FOR THE PURCHASE OF HEALY WORLD PRODUCTS AND PACKAGES TO A HEALY WORLD FREQUENCY PROGRAMME, THE FOLLOWING TERMS AND CONDITIONS APPLIES BY MAKING ANY PURCHASE ON OUR WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
1.1. The following website is administered by Healy World Trading India Private Limited (“Healy World”), a company incorporated and existing under the Companies Act, 2013 under the laws of India having its registered address at Level 2, Elegance Tower, Old Mathura Road Jasola, New Delhi- 110025 and its corporate address at New No. 51, Old No. 14, Richmond Road, Bengaluru, Karnataka- 560025.
Please read the following terms and conditions carefully before accessing and making any purchase through the website.
These Terms and Conditions constitute a legally binding agreement between you and Healy World and govern all the offers presented on the Website and all purchases of Healy World Products and Packages to the Healy Frequency Programmes made through the Website.
They apply to all contracts concluded via the official website https://help.healy.world/customer-login/ ( “Website”) of Healy World with a customer who is a consumer, i.e. any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession (hereinafter “Consumer” or “You”).
By registering, subscribing, or purchasing products or other content, you agree to these terms and conditions.
1.2. You may only order a Healy World device or accessory (“Healy World Products”) and/or take out Packages to a Healy Frequency Programme (“Healy World Packages”) if you are at least 18 years of age (21 years in case of Maharashtra) and agree to be bound by these Terms and Conditions.
1.3. Part A of these General Terms and Conditions contains provisions for the purchase of a Healy World product. Part B of these General Terms and Conditions contains special provisions for the conclusion of a Healy World Packages. While Part C and the rest of the provisions not covered either in Part A or Part B, (such as Clauses 1, 2, etc.) are applicable in general subject to the specific Parts.
- CONCLUSION OF THE CONTRACT
2.1. The presentation of Healy World Products on the Website does not constitute a legally binding offer, but a non-binding Healy World Product and Packages catalogue. While we use reasonable efforts to include accurate and current information on our Website, we do not warrant or represent that the Website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Website, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
2.2. In order to place an order, the consumer may first place Healy World Products and/or Packages in the shopping basket without obligation and then correct his entries at any time by using the “Back” button on his browser before placing the binding order. In the shopping basket itself, he can change the quantity or remove a Product/Packages from the shopping basket at any time.
2.3. Thereafter, the consumer must enter all data requested as the same is relevant to the processing of the order (first and last name, billing and delivery address, selection of payment method and payment data, e-mail address, etc.). During the ordering process, Healy World provides the consumer with technical means in the form of a customary completeness and plausibility check (checking whether all mandatory fields have been filled in and whether the characters entered match the corresponding mandatory field), with the help of which the consumer can identify any input errors. Afterwards, the consumer’s order data is summarised once again for verification.
2.5. The General Terms and Conditions can be printed out via the “Print” function and saved via the “Save” function.
2.7. If acceptance of the consumer’s order is not expressly declared within five working days of receipt of the confirmation of receipt by Dispatch Confirmation or Order Confirmation, the consumer’s offer to purchase and conclude the contract is deemed to have been rejected.
2.8. Healy World shall use all reasonable endeavours to provide a specific, clear and detailed description of the features, price and availability of each Healy World Product offered by Healy World.
- PRICES; TERMS OF PAYMENT
3.1. The prices stated on the website in Rupee include statutory GST and other price components and are exclusive of the respective flat-rate delivery charge, if any, is automatically indicated in the shopping basket. The total purchase price for the Order placed by you including GST and, if applicable, shipping costs will also be displayed in the order mask before you submit the order.
PART A – BUYING A HEALY WORLD PRODUCT
- DELIVERY; RETENTION OF TITLE
4.1. An order for Products will be delivered to the address notified by the consumer to Healy World.
4.2. Healy World will deliver the ordered Healy World Products no later than 30 calendar days after the conclusion of the sales contract.
4.3. Healy World reserves the right not to refund any delivery charges paid by the consumer if, after the delivery charge has been paid and delivery has been initiated, the consumer wishes to change the delivery method to a cheaper delivery option or to self-collect or to a new, cheaper delivery address. Healy World also reserves the right to charge any additional delivery fee incurred, if the consumer subsequently wishes to change the address provided or change the method of delivery to a higher priced delivery option.
4.4. Healy World reserves the absolute right to deliver any Product order or part thereof before the expected delivery date, provided that this is reasonable and without further cost to the consumer.
