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Terms of Use

Scoopwell Terms of Use Agreement

Welcome and thank you for your interest in Scoopwell Nutrition Private Limited (“Scoopwell”, “we”, “us” or “our”). This Terms of Use Agreement (“Terms of Use”, and together with any applicable Supplemental Terms (as defined below), the “Agreement”) describes the terms and conditions that apply to your use of (i) the website located at www.scoopwell.in and its subdomains and any of Scoopwell’s other websites on which a link to these Terms of Use appears (collectively, the “Website”), (ii) any mobile application(s) that we offer subject to these Terms of Use (each, an “Application”), and (iii) the products, services, content, and other resources available on or enabled via our Application or Website (the “Services”).

Please read this Agreement carefully. This Agreement governs the use of the Services and applies to all users visiting or accessing the Services. By accessing or using the Website, Application, or Services in any way, accepting this Agreement by clicking on the “I Accept” button, completing the account registration process, browsing the Website, or downloading the Application, you represent that: (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of at least eighteen (18) years of age; and (3) you are not barred from using the Services under the laws of the Republic of India, your place of residence or any other applicable jurisdiction; and (4) you have the authority to enter into this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Website, Application, or Services.

The Agreement is subject to change by Scoopwell in its sole discretion at any time as set forth in Section 15.4 (Agreement Updates).

1. Our Services

Scoopwell is an online platform that allows people motivated by health and wellness to track and share their supplement regimen and preferred products with a like-minded community to help achieve health goals. The Services and the information and content available on the Services are protected by applicable intellectual property (including copyright) laws. Subject to your compliance with this Agreement, Scoopwell grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application through which you access or use the Services, that you own or control and to run such copy of the Application solely for your own personal purposes. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms (the “Supplemental Terms”), and you hereby agree and acknowledge that such Supplemental Terms shall be deemed to form part of the “Agreement”. In the event of inconsistency between these Terms of Use and the Supplemental Terms, then the final decision regarding such inconsistency shall be at the sole discretion of Scoopwell. You understand that the Services are evolving. As a result, Scoopwell may require you to accept updates to the Services. Scoopwell may require you to install updates to the Applications that you have installed on the devices through which you access or use the Services. You acknowledge and agree that Scoopwell may update the Services from time to time. You may need to update third-party software from time to time in order to continue to use the Services. Any future release, update or other addition to the Services shall be subject to this Agreement.

2. Registration

In order to access certain features of the Services, you will be required to register an account on the Services (“Account”). To register an account on the Services, you may either authenticate through using Apple OAuth or Google OAuth, or through the option of a one-time-password authentication feature, as may be sent to your mobile number, email address or both, at the discretion of Scoopwell. Upon such registration, you represent that you are at least eighteen (18) years old, and you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You shall restrict use of your Account by others, including minors, and accept full responsibility for any unauthorized use of the Services by minors. If you provide any information that Scoopwell has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Scoopwell has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You shall not have more than one Account at any given time. Scoopwell reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Scoopwell, or if you have been previously banned from any of the Services.

3. Scoopwell Communications

By entering into this Agreement or using the Services, and providing us with your contact information, you agree to receive communications from us, including via e-mail or push notifications. We may send you communications from us and our affiliated companies. Such communications may include, without limitation: (i) operational communications concerning your Account or your use of the Services; (ii) updates concerning new and existing features of the Services; (iii) communications regarding promotions offered by us or our third-party partners; (iv) news concerning Scoopwell and industry developments; and (v) other marketing or promotional messages.

By creating an Account, subscribing to our Services, or otherwise providing your contact details, you expressly consent to receive operational and service-related communications that are necessary for the provision of the Services.

You will receive marketing or promotional communications from us only if you have expressly opted in to receive such communications. Where required by applicable law, we will obtain your prior consent before sending marketing communications.

You may withdraw your consent to receive marketing or promotional emails at any time by clicking the “unsubscribe” link included in such emails or by contacting Scoopwell at the contact details provided in this Agreement. Unsubscribing from marketing communications will not affect our ability to send you service-related or transactional communications necessary for the operation of your Account or the provision of the Services.

4. AI Chatbot Feature

The Services may include access to an AI-enabled chatbot (the “Chatbot”) that generates automated responses to user inquiries relating to general information about supplements, products, and related content available through the Services. The Chatbot is powered by machine learning and large language model technologies made available by Scoopwell and its third-party technology providers.

