Terms and Conditions

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and OnPacts Wellness Products And Services Private Limited (“OnPacts” or “we” or “us” as the context requires) governing your use of OnPacts’s products, software and/or services with the characteristics and features as described on www.onpacts.com (“Website”) and the OnPacts mobile App (“App”). OnPacts may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of OnPacts. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
By accessing the Website, the App or the Marketplace, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ App/Marketplace and applies to all visitors, users and others who access the Service (“Users”). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ App/Marketplace. OnPacts will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ App/Marketplace. All changes are effective as soon as we post them and by continuing to use the Website/App/Marketplace and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/App/Marketplace is subject to the most current version of the terms of use posted on the Website/App/Marketplace at the time of such use.

OnPacts has created this Website/App/Marketplace to provide Users, the Services which includes, guidance on how to improve their fitness along with the accountability to the set goals by the “user” (you). This system is backed by reward and penalty which are based on the status of the goal (Completed or Failed). We are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

ACCESS

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App by notifying the same on our Website/App from time to time without prior notice to you. We will not be liable, if for any reason our Website/App or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App, or our entire Website/App, to Users who have registered with us.
OnPacts grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without OnPacts’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
In order to access the Services, you will need to register on the App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.
By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify OnPacts of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: support@onpacts.com.
You are responsible for making all arrangements necessary for you to have access to our Website/App and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to OnPacts for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
OnPacts reserves the right to refuse access to use the Services offered at the Website/ App/Marketplace to new Users or to terminate access granted to existing Users at any time without any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by OnPacts from using the Website/App or Services for any reason whatsoever.

MEMBERSHIP/REGISTRATION FOR THE SERVICES

Once you complete registration on the App, you will be a member which:

Allows you to access and post content on the Website/ App
Allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App;
Allows you to make use of the Services on the Website/ App subject to these terms and conditions;
Does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.

By providing OnPacts your email address/ phone number you consent to:

Our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications via email/mobile number or entirely.
Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
Our using on your email address, city address, phone number and other ancillary information to fulfil the orders placed by you on the Marketplace; and
Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: support@onpacts.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
Grant such permission to contact you through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.

GRANT OF LICENSE

Subject to these terms and conditions of use, OnPacts grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

RESTRICTION ON USE OF SERVICES

You are not permitted to and shall not do any of the following acts, the breach of which shall entitle OnPacts to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you.
Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the App or the Marketplace;
Attempt to copy any software provided to you as part of the Services or the Website or the App in particular its source code, or attempt to decrypt any part of such software that is provided to you;
Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
Use any of OnPacts’s domain name as a pseudonymous return email address;
Access or use the Website/ App in any manner that could damage, disable, overburden, or impair any of the Website/ App’s servers or the networks connected to any of the servers on which the Website/ App is hosted;
Access or attempt to access any content that you are not authorized to access by any means;
Access the Website/ App through any other means other than through the interface that is provided by us;
Alter or modify any part of the Services; and
Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated linked sites.

BILLING AND PAYMENT

Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. OnPacts may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide OnPacts with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). OnPacts does not validate all credit card information required by the Customer’s payment provider to secure payment.
You must notify OnPacts about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to OnPacts’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
In respect of debit made on the App, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever if you fail to comply with the OnPacts guidelines towards the functionality and operations and no refunds will be initiated therefore.

SECURITY

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

OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

All right, title and interest in usage of the terms Onpacts.com, OnPacts including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of OnPacts Private Limited and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of OnPacts Private Limited.
Except as expressly provided in these terms of use, no part of OnPacts and no content or marks, data, statistics, independent research conducted and posted by OnPacts may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that the OnPacts does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by OnPacts, we retain the full and complete right, title and interest to the Website/App, and all intellectual property, title and interest to the Website/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.
Any usage of OnPacts’s contents, without the written authorization of OnPacts, shall be considered a breach of this Agreement, and you shall be required to indemnify OnPacts for all liability incurred in this regard.

GOVERNING LAW

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

RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME

The website www.onpacts.com and the associated mobile application, OnPacts, is registered and owned by OnPacts Private Limited, and usage of this Website/App and affiliated links is subject to the Terms of Use and Privacy Policy.

END USER LICENCE AGREEMENT

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ONPACTS AND SERVICES PRIVATE LIMITED (“COMPANY”). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE ONPACTS APPLICATION (THE “APP”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.

LICENSE

Subject to the terms and conditions of this EULA, the Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the App on one portable wireless device. You may not make the App available over a network where it could be used on multiple devices at the same time.
The term “App” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the App (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Company, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the App as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the App and any portion thereof.
You acknowledge that by installing the App on your cellular mobile phone, the App may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the App collecting and storing such information on Company’ servers and to receive calls from us, from time to time regarding updates of your progress from using the App and promotional information or offers in connection with the Services provided under the App.

DATA CHARGES

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

INTELLECTUAL PROPERTY RIGHTS

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

This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.

Any unauthorized copying, displaying, selling or distributing or other use of any content or App is a violation of the law.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APP AND CONTENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APP OR OTHERWISE.
THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.
THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.

LIMITATION OF LIABILITY

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

DAMAGES

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

EVALUATION TERM & TERMINATION

Any license not purchased for the full license fee and any trial version, are provided for a limited duration and for the limited purpose expressly communicated to you in connection with the App. At the end of the evaluation/trial period, you will cease use of the App, remove the App from your cellular mobile device and destroy all copies of the App. Failure to remove the App shall be a breach of this EULA.
You agree that the App may automatically disable itself at the end of the evaluation/trial period and consent to such disabling feature. You also agree that Company may send you reminders to purchase a permanent license key, whether during or after the evaluation/trial version.
You agree that any evaluation/trial version is not full-featured and the use of certain features of the App may be disabled or limited in any manner deemed appropriate. You may activate all features of the App by purchasing a license key as communicated to you.
Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such event, you must cease use of the App and destroy all copies of the App and all of its component parts and associated documents. You agree that Company may remotely disable the App in the event of termination under this section.

ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and Company relating to the App and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the App or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.
The provisions of the terms of service set out above and privacy policy set out below shall be read together with this EULA and are deemed to be an integral part of this EULA. While this EULA governs your use of the App, the terms of service and privacy policy govern your access and use of the services offered on the OnPacts website and the OnPacts App.

SEVERABILITY

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

GOVERNING LAW

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