Terms of Service (ToS)

Effective date: June 01, 2019

Welcome to the PersonalHealthDay.com (“The site”) / AumPHD Mobile App (“The App”). AumsWow Wellness Pvt. Ltd. (“AumsWow”) provides this Site / App to you subject to the following conditions. By visiting / using the Site / App, you accept these conditions. Please read them carefully. In addition, when you use any current or future AumPHD service or business, you also will be subject to the guidelines, terms and agreements applicable to such service or business..

These ‘Conditions of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Privacy

Please review our Privacy Policy, which also governs your visit / use to this Site / App, to understand our practices.

Electronic Communications

When you visit / use the Site / App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site / App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this Site / App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AumsWow or its affiliates or its content suppliers and protected by copyright laws. The compilation of all content on this Site / App is the exclusive property of AumsWow or its affiliates.

All software used on this Site / App is the property of AumsWow, its affiliates or its software suppliers and protected by copyright laws. However, the content, text, graphics, presentation, pictures and / or the commercial videos of the products / items listed; are the individual copyrights / Assets or ownership of the individual brands / companies etc. Therefore, AumsWow does not bear any liability or take responsibility for the accuracy or claims of the products by any way or any means. You are advised to check the products / contents etc. and / or to take your own decisions for selling or buying the products through AumPHD mobile app.

Trademarks

AumsWow, the AumsWow logo, AumPHD, the AumPHD logo and other marks indicated on our Site / App are trademarks of AumsWow or its affiliates. Other AumPHD graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of AumsWow or its affiliates. AumsWow and its affiliates’ trademarks and trade dress may not be used in connection with any product or service that is not AumsWow or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits AumsWow or its affiliates.

All other trademarks not owned by AumsWow or its affiliates that appear on this Site /App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AumsWow or its affiliates.

Fees for Services

You agreed to pay to AumsWow any fees for ant service like; customisation of the Site / App as per your profile, in accordance with the pricing and payment terms presented to you for that service. Where applicable, you will be billed using the billing method you selected while giving consent to make use of the services. Fees paid by you are Non-refundable, except as provided in these Terms or when required by law.

Subscriptions

Some of our Services are billed on the subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, Periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly, quarterly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

Term; Cancellation and Renewable

This agreement shall remain in full force and effect while you use the services. Unless you have paid your subscription will renew automatically until it is cancelled in accordance with this section. For any (Monthly, Quarterly or Annual) subscriptions, it is fully your responsibility to renew the subscription in advance, however, the Site / App is designed to remind the users for due date of subscription or days left in expiration of subscription; but, no way it could be taken for guaranteed or could be claimed to be the legal base for non-renewal or other non-payments by the user, except as otherwise required by law.

For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. We may cancel your subscription at any time upon notice to you. You may cancel your subscription through your admin panel on your customised Site / App or by contacting customer Service [email protected]

Termination of Use

AumsWow may, in its sole discretion, at any time discontinue providing or limit access to the site, any areas of the site or content provided on or through the site. You agree that AumsWow may, in its sole discretion, at any time, terminate or limit your access to, or use of, the site or any content. AumsWow may terminate or limit your access to or use of the site if AumsWow determines, in its sole discretion, that you have infringed that copyrights of a third party. You agree that AumsWow shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the site or any content, including content that you may have shared.

Refund or Payment upon Termination

If this Agreement is terminated by You in accordance with Section (Termination) mentioned herein, we shall refund you any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by Us in accordance with Section (Termination), you will pay any unpaid fees covering the remainder of the term of all Order Forms. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination.

Delinquent Accounts

AumsWow my suspend or terminate access to the service for any account for which any amount is due but unpaid. In addition to the amount due for the service, A delinquent account will be charged with fees or charges that are incidental to any chargeback on collection of any the unpaid amount, including collection fees.