The Chatbot generates responses algorithmically based on a combination of (a) Scoopwell’s internal product and content data, (b) information you choose to input into the Services, and (c) generalized training data used to develop the underlying AI models. The Chatbot does not independently verify user inputs and does not have access to your complete medical history or circumstances. As a result, responses may be incomplete, inaccurate, outdated, or not applicable to your specific situation.

The Chatbot is provided for general informational purposes only. It does not provide medical advice, diagnosis, treatment recommendations, or clinical decision support, and it is not intended to substitute for professional medical judgment. No physician–patient, provider–patient, fiduciary, or other healthcare relationship is created through your use of the Services or the Chatbot.

You should consult a qualified healthcare professional before starting, discontinuing, or modifying any supplement, medication, diet, or health-related routine. The Chatbot must not be used for medical emergencies. If you believe you are experiencing a medical emergency, contact your local emergency services immediately.

To operate, maintain, and improve the Chatbot and the Services, Scoopwell may collect and process Chatbot interactions, including message content and associated technical metadata. Where feasible, Scoopwell will implement reasonable technical and organizational measures to de-identify or minimize personal data prior to using such interactions for analytics, quality assurance, system improvement, safety monitoring, fraud prevention, and compliance purposes. Scoopwell may engage third-party service providers, including AI technology providers, to process such data strictly on its behalf and subject to contractual confidentiality and data protection obligations.

Your use of the Chatbot remains subject to the Privacy Policy, which governs how personal data is collected, used, shared, and retained.

You acknowledge that automated systems are inherently probabilistic and may generate content that is inaccurate or inappropriate. You are solely responsible for evaluating and independently verifying any information generated by the Chatbot. Scoopwell disclaims all representations and warranties, express or implied, regarding the accuracy, completeness, reliability, or fitness for a particular purpose of Chatbot outputs. The disclaimers and limitations of liability set forth in Sections 10 and 11 apply fully to the Chatbot and any outputs generated through it.

5. Responsibility for Content and User Conduct

5.1 Content

The Services may contain information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and other materials (collectively, “Content”). Content made available through the Services may originate from Scoopwell, users of the Services, or third parties.

You acknowledge and agree that each person or entity that originates Content is solely responsible for such Content. Accordingly:

Scoopwell does not control and does not assume responsibility for User Content and does not guarantee the accuracy, integrity, or quality of any User Content made available through the Services. Scoopwell reserves the right, but does not undertake the obligation, to review, monitor, remove, or modify Content at its sole discretion.

Scoopwell does not claim ownership of Your Content. However, by submitting or making available Your Content through the Services, you represent and warrant that:

You further acknowledge and agree that, by submitting Your Content to your profile, forums, comments, or any other area of the Services, Scoopwell may identify you by your username (including a pseudonym, if applicable) as the contributor of such Content in connection with its display, distribution, promotion, or publication through the Services or related materials, subject to the license granted in Section 6.3 (License to Your Content).

5.2 Public Access

General members of the public do not need to be signed in to view some content on Scoopwell. They may also find Scoopwell content on other websites, such as from search query results displayed on Internet search engines. Unless you specifically opt out through the Services, your profile will be set to public and will be viewable by other users of the Services and potentially the public. However, certain features and functionality of the Services may enable you to specify the level at which the Services restrict access to Your Content. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting.

5.3 User Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to: (i) license, sell, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Services (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Scoopwell’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services; (vi) impersonate any person or entity, including any employee or representative of Scoopwell; (vii) interfere with or attempts to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; or (viii) take any action or make available any Content on or through the Services that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, offensive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (b) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (c) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Scoopwell’s prior written consent. Furthermore, Your Content in your profile shall not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Scoopwell in its sole discretion. You may not post or make available a photograph of another person without that person’s permission.

5.4 Investigations

Scoopwell may, but is not obligated to, monitor, review, screen, remove or restrict access to Content where reasonably necessary to: (i) comply with applicable law; (ii) enforce this Agreement; (iii) protect the rights, property, or safety of Scoopwell, its users, or third parties; or (iv) maintain the security and integrity of the Services.

Any monitoring or review will be conducted in accordance with applicable data protection and privacy laws. Nothing in this Agreement shall be construed as a waiver of any statutory privacy rights available to you under applicable law.

