BOOKING, PAYMENT, CANCELLATION & REFUND
AYURVEDA, WELLNESS & MEDICALDISCLAIMER
AYUROOMS AND WELLNESS PVT LTD
1.PREAMBLE
This Ayurveda, Wellness & MedicalDisclaimer (“Disclaimer”) forms an integral and material part of the CustomerTerms & Conditions of Ayurooms and Wellness Pvt Ltd (“Company”).
BYSUBMITTING A BOOKING, THE CUSTOMER EXPRESSLY ACKNOWLEDGES HAVING READ,UNDERSTOOD, AND ACCEPTED THIS DISCLAIMER IN ITS ENTIRETY, AND CONFIRMS THATSUCH ACCEPTANCE IS A CONDITION PRECEDENT TO THE COMPANY ARRANGING ANY BOOKINGON THE CUSTOMER’S BEHALF.
Where a Booking is made on behalf of another individual,including a family member, the person making the Booking represents andwarrants that they have the authority to bind that individual to thisDisclaimer and have brought its contents to that individual’s attention.
2.DEFINITIONS
“Contraindication” means any medical, physical, or psychological condition orcircumstance that may render a Therapy unsafe or unsuitable for a particularindividual.
“Partner Resort” means an independently owned and operated Ayurvedicresort, wellness centre, or healthcare facility booked through the Platform.
“Therapy” meansany Ayurvedic treatment, Panchakarma protocol, dietary regimen, yoga, orwellness activity offered by a Partner Resort.
3.COMPANY IS NOT A MEDICAL PROVIDER; NO DOCTOR-PATIENT RELATIONSHIP
The Company is solely a wellness-travel curation andbooking platform. It does not employ, engage, or supervise any doctor,therapist, or other medical or paramedical personnel, and does not itselfprovide, administer, prescribe, or control any medical, Ayurvedic, or otherhealthcare treatment.
No doctor-patient, therapist-patient, fiduciary, orprofessional advisory relationship is created between the Company and theCustomer at any time, whether by virtue of a Booking, any communication withthe Company’s wellness consultants, or otherwise.
All content on the Platform relating to Ayurveda, health,or wellness, including resort descriptions, blog articles, packagedescriptions, and any information provided by wellness consultants, is generalinformation only, does not constitute medical advice, and must not be reliedupon as such.
4.INDEPENDENT PROVISION OF TREATMENT BY THEPARTNER RESORT
All consultations, diagnoses, Therapies, dietaryprescriptions, and treatment decisions are made independently by the PartnerResort’s own doctors, therapists, and staff, acting in their independentprofessional capacity and exercising their own clinical judgment.
The Partner Resort and its doctors, therapists, and staffare independent contractors and are not, and shall not be construed as,employees, agents, partners, or representatives of the Company for any purpose.The Company shall bear no vicarious, joint, or several liability whatsoever forany act, omission, negligence, or default of a Partner Resort or its personnel.
While the Company takes reasonable care in selecting andperiodically reviewing Partner Resorts, the Company does not audit, supervise,or take responsibility for the clinical judgment, qualifications, licensure, orongoing competence of any Partner Resort’s medical staff.
5.NO WARRANTY; NO GUARANTEE OF RESULTS
ALL INFORMATION AND RECOMMENDATIONS PROVIDEDBY THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF SAFETY,EFFICACY, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
Wellness outcomes, including any improvement in weight,pain, stress, or any other condition, vary significantly between individualsdepending on factors outside the Company’s control. Testimonials, reviews, andcase studies displayed on the Platform reflect isolated individual experiencesonly, are not independently verified, and are not a guarantee, warranty, ortypical representation of the results any particular Customer will achieve.
6.CONTRAINDICATIONS AND MANDATORY DISCLOSURE BYTHE CUSTOMER
Certain Therapies, including Panchakarma and otherdetoxification or purificatory procedures, may be unsafe or unsuitable forindividuals with certain conditions. Without limiting the generality of theforegoing, the Customer must disclose, prior to booking and again directly tothe Partner Resort’s medical team prior to commencing any Therapy, theexistence of any of the following, to the extent applicable:
➢ Pregnancy or suspected pregnancy;
➢ Cardiovascular disease, hypertension, or anyheart condition;
➢ Cancer or any condition under active oncologicaltreatment;
➢ Epilepsy, psychiatric conditions, or anyneurological disorder;
➢ Any recent surgery, fracture, or musculoskeletalinjury;
➢ Any infectious, communicable, or contagiousdisease;
➢ Any allergy, including to herbal, plant-based,or oil-based substances; and
➢ Any prescribed medication, ongoing medicaltreatment, or other condition that a reasonable person would consider relevantto their fitness to undergo a Therapy.
Suitability for a given Therapy shall be assessed solelyby the Partner Resort’s medical team, in its independent clinical judgment,based on the information disclosed by the Customer. The Partner Resort reservesthe right to modify, decline, or discontinue any Therapy on medical grounds.
