TERMS OF USE AND PRIVACY POLICY

 

TERMS OF USE

Last updated: April 23, 2019  

www.lilaswellness.com, is an internet protocol (“Website”) owned and managed by Radee Health Ventures Private Limited (CIN NO. U74999MH2018PTC308370), a company incorporated and registered under the Companies Act, 2013, having its registered office at Rosewood Chambers, 99/C Tulsiwadi, Tardeo, Mumbai, Maharashtra – 400034 (“Lilas Wellness”, “we”, “us”, “our”). We create innovative products and solutions which promote female well-being.

 

These Terms of Use (“Terms”) read together with the Privacy Policy (to be hyperlinked) govern the access and use of our Website and apply to all visitors (i.e. those who are not registered with Lilas Wellness) and users (i.e. those who are registered with Lilas Wellness) (collectively referred to as “User”). Please read the Terms carefully. By visiting, accessing, browsing and using the Website, you provide unconditional acceptance to these Terms. If the User does not agree with these Terms, please do not visit or use our Website.

 

1.         Binding agreement

1.1        These Terms, read together with the Privacy Policy shall constitute a legal and binding agreement between the User of the one part and Lilas Wellness of the other part (“Agreement”). In the event of any inconsistency between the Terms and the Privacy Policy, the Terms shall supersede the Privacy Policy. Every User is deemed to have agreed to the present Terms and entered into a legally binding agreement with Lilas Wellness.

 

1.2       Lilas Wellness reserves the right to modify, revise, alter or update these Terms at any time, with or without notice. Although, Users shall be notified of material changes through their registered e-mail address or any other mode of communication, it is advised that they consult these Terms regularly to be updated about the changes.  If a User continues to access or use the Website after any modification, amendment, alteration or change of the Terms, irrespective of whether notice was sent to the User or published on the Website, such User hereby is deemed to provide consent and unconditional acceptance to the Terms and our other Policies and practices existing at the time of accessing or using the Website. 

 

2.         Eligibility

 

            In order to access and use our Website, Users confirm and undertake that they are competent to contract as per the Indian Contract Act, 1872.  The access and use of the Website is open only to Users who are eighteen (18) years or above. In the event the User provides false information about the age, Lilas Wellness shall not be liable and responsible for any loss or damage caused by such misrepresentation.

 

3.         Intellectual property

 

3.1       The Intellectual property vested in all the content and material published on the Website, including but not limited to written content, images, photographs, graphics, illustrations, marks, designs, symbols, logos, labels, drawings, product information, specifications, audio or video clippings, etc. are protected by copyright and trademark laws, and owned and controlled by us or third parties who have licensed their content and material to us.

 

3.2       Users agree not to modify, publish, publicly display, perform, transfer, sell, reproduce, create derivative works, distribute, download or exploit the material on the Website, without written authorization or license given by the owner of the intellectual property. Any contrary action by the User shall amount to breach of these Terms and shall be deemed null and void. If you breach these Terms, your authorisation to access and use the Website terminates automatically and you must destroy any downloaded or printed material.

 

3.3       Users acknowledge and agree that the intellectual property vested in our products is owned and controlled by Lilas Wellness. Users further agree not to modify, reverse engineer, alter, sell, re-sell, advertise, distribute, publicly display, reproduce, import, export or exploit our products in any manner. A breach of our intellectual property by the User shall be considered as breach of these Terms and constitute an offence under Indian intellectual property laws, including but not limited to, patent, copyright and trademark laws.

 

4.         User conduct

 

4.1       Lilas Wellness grants you a non-exclusive, revocable and limited license to access and use the Website. Content on the Website is provided to you on an “AS IS” basis and only for your information, personal and non-commercial use. Lilas Wellness makes no representations and warranties regarding the content on the Website. Further, any unauthorized use of the Website by User may violate applicable laws including but not limited to copyright and trademark laws.

