves the right (but not theobligation) to remove, refuse, delete or edit any content that in the sole judgment ofStartwell.in violates these Terms of Use and, or terminate your permission to access or usethe Platform.If you do post content or submit material, and unless we indicate otherwise, you grantStartwell and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fullysublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivativeworks from, distribute, and display such content throughout the world in any media; andStartwell and its affiliates and sublicensees the right to use the name that you submit inconnection with such content, if they choose.You agree that the rights you grant above are irrevocable during the entire period ofprotection of your intellectual property rights associated with such content and material.You agree to waive your right to be identified as the author of such content and your rightto object to derogatory treatment of such content. You agree to perform all further actsnecessary to perfect any of the above rights granted by you to Startwell, including theexecution of deeds and documents, at its request.You represent and warrant that you own or otherwise control all of the rights to the contentthat you post or that you otherwise provide on or through the website; that, as at the datethat the content or material is submitted to the Platform: (i) the content and material isaccurate; (ii) use of the content and material you supply does not breach any applicablePlatform policies or guidelines and will not cause injury to any person or entity (includingthat the content or material is not defamatory); (iii) the content is lawful. You agree toindemnify Startwell and its affiliates for all claims brought by a third party against it or itsaffiliates arising out of or in connection with a breach of any of these warranties.12. Product DetailsYou can refer to the product detail page on the Platform for checking any product detailsprovided by us regarding the following:● The total price in single figure of any good or service, along with the breakup pricefor the good or service, showing all the compulsory and voluntary charges such asdelivery charges, postage and handling charges, conveyance charges and theapplicable tax, as applicable. These details are available on the invoice issued to youover the Platform and/or email;● Mandatory notices and information provided by applicable laws, and the expiry dateof the good being offered for sale, where applicable;● Goods and services offered for sale by the seller including country of origin whichare necessary for enabling the consumer to make an informed decision at thepre-purchase stage;● Importer and the guarantees related to the authenticity or genuineness of theimported products; and● Guarantees or warranties applicable to such goods or services.Startwell attempts to be as accurate as possible in the description of products on thePlatform. However, Startwell does not warrant that the product description, color,information or other content of the Platform is accurate, complete, reliable, current orerror-free. The Platform may contain typographical errors or inaccuracies and may not becomplete or current. The product pictures are indicative and may not match the actualproduct.Startwell reserves the right to correct, change or update information, errors, inaccuraciesor omissions at any time (including after an order has been submitted ) without priornotice. Please note that such errors, inaccuracies or omissions may also relate to pricingand availability of the product or services.Any recommendation made to you in the Platform during the course of your use of thePlatform is purely for informational purposes and for your convenience and does notamount to endorsement of the product or services by Startwell or any of its associates inany manner.Prices and availability of the products and services provided or offered on the Platform aresubject to change without prior notice and at the sole discretion of Startwell. Startwell mayrevise and cease to make available any product/ services at any time.We have made every effort to display the colors of our products that appear on the Platformas accurately as possible. However, as the actual colors you see will depend on yourmonitor, we cannot guarantee that your monitor's display of any color will be accurate.13. Conditions of SalePlease read these conditions carefully before placing an order for any products with us onthe Startwell platform. These conditions signify your agreement to be bound by theseconditions.In addition, when you use any current or future Startwell Services, you will also be subjectto the terms, guidelines and conditions applicable to that service ("Service Terms"). If theseConditions of Sale are inconsistent with such Service Terms, the Service Terms will prevail.Your order is an offer to us to buy the product(s) in your order. When you place an order topurchase a product from us, you will receive an email confirming receipt of your order andcontaining the details of your order (the "Order Confirmation email"). The OrderConfirmation email is acknowledgement that we have received your order, and does notconfirm acceptance of your offer to buy the product(s) ordered. We only accept your