• A. Hwealth operates a shopping programme that enables participants (“Members”) to receive Member Benefits as cashback and referral earning by making Purchases from Loyalty Merchants as part of the Cashback and referral Programme.
  These GTCs (including all recital, clauses, annexure or amendments made thereto) form a legally binding agreement (“Agreement”) between hwealth and the Member for the purposes of participation in the hwealth Cashback and referral Programme.
  The person, who reads and accepts these GTCs and whose name is specified on the registration form or on the Registration Flyer is desirous to participate as a Member in the hwealth Cashback and referral Programme.
  A Member must read and accept these GTCs before participating in the hwealth Cashback and referral Programme.
  Clicking on “I have read and accepted the GTCs” or presenting the hwealth Cashback Card to a Loyalty Merchant or quoting the Membership ID for a Purchase is deemed to be an acceptance by a Member of these GTCs and of any updates made thereto.
• B. These GTCs form an electronic record under the Information Technology Act, 2000 and the rules made thereunder and do not require any physical or digital signatures. Any term or condition that appears in italics can be found in Appendix I, a glossary of defined terms. hwealth reserves the right to change these GTCs prospectively, at any time and without any reason, including changing the Benefits of the hwealth Cashback and referral Programme. Every such amendment will be visible on the hwealth Website and it is solely the Member’s responsibility to ensure that he keeps himself acquainted with the latest version. The Member agrees that these GTCs, as published on the hwealth Website, at any given point in time, shall be legally binding.
  • 1. The object of the Agreement
    
    • 1.1 A Member’s Purchases are recorded under the hwealth Cashback and referral Programme. A Member can use the following methods to make Purchases: offline/ in person Purchases, at Loyalty Merchants, by presenting Cashback Card or hwealth id and online booking and online Purchases from Online Shops of Loyalty Merchants, through hwealth online platform/s. See Clause 4.3 for more information about the methods for recording Purchases.
      
    • 1.2 In accordance with these GTCs, a Member is authorized to participate in the hwealth Cashback and referral Programme and to receive Member Benefits.
      
  • 2.The basis for the agreement
    
    • 2.1 Upon acceptance by hwealth of an application to register, the applicant will become a Member and receive a personal, non-transferable Membership ID. This entitles him to participate in the hwealth Cashback and referral Programme (but does not make him a member of any registered or unregistered club, society or association); see further Clause 16.2.
      
    • 2.2 In order to complete the Agreement and to become a Member an applicant must apply to be registered either offline, using a Registration Flyer provided by hwealth, or online, online using hwealth online registration form on the hwealth Website and application. Upon receipt of an application for registration, hwealth reserves the right to accept the application or reject it, at its sole discretion.
      
    • 2.3 Unless hwealth rejects an application, the Commencement Date of the Agreement will be the date on which the applicant clicks on “complete registration” on the hwealth Website and application.
      
    • 2.4 The Member declares that all information/data provided by him/her to hwealth, which form the basis of this Agreement are correct, and agrees to indemnify and hold hwealth harmless in the event of culpable and/or untruthful statements. The Member undertakes to inform hwealth immediately of any changes to his/her personal data (in particular the residential address, e-mail address, bank details, telephone number, etc.) provided during registration or hereinafter.
      
    • 2.5 Each natural person or legal entity is only permitted to register once (i.e. only one Membership ID will be obtained by each Member). For registration, a Member must enter a home or business address (registered office). If a Member attempts to register more than once with the aim of obtaining extra Member Benefits, hwealth reserves the right to terminate the contractual relationship with good cause and revoke any Member Benefits obtained in this manner. If a Member registers more than once, the most recent Membership ID will be deleted and any Member Benefits will be revoked.
      
  • 3. Legal relationship
    
    • 3.1 Participation in the hwealth Cashback and referral Programme is at a Member’s sole discretion and responsibility and constitutes only a contractual relationship between the parties. A Member is legally independent of hwealth and nothing in any agreement between a Member and hwealth will render a Member to be an employee, servant, worker, agent, shareholder or partner of hwealth, nor will a Member hold himself out as such.
      
    • 3.2 If eligible, a Member is entitled only to receive Member Benefits. A Member is not entitled to any remuneration extending above and beyond these. A Member is not entitled to the reimbursement of any expenses. This applies particularly should the Member recommend the hwealth Cashback and referral Programme to others.
      