 

4.2       Users agree to abide by these Terms. In the event that User does not abide by the Terms, or uses the Website in an unlawful or any other manner that may damage, disable, burden or impair the Website or its functioning or interferes with any other User’s use and enjoyment of the Website in any manner, Lilas Wellness may, in its sole and absolute discretion, take necessary remedial action, including but not limited to restricting, suspending or terminating that User’s access to the entire or any part of the Website; deactivating or deleting User’s account; cancelling User’s subscription.

 

4.3       Other than the personal information which is covered and defined under our Privacy Policy, any information, communication that the Users submit, transmit or post on the Website shall be considered as non-confidential and non-proprietary. Users further agree to provide their complete and accurate personal information during, including but not limited to, registration or subscription on the Website, filling up surveys or questionnaires, and at all other times, as and when required by us. Users also agree to keep such information updated and promptly notify us in case of any change.

 

4.4       Users agree to receive all communication from us by marking our e-mails to their “safe senders” list. Lilas Wellness shall not be liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.

 

4.5       Users are responsible for maintaining the confidentiality of their accounts and passwords. Users further agree to notify us in the event of any unauthorized use of their passwords or accounts or any other breach of security.

5.         Limitation of Liability

 

5.1       Users shall access and use the Website voluntarily and at their own risk. Lilas Wellness shall not be held liable and responsible for any loss or damage sustained by the Users or any other person during the course of accessing or using the Website.

 

5.2       In no event, including but not limited to negligence, shall Lilas Wellness or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content thereto.

 

5.3       Lilas Wellness shall not be liable for any errors or omissions, whether on its behalf or third parties with respect to content hosted on its Website.

 

5.4       We assume no liability and responsibility for any loss or damage caused by viruses, trojans or other forms of malware, adware or malicious programs which may affect the User’s computer system or User’s account on the Website, which may disrupt User’s access and use of the Website. User is expected to use adequate anti-virus protection to guard against possible attacks by malicious software. If the User is dissatisfied with the Website, User’s sole remedy is to discontinue the use of the Website.

 

6.         Indemnity

 

            By accessing our Website, Users hereby agree to indemnify our directors, officers employees, affiliates, successors, agents, representatives, licensors in the event of, including but not limited to loss, personal injury, damages whether direct or indirect, consequential, foreseeable or due to some negligent act or omission on their part or otherwise from and against all liabilities, costs, third party claims, loss or expense arising out of their use of the Website, violation of these Terms, or infringement of other User’s personal information, of any intellectual property or right of any other person or entity. Lilas Wellness shall promptly notify the User of any such claim, loss, liability, or demand, and in addition to User’s foregoing obligations.

 

7.         Disclaimers

 

7.1       Lilas Wellness does not have any license nor authorization to give professional medical advice.           The content on the Website including but not limited to text, images, graphics, client testimonials, audios, illustrations, photographs and other visuals, are solely for informational and illustrational purposes and do not constitute and/or substitute professional medical advice, diagnosis, treatment, cure, prevention, medication or recommendations of any kind. Reliance on any information appearing on the Website for the purpose of any medical treatment shall be solely at the User’s risk.

 

7.2       Client testimonials on our Website and/or messages/comments on our social media handles, express views of the authors of the testimonials or messages and must not be considered as views of Lilas Wellness. This content has not been created and verified by us. We do not give any representations and warranties for the completeness, accuracy or usefulness of this content.

 

 

8.         Our Products

 

8.1       Users agree to purchase our products only through authorized e-commerce platforms or brick and mortar stores. Lilas Wellness does not give representations and warranties for the quality, authenticity, genuineness of the products in the event the User purchases them from any unauthorised platform or store.

 

8.2       Lilas Wellness shall not be responsible for the availability of its products on the authorized platforms and stores. Lilas Wellness shall also not be responsible in the event the User is unable to purchase our products on the authorized online platforms due to online congestion, technical issues or any other fault with these platforms.

 

8.3       User’s correspondence, transactions and other activities with these platforms or stores, are solely between the User and that third party. Lilas Wellness shall not be liable and responsible for any loss or damage caused to the User by interacting with these third parties, including loss of personal information such as name and contact details, financial details, passwords, etc.         