offer,and conclude the contract of sale for a product ordered by you, when the product isdispatched to you and an email confirmation is sent to you that the product has beendispatched to you (the "Dispatch Confirmation email"). If your order is dispatched in morethan one package, you may receive a separate Dispatch Confirmation email for eachpackage, and each Dispatch Confirmation email and corresponding dispatch will conclude aseparate contract of sale between you and us for the product(s) specified in that DispatchConfirmation email.Your contract is with us and you confirm that the product(s) ordered by you are purchasedfor your designated child’s internal / personal purpose and not for resale or businesspurpose. You authorize us to declare and provide declaration to any governmentalauthority on your behalf stating the aforesaid purpose of the products ordered by you onthe website.You can cancel your order for a product at no cost any time before we send the DispatchConfirmation email relating to that product.14. Limitation of LiabilityAll products provided by us are on an ‘as is’ and ‘as available’ basis. We hereby disclaim allwarranties, whether express or implied, including, without limitation, implied warranties ofmerchantability, fitness for purpose, and the like.We make no representations or warranties of any kind, express or implied, as to theoperation of the Platform or the information, content, materials, or products shown on thisPlatform. You expressly agree that your use of this Website is at your sole risk.You are solely responsible to ensure the proper handling of the food once it is delivered toyour designated child, or deemed to be delivered when school personnel take delivery. Boththe title and risk in the products passes upon delivery, and we shall not be liable for anydamage or loss caused or claims arising or resulting for any events occurring following ourdelivery, against which you indemnify us to the fullest, including (and not limited to), forexample, the following:1. improper storage after delivery;2. use of unhygienic food utensils to consume the products delivered;3. the consumption of other edible items along with the products delivered;4. the consumption of the products after the suggested period of consumption;5. any effects of the weather (including heat or humidity) on the products once it isdelivered.The products that we deliver are, by their very nature, perishable. These products must beconsumed within four hours of delivery. You agree and acknowledge that we shall not beresponsible for any claims, losses or damages resulting from your designated childconsuming the products beyond such time.We are in no position to verify whether a designated child to whom the products aredelivered is allergic to specific kinds of food items, and therefore, we cannot, in any manner,be held liable for any damage caused to the designated child due to any allergic reaction.You hereby agree and acknowledge that you have consulted qualified medical professionalsand experts to ensure that your designated child is not allergic to any and all of theproducts that are made available on our menu, and you shall be solely responsible for anydamage caused to your designated child due to any adverse allergic reaction.The products we provide are vegetarian. However, our menu has not been tailoredspecifically to the requirements of the adherents of any religion. Therefore, some productsdo contain ingredients such as onion, garlic, mushrooms, etc. and other such items that youmay not consume, in accordance with your beliefs. It shall be your sole responsibility tothoroughly inspect the menu before ordering.While we have made our best efforts to ensure that all products delivered to yourdesignated child are nutritional and healthy, the information provided on the Platform isnot, in any manner, intended to be used as a substitute for medical guidance. The diets ofyour designated child must be designed only in consultation with your doctors andspecialists. Nothing stated or presented on the Platform is intended to be a substitute forprofessional medical advice. Please consult your doctor should you have any questionsrelating to your diet.The images and pictorial representations of the products set out on the Website are onlyindicative in nature. The actual food delivered may vary in terms of size, colour,presentation, etc.We have made our best attempts to display the products’ details, pricing and nutritionalinformation on our Platform as accurately as possible. We do not guarantee, however, thatall such information is accurate, and you hereby acknowledge the same. You shall remainsolely responsible for any claims, losses or damages arising or resulting from your reliancetherein.You agree that our entire liability, and your sole remedy, in relation to any claims for losses,damages, etc. in relation to this Agreement shall be limited to the amount paid by you forthe products delivered. In any event, you agree that we shall not be liable for any direct,indirect, incidental, special or consequential damages for any breach of these Terms.15. Indemnity and ReleaseYou shall indemnify and hold harmless Startwell, its subsidiaries, affiliates and theirrespective officers, directors, agents and employees, from any