General Terms and Conditions

Wellness Garden specializes in natural treatments and therapies for pain management and optimal health in India and worldwide. By using this website or enrolling as a member of the Wellness Garden Site, you are deemed to have read and agreed to the following terms and conditions (“General Terms and Conditions”):

These Terms of Service and Use govern your membership on Wellness Garden Site at www.wellnessgarden.in and their associated/affiliated sites (“Wellness Garden Site” or the “Affiliated Sites”) and your purchases and/or use of products and/or services available through Wellness Garden Site or the Affiliated Sites. Your membership on Wellness Garden Site and/or the Affiliated Sites and/or use of Wellness Garden Site and/or the Affiliated Sites and these terms are also governed by this website’s terms of use as set out in these Terms of Service and Use.

2. Terminology

The following terminology applies to these Terms of Service and Use and any agreements:

● “Health Seeker,” “You,” and “Your” refer to the person accessing and/or using this website and accepting the Company’s terms and conditions.

● “The Company,” “Ourselves,” “Wellness Garden,” “WG,” “We,” and “Us” refer to our Company (Wellness Garden Limited).

● “Party,” “Parties,” or “Us” refer to both the health seeker and us, or either the health seeker or us.

● “Affiliated Sites” refer to a third party who has agreed to be our affiliate and to host a link to our website.

● “Services” refer to the services offered by Wellness Garden on or through the Wellness Garden Site.

3. Description of Services

Wellness Garden will provide Health seekers of Wellness Garden Site with access to inquire for treatment and/or holistic health packages and related health services that are offered by its participating health partners and wellness service providers (“the Services”). Wellness Garden will facilitate and assist Health seekers of Wellness Garden Site to inquire and reserve treatments and/or holistic health packages as offered by the participating health partners and service providers. For the avoidance of any doubt, any new variation or modification to the Services shall be subject to this Terms of Service and Use.

4. Order Processing

Wellness Garden may, in its sole discretion, choose not to process or to cancel your reservation in certain circumstances. This may occur, for example, when the reservation you wish to reserve is no longer available or has been mispriced, or when we suspect the reservation request is fraudulent, or in other circumstances Wellness Garden deems appropriate in its sole discretion. Wellness Garden also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Wellness Garden will either not charge you or refund the charges for reservations that we do not process or cancel.

5. Product and Service Availability

In rare cases, a treatment may be available when a health seeker places the order but becomes unavailable before check-in. If this should occur, your sole remedy shall be to contact Wellness Garden to make alternative arrangements or to cancel your reservation. In this connection, you hereby agree not to hold Wellness Garden responsible for any loss or damages that you may suffer as a result of the above event.

6. Product and Service Descriptions

While Wellness Garden will endeavor to provide accurate descriptions of the products and/or services offered on Wellness Garden Site, Wellness Garden does not warrant that the descriptions are accurate, complete, reliable, current, or error-free.

7. Special Requests

If you have any special requests in connection with your itinerary, you must submit them on Wellness Garden Site at the time of your reservation. We will pass along any requests we deem reasonable to the relevant service providers. However, we cannot guarantee, and you accept our qualification herein, that the service providers will fulfill such requests, as the requests for services or amenities may not be available. Wellness Garden shall not be liable for any failure to fulfill a special request. Reservations cannot be conditioned or contingent on the fulfillment of a special request.

8. Pricing Information

Wellness Garden pre-negotiates certain rates with service providers to facilitate the reservation of reservations on your behalf. That being the case, Wellness Garden retains service fees as compensation for facilitating reservations which vary according to the amount and type of reservation booked through us. The rates displayed on Wellness Garden Site reflect our pre-negotiated rates, which include the fees retained by Wellness Garden as well as all applicable taxes and/or levies. While Wellness Garden strives to provide accurate pricing information regarding the products and/or services available on Wellness Garden Site, we cannot, however, insure against pricing errors or pricing changes. Wellness Garden reserves the right, at its sole discretion, not to process or to cancel any reservations placed for a product or service whose price was:

1. Incorrectly provided as a result of an error, or

2. Changed by the service provider.

In the event of either of the above events occurring, Wellness Garden will notify you by email and correct the pricing on Wellness Garden Site. If additional charges apply to your reservation (including but not limited to the addition of an extra health seeker, resort fees, or other taxes or incidentals), which have not been levied at the time of your reservation with us, you will be responsible for paying these charges directly to the service provider. For the avoidance of any doubt, Wellness Garden does not guarantee that it offers the best available rates for products and/or services available on Wellness Garden Site.