    • 3.3 A Member is not authorised to represent hwealth in any way and must not make representations regarding the hwealth Cashback and referral Programme; likewise, he must not take as fact any such representations made by other Members. A Member is not entitled to receive money or collect funds on behalf of hwealth. In the event of any breach of this clause hwealth may terminate this Agreement forthwith and with good cause and revoke any Member Benefits obtained in this manner.
      
    • 3.4 Without the prior written consent from hwealth, the Member is not entitled to:
      
      • (a) use logos, writing, trademarks, slogans, domains, other symbols and similar content from hwealth or a Loyalty Merchant;
        
      • (b) create business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, brochures, websites, apps, advertising material, bulk emails, mail shots, homepages or any similar media concerning hwealth or the hwealth Cashback and referral Programme, to distribute them in written or electronic form or in any other miscellaneous manner or to make them publicly accessible (e.g. on internet sites such as Facebook or YouTube);
        
      • (c) organise and run events, such as information events, workshops, seminars, etc., concerning hwealth or the hwealth Cashback and referral Programme; or
        
      • (d) introduce retailers, wholesalers, other miscellaneous traders, or other companies which offer goods or services for final consumers, including fuel stations, franchisees and department stores as Loyalty Merchants or Members, to conduct negotiations or preliminary discussions or to pursue advertising campaigns of any kind, in particular on the premises or in the vicinity of such a company.
        
  • 4. hwealth Cashback and referral Programme
    
    

    Note- this hwealth programme is for cash and private insured people only, this hwealth Cashback and referral Programme is not for and not applicable for any government scheme or any other scheme, if any purchase or service is covered under any government scheme here member benefit will not applicable, no member discount, no member claim, no referral will be given and provided.

    • 4.1 By making a Purchase from a Loyalty Merchant, a Member acquires Member Benefits in accordance with these GTCs. The Member Benefits and their respective conditions are described in more detail in Clause 6. Under the terms of these GTCs, a Member is not obligated to make Purchases or perform any other duties.
      
    • 4.2 To be able to grant Member Benefits, hwealth enters into contracts with Loyalty Merchants. Current Loyalty Merchants and the associated Member Benefits are listed online at www.hwealth.in and visible in the application and a Member is expected to apprise himself of the same.
      
    • 4.3 To be eligible to receive Member Benefits, a Member's Purchase must be recorded. The Member can use one of the following methods to record his Purchase:
      
      • 4.3.1 hwealth Cashback Card; or hwealth ID When making an offline/ in person Purchase from a Loyalty Merchant that accepts the Cashback Card or hwealth ID a Member should present the hwealth Cashback Card or hwealth ID before completing the transaction so that the Purchase may be recorded by the Loyalty Merchant.
        
      • 4.3.2 Online Shop; to make and record a Purchase from an Online Shop, a Member should:
        
        • (a) log in at www.hwealth.in and application using his access data and then select the Online Shop of his/her choice, or
          
        • (b) access the Online Shop from another online channel provided by hwealth to record Purchase data and then make the Purchase directly from the Online Shop. To enable the Purchase to be recorded, a Member must make sure that cookies are enabled and that advertisement or script blockers are disabled during the Purchase process. See Clause 5 for more information on shopping online. hwealth will not be held responsible if the Member fails to comply with the requirements of this Clause and as a result of it a Purchase is not recorded.
          
    • 4.4 For the methods described under Clauses 4.3.1 and 4.3.2, the Loyalty Merchant sends all Purchase and/or billing data to hwealth for the calculation of the resulting Member Benefits. hwealth will not be held responsible if the Loyalty Merchant fails to report a Purchase or owing to some technical or other error, and/or if hwealth or the Loyalty Merchant is unable to trace a Purchase back to the Member. Whilst hwealth will try to recover a missing Purchase, hwealth reserves the right not to chase a missing Purchase claim. The decision of hwealth in this regard will be final.
      
  • 5 Online Shopping
    • 5.1 The Member is recommended to read the Online Shopping section in the FAQs at www.hwealth.in
      
    • 5.2 The Member is entitled to cancel, modify or return an online Purchases, subject to the terms offered by the specific Loyalty Merchant, from whose Online Shop the Purchase is made. For this purpose, it is imperative that the Member acquaints himself with these terms including without limitation return period, grounds for cancellation or return etc., before making any Purchase.
      