 

9.         Third party sites

 

Lilas Wellness shall not be responsible for the content and availability of content of third party sites linked to or from its Website. Users acknowledge that we have no control over the content and services provided by any third party site and we shall not be liable and responsible for the completeness, accuracy, integrity, quality of the content and material available on these sites. Users further acknowledge and agree that we shall not be liable, directly or indirectly, for any loss or damage caused to them by the use, whether direct or indirect, of these third party sites and their products and services.

 

10.       Governing law and dispute resolution

 

            These Terms and any contractual obligation between the User and Lilas Wellness shall be governed by the laws of India and subject to exclusive jurisdiction of the courts in Mumbai.

 

11.        Miscellaneous

 

11.1      These Terms, including all policies and practices existing at the time of visiting, accessing and/or using the Website, shall constitute the entire agreement between the User and Lilas Wellness and its related entities and shall govern the use of our Website, superseding any prior agreements that any User may have had with us.

 

11.2      If any part or provision of these Terms is held unlawful, rendered void or unenforceable, that part or provision shall be severed and the remainder of the Terms shall remain in effect.

 

11.3      Any claim or cause of action arising out of or in connection with the use of the Website, arising out of or in connection with these Terms or any contractual obligation must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.

 

11.4      Lilas Wellness reserves the right to moderate, restrict, suspend or stop the use of our Website, specifically to any User or generally, in accordance with its policy/policies from time to time, at its sole and absolute discretion and without any notice. We also reserve the right to permanently close or temporarily suspend our Website.  

 

12.       Contact Us

 

If Users have any question, clarification, issue or concern with respect to these Terms, please email at: info@lilaswellness.com with the subject: “Website Terms of Use”

PRIVACY POLICY

Last updated:  April 23, 2019

 

Lilas Wellness, owned and managed by Radee Health Ventures Private Limited (“Lilas Wellness”, “we”, “us”, “our”), aims to create innovative products and solutions which promote female well-being. We respect every individual’s right to privacy and it is our endeavor to protect their personal and sensitive personal data or information (defined below).

 

This Privacy Policy (“Policy”) applies to all visitors (i.e. those who are not registered with Lilas Wellness) and users (i.e. those who are registered with Lilas Wellness) (collectively referred to as “User”) who share their personal and sensitive personal data with us, while visiting, accessing, browsing and using our website (“Website”). The purpose of this Policy is to inform Users regarding collection, processing and maintenance of their data. Before submitting any information to us, please carefully read this Policy to understand how we shall treat your personal and sensitive personal data or information.

 

The User acknowledges that this Policy is a part of the Terms of Use (to be hyperlinked) and all terms defined in the Terms of Use have the same meaning here in this Policy. Access, browsing and continuous use of the Website constitutes the User’s unconditional consent to this Policy read together with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and use our Website or products. This Policy can be easily accessed at various places on our Website, including but not limited to when a you enter the Website, register or subscribe for availing our products, fill surveys or questionnaires, and at the bottom of the home page.

 

Lilas Wellness reserves its right to modify, alter, and update this Policy at any time, with or without prior notice. Although, Users shall be notified of material changes through their registered e-mail address or any other mode of communication, it is advised that they consult this Policy regularly to be updated about the changes. If a User continues to use or avail services of the Website after any modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to the User or published on the Website, such User hereby is deemed to provide consent to this Policy and Lilas’s other Policies and practices existing at the time of visiting, accessing and/or using the Website.

 

This Policy is published in compliance of:

(i)         Section 43A of the Information Technology Act, 2000 (“Act”)

(ii)        Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

 

1.         Definitions

 

1.1        Personal information

 

The Act defines personal information as any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with a body corporate, capable of identifying such person. A person’s name, age, date of birth, postal address, e-mail address and mobile number are some of the examples of personal information.

 

1.2       Sensitive personal data or information

 

As per SPI Rules, sensitive personal data or information of a person means such personal information which consists of information relating to:

(i)         password

(ii)        financial information such as bank account or credit card or debit card or payment instrument details

(iii)       physical, physiological and mental health condition

(iv)       sexual orientation

(v)        medical records and history

(vi)       biometric information

(vii)      any detail related to the above clauses as provided to body corporate for providing any service

(viii)     any information received by body corporate under lawful contract or otherwise in connection with the above clauses

 

Information which is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information.