claim or demand, or actionsincluding reasonable attorney's fees, made by any third party or penalty imposed due to orarising out of your breach of these Terms of Use or any document incorporated byreference, or your violation of any law, rules, regulations or the rights of a third party. Youhereby expressly release Startwell and/or its affiliates and/or any of its officers andrepresentatives from any cost, damage, liability or other consequence of any of theactions/inactions of the vendors and specifically waiver any claims or demands that youmay have in this behalf under any statute, contract or otherwise.You hereby agree to indemnify, defend, and hold harmless us, as well as our employees,officers, directors, contractors, consultants, shareholders, representatives, successors andassigns, from and against all actual or alleged third party claims, damages, awards,judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including,without limitation, lawyers’ fees and expenses) and costs (including, without limitation,court costs, costs of settlement and costs of pursuing indemnification and insurance), ofevery kind and nature whatsoever, whether in law or equity, whether in tort, contract orotherwise, including, but not limited to, damages to property or personal injury, that arecaused by, arise out of or are related to (a) your and your designated child’s consumption ofthe products; (b) use of the Platform; (b) any content you create, post, share or store on orthrough the Platform, (c) your breach of these Terms, and (d) your violation of the rights ofthird parties. You agree to promptly notify us of any third party claims and cooperate withus in defending such claims. You further agree that we shall have full control of the defenseor settlement of any third party claims.16. CommunicationsWhen you visit the Platform, you are communicating with us electronically. You will berequired to provide a valid phone number while placing an order with us. We maycommunicate with you by email, SMS, phone call or by posting notices on the Platform or byany other mode of communication. For contractual purposes, you consent to receivecommunications (including transactional, promotional and/or commercial messages), fromus with respect to your use of the Platform and/or your order placed on the Platform.17. LossesWe will not be responsible for any business loss (including loss of profits, revenue,contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirector consequential loss that is not reasonably foreseeable to both you and us when youcommenced using the website.18. Alteration of Service or Amendments to the ConditionsWe reserve the right to make changes to our website, policies, and these Terms of Use atany time. You will be subject to the policies and Terms of Use in force at the time that youuse the Platform, use the Service, or that you order products from us, unless any change tothose policies or these conditions is required to be made by law or government authority(in which case it will apply to orders previously placed by you). If any of these conditions isdeemed invalid, void, or for any reason unenforceable, that condition will be deemedseverable and will not affect the validity and enforceability of any remaining condition.19. Events beyond our Reasonable ControlWe will not be held responsible for any delay or failure to comply with our obligationsunder these conditions if the delay or failure arises from any cause which is beyond ourreasonable control. This condition does not affect your statutory rights.You agree that we shall not be responsible to you for any breach or delay in theperformance of our obligations hereunder (including delays in delivery) if such breach ordelay is caused due to a Force Majeure event, which shall include acts of God, terrorism,war, political insurgence, strikes, lockouts, lockdowns, transport restrictions, riots, civilunrest, natural calamities, or man-made eventualities outside of our control.20. WaiverIf you breach these conditions and we take no action, we will still be entitled to use ourrights and remedies in that and any other situation where you breach these conditions.21. Copyright and TrademarkStartwell and its licensors expressly reserve all their intellectual property rights in all text,programs, products, processes, technology, content and other materials, which appear onthe Platform. Access to the Platform does not confer and shall not be considered asconferring upon anyone any license under any of Startwell or any third party's intellectualproperty rights. All rights, including copyright, in this website are owned by or licensed toStartwell. Any use of the Platform or its contents, including copying or storing it or them inwhole or part, other than for your own personal, non-commercial use is prohibited withoutthe permission of Startwell. You may not modify, distribute or re-post anything on thePlatform for any purpose.The names and logos and all related product and service names,design marks and slogans are the trademarks or service marks of Startwell, its affiliates, itspartners or sellers. All other marks are the property of their respective intellectualproperty rights holders. No trademark or service mark license is granted in connectionwith the materials