    • 5.3 A Member is entitled to receive Member Benefits provided that the Loyalty Merchant’s cancellation or return period has expired and the Member has not canceled the Purchase.
      
    • 5.4 A Member who makes a Purchase at an Online Shop is entitled to Member Benefits only if the Online Shop is available in India. These are listed under www.hwealth.in
      
    • 5.5 hwealth has no influence over the design and/or content of an Online Shop as it is owned by the Loyalty Merchant independent of hwealth, and is in no way responsible for such a website. hwealth expressly distances itself from any content on such a website that may be illegal or immoral.
      
  • 6 Member Benefits from the hwealth Cashback and referral Programme
    
    

    Note- cashback and referral income credited only in hwealth wallet and allow to use only for hwealth activity only. cashback and referral income cannot be paid out in cash and must not be transferred to another person for a fee. However, a Member may not transfer to another.

    • 6.1 A Member who makes a Purchase is entitled to receive Member Benefits. The Member Benefits are based on the conditions agreed in the contract between hwealth and the Loyalty Merchant; they, therefore, vary according to the Loyalty Merchant, sector and country in question. Currently, Member Benefits comprise Cashback (see Clause 6.1.1) and Shopping Points, if applicable (see Clause 6.1.2).
      
      • 6.1.1Cashback: A Member will receive Cashback for each Purchase as applicable respectively. The percentage granted by each Loyalty Merchant is listed at www.hwealth.in. And hwealth application. Cashback payments are made in accordance with Clauses 6.4 to 6.5.
        Kindly note: The above-mentioned Member Benefits are not definite and subject to change, from time to time, as per hwealth’s discretion.
        
    • 6.2 With regard to special offers and any other special arrangements with Loyalty Merchants, hwealth reserves the right to deviate from the provisions of these GTCs. In order to bring to its Members as wide a range as possible of Loyalty Merchant offers, hwealth will also endeavor to make special discount agreements with its Loyalty Merchants and pass on comprehensive Benefits to its Members. Any special offers agreed with a Loyalty Merchant (e.g. unusual Purchases, such as limited term phone contracts or travel packages) will be listed on the Loyalty Merchant page at www.hwealth.in and hwealth application. (see also Clause 6.3).
      
    • 6.3 The Benefits granted by each Loyalty Merchant are listed at www.hwealth.in and hwealth application. A Member is recommended to check the hwealth Website and application on a regular basis to keep himself/herself up-to-date with the conditions offered by each Loyalty Merchant. In the event of a change to the conditions offered by a particular Loyalty Merchant, hwealth reserves the right to amend the Member Benefits for this Loyalty Merchant. A Member’s entitlement to Member Benefits is based on the conditions in place at the time when the Purchase was paid for in full.
      
    • 6.4 In order for Member Benefits to be credited, the Purchase must be fully paid by the Member and the legal rights to cancel the Purchase without giving reasons must no longer exist, i.e. especially any existing distance selling cancellation period must have elapsed. If these requirements are satisfied, the Loyalty Merchant will confirm and report the Purchase to hwealth. Purchasing Benefits from Purchases made that have been reported to hwealth by 11:00 p.m. Sunday by the Loyalty Merchant will be credited to the Personal Member Area of the Member (Member Benefits). A pay-out of the Member Benefits to the Member shall be possible only after the Loyalty Merchant has reported them to hwealth. For the Benefits to be credited to a Member he/she must have paid for the Purchase in full and no further rights should exist to reverse it (either contractual, e.g. as per the specific Loyalty Merchant's return policy, or legal, e.g. the existence of a withdrawal / cooling off period under any distance selling regulations or otherwise). Provided these criteria are met, and the Loyalty Merchant confirms the Purchase to hwealth, the Benefits are accrued for the Member in the Personal Member Area. hwealth invoices the Loyalty Merchant for the agreed discount and, when paid by the Loyalty Merchant (expected within three months) the Member receives the Benefits from hwealth.
      
    • 6.5 Provided that member should purchase at least one health package, one salon package, one hotel package from each service one pack should be purchase from hwealth in one year and every next year also purchase and so on. If a Member does not purchase one pack from each of this service within a period of one year, the amount of accumulated Cashback will expire and referral income for the year will expire and no refund. In both these circumstances, hwealth will not responsible for loss, and is member responsibility to purchase at the list in one year the minimum and advise of the consequences of not doing so.
      
