Terms of Service

The following are the Terms and Conditions (the “Agreement” or the “Terms of Service”) which govern your access and use of our online platform OpenWings Circle through which our services may be provided (collectively the “Platform”). The Platform allows the registered users to interact with others users, create and consume user generated content and content from the Platform. The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website https://openwingscircle.club/. The platform- OpenWings Circle is owned and operated by OpenWings Wellness Private Limited (the “Company”) which is a Private Limited Company incorporated under The Companies Act, 2013 with CIN: U74999UP2020PTC127825

 By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform. When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to the owners of the Platform.

IF YOU DO NOT AGREE TO BE BOUND TO ANY TERM OF THIS AGREEMENT, YOU MUST NOT ACCESS THE PLATFORM.

Definitions

The “Platform” means OpenWings Circle

The “Company” refers to OpenWings Wellness Private Limited

“Content” means and includes any user generated information on the Platform in any format-text, audio, image, video, or information and quizzes provided by the “Company”, our partners, third party or sponsors.

Modification of Terms of Service: 

By using the Platform you agree to abide by the “Agreement”, which may be modified by the Company. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

Services provided to users

The platform allows the registered users to

Create and maintain their own profiles

Choose to restrict the visibility of content posted by them as public or the members of a particular group, including the feature of blocking particular user(s) to view your account

Post user-generated content in different forms but not limited to text, audio, video, image, hashtags

Interact with other users- follow, send and accept/reject connection request

React to other users’ posts

Edit previously published posts

Block or report other user(s)

Receive alerts- the details of which are in user profile settings. The Platform and the Company are not liable for any delays, errors in the content of alert or any other alert related information

All user generated data will be visible to the Company

The Company reserves the right to remove any user profile or content created by users. Users should not post any content with hate, unprofessionalism, insulting to user or non-users. 

The Company is not responsible for any content published by any user. The Company will not be liable for any damages, losses, harm or costs incurred by you as a result of information consumed by you on the Platform. The Company will not be liable for any interruption in the Platform and its services. The Company is not responsible for the accuracy or legitimacy of data on the Platform.

Users will be asked some details in order to register on the Platform, the details of which is in Privacy Policy. User need to provide contact details, name and other details.  

It is the users’ responsibility to provide correct details about themselves. They should not use any foul words or other harmful content including but not limited to harmful to minors, pornographic material, gambling, paedophilic, threats, hate, disrespecting user/ non user/ any living or non-living entity. Users should not display unprofessionalism behaviour on the platform. 

The Company reserves the right to suspend or terminate any account without prior notice.

Payment

There is no payment required by user to register on the platform. Some premium features are paid, the information about which will be clearly displayed in the Platform with other details.

Use of user information and user-generated content

User may only provide information that user owns or has the right to use. User remains the complete owner of all information and content provided by the user on the Platform and user gives the Company perpetual, royalty-free and worldwide license to fully use that information for marketing and publicity purposes. Kindly view Privacy Policy for more details.

Third Party Services

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

About Content

Content on the Platform is user generated or provided by the Platform or third Parties. Copying of Content provided by the Platform or third Parties for commercial purpose will be a violation of copyright and the Company reserves its rights under applicable law accordingly. Users shall not modify the content provided by the Platform or third Parties or repost on this Platform or any other Platform for any personal or commercial purpose. The Platform is not responsible for any user generated content including but not limited to posts created by the user or comments by other users.

User may be contacted by the Company through phone call, online call, email and other electronic means of communication for the purpose of requesting feedback on the Platform and its usage.

Support

User can send email to the Platform at info@openwingswellness.com

The Company does not claim any timeline on how it will respond but The Company will try to respond within 3 working days of receipt of any communication.

In case of any grievances, kindly send an email to the above mentioned email Id info@openwingswellness.com

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Disclaimer of Warranty and Limitation of Liability

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE

RESULTING FROM OUR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANYACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICEAND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS”WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANT ABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE ORE XEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT

AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEYPAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Your account, representations, conduct and commitments. You hereby confirm that you are at least 18 years old of age, or that you are 16 years or older, and you have the consent of a parent or legal guardian. You hereby confirm that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your details, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your details. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your details by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the details of any other person for any reason.

You agree and confirm that your use of the Platform are for your own personal use only and that you are not using the Platform for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual propert yrights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with us.

If you receive any file from us, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your details whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit/debit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment elated information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with you on a timely basis and according to the fees, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means.

Refunds/Cancellations:

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to info@openwingswellness.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to issuing partial or full refunds when applicable in 7 working days.

Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt o rdiscontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

Notice

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.

Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Uttar Pradesh, India excluding any rules governing choice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Lucknow High Court, Uttar Pradesh, India. You irrevocably consent to the personal jurisdiction of the aforementioned court and hereby waive any objection to the exercise of jurisdiction by the aforementioned court.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.