5.5 Interactions with Other Users

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Scoopwell reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that Scoopwell will not be responsible for any liability incurred as the result of your interactions with other users. Scoopwell is not responsible for and does not control User Content. Scoopwell does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.

6. Ownership

6.1 The Services

Except with respect to Your Content, you agree that Scoopwell and its suppliers or licensors, as applicable, own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Scoopwell software). You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Services.

6.2 Trademarks

Scoopwell, and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of Scoopwell and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

6.3 License to Your Content

Subject to your Account settings and this Agreement, you grant Scoopwell a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (solely for formatting or technical purposes), display, and distribute Your Content solely for the purpose of operating, maintaining, improving, and providing the Services.

This licence shall continue only for so long as Your Content remains available on the Services and shall terminate within a commercially reasonable period after deletion of such Content from active systems, subject to backup retention and legal compliance requirements.

Scoopwell may generate aggregated and de-identified data derived from Your Content and your use of the Services. Such aggregated data will not identify you personally and may be used for analytics, security, research, product improvement, and other legitimate business purposes in compliance with applicable law.

6.4 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Scoopwell through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Scoopwell has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Scoopwell a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Scoopwell’s business.

7. Fees

Scoopwell does not currently charge for access to the Services. However, Scoopwell reserves the right to charge fees for access to certain features of the Services and may require you to accept Supplemental Terms before permitting you access to such features.

8. Third-Party Services

8.1 Third-Party Websites and Ads

The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), advertisements for third-party products or services (“Third-Party Ads”), and links to third-party affiliate advertising program operators (including links to Amazon, where you may purchase certain products) (“Third-Party Products”) (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Scoopwell provides these Third-Party Services only as a convenience and, except as otherwise expressly stated on the Services, does not review, approve, monitor, or endorse any Third Party Services, and it does not make any warranties with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk and you make any purchases from Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Scoopwell reserves the right to display Third-Party Ads before, after, or in conjunction with Content posted on the Services. Scoopwell may receive a commission from third-party affiliate adverting program operators when you purchase Third-Party Products (and Scoopwell may earn from qualifying purchases) or share in revenue with the providers of such Third-Party Ads, and you acknowledge and agree that Scoopwell has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Scoopwell as a result of such advertising). You acknowledge that Scoopwell may partner with providers of Third-Party Services in delivering Third-Party Ads on the Services.

8.2 Third-Party Application Access

With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

8.3 Accessing and Downloading the Application from the Apple App Store

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

9. Indemnification

You hereby agree to indemnify, defend and hold harmless Scoopwell, and its affiliated entities, including its subsidiaries, group companies, affiliates, directors, officers, employees, agents, vendors, suppliers, customers, and users, Content providers and licensors (each, a “Scoopwell Party” and collectively, the “Scoopwell Parties”) from any and all direct or indirect damages, losses, claims, costs, liabilities and/or expenses (including reasonable attorneys’ fees) relating to or arising out of any and all matters in relation to the Services or the Agreement, including any of the following: (i) Your Content; (ii) your use of, or inability to use, the Services; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; (v) your violation of any applicable laws, rules or regulations; and (vi) any misrepresentation or breach of any warranty from your end, as provided under this Agreement. Scoopwell reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Scoopwell in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Services.

10. Disclaimer of Warranties

10.1 As Is

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE SCOOPWELL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. THE SCOOPWELL PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES OR CONTENT); (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE ADVICE, RESULTS, RECOMMENDATIONS, RATINGS, TRUSTSCORE INFORMATION OR OTHER INFORMATION AND CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR ERROR-FREE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SCOOPWELL MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCOOPWELL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FROM TIME TO TIME, SCOOPWELL MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SCOOPWELL’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

10.2 No Liability for Conduct of Other Users or Third Parties

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND THIRD PARTIES ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SCOOPWELL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SCOOPWELL PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS AND THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY SERVICES AND THAT THE RISK OF INJURY FROM SUCH OTHER USERS AND THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT SCOOPWELL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. SCOOPWELL MAKES NO WARRANTY THAT THE GOODS, PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SCOOPWELL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES.