    • 6.6 all cashback and referral income will be credited in hwealth wallet only for respective hwealth id, that credited amount is non-transferable and can not move to any other wallet or any other account, a member needs to use and spend this amount or value in hwealth application only. Member can not transfer or gift or move his credited amount to any other member account, need to use for personal use only.
      
    • 6.7 cashback and referral income are credited in hwealth wallet cannot use 100% for any purchase and for per purchase only 10 % to 30 % of amount will be using from hwealth wallet and remaining amount will be paid by member from his personal account as bank or other wallet( e.g. if member want to purchase anything on hwealth or from hwealth worth INR 100 rupee = 30% from hwealth wallet use and 70% from his own personal bank account or other wallet pay.) note- above given percentage usable amount is for example only and usable percentage may change time to time and merchant to merchant and vary according to the Loyalty Merchant.
      

    note- all this hwealth cashback and referral income and referral earning programme is private and not conjoined with any other scheme or offer run by merchant and government scheme, all cashback and referral earning are only on and for hwealth offer goods and service and not conjoined or superadded with any other offer run by merchant or any government. No referral income and cashack or any member benefit is provided on other offers run by merchant self or government scheme.[ E.g. for hospital and clinic cashback and referral earning only provided on cash patient and private insured patient only , this cashback and referral programme not applicable and can not be added with other scheme, as CGHS- central government health scheme, rajiv Gandhi health scheme or mjpjay or aayushman bharat health scheme or any central or state government scheme not conjoined or not consider for such scheme, here for cghs and all government scheme no cashback or no referral income or no any member benefit will not give or provided.

  • 7 Shopping Points
    • 7.1 A Member may be entitled to receive a certain number of Shopping Points for a Purchase, provided these are included in the discount negotiated by hwealth with the Loyalty Merchant.
    • 7.2 Shopping Points have no fixed monetary value. Their value is determined by the discount granted upon redemption at the Loyalty Merchant in question. Shopping Points cannot be paid out in cash and must not be transferred to another person for a fee. However, a Member may not transfer Shopping Points to another.
      
    • 7.3 If a Member redeems Shopping Points when making a Purchase, he/she will be entitled to Member Benefits based on the price paid after deducting the additional discount obtained through the use of Shopping Points.
      
    • 7.6 Shopping Points will expire at the end of the third calendar year following the year in which they were earned.
  • 8 Personal Member Area
    • 8.1 A Member must retain securely and confidentially his/her access data for his/her Personal Member Area (user name, password and PIN). Third parties must not be given access to this information. A Member is able to amend his personal settings at any time at www.hwealth.in
    • 8.2 A Member undertakes to notify hwealth without delay of any improper use of access to his Personal Member Area. Upon such notification, access to a Member’s account will be blocked immediately and new access data will be sent to the Member by text message, e-mail or post. Should a Member suffer loss as a result of improper use of his access data, hwealth’s liability is governed by the terms of Clause 12.
      
    • 8.3 Notwithstanding Clause 8.2, Members agree to be liable for all transactions made pursuant to the use of the access data in the Personal Member Area, with or without the Member’s knowledge or consent. Members acknowledge that hwealth is under no obligation or duty to verify the authenticity of any person who performs transactions through the use of valid access data.
      
  • 9 referral earning or referral income
    e.g. consider “ A “ is “Recommender “ hwealth member who promotes and refer hwealth website and application to “B”, “B” is referral person of “A”.
    • 9.1 “A” Recommender Member will receive referral earning for each Purchase made by his referral “b” as applicable respectively. The percentage granted by each Loyalty Merchant is listed at www.hwealth.in And hwealth application. Referral income only on purchase of active members only, no referral income till referred member is active and start purchase from hwealth , no referral earning or payments are made for promotion of hwealth or inactive non-functioning referral.
    • 9.2 Referral income or referral earning is not fixed amount or not a fixed percentage or not fix ration, it can change and can stop any time by hwealth. hwealth reserves the right to stop referral income anytime if hwealth feel it is not profitable and sustainable or harmful to hwealth and the member does not have any right to claim for it or raise any kind of voice or legal appeal for it. hwealth reserves the right to deviate from the provisions of these GTCs.
      Kindly note: The above-mentioned Member Benefits are not definite and subject to change, from time to time, as per hwealth’s discretion.
      