 

2.         Types of information we collect

 

The Users who access and use our Website are required to submit certain personal information for subscription, registration, participation in surveys or filling up questionnaires, and customer support services. This information may include the following:

(i)         full name and age

 (iii)      postal address

(iv)       e-mail address

(v)        mobile number

(vi)       internet protocol (IP) addresses (through cookies)

(vii)      call records

(viii)     details of the User’s emotional, social and occupational well-being

(ix)       any other information relevant for accessing and using our Website

 

Users may also be asked to share certain sensitive personal data or information as we may deem appropriate. Such sensitive personal data or information shall be strictly regulated in accordance with the SPI Rules.

 

3.         Purpose of collection

 

We shall collect your personal information and any sensitive personal data or information only for specific, clear and lawful purposes. These include:

 

(i)         to give the User a personalized experience while using our Website

(ii)        to improve our products

(iii)       to respond to your queries generally related to women’s health, our products, etc

(iv)       to send promotional e-mails containing information about our existing and new products, newsletters, notify changes in this Policy or other policies etc

(v)        to analyze the traffic on our Website and conduct market research

(vi)       to create new products and services

(vii)      to provide customer support services

(viii)     to detect, prevent and address technical issues

 

4.         Collection and Disclosure of information

 

4.1       By virtue of accessing and/or using our Website, the User agrees to the collection, use, storage, possession, receiving, dealing or handling of the User’s personal information (defined in Clause 1.1).

 

4.2       Any sensitive personal data or information (defined in Clause 1.2) shall be collected in accordance with SPI Rules and consent shall be deemed to be given by having confirmed to have read the present Policy.  

 

4.3       All personal information and sensitive personal data or information shall be collected only for the purposes outlined in this Policy and necessary for fulfilment of those purposes.

 

4.4       We collect information which the User voluntarily provides us at the time of visiting, accessing, browsing and using our Website, our social media profiles, and customer support service. We also collect data automatically by analyzing your online behavior (through cookies). If the User chooses to visit or register on our Website through any of the social media networks integrated with our Website, we may receive your information that is available on those networking sites.

 

4.5       The User has the option to not share its sensitive personal data or information if sought to be collected by us. The User also has the right to withdraw consent to collect, store or disclose such sensitive personal data or information, if collected.. In case consent is withdrawn in accordance with the SPI Rules, the User’s data may not be deleted entirely and we reserve the right to limit access to the various features and services provided by us on the Website.

 

4.6       We may share the User’s personal information and sensitive personal data or information with our trusted affiliates and any other third party, only to the extent and for purposes stated in this Policy, data analysis, storage, complying with legal processes, preventing fraud or imminent harm, ensuring the security of our network. We reserve our right to disclose sensitive personal data or information to any government institution and authority, where we are obligated by law for the purpose of verification of identity, or for prevention, detection, investigation, including cyber incidents, prosecution and punishment of offences, governmental requests, judicial decree or order, for enforcing and protecting our or others’ legal rights, for seeking any relief, defending any charge, opposing any claim or obtaining any legal advice.

 

5.         Use of cookies and other technologies

 

To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar technology to collect information and assign each visitor a unique random number called as a User Identification (User ID) in order to understand the User’s individual interests. Unless the User voluntarily identifies himself/herself (e.g., through registration), we have no way of knowing who the User is even if we assign a cookie to the User’s computer. A cookie cannot read data off the User’s hard drive. Our advertisers may also assign their own cookies from the User’s browser (if the User clicks on their ad banners), a process that we do not control and are in no way involved in.

 

Our web servers automatically collect limited information about the User’s computer connection to the Internet, including User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers connected to the Internet know where to send data to the User such as the web pages viewed by the User). The User’s IP address does not identify the User personally. We use this information to deliver our web pages to Users upon request, to customize our products and solutions to their individual needs and interests and to measure traffic within the Website.