10.3 No Healthcare or Medical Advice

YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES, OR ANY OTHER ANCILLIARY INFORMATION OR DATA PROVIDED IN RELATION TO THE SERVICES, WILL NOT AND SHALL NOT CONSTITUTE HEALTHCARE OR MEDICAL ADVICE IN ANY CIRCUMSTANCE WHATSOEVER. THE PRODUCTS AND CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THE SERVICES HAVE NOT BEEN EVALUATED BY FSSAI AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE. THE SERVICES, INFORMATION AND OTHER CONTENT PROVIDED ON THE SERVICES, INCLUDING INFORMATION THAT MAY BE PROVIDED ON THE SERVICES DIRECTLY OR BY LINKING TO THIRD-PARTY SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO PROVIDE TREATMENT DECISIONS OR TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE. SCOOPWELL DOES NOT OFFER OR PROVIDE ANY MEDICAL OR OTHER PROFESSIONAL HEALTHCARE ADVICE AND YOU UNDERSTAND THAT SCOOPWELL IS NOT A HEALTHCARE PROFESSIONAL. TO THE EXTENT YOU USE THE SERVICE TO OBTAIN NUTRITIONAL INFORMATION ABOUT OR RECOMMENDATIONS FOR SUPPLEMENTS, YOU ACKNOWLEDGE THAT: (A) RECOMMENDATIONS BY SCOOPWELL ARE INFORMATIONAL ONLY; AND (B) FOR RECOMMENDATIONS FROM OTHER USERS OR CONTENT PROVIDERS, SCOOPWELL IS SOLELY ACTING AS THE PROVIDER OF SOFTWARE TO FACILITATE THE EXCHANGE OF SUCH INFORMATION. SCOOPWELL IS NOT RESPONSIBLE FOR THE APPROPRIATENESS, SAFETY OR EFFECTIVENESS OF THE SUPPLEMENTS OR OTHER THIRD-PARTY PRODUCTS DESCRIBED ON THE SERVICES AND IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT WITH THE APPROPRIATE HEALTHCARE ADVISORS AS NECESSARY TO CONFIRM THE APPROPRIATENESS AND SAFETY OF SUCH SUPPLEMENTS OR PRODUCTS IN LIGHT OF YOUR INDIVIDUAL CIRCUMSTANCES PRIOR TO THEIR USE. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SCOOPWELL PARTIES SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE SCOOPWELL PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, ANY SCOOPWELL PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, SUCH LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID BY YOU IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE, OR (II) INDIAN RUPEES TEN THOUSAND ONLY (INR 10,000/-). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU RELEASE THE SCOOPWELL PARTIES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD THE SCOOPWELL PARTIES HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, BODILY OR MORAL (REPUTATIONAL) DAMAGES, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, PERSONAL INJURY OR LOSS OF OR DAMANGE TO PROPERTY CAUSED BY DEFECTIVE PRODUCTS, FRAUD AND OR FRAUDULENT MISREPRESENTATION, OR RECKLESSNESS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SCOOPWELL PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCOOPWELL AND YOU.

12. Procedure for Making Claims of Intellectual Property Right Infringement

It is Scoopwell’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Scoopwell by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Services of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for Scoopwell’s designated agent for notice of claims of infringement is as follows: Sunu Sunil, Scoopwell Nutrition Private Ltd, L-9, L-street, Jawahar Nagar, Kowdiar, Trivandrum.