    • 9.3 referral earning or referral income is not fixed or not compulsory to pay or credited by hwealth, referral earning or referral income may not be pay or credited sometimes as referral earning can vary, change or differ from merchant to merchant and product to product.
      
    • 9.4 all referral earning and referral income will be credited in hwealth wallet only for respective hwealth id, that credited amount is non-transferable and cannot move to any other wallet or any other account, a member needs to use and spend this amount or value in hwealth application only. Member can not transfer or gift or move his credited amount to any other member account, need to use for personal use only.
      
    • 9.5 Provided that member should purchase at least one health package, one salon package, one hotel package from each service one pack should be purchase from hwealth in one year and every next year also purchase and so on. If a Member does not purchase one pack from each of this service within a period of one year, the amount of accumulated Cashback and referral earning will expire and referral income for the year will expire and not refund. In both these circumstances, hwealth will no responsibility for the loss and is member responsibility to purchase at a list in one year the minimum and advise of the consequences of not doing so.
      
    • 9.6 referral earning and referral income are credited in hwealth wallet cannot use 100% for any purchase and for per purchase only 10 % to 30 % of amount will be using from hwealth wallet and remaining amount will be paid by member from his personal account as bank or other wallet( e.g. if member want to purchase anything on hwealth or from hwealth worth INR 100 rupee = 30% from hwealth wallet use and 70% from his own personal bank account or other wallet pay.) note- above given percentage usable amount is for example only and usable percentage may change time to time and merchant to merchant and vary according to the Loyalty Merchant.
      
    • 9.7 With regard to special offers and any other special arrangements with Loyalty Merchants, hwealth reserves the right to deviate from the provisions of these GTCs. In order to bring to its Members as wide a range as possible of Loyalty Merchant offers, hwealth will also endeavor to make special discount agreements with its Loyalty Merchants and pass on comprehensive Benefits to its Members. Any special offers agreed with a Loyalty Merchant (e.g. unusual Purchases, such as limited term phone contracts or travel packages) will be listed on the Loyalty Merchant page at www.hwealth.in and hwealth application.
      
    • 9.8 The Benefits granted by each Loyalty Merchant are listed at www.hwealth.in and hwealth application. A Member is recommended to check the hwealth Website and application on a regular basis to keep himself/herself up-to-date with the conditions offered by each Loyalty Merchant. In the event of a change to the conditions offered by a particular Loyalty Merchant, hwealth reserves the right to amend the Member Benefits for this Loyalty Merchant. A Member’s entitlement to Member Benefits is based on the conditions in place at the time when the Purchase was paid for in full.
      

    note- all this hwealth cashback and referral income and referral earning programme is private and not conjoined with any other scheme or offer run by merchant and government scheme, all cashback and referral earning are only on and for hwealth offer goods and service and not conjoined or superadded with any other offer run by merchant or any government. No referral income and cashack or any member benefit is provided on other offers run by merchant self or government scheme.[ E.g. for hospital and clinic cashback and referral earning only provided on cash patient and private insured patient only , this cashback and referral programme not applicable and can not be added with other scheme, as CGHS- central government health scheme, rajiv Gandhi health scheme or mjpjay or aayushman bharat health scheme or any central or state government scheme not conjoined or not consider for such scheme, here for cghs and all government scheme no cashback or no referral income or no any member benefit will not give or not provided.

  • 10Data protection
    • 10.1 hwealth collects, stores and processes Member data such as details regarding shopping habits and previous Purchases, insofar as this is necessary to operate the hwealth Cashback and referral Programme. Provided the Member has given his consent, hwealth will also use the Member's data to personalize information about offers and products from hwealth and the Loyalty Merchants.
    • 10.2 Further details with respect to data that is collected by hwealth and the manner in which it is stored, processed or transmitted, are provided in the data protection declaration, available at www.hwealth.in and the Member is advised to review the same.
      
    • 10.3 All inquiries regarding the amendment or deletion of data can be directed to the grievance officer, at the contact details provided in the data protection declaration at www.hwealth.in
      
    • 10.4 hwealth uses established security equipment and methods to safeguard and protect its Members’ data from unauthorized access. hwealth’s liability for the security of data transmitted on the internet is governed by Clause 12 of this Agreement and the Data Privacy Policy.
      