contained on the Platform. Access to the Platform does not authorizeanyone to use any name, logo or mark in any manner. References on the Platform to anynames, marks, products or services of third parties or hypertext links to third party sites orinformation are provided solely as a convenience to you and do not in any way constitute orimply Startwell’s endorsement, sponsorship or recommendation of the third party,information, product or service. Startwell is not responsible for the content of any thirdparty sites and does not make any representations regarding the content or accuracy ofmaterial on such sites. If you decide to link to any such third party websites, you do soentirely at your own risk. All materials, including images, text, illustrations, designs, icons,photographs, programs, music clips or downloads, video clips and written and othermaterials that are part of the Platform (collectively, the "Contents") are intended solely forpersonal, non-commercial use. You may download or copy the Contents and otherdownloadable materials displayed on the Platform for your personal use only. No right, titleor interest in any downloaded materials or software is transferred to you as a result of anysuch downloading or copying. You may not reproduce (except as noted above), publish,transmit, distribute, display, modify, create derivative works from, sell or participate in anysale of or exploit in any way, in whole or in part, any of the Contents, the Platform or anyrelated software. All software used on this Platform is the property of Startwell or itslicensees and suppliers and protected by Indian and international copyright laws. TheContents and software on the Platform may be used only as an informational and shoppingresource. Any other use, including the reproduction, modification, distribution,transmission, republication, display, or performance, of the Contents on the Platform isstrictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, tradedress and/or other intellectual property owned, controlled or licensed by Startwell, one ofits affiliates or by third parties who have licensed their materials to Startwell and areprotected by Indian and international copyright laws. The compilation (meaning thecollection, arrangement, and assembly) of all Contents on the Platform is the exclusiveproperty of Startwell and is also protected by Indian and international copyright laws.22. Governing Law, Dispute Resolution, and JurisdictionThese Terms of Use are governed by and construed in accordance with the Laws of Indiaand its constituent State of Maharashtra. You agree, as we do, to submit to the exclusivejurisdiction of the courts at Mumbai, Maharashtra.To ensure the timely and economical resolution of disputes that arise in connection withthe terms mentioned in these Terms of Use, you agree that any and all disputes, claims, orcauses of action arising from or relating to the enforcement, breach, performance, orinterpretation of this Agreement, to the fullest extent permitted by law first by directnegotiations and if the Dispute is still not resolved within thirty (30) days, ("MutualResolution Period") then the parties may choose to resolve the dispute through Arbitrationby mutually appointing a Sole Arbitrator at Mumbai, Maharashtra. You acknowledge theexclusive jurisdiction of the appropriate Courts in Mumbai, Maharashtra for resolution ofany Dispute.23. AssignmentYou shall not be entitled to transfer or assign any of the rights under this Agreement, ordelegate the performance of any of the duties hereunder, without our prior written consent.24. SeverabilityShould any part of these Terms be declared illegal or unenforceable, you shall cooperatewith us in all ways open to you to obtain substantially the same result or as much thereof asmay be possible, including taking appropriate steps to amend, modify or alter these Terms.If any term or provision of these Terms shall be hereafter declared by a final adjudication ofany tribunal or court of competent jurisdiction to be illegal, such adjudication shall not alterthe validity or enforceability of any other term or provision unless the terms and provisionsso declared are expressly defined as a conditions precedent or as of the essence of theseTerms, or comprising an integral part of, or inseparable from the remainder of these Terms.25. Software TermsThe following terms, in addition to the rest of the Terms of Use, apply to any software(including any updates or upgrades to the software and any related documentation) thatwe make available to you from time to time for your use in connection with Services andPlatform (the "Startwell Software"):You may use Startwell Software solely for purposes of enabling you to use and enjoy theStartwell Services as provided by Startwell, and as permitted by the Conditions of Use,these Startwell Software Terms and any Terms. You may not incorporate any portion of theStartwell Software into your own programs or compile any portion of it in combinationwith your own programs, transfer it for use with another service, or sell, rent, lease, lend,loan, distribute or sub-license the Startwell Software or otherwise assign any rights to theStartwell Software in whole or in part. You may not use the Startwell Software for anyillegal purpose. We may