13. Term and Termination

THE TERM OF THIS AGREEMENT COMMENCES ON THE DATE WHEN YOU ACCEPT THIS AGREEMENT (AS DESCRIBED IN THE PREAMBLE ABOVE), AND CONTINUES IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES, UNLESS TERMINATED EARLIER IN ACCORDANCE WITH THIS AGREEMENT. IF YOU HAVE MATERIALLY BREACHED ANY PROVISION OF THIS AGREEMENT, OR IF SCOOPWELL IS REQUIRED TO DO SO BY LAW (E.G., WHERE THE PROVISION OF THE SERVICES ARE, OR BECOME, UNLAWFUL), SCOOPWELL HAS THE RIGHT TO, IMMEDIATELY AND WITHOUT NOTICE, SUSPEND OR TERMINATE ANY SERVICES PROVIDED TO YOU. SCOOPWELL RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES AT ANY TIME WITHOUT CAUSE UPON NOTICE TO YOU. YOU AGREE THAT ALL TERMINATIONS FOR CAUSE ARE MADE IN SCOOPWELL’S SOLE DISCRETION AND THAT SCOOPWELL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCOUNT. IF YOU WANT TO TERMINATE THIS AGREEMENT, YOU MAY DO SO BY (I) NOTIFYING SCOOPWELL AT ANY TIME AND (II) CLOSING YOUR ACCOUNT FOR THE SERVICES. YOUR NOTICE SHOULD BE SENT, IN WRITING, TO SCOOPWELL’S ADDRESS SET FORTH BELOW. ANY SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY UPON SCOOPWELL’S RECEIPT OF YOUR NOTICE OF TERMINATION. UPON TERMINATION OF THE SERVICES OR THE APPLICABLE FEATURE OR FUNCTIONALITY THEREOF, YOUR RIGHT TO USE THE SERVICES OR THE APPLICABLE FEATURE OR FUNCTIONALITY THEREOF WILL AUTOMATICALLY TERMINATE, AND WE MAY DELETE YOUR CONTENT ASSOCIATED THEREWITH FROM OUR LIVE DATABASES. IF WE TERMINATE YOUR ACCOUNT FOR CAUSE, WE MAY ALSO BAR YOUR FURTHER USE OR ACCESS TO THE SERVICES. SCOOPWELL WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY SUSPENSION OR TERMINATION, INCLUDING FOR DELETION OF YOUR CONTENT. ALL PROVISIONS OF THIS AGREEMENT WHICH BY THEIR NATURE SHOULD SURVIVE, WILL SURVIVE TERMINATION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY. IF THIS AGREEMENT IS TERMINATED FOR CAUSE BY SCOOPWELL OR IF YOUR ACCOUNT OR ABILITY TO ACCESS THE SERVICES IS DISCONTINUED BY SCOOPWELL DUE TO YOUR VIOLATION OF ANY PORTION OF THIS AGREEMENT OR FOR CONDUCT OTHERWISE DEEMED INAPPROPRIATE, THEN YOU AGREE THAT YOU SHALL NOT ATTEMPT TO RE-REGISTER WITH OR ACCESS THE SERVICES THROUGH USE OF A DIFFERENT MEMBER NAME OR OTHERWISE.

14. International Users

The Services may be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Scoopwell intends to offer such service or Content in your country. The Services are controlled and offered by Scoopwell from its facilities in India. Scoopwell makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

15. Governing Law

15.1 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it, or its subject matter or formation, or the Services, including all contractual and non-contractual disputes and claims shall be governed by the laws of the Republic of India and subject to the arbitration mechanism for dispute resolution stipulated immediately below. Subject to Section 15.2 below, the courts at Thiruvananthapuram, Kerala, shall have the exclusive jurisdiction to entertain and try all such disputes or claims.

15.2 Arbitration

Where any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, or the Services, including all contractual and non-contractual disputes and claims, is not resolved by mutual discussions between the disputing parties within thirty (30) days from the date when the dispute/claim first arose, the dispute shall be resolved by arbitration to be conducted by a sole arbitrator to be appointed in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or reenactment thereof for the time being in force. The seat and venue of arbitration shall be Thiruvananthapuram, Kerala. The arbitration proceedings shall be conducted in the English language. The award of the sole arbitrator shall be final and binding.

16. General Provisions

16.1 Electronic Communications

The communications between you and Scoopwell may take place via electronic means, whether you visit the Services or send Scoopwell emails, or whether Scoopwell posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Scoopwell in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Scoopwell electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

16.2 Assignment

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Scoopwell’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Scoopwell may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.

16.3 Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the Services, please contact us at: admin@scoopwell.in.

16.4 Agreement Updates

When changes are made, Scoopwell will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Services, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such an update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. Scoopwell may require you to provide consent to the updated Agreement in a specified manner before further use of the Services are permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICES.

16.6 Notice

Where Scoopwell requires you to provide an email address, you are responsible for providing Scoopwell with a valid and current email address. In the event that the email address you provide to Scoopwell is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Scoopwell’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Scoopwell at the following address: Scoopwell Nutrition Private Ltd, L-9, L-street, Jawahar Nagar, Kowdiar, Trivandrum. Such notice shall be deemed given when received by Scoopwell by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

16.7 Waiver and Severability

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

16.9 Entire Agreement

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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