  • 11 Disruptions to Service
    • 11.1 The scope of services offered by hwealth is restricted to the operation of the hwealth Cashback and referral Programme as described in these GTCs.
    • 11.2 The rights and obligations related to a Purchase shall apply solely to the Loyalty Merchant. Following the completion of a Purchase transaction with a Loyalty Merchant, hwealth assumes no warranty obligations or liability for the Loyalty Merchant’s service obligations, in particular for the Loyalty Merchant’s failure to fulfill obligations, in whole or in part.
      
  • 12 Liability
    • 12.1 Nothing in this Agreement shall operate to exclude or limit hwealth’s liability to a Member where it would be unlawful to do so.
    • 12.2 hwealth is responsible only for loss or damage suffered by a Member that are directly a result of hwealth (a) breaking its contract with a Member under these GTCs; or (b) failing to fulfill its obligations towards a Member, in terms of these GTCs. Notwithstanding anything contained in these GTCs, should there a breach or failure on the part of hwealth to fulfil any of its obligations, owing to an act of God or reason’s beyond hwealth’s control, in such circumstances, hwealth will not be held responsible for the resulting loss and consequently no indemnity can be sought for the same from hwealth. Further, hwealth will not responsible for any loss or damage, howsoever caused, that is not foreseeable or directly attributable to an act or omission on the part of hwealth.
      
    • 12.3 hwealth has no liability whatsoever arising out of a Member’s participation in the hwealth Cashback and referral Programme. In particular, but not as a limitation thereof, hwealth is not liable to a Member for:
      