9. Gift Vouchers

Gift vouchers can be used with health providers and participating health centers listed on the website. Participating holistic, integrative, and wellness health centers and consultants that Wellness Garden has a direct contract with and not through affiliated partnerships.

Article 1: Service Provider Rules and Restrictions

Service providers may impose additional rules and restrictions on products and services available through Wellness Garden Site. Please read these additional terms and conditions carefully. By purchasing products and/or services through Wellness Garden Site, you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies, and use of fares, products, or services. Breach or contravention of any such service provider’s rules and restrictions may result in cancellation of your reservation, denial of access to travel products or services, forfeiture of charges paid for such reservation, and charges by us for costs incurred due to such breach or contravention.

Article 2: The Inquiry Order

Registration/inquiry takes place by completing the Quick Inquiry form on the website of Wellness Garden. A verbal reservation, a reservation by email, or a reservation via the partner website is binding, even without the presence of a signature. If the main health seeker decides to cancel, Wellness Garden reserves the right to charge the applicant cancellation costs in accordance with Article 9. The main health seeker will provide Wellness Garden with necessary information regarding himself and the (possible) other health seeker(s) for the conclusion of the agreement and its implementation. Underage persons are not allowed to give assignments to Wellness Garden. It is also forbidden to register under a false name or address. NB! For health seekers who have booked a treatment including a flight: Due to strict rules regarding safety at the airlines, the health seeker is responsible for correctly passing on the full first and last names as stated in the passport. The main health seeker must also check the confirmation invoice. Failure to do so may result in costs borne by the main health seeker. Additional medical information may be required for certain treatments to prepare for your treatment properly. This information will be treated with strict confidentiality.

Article 3: Payments to Third Parties

An initial deposit of 50% of the entire treatment sum per person must be received within fourteen days after sending our confirmation. The remainder of the treatment sum must be in the possession of the health provider no later than six weeks before the day of the start of the treatment. Failure to make timely payment results in default. In the event of non-payment, the agreement is deemed canceled on the day of default, and the third party reserves the right to charge cancellation costs. For registrations within six weeks before departure, the entire treatment sum must be paid within 24 hours. After receipt of the total treatment sum, the health seeker will receive the treatment documents and tickets approximately one week before the start of the treatment/travel. The main health seeker is responsible for distributing and/or managing travel documents for other participants of the reservation. An exception is made for reservations with flights, where the deposit must be paid within 24 hours after reservation. See also Article 4.

Article 4: Information

Every therapy program requires good preparation, and information about our wellness experiences can be found on our website. The WG Program package provides background information, interviews with health seekers, and detailed explanations of treatment programs. Our knowledgeable employees offer appropriate advice and assistance.

Article 5: Travel Documents

Travel documents (and possibly e-tickets) are provided no later than one week before departure. For last-minute therapy programs with departure within a week, travel documents are sent promptly after payment.

Article 6: Changes by the Health Seeker

Changes to therapy programs after confirmation can be made in writing or by email after full payment. Not applicable to retreats, which can only be changed up to 2 months before the start. Change costs apply as per the third party’s policy. For programs including flights, different change costs apply and vary by airline.

Article 7: Substitution

The Health seeker can be replaced by someone else before the start of the therapy program. Associated costs (e.g., for a flight) are passed on to the main health seeker. Changing a participant for programs without flights is free of charge.

Article 8: Cancellation by the Health Seeker

Cancellations and changes to reservations vary depending on the property. Terms and conditions will be provided at the time of reservation. Rules and restrictions regarding your reservation will specify whether you can cancel or change your reservation. Cancellation or change fees may apply, which you agree to pay if applicable.

In cases where cancellation is permitted, the property’s cancellation policy noted in your reservation confirmation or otherwise provided will apply. Refunds, if due, will be paid in the original form of payment, and all refunds will be paid in the currency originally used for the reservation.

You may not sell, auction, barter, or transfer your reservation to a third party. Cancellations must be reported to Wellness Garden in writing or by email, and the date of receipt is the cancellation date. If sent outside office hours, the next working day is considered the cancellation date.

Article 9: Termination by Wellness Garden

Wellness Garden has the right to cancel the agreement due to serious circumstances, such as natural disasters or war perils or other major unforeseen events, where further binding is unreasonable.