4.5. The risk of loss of or damage to the Healy World Product which is the subject of an Order shall pass to the Consumer (a) when the Consumer or a third party nominated by the Consumer other than the Carrier has taken possession of the Healy World Product; or (b) on delivery of the Healy World Product to the Carrier, if the Carrier has been instructed by the Consumer to transport the Product and such choice has not been offered by Healy World , without prejudice to the Consumer’s rights against the Carrier.
4.6. Notwithstanding any restrictions on delivery and/or the passing of risk, Healy World shall retain title to the Healy World Products until Healy World has received payment in full for all Healy World Products which are the subject of an Order.
- WARRANTY- RETURNS, REFUNDS AND EXCHANGE
5.1. Please refer to our Healy World’s Return Policy (Including Exchange Policy) for your rights of withdrawal from contract to return any Healy World Product and exchange any defective product as a consumer and for warranty offered including its limitation at https://india.healy.shop/return-policy/.
5.2. Claims for damages due to defects are subject to the statutory provisions, modified by the provisions in Clause 6.
5.3. The Right of Withdrawal does not apply to the following:
a) Contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
b) Contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5.4. In the case of promotional offers, any equipment and/or accessories that you have received free of charge as part of your order must be returned together with the equipment and/or accessories that are not promotional items in order to receive a refund.
6.1. Healy World shall always be liable irrespective of the nature of the breach of its obligations under the contract, including tort, if the breach of obligation is due to intent or gross negligence.
6.2. In the event of a breach of material contractual obligations by Healy World , its legal representatives or vicarious agents, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may generally rely, Healy World shall be liable for any breach due to negligence, but in the case of slight negligence liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract.
6.3. Limitations and exclusions of liability under this Clause 6 shall not apply:
• in the event of injury to life, limb, or health,
• in the event of fraudulent concealment of defects,
• in the event of liability for claims under the Product Liability Act,
• in the event of gross negligence on the part of the organs or executive employees of Healy World or
• to the extent that Healy World has given a guarantee as to quality or durability.
6.4. Where liability is excluded or limited under this Clause 6, this shall also apply to Healy World’s employees, representatives, and agents.
6.5. The above liability provisions shall apply mutatis mutandis to futile expenses.
6.6. Healy World shall not be liable for any damage resulting from improper use of the Healy World Product by the consumer.
PART B – CONCLUSION OF A HEALY WORLD PACKAGES
In addition to purchasing the Healy World product, you can also take out a Healy World Packages via the website.
- SCOPE AND USE OF THE HEALY WORLD PACKAGES
7.1. The Healy World Packages grants you the right to use the Healy Frequency Programme and other services contained therein (“the Services”).
7.2. The Healy World Packages may not be used by any other person or entity.
7.3. We may offer some Services on a monthly Packages basis, individually or as a Packages of different programmes.
- PRICES; TERMS OF PAYMENT
8.1. When you purchase the Healy World Packages having different validity periods, the first payment is due from the date of your order and then will automatically renews on the expiry of the purchased Packages validity.
- TERM AND CANCELLATION OF HEALY WORLD PACKAGESS
9.1. Term and renewal of the Healy World Packages:
A paid Healy World Packages has a term validity as purchased by you. The paid Packages will automatically renew indefinitely depending upon the validity period of Packages purchased, unless cancelled by you prior to renewal.
9.2. Terms and renewal of the MagHealy Packages:
The Healy World Packages comes with the following validity term and automatically renews (wherever legally allowed) to provide you with a seamless and hassle-free experience:
3-month Packages (automatically renewed for three months after expiry)
6-month Packages (automatically renewed for six months after expiry)
12-month Packages (automatically extended by one month after expiry)
The following discounts apply when Packages with longer terms and/or additional MagHealy applications are taken out:
On the basis of Packages validity terms:
3-month Packages = 5% discount
6-month Packages = 10% discount
12-month Packages = 20% discount
On the basis of number of devices:
2 MagHealy applications = 20% discount
3 MagHealy applications = 33% discount.
Healy World reserves the right to unilaterally modify or terminate these special terms at any time without notice or reason.
9.4. You may cancel any Healy World Packages(s) that you no longer wish to receive by simply clicking the button in your BackOffice, under Packages, or by sending us a message at firstname.lastname@example.org. In event of cancelation of renewal, the Packages purchased and running will continue to run till the end of its validity term. Please be informed that in the event that the Packages is terminated at any time prior to the expiration of the Packages period, the payment made in advance will not be refunded for the unused period.