      • (a) any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity; or
      • (b) any indirect or consequential loss or damage, litigation;
      • (c) any errors or omissions from the hwealth Website or application or any service or product obtained therefrom;
      • (d) the unavailability or interruption of the hwealth Website or application or any features and services thereof, due to the use of the hwealth Website or application or the contents and material contained therein; including, but not limited to interruptions to a Member's internet access, other technical and electronic issues (i) while exchanging data over the internet or (ii) when using the hwealth internet portal, hwealth SMS services and hwealth applications for mobile devices, provided hwealth is not responsible for these issues, technical and electronic issues for which hwealth is not responsible and that prevent Purchases from being recorded (in particular tracking errors and the resulting loss of data), unavailability of mobile networks or terminals, functional defects on a Member's mobile device; or
      • (e) the failure, for any reason, of a Loyalty Merchant to sell or supply the goods or services required by the Member; or
      • (f) a faulty/defective good or services supplied by a Loyalty Merchant, whether based on breach of Agreement, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
    • 12.4 A Member agrees to defend (if requested by hwealth), indemnify and hold hwealth harmless against all liabilities, claims, losses, damages and expenses that may arise out of or in connection with (a) the Member’s breach or anticipated breach of this Agreement or (b) the Member’s use of the hwealth Website or Member’s Personal Member Area, or (c) the Member’s Purchase at a Loyalty Merchant, or (d) the Member’s violation of any law, rules, regulations, codes, statutes, ordinances, orders of government or quasi-government authorities. Notwithstanding the foregoing, hwealth reserves the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that may be brought against them under this sub-clause.
    • 12.5 In as far as the liability of hwealth is limited or excluded, such limitations or exclusions shall also apply for the personal liability of hwealth employees, legal representatives, agents and sub-contractors.
    • 12.6 The limitations and exclusions of liability under this Clause 12 shall in no way affect the liability of hwealth in compliance with its obligations under the provisions of the applicable consumer protection laws in India. Except as otherwise provided in these GTCs, and especially under Clause 12.1, hwealth’s liability shall be limited to an amount equal to two times the amount of Cashback and referral income accumulated by the Member in the six-month period preceding the breach of this Agreement. The provisions of this Clause 12 will survive the termination or expiry of this Agreement or the Member’s membership with hwealth Cashback and referral Programme.
• 13 Exclusion of Warranties and Guarantees
  • 13.1 A Member expressly understands that participation in the hwealth Cashback and referral Programme is at his sole risk and discretion and hwealth disclaims all warranties and conditions of any kind. The scope of services offered by hwealth is restricted to the operation of the hwealth Cashback and referral Programme as described in these GTCs.
  • 13.2 The Loyalty Merchant will be responsible to the purchasing Member for the supply of goods or service, as the case may be, in accordance with the Loyalty Merchant’s terms and conditions. All interaction between a Member and the Loyalty Merchant, whether on an Online Shop or an offline shop, will be on a principal to principal basis and hwealth will not a party to such transactions. hwealth is not the seller or supplier of any Loyalty Merchant´s goods or services and thus is not bound by any of the legal obligations applicable to the sellers of these goods or services.
  • 13.3 Accordingly, hwealth makes no representations and has no control over or responsibility for:
    • 13.3.1 The quality, safety, or legality of the goods or services of Loyalty Merchants;
    • 13.3.2 whether the Loyalty Merchant can or will supply and pass good title to any goods or services;
    • 13.3.3 whether the quality of the goods or services offered by a Loyalty Merchants will meet the Member’s requirements;
    • 13.3.4 whether the service of a Loyalty Merchants will be uninterrupted, timely or free from errors; 13.3.5 whether the defects, if any, in the operation or functionality of the service of a Loyalty Merchants will be remedied.
  • 13.4 A Member should exercise no lesser degree of caution when entering into transactions with a Loyalty Merchant than he would when entering into similar transactions with any other merchant/retailer/ service provider/ hospital/ pharmacy/ pathology lab/ scan centre.
  • 13.5 Subject to the Clause 12, hwealth assumes no warranty, obligations or liability for a Loyalty Merchant’s service obligations, in particular for its failure to fulfill its obligations, in whole or in part. Should a Loyalty Merchant fail to fulfill its obligations, the Member is not entitled to make any claims against hwealth for any damages or compensation or remuneration in any form, be it full or partial reimbursement of the value of a Loyalty Merchant Voucher redeemed, the issuance of a new Loyalty Merchant Voucher, a cash payment or any other form of payment. The Loyalty Merchant is solely responsible for all claims resulting from its failure to fulfill its obligations or failure to fulfill obligations correctly.
• 14 Costs
  • 14.1 Registration and participation in the hwealth Cashback and referral Programme is free of charge for Members.
  • 14.2 A Member receives a Cashback Card for a fee as an applicable time to time of charge as applicable for material and product cost.
• 15 Termination by the Member
  • 15.1 A Member has entered into this Agreement of his own free will and may terminate this Agreement at any time, without penalty, by giving a written termination notice to hwealth in accordance with Clause 17.5 of this Agreement.
  • 15.2 In the event of such notice being given:
    • 15.2.1 the Member will receive an email confirming the termination and the Member will cease to be a Member upon such communication;
    • 15.2.2 the Member will not be eligible for any Member Benefits as referral income and cashback on future Purchases, upon termination;
    • 15.2.3 On termination by a Member, he is entitled only to receive Cashback arising from Purchases already made. All accumulated referral earning and cashback earning and Shopping Points will be forfeited on termination of the Agreement. However, should the Member terminate the Agreement due to a material breach by hwealth, the Member will be able to redeem any Shopping Points as described in Clause 7 within a period of eight weeks following the termination of the Agreement.
• 16 Termination by hwealth
  • 16.1 Without prejudice to any other rights or remedies that hwealth may have, hwealth is entitled to terminate the contractual relationship without cause with a notice period of 30 days or with immediate effect for good cause. Any such notice will be in accordance with Clause 23 of this Agreement. Good cause refers to:
    • 16.1.1 substantial damage to hwealth’s or a Loyalty Merchant's economic interests or reputation (in case a Member violates any legal provisions and/or third-party rights, or violates, endangers, infringes upon a legitimate interest of hwealth etc.);
    • 16.1.2 a material breach of the Member's contractual duties. The Member's material contractual duties include those set out in Clauses 2.4, 2.5, 3.3 and 3.4.;
    • 16.1.3 objection by a Member to any changes made to the GTCs by hwealth, in furtherance of Clause 17.4 of these GTCs.ight weeks following the termination of the Agreement.
  • 16.2 hwealth may also withdraw, amend, modify, suspend the hwealth Cashback referral Programme at any time in circumstances, such as in case the hwealth Cashback and referral Programme is no longer commercially viable for hwealth or is no longer viable due to any change in the applicable laws in India, in which case hwealth will use its reasonable endeavors to give a notice period of 30 days to the Member, in accordance with Clause 23 of this Agreement.
  • 16.3 The Member will indemnify hwealth in the event of a culpable breach of these provisions. This also applies for the costs of the defence of third party claims. Furthermore, hwealth is entitled to assert any claims against the Member resulting from a breach of the Member's duties, including claims for legal costs.
  • 16.4 In addition, and without prejudice to the right of hwealth to terminate this Agreement in accordance with Clause 16.1 above or otherwise, hwealth may by notice require a Member in breach of Agreement to rectify such breach within fourteen days of such notice and if he fails to do so, hwealth will have the right to terminate the Agreement with immediate effect, by notice in accordance with clause 16.1, above.
  • 16.5 In the event that hwealth terminates the Agreement in accordance with clause 16.1:
    • 16.5.1 the Member will cease to be a Member with immediate effect;
    • 16.5.2 the Member will not be eligible for any Member Benefits on future Purchases, upon termination;
    • 16.5.3 On termination by hwealth, a Member is entitled only to receive Cashback arising from Purchases already made and not referral earning. Should hwealth terminate the Agreement for good cause where the Member is not at fault, the Member can redeem his Shopping Points within 8 weeks following termination of the Agreement in accordance with Clause 7. Any Shopping Points will otherwise be forfeited upon termination of the Agreement.
    • 16.5.4 hwealth will not be liable to any Member for any loss or damage or expense of any kind, arising out of termination, whether direct or indirect or consequential. otherwise be forfeited upon termination of the Agreement.
• 17General Provisions
  