Article 10: Changes by Wellness Garden

Wellness Garden retains the right to modify agreed-upon services when necessary. Notification of the change will be provided to the Health seeker within 72 hours (3 working days) after Wellness Garden is informed of the alteration.

Article 11: Liability and Force Majeure

Subject to the provisions of Articles 10 and 11, Wellness Garden is obligated to fulfill the agreement in line with the reasonable expectations of the Health seeker based on the agreement. In the event that the therapy program deviates from these expectations, the Health seeker must promptly inform the concerned parties as referred to in Article 17. If the therapy program’s execution fails to meet the specifications set out by Wellness Garden, Wellness Garden is obliged to compensate the Health seeker for any resulting damage, except when the shortfall in fulfillment cannot be attributed to Wellness Garden or to any assisting party. This exception applies when: a) the deficiency in implementing the agreement arises from the Health seeker; or b) the deficiency is unforeseeable or irremediable and originates from a third party not engaged in providing services within the therapy program; or c) the deficiency arises from an unforeseeable event that neither Wellness Garden nor any assisting party could foresee or rectify with due care, constituting a case of force majeure. Force majeure refers to extraordinary and unforeseeable circumstances independent of the will of the invoking party and whose consequences could not be averted despite all precautions. The compensation will never exceed the sum paid by the Health seeker for the relevant program.

Article 12: Help and Assistance

Depending on the circumstances, Wellness Garden is obliged to provide aid and assistance to the Health seeker if the therapy program deviates from the specifications set out by Wellness Garden. Associated costs are borne by Wellness Garden if the shortfall in agreement execution can be attributed to it as per Article 12. In cases where the deviation in the therapy program cannot be attributed to either the Health seeker or Wellness Garden, both parties will bear their respective damages. This entails extra manpower expenses for Wellness Garden and supplementary accommodation and repatriation costs for the Health seeker.

Article 13: Exclusion and Limitations of Travel Organizer’s Liability

In cases where Wellness Garden is liable to the Health seeker for loss of travel enjoyment, compensation will not surpass the travel sum.

Article 14: Obligations of the Health Seeker

The Health seeker(s) is/are obligated to adhere to all instructions issued by Wellness Garden to ensure the proper execution of the therapy program. The Health seeker(s) will be held liable for any damages resulting from unauthorized conduct, evaluated based on the conduct expected from a prudent Health seeker.

Article 15: Interest and Collection Costs

A Health seeker who fails to meet financial obligations to Wellness Garden in a timely manner will owe statutory interest on the outstanding amount. Moreover, the Health seeker is required to reimburse extrajudicial collection costs amounting to 15% of the claimed sum. This is unless the collection activities and the due amount render this charge unfair.

Article 16: Complaints

Any deviations in implementing the agreement must be promptly reported on-site for resolution. This report can be made to the relevant service provider or, if absent, to Wellness Garden. Failing to adhere to this reporting obligation and consequently depriving the service provider of the chance to rectify the deviation may limit or exclude potential compensation. If unresolved, the complaint must be submitted in writing or via email within two weeks after the holiday. Complaints not reported at the destination will not be addressed thereafter.

Article 17: Disputes

Agreements formed, altered, or supplemented based on these travel conditions are subject to Indian law. This is unless mandatory regulations dictate otherwise. Health seekers are presumed to have read and comprehend the foregoing terms and conditions before making a reservation. By registering, Health seekers acknowledge acceptance of these terms.

Article 18: Taxes and Fees

The application of sales or other taxes linked to your reservation depends on the event’s location, property, or service provider, as well as any pertinent rules governing these entities. Additionally, service providers may impose service fees. The charges related to taxes and additional services will be outlined before confirming your reservation.

Article 19: Incidentals

Wellness Garden reservations exclude incidentals, expenses, or services unless expressly stated in your itinerary. Any incidentals, expenses, or services incurred or utilized during your therapy program are your responsibility.

Article 20: Payment

Unless our partners or affiliates stipulate an alternative payment policy, all reservations made through Wellness Garden must adhere to the designated payment policy. By confirming a reservation, you agree to pay the fees, costs, expenses, and charges (collectively referred to as “charges”) related to your reservation. You further acknowledge and agree that these charges will be billed to your payment card or approved payment method. For certain partners or affiliates (such as those offering villa stays or boutique hotels) with distinct reservation formats and payment policies, where guests directly settle payments with the partner or affiliate, Wellness Garden may occasionally accept a reservation deposit through its site. Nonetheless, the remaining or full costs are to be settled by the guest directly with the partner or affiliate upon checkout.