cease providing any Startwell Software and we may terminate yourright to use any Startwell Software at any time. Your rights to use the Startwell Softwarewill automatically terminate without notice from us if you fail to comply with any of theseStartwell Software Terms, the Conditions of Use or any other Terms. Additional third partyterms contained within or distributed with certain Startwell Software that are specificallyidentified in related documentation may apply to that Startwell Software (or softwareincorporated with the Startwell Software) and will govern the use of such software in theevent of a conflict with these Conditions of Use. All software used in any Startwell Service isthe property of Startwell and/or its affiliates or its software suppliers and protected bylaws of India including but not limited to any other applicable copyright laws.When you use the Startwell Software, you may also be using the services of one or morethird parties, such as a wireless carrier or a mobile platform provider. Your use of thesethird party services may be subject to the separate policies, terms of use, and fees of thesethird parties.You may not, and you will not encourage, assist or authorize any other person to copy,modify, reverse engineer, decompile or disassemble, or otherwise tamper with, theStartwell Software, whether in whole or in part, or create any derivative works from or ofthe Startwell Software.In order to keep the Startwell Software up-to-date, we may offer automatic or manualupdates at any time and without notice to you.26. TerminationThese Terms of Use are effective unless and until terminated by either you or Startwell. Youmay terminate these Terms of Use at any time, provided that you discontinue any furtheruse of the platform. Startwell may terminate these Terms of Use at any time and may do soimmediately without notice, and accordingly deny you access to the platform, suchtermination will be without any liability to Startwell. Upon any termination of the Terms ofUse by either you or Startwell, you must promptly destroy all materials downloaded orotherwise obtained from the platform, as well as all copies of such materials, whether madeunder the Terms of Use or otherwise. Startwell's right to any Content shall survive anytermination of these Terms of Use. Any such termination of the Terms of Use shall notcancel your obligation to pay for the product already ordered from the platform or affectany liability that may have arisen under the Terms of Use.In line with applicable law, Visitor will retain your account details for a minimum period of180 days from the date of its deletion, whether by your request or by Startwell’s action.27. DisclaimersWe further expressly disclaim any warranties or representations (express or implied) inrespect of quality, suitability, accuracy, reliability, completeness, timeliness, performance,safety, merchantability, fitness for a particular purpose, or legality of the products listed ordisplayed or transacted or the content (including product or pricing information and/orspecifications) on the platform.Startwell is not liable for any damage to your devices while using the Services or otherwise.While we have taken precautions to avoid inaccuracies in content, the platform, all content,information (including the price of products), software, products, services and relatedgraphics are provided as is, without warranty of any kind.Startwell does not represent or warrant that (a) the Service will be uninterrupted, secure,or error-free, (b) any defects or errors in our services will be discovered or corrected, or (c)that any content or information you obtain on or through our services will be accurate orappropriate for your purposes.We do not warrant that the Platform, our servers, or any communication sent from themare, at all times, free of viruses or other harmful software. You agree that we shall not beresponsible for any losses, damages or claims of any kind resulting from your use of thePlatform, including, but not limited to direct, indirect, incidental, punitive andconsequential damages.Any material downloaded or otherwise obtained through the use of our services is accessedat your own discretion.Startwell holds no responsibility for any Content that you or another User or third partyposts, sends, or receives through our Services nor do we assume any responsibility for theidentity, intentions, legitimacy, or veracity of any Users with whom you may communicatewith.Startwell is not liable for any mental, physical damage or distress howsoever arising to theUser or its representatives or legatees. We do not implicitly or explicitly support or endorsethe sale or purchase of any products on the website.At no time shall any right, title or interest in the products sold through or displayed on thewebsite vest with Startwell nor shall Startwell have any obligations or liabilities in respectof any transactions on the platform.These Terms of Use determine the rights and liabilities of the parties who use the Servicesand are supplemented by other policies which Startwell may publish. In case these Terms ofUse conflict with other policy(ies), these Terms of Use shall prevail. All Startwell policieswill be enforceable and valid in law to the maximum extent permissible by law