License and Site / App Access

AumsWow grants you a limited license to access and make personal use of this Site / App and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AumsWow and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AumsWow and / or its affiliates, as may be applicable.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AumsWow or its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing AumsWow’s or its affiliates name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by AumsWow and / or its affiliates. You are granted a limited, non-assignable, revocable, and non-exclusive right to create a hyperlink to the home page of the Site / App so long as the link does not portray AumsWow, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of AumsWow or its affiliates as part of the link without their express written permission.

Your activity on the Site / App

AumPHD Site / App is not intended for use by children. If you are a minor i.e. under the age of 18 years, you may use the Site and AumsWow only with involvement of a parent or guardian. AumsWow and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.

You must not use the Site / App in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not AumsWow, are responsible for all electronic communications and content sent from your computer to us and you must use the Site / App for lawful purposes only and only in accordance with the applicable law.

You must not use the Site for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; to cause annoyance, inconvenience or needless anxiety.

Your content

Some areas of the service allow you to post or upload information, text, graphics, or other material (“content” or, when posted by you, “your content”), and to share your content with others. You retain ownership of your content, but there are many things that users may do with your content, for example, copy it, modify it, re-share it, or broadcast it. AumsWow has no responsibility for that activity. You understand that publishing your content on the service is not a substitute for registering it with Copyright Authorities, or any other rights organisation. AumsWow and its affiliates respect the intellectual property of others. But, no way AumsWow would be responsible for such act or consequences. You are advised to consider carefully what you choose to share.

Your License

If you submit material, and unless we indicate otherwise, you grant AumsWow and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said license under applicable law. You grant AumsWow and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site / App; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AumsWow and its affiliates for all claims arising from content you supply. AumsWow has the right but not the obligation to monitor and edit or remove any activity or content. AumsWow takes no responsibility and assumes no liability for any content submitted by you or any third party.

Services Description

AumsWow will attempt to provide continuous availability and access to services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the customer. These outages could be due to third parties that the service depends on, such as, but not limited to AumsWow or other third-party service providers. Also while we will make commercially reasonable attempts to back up all customer data, in the event of recovery from disaster, the customer may have to reconfigure the service to get it back to the state it was in before the outage.

However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy,confidential information and property.

AumsWow and its affiliates attempt to be as accurate as possible. However, AumsWow does not warrant that descriptions of or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Site / App may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. AumsWow provides links to other sites over which AumsWow has no control. AumsWow is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

Disclaimer of Warranties and Limitation of Liabilities

This site is provided by AumsWow on an “as is” and “as available” basis. AumsWow makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this Site / App is at your sole risk. AumsWow reserves the right to withdraw or delete any information from this site at any time in its discretion.

To the full extent permissible by applicable law, AumsWow does not warrant that this Site /App, its servers, or e-mail sent from AumsWow are free of viruses or other harmful components. AumsWow expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the site and all content provided on or through this Site / App. AumsWow makes no warranty that: (i) The Site / App or content will meet your requirements; (ii) The Site / App will be available on an uninterrupted, timely, secure, or error – free basis; (iii) The results that may be obtained from the use of the Site / App or any content provided on or through the Site / App will be accurate or reliable; or (iv) The quality of any content purchased or obtained by you on or through the Site / App will meet your expectations.

From time to time, this Site / App may also include links to other websites. These links are provided for your convenience. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

In no event shall AumsWow be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, Revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site or any content provided on or through the site.

Medical Disclaimer:
The facts and knowledge published on this Site / App are purely for informational purposes only and not the result of Scientific Investigation.

Anything present on this Site / App is neither intended to constitute anything nor should it be assumed that it is medical advice. It is not an alternative to the advice of a doctor, medical practitioner or other qualified health care provider. The Site / App does not claim that the information is appropriate for your medical needs.

Never ignore the professional medical advice in seeking treatment because of something you have read on the this Site / App. If you think, you have a medical emergency consult your Doctor or the concerned authority at the earliest.