Article 21: Insurance

Due to the nature of treatment, and/r obtaining travel service, an independent insurance for medical expenses, personal accidents, baggage loss, and program cancellations is recommended. This insurance is not included in your Wellness Garden purchase unless specifically obtained separately via the Wellness Garden Site, if available.

Article 22: Links to and from Other Websites

This Wellness Garden Site may contain links to other websites that are not under the control of Wellness Garden. Wellness Garden has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Health seeker.

Article 23: Log Files

We use IP addresses to analyze trends, administer the site, track Health seeker’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties (save for our partners, affiliates, and/or service providers) and is used only within Wellness Garden on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission.

Article 24: Cookies

Like most interactive web sites, Wellness Garden’s Site [or ISP] uses cookies to enable us to retrieve Health seeker details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Article 25: Copyright Notice

The copyright and other intellectual property rights in all material on this website are owned by us or our licensors or otherwise licensed to us and must not be reproduced without our prior written consent. The material on this website includes, but is not limited to, the design, layout, look, appearance, and graphics. Subject to the paragraph below, no part of this website may be reproduced without our prior written permission.

You are permitted to use our website for your own personal use and to print and download material from this website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to the content on this website. Material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.

Wellness Garden’s logo is pending registration as a trademark of this Company in India and other countries. Accordingly, all brand names and specific services of this Company featured on this website property owned exclusively by us.

Article 26: Exclusion of Liability

Neither we nor any other party (whether or not involved in producing, maintaining, or delivering this website) shall be liable or responsible for any kind of loss or damage that may result in you or a third party as a result of your or their use of our website.

This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect, or consequential loss, and whether in tort or contract or otherwise in connection with this website.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and to the extent permitted by law, we and third parties connected.

Article 27: Binding Contract

All reservations and purchases of products and services on Wellness Garden Site and/or the Affiliated Sites are subject to the terms of this Agreement, the terms of the applicable health provider(s), and the terms of the applicable service provider(s). By purchasing products and/or services from Wellness Garden Site and/or the Affiliated Sites, you acknowledge that you have read, understood, and agree to be bound by all the terms of this Agreement and any other terms and conditions applicable to the specific products and/or services being purchased.

Article 28: Confidentiality

Any information concerning the Health seeker and their respective Health seeker records may be passed to third parties. However, Health seeker records are regarded as confidential and therefore will not be divulged to any third party except as required under applicable laws or as agreed to by Wellness Garden. Health seekers have the right to request copies of their records with the provision that such requests are subject to fees and costs.

Article 29: Entire Agreement

These terms and conditions, together with any other legal notices and agreements published on Wellness Garden Site, shall constitute the entire agreement between you and Wellness Garden concerning your use of Wellness Garden Site and any transaction you may have with Wellness Garden.

Article 30: Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Article 31: Modification of Terms of Service and Use

Wellness Garden reserves the right to change the terms, conditions, and notices under which the Wellness Garden Site is offered, including but not limited to the charges associated with the use of the Wellness Garden Site. You are responsible for regularly reviewing these terms and conditions and additional terms posted on specific websites. Your continued use of the Wellness Garden Site constitutes your agreement to all such terms, conditions, and notices.

Article 32: Effect of Termination/Survival of Selected Provisions

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Wellness Garden Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Wellness Garden Site. These terms and conditions and any other obligations surviving the expiration or termination will continue in effect beyond such expiration or termination.

Article 33: Force Majeure

Wellness Garden shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

Article 34: No Waiver

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Article 35: Applicable Law

The Parties declare and agree that the Terms and Conditions contained herein shall be governed and construed in accordance with the laws of India, and the Parties hereby submit to the exclusive jurisdiction of the Indian Courts in Bangalore. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of Wellness Garden.

Article 36: Notices

All notices from Wellness Garden intended for receipt by a health seeker shall be deemed delivered and effective when sent to the email address provided by such a health seeker to us.

Article 37: Binding Effect

These Terms and Conditions are binding upon the heirs, successors-in-title, administrators, executors, personal representatives, and permitted assigns of the Parties herein (whichever is applicable).

NOTE: These terms and conditions form part of the Agreement between the health seeker and Wellness Garden. Your accessing of this website and/or undertaking a reservation or agreement indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.

General Terms and Conditions

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