jointly andseparately.The platform may contain links to websites of third-parties, including without limitation,advertisers, which are not under our control, and platform is not responsible for thecontent displayed, or any kind of material or media automatically or willingly downloadedby clicking on that link, or any changes or updates to such websites. Platform providesthese links as a convenience, and the inclusion of any link or ad does not imply that theplatform endorses or accepts any responsibility for the dealing or content on suchthird-party websites.Under no circumstances including acts of negligence, unless explicitly provided by law, shallStartwell (including but not limited to its owners, managers, developers, its affiliates,investors and others), be liable to any person for any indirect, special, incidental, orconsequential damages of any character including, without limitation, damages for loss ofgoodwill, unemployment, loss of work or job, computer failure or malfunction, or any andall other economic damages or losses, even if we have been informed of the possibility ofsuch damages.The Platform depends on third-party service providers, which enable us to deliver ourServices to you in a timely, reliable, and efficient fashion. You will be provided adequatenotice of such third-party service providers at the appropriate place(s) on the Platformitself. Please note that such third-party service providers have their own terms andconditions and privacy policies, over which we have no control nor for which we take anyliability.This document is an electronic record in terms of Information Technology Act, 2000, asamended. This electronic record is generated by a computer system and does not requireany physical or digital signatures.28. GrievancesOur policy on grievance redressal is governed by the following principles:● Customer shall be treated fairly at all times.● Issues raised by customers are always attended with courtesy and in time.● Customers are provided with effective and satisfactory resolution within reasonable timeperiod.● Customers are fully informed of avenues to escalate their issues/ grievances if they are notfully satisfied with the response to their complaints.Call +91 9833607011 to report issues with orders, delivery or sellers.Call +91 9833607011 for customer support.Any customer can reach out to our Customer Support team/ representative through electronicmode in the following manner:Email customer service at: (hello@startwell.in)Call at Customer Service DeskPhone: (+91 9833607011) (9am - 5pm)29. Lodge a ticket with the Customer Service TeamThe customer may choose to lodge a complaint at hello@startwell.in. A ticket number shall beprovided on the customer's registered email address for each complaint lodged through which theconsumer can track the status of the complaint. On response/follow up calls or emails, TheCustomer Service representative may ask for the ticket number from the customer for verificationpurposes.30. Chat with our Customer Service TeamOn Startwell platform (9am - 5pm)Specific complaint numbers will be given to the complaints lodged by the customers to help themtrack the status of their complaints.Customers will be offered a customer support facility during the business hours (9am - 5pm).31. Email us if you are not satisfiedIn case your grievance is not adequately addressed by the above mechanism, you may contact ourgrievance officer below by mentioning the ticket number in the subject line of any email you maysend.Please find below the details of the grievance officer:Name: Prithvi RajputDesignation: Founder and CEOE-mail: prithvi@startwell.inAddress: Kharghar32. InfringementThe Grievance Officer is identified above pursuant to the provisions of applicable laws including butnot limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, andthe Rules enacted under those laws.In case you feel that Startwell has infringed upon your copyright, reach out to us directly via sendingan email to prithvi@startwell.in with the subject line “Takedown Request”, along with: An affidavitaffirming that you have the authority to act in this regard, details and identification of the copyrightwith information reasonably sufficient to permit us to locate the material so allegedly infringed,details of the infringement and a statement that you have a good faith belief that use of the materialin the manner complained of is not authorized by the copyright owner, its agent, or the law; andsufficient information to contact you back.33. IndemnitiesYou shall indemnify, defend, and hold Startwell harmless, at his/her own expense, from and againstany and all losses, penalties, liability, obligations, damages, third-party claims, demands, causes ofaction, costs, and expenses of whatever form or nature (each a “Claim” and collectively, “Claims”),including reasonable outside attorney’s fees and other costs of legal defence, arising out of orrelated to: (i) any negligent acts, omissions or willful misconduct by the you; (ii) your access to anduse of the App; (iii) the uploading or submission of Content to the App by you; (iv) an actual oralleged breach of any of the duties, representations, warranties or covenants of this Agreement byyou, except to the extent such indemnity is prohibited by law.