The compilation of information disclaims any and all warranties and/or liabilities relating to the use of any information obtained from the this Site / App. This disclaimer is to the maximum extent permitted by law. The site does not any relationship with the user.

Health Disclaimer:
The information on this Site / App should not be considered complete. It should not be relied upon to suggest treatment for a particular disease or person. It is not a membership of the site, nor is it intended to refer you to a particular medical professional or health care provider. It is not a consultation or a replacement for the advice of a doctor or other qualified health care provider.

The information published on this Site / App is not conclusive or complete. It does not encompass all diseases, ailments, physical or mental conditions or their treatment. If you have any concerns about your health, consult your doctor or other qualified health care provider. The information on this Site / App should not supersede your doctor’s advice.

Some dietary recommendations are healthy for the majority of people but possibly dangerous for others.

You acknowledge and agree that if you harm yourself as a result of applying information on this Site / App, or harm someone else by passing that information, then you can not hold anyone associated with this Site / App responsible. You acknowledge and agree that you apply the information on this Site / App solely at your own risk, knowing that you may harm yourself or someone else.

You acknowledge and agree that you have consulted, assessed and given consent by your doctor or a qualified medical professional, before you choose to make changes to your diet.

Advertisement Disclaimer:
Advertisements on this Site / App are commercial. The Site / App does not recommend or endorse any company or individual.

Any advertisements, or contents displayed or provided on this Site / App are displayed on an “AS IS” and “AS AVAILABLE” basis. AumsWow expressly disclaims and excludes all warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to this Site / App or the information, content, materials, advertisements included in this Site / App including, without limitation, as to the accuracy or completeness of this Site / App, as to whether it is up to date and as to the condition of any advertisements or content displayed or provided.

AumsWow reserves the right, at its sole discretion, to add, amend and / or remove advertisements, content or links to third party sites offered on this Site / App.

AumsWow has no control over the advertisements displayed on this Site / App, and AumsWow expressly disclaims and excludes all liability for the comparative authenticity, factual basis, honesty, fairness, decency, truthfulness or legal validity of any such advertisement. AumsWow does not endorse any of the advertisers’ goods, services or content.

AumsWow has no control over the provision, condition or effectiveness of the goods and services advertised on this Site / App. Such advertisements, any discounts or specific terms may or may not be honored by the advertisers or the providers of these goods or services.

Applicable Law

By visiting / using this Site / App, you agree that the laws of India will govern these Terms of Service and any dispute of any sort that might arise between you and AumsWow or its affiliates.

Changes to Terms

AumsWow may change these terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new services or functionality. The most current version will always be posted on the AumsWow Site / App. If an amendment is material, as determined in AumsWow’s sole discretion, AumsWow may or may not notify you by email or other means and / or modes of communications. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, If you do not want to agree to any changes made to the terms for a service, you should stop using that service, because by continuing to use the services you indicate your agreement to be bound by the updated terms.

Changes to Services

AumsWow constantly changes and improves the services. AumsWow may add, alter, or remove functionality from a service at any time without prior notice. AumsWow may also limit, suspend, or discontinue a service at its discretion. If AumsWow discontinues a service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your content from that service. AumsWow may remove content from the services at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.

Site / App Policies, Modification and Severability

Please review our other policies on this Site / App. These policies also govern your visit to the Site / App. We reserve the right to make changes to our Site / App, policies, and these ‘Terms of Use’ at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disputes & Arbitration

You agree that disputes arising under these terms will be resolved by binding, individual arbitration, and by accepting these terms, you and AumsWow are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to Small Claims Court). Your rights will be determined by a neutral arbitrator and not a judge or jury. However, if Arbitration fails then for any dispute relating in any way to your visit / use to this Site / App; shall be submitted to the exclusive jurisdiction of the courts at Gurugram, India.

Contact Us

If you have any questions about this Terms of Service (ToS), please contact us