9.5. The possibility of extending a Packages to the longer term is only possible after the current Packages has been cancelled. If a change is made to a Packages with a longer term as part of an existing Packages, the monthly due date for payment for the first Packages remains in effect until expiry.
- CHANGES TO THE CONDITIONS OF THE PACKAGES OFFERS
Healy World may, in its sole discretion, change the price/discounts of Packages offered at any time. Healy World will notify its customers of any price increase at least 30 days before it takes effect by email to the address provided at registration. In notifying its customers of the price increase, Healy World shall also specifically inform its customers of the right to extraordinary termination, the period of notice and the consequences of a termination not received in due time, which shall apply exclusively to price adjustments. If the Packages is not cancelled, the new price shall apply to the user from the next due date of the Packages purchased.
- OPERATIONAL STABILITY
Healy World frequency Packages programmes are provided with the highest possible degree of operational stability, but Healy World is not responsible for outages caused by factors beyond its control. Such failures include, but are not limited to, power outages, failures in modem equipment, telecommunications links, or the like. In any event, Healy World will endeavour to restore normal operation as soon as possible.
- MAINTENANCE OF THE SYSTEM
Healy World may, without prior notice, make operational changes to the Healy Frequency Programs for improvement or other purposes (e.g., by developing or updating software). In certain circumstances it may be necessary to suspend access to the Frequency Programmes. Any such suspension, if foreseeable, will be notified to you in advance.
- RIGHTS TO THE FREQUENCY PROGRAMMES AND THE HEALY WORLD APPLICATION
13.1. The Healy Frequency Programs shall remain the absolute property of Healy World. Customised software for Frequency Programs shall also remain the property of Healy World unless otherwise agreed. Healy World may assign its rights and obligations under this Agreement at any time to a commercially affiliated subsidiary or business unit, or to any affiliate or division thereof. Except as provided above, the rights and obligations under this Agreement may not be transferred to a third party without the written consent of the other party. In the event of such a transfer, you shall have the right to withdraw from the contract.
13.2. Healy World will provide updates to Apps as necessary and appropriate. Healy World reserves the right to provide additional updates at its sole discretion. Healy World reserves the right to make changes to the Apps at any time in a manner reasonably acceptable to the user, for example, to enhance the Apps and improve the user experience. This right applies to both technical and content adjustments.
- LIABILITY OF HEALY WORLD
Healy World has taken reasonable steps to ensure that the Frequency Programs are free from malicious software, but no warranty is provided that the Programs will remain free of infection from a malicious software. To the fullest extent permitted by law, Healy World disclaims all warranties, express or implied, with respect to the Frequency Programs, including but not limited to implied warranties of fitness or suitability for a particular purpose.
In all other respects Healy World shall be liable in accordance with Clause 6.
- RIGHT OF WITHDRAWAL
18.4 In the case of a contract for the purchase of digital content subject to Healy World’s Return Policy, the right of withdrawal from sales contract shall also expire if performance of the contract has commenced after you have consented to the commencement of performance of the contract before the expiry of the cancellation period and have confirmed your knowledge that you thereby lose your right of withdrawal.
PART C – OTHER
- DATA PROTECTION AND CONFIDENTIALITY
16.1. Data processing is carried out in accordance with the relevant data protection laws. For the rest, please refer to the information on data protection on our website: https://india.healy.shop/privacy/
16.2. Healy World has implemented the necessary technical and organisational security measures in accordance with the legal requirements to ensure the security of the personal data processed.
16.3. Healy World is required to maintain the confidentiality of all information obtained about you and will not disclose such information to any third party unless required to do so by a court or regulatory authority of competent jurisdiction, and then only to the extent necessary.
- FINAL PROVISIONS
17.1. Contracts between Healy World and the consumer shall be governed by the law of India. However, this choice of law shall only apply to the extent that the consumer is not thereby deprived of the protection afforded to him by provisions which may not be derogated from by agreement under the law which, in the absence of a choice of law, would have been applicable on the basis of statutory provisions. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
17.2. The place of jurisdiction for all disputes arising from the contractual relationship between the consumer and Healy World, is the competent court of the country in which Healy World has its registered office, which is New Delhi. All disputes arising out of the present Terms and Conditions, whether direct or indirect, shall be mandatorily arbitrated between the parties by a sole arbitrator. The Arbitrator shall be chosen by the consumer out of the list of at least 3 arbitrators provided by Healy world. The seat and venue of the arbitration shall be New Delhi and will be conducted under the laws of India.
Healy World Trading India Private Limited
Level 2, Elegance Tower, Old Mathura Road Jasola,
New Delhi- 110025
Version: June 2023