THE COMPANY AND EACH PARTNER RESORT SHALL BEENTITLED TO CONCLUSIVELY RELY, WITHOUT INDEPENDENT VERIFICATION, ON THEACCURACY AND COMPLETENESS OF ALL HEALTH-RELATED INFORMATION DISCLOSED BY THECUSTOMER. THE CUSTOMER BEARS SOLE AND EXCLUSIVE RESPONSIBILITY FOR ANYCONSEQUENCE ARISING FROM AN INCOMPLETE, INACCURATE, OR WITHHELD DISCLOSURE, ANDNEITHER THE COMPANY NOR ANY PARTNER RESORT SHALL BEAR ANY LIABILITY WHATSOEVERARISING THEREFROM.
7.NOT A SUBSTITUTE FOR CONVENTIONAL MEDICALTREATMENT
Ayurvedic Therapies are not represented, and must not berelied upon, as a substitute for diagnosis, treatment, or medication prescribedby a registered medical practitioner. The Customer shall not discontinue,modify, or forgo any prescribed conventional medical treatment or medication onthe basis of any Therapy without the express advice of their treatingphysician.
The Company strongly recommends that the Customer consulttheir own registered medical practitioner before booking or commencing anyTherapy, particularly where any condition, circumstance, or medication referredto in Clause 6.1 is applicable.
8.NOT FOR MEDICAL EMERGENCIES
THIS PLATFORM AND ANY COMMUNICATION WITH THECOMPANY MUST NOT BE USED OR RELIED UPON IN A MEDICAL EMERGENCY. IF THE CUSTOMEROR ANY TRAVELLING COMPANION EXPERIENCES A MEDICAL EMERGENCY OR ACUTE HEALTHCRISIS AT ANY TIME, INCLUDING DURING A STAY AT A PARTNER RESORT, THE NEARESTEMERGENCY MEDICAL SERVICE OR HOSPITAL MUST BE CONTACTED IMMEDIATELY, WITHOUTWAITING FOR ANY RESPONSE FROM THE COMPANY.
9. ASSUMPTION OF RISK
The Customer expressly acknowledges and agrees thatTherapies, including Panchakarma and related detoxification procedures, carryinherent risks, including but not limited to allergic or adverse reactions,aggravation of an existing or undisclosed condition, injury, and, in rareinstances, serious or life-threatening complications.
The Customer voluntarily and knowinglyelects to undergo each Therapy, having had the opportunity to seek independentmedical advice, based on the Partner Resort’s assessment, and entirely at theCustomer’s own risk.
10.WAIVERAND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, THE CUSTOMER HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGESTHE COMPANY, ITS DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS,DEMANDS, ACTIONS, OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OFOR IN CONNECTION WITH ANY THERAPY, TREATMENT, INJURY, ILLNESS, OR DEATHSUFFERED IN CONNECTION WITH A BOOKING, INCLUDING ANY ACT OR OMISSION OF APARTNER RESORT.
Nothing in this Clause 10 shall operate toexclude or limit the Company’s liability for death or personal injury caused bythe Company’s own proven gross negligence or wilful misconduct, or for anyliability that cannot be excluded or limited as a matter of applicable law.
11.LIMITATIONOF LIABILITY
Without prejudice to Clause 10, and to the maximum extentpermitted by applicable law, the Company’s aggregate liability arising out ofor in connection with this Disclaimer, however arising, shall not exceed theservice fee, if any, retained by the Company in respect of the relevantBooking, expressly excluding any amount payable to the Partner Resort.
In no event shall the Company be liable for any indirect,incidental, special, consequential, or punitive damages, including loss ofenjoyment of holiday, loss of income, or emotional distress, arising out of orin connection with any Therapy.
The Customer’s sole recourse in respect of any treatment,injury, illness, or service failure attributable to a Partner Resort shall lieagainst that Partner Resort directly, and the Company shall, on request,provide reasonable assistance in facilitating communication with the relevantPartner Resort, without thereby assuming any liability.
12.INDEMNIFICATIONBY THE CUSTOMER
The Customer shall indemnify, defend, and hold harmlessthe Company, its directors, officers, and employees against any and all claims,losses, liabilities, damages, and expenses (including reasonable legal fees)arising out of or in connection with: (a) any inaccurate, incomplete, orwithheld health-related disclosure by the Customer; (b) the Customer’s breachof this Disclaimer; or (c) any claim brought by a Partner Resort or third partyarising from the Customer’s conduct or non-disclosure.
13.NORELIANCE
The Customer confirms that, in proceeding with a Booking,the Customer has not relied on any representation, warranty, or statementregarding health outcomes, safety, or suitability of any Therapy other thanthose expressly set out in this Disclaimer and the Company’s official written packagedescription
14.MEDIAAND ILLUSTRATIVE CONTENT
Photographs, videos, and descriptions of Partner Resortsand Therapies on the Platform are illustrative only and may not depict theexact facilities, staff, or conditions the Customer will experience.
15.SEVERABILITYAND NO WAIVER
If any provision of this Disclaimer is held to be invalidor unenforceable, the remaining provisions shall continue in full force andeffect, and the invalid provision shall be deemed modified to the minimumextent necessary to render it enforceable.
No failure or delay by the Company in enforcing anyprovision of this Disclaimer shall operate as a waiver of that or any otherprovision.
16.GOVERNINGLAW
This Disclaimer shall be governed by the laws of India andconstrued in accordance with the dispute resolution and governing lawprovisions of the Company’s Customer Terms & Conditions.
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