 

6.         Links to other websites

 

The Website provides links to other websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of any information by such sites and that we shall not be responsible for the privacy policies, practices or content of the linked websites. If any third party website is used to access our Website or services, the User agrees to comply with all terms and conditions associated with such third party website.

 

7.         Correction and updation of information

 

The Users have the right to review, update and modify the personal information or sensitive personal data or information provided them. The Users also have the onus to ensure that all information provided to us is complete, accurate and legal. The Users agree that Lilas Wellness shall not be responsible for the authenticity of the personal information and sensitive personal data or information provided by the Users.

 

8.         Retention of information

 

Your personal information, including sensitive personal data or information, may be retained and may continue to be used until: (i) the relevant purposes outlined in this Policy are no longer applicable; and (ii) we are no longer required by applicable law, rules, regulations, contractual obligations or legitimate business purposes to retain it and its retention is not required for the establishment, exercise or defense of any legal claim by us.

 

9.         Mailers

 

We may periodically send promotional e-mails, newsletters, information about new products, policy related changes, etc directly on the User’s registered e-mail address. The User has the right to opt-out of receiving such mailers by following the procedure to unsubscribe as mentioned in these e-mails. If a User wishes to opt-out, then we shall take all necessary steps to remove the User from the list.

 

10.       Anti-spam policy

 

We recognize the receipt, transmission or distribution of spam e-mails (unsolicited bulk e-mails) as a major concern and have taken reasonable measures to minimize the transmission and effects of spam e-mails in our computing environment. Accordingly, all e-mails received by us are subject to spam check. Any e-mail identified as spam will be rejected and deleted. With this measure, along with other technical spam reduction measures, we hope to minimize the spread and effects of spam e-mails. We reserve the right to reject and/or report any suspicious spam e-mails, to the authorities concerned and/or to the sender of such e-mails, for necessary action, from time to time.

11.        Advertising

 

When we present information to our online advertisers, in order to help them understand our audience and ascertain the value of advertising on our Website, it is usually in the form of aggregated statistics on traffic to various pages within our Website. When you register with us, we contact you from time to time about updating your content to provide features which we believe may benefit you. Several deceptive e-mails, websites, blogs etc. claiming to be from or associated with us may be circulating on the Internet. These e-mails, websites, blogs etc. often include our logo, photos, links, content or other information. E-mails, websites, blogs etc. claiming to be associated with us may contact the User. The sources and contents of these e-mails, websites, blogs etc. and accompanying materials are in no way associated with us. For your own protection, we strongly recommend not responding to such e-mails or using these websites, blogs etc. We may use the information provided by you, including your e-mail address or phone number, to contact you about our products used by you or to inform you about new products.

 

12.       Conditions of Use

 

We do not warrant that our Website, servers, or communications sent by us or on our behalf are virus free. We will not be liable for any damages of any kind arising from the above, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.

 

13.       Applicable Law and Jurisdiction

 

By visiting, accessing and using our Website, you agree that the laws of the Republic of India without regard to its conflict of laws principles, govern this Policy and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process set out in the Terms of Use. In case of any dispute, courts of Mumbai, India shall have exclusive jurisdiction.

 

14.       How we secure the information

 

14.1      Our security practices are compliant with applicable law and security standards.

 

14.2     The Website has put stringent measures necessary to prevent misuse, unauthorized access, modification, disclosure or destruction of personal information including sensitive personal data or information in our control. All information gathered by us is stored on servers secured behind a firewall; such servers are password-protected and access is strictly limited based on need-to-know basis. The Website may use methods like de-identification, anonymization and encryption by deleting or encrypting fields (such as name, e-mail addresses, mobile numbers, etc) that identifies the User. Research and analytics may then be undertaken only on such de-identified data. However, we understand that as effective as our security measures are, no security system is impenetrable. Thus, we cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.

 

14.3     We undertake periodic review and audit of our security safeguards and this Policy to incorporate such future changes as may be appropriate to ensure that integrity of your information is intact. In case of any security breach which is likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the breach or mitigate any immediate harm.

 

14.4     If you seek any clarifications regarding this Policy or wish to raise any issue or grievance, please e-mail at info@lilaswellness.com. We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of the question, concern, grievance or report.