  note- all this hwealth cashback and referral income and referral earning programme is private and not conjoined with any other scheme or offer run by merchant and government scheme, all cashback and referral earning are only on and for hwealth offer goods and service and not conjoined or superadded with any other offer run by merchant or any government. No referral income and cashack is provided on other offers run by merchant self or government scheme.[ E.g. for hospital and clinic cashback and referral earning only provided on cash patient and private insured patient only , this cashback and referral programme not applicable and can not be added with other scheme, as CGHS- central government health scheme, rajiv Gandhi health scheme or mjahatma jyotoba phule jan arogya yojana or aayushman bharat health scheme or any central or state government scheme not conjoined or not consider for such scheme, here no cashback or no referral income or no any member benefit will not be given or not provided.

  • 17.1 Without the prior written approval of hwealth, the agreement between hwealth and the Member is not assignable by the Member nor can the liabilities or rights arising from participation in the hwealth Cashback and referral Programme be used as security.
  • 17.2 Participation in the hwealth Cashback and referral Programme constitutes merely a contractual relationship and therefore does not establish any other relationship between the Member and hwealth (including its parents, subsidiaries, sister companies and affiliates) such as a corporate society, membership of any clubs/societies/associations or “membership” in the sense of being a shareholder / stockholder of hwealth, its parents, subsidiaries, sister companies and affiliates.
  • 17.3 Individual agreements always take precedence over these GTCs. All such agreements must be made in writing or confirmed in writing by hwealth. It is assumed that the parties have not entered into any verbal agreements. hwealth is further entitled to forward any contractual declarations and information necessary for the execution of the Agreement to the Member by text message or email, provided that the Member has disclosed the relevant contact details and does not object to this.
  • 17.4hwealth reserves the right to change these GTCs prospectively, at any time and without any reason, including but not limited to changing the Benefits of the hwealth Cashback and referral Programme and every such amendment will be published on the hwealth Website and application. Members may be notified of amendments made to the GTCs by email; however, each Member agrees that hwealth may notify him by publishing the amendments on the hwealth Website and application. The Member agrees that the GTCs, as published on the hwealth Website and application, at any given point in time, shall be legally binding. Changes made to these GTCs, pertaining to Member Benefits, shall be communicated to the Member by hwealth through email, and such changes shall be deemed to be accepted by the Member if the Member does not object to their applicability within 30 days of receipt of the written notification of a change.
  • 17.5 Any notice required to be given under this Agreement will be in writing in English and will be delivered or sent by email to each party required to receive the notice at its address as set out below: (a) if to hwealth- at post taloda, dist- nanadurbar 425413 or email at care@hwealth.in; (b) if to the Member: to the address/ email address given by the Member at the time of registration in the Cashback and referral Programme or to such other address specified by the Member by notice in writing to hwealth.
  • 17.6 Any notice will be deemed to have been duly received: (a) if by post, 7 (seven) days after it is sent, or (b) if delivered personally, at the registered address of hwealth, in case of the hwealth, or at the address given by the Member at the time of registration or at his latest notified address, in the case of a Member; or (c) if sent by email, twelve (12) hours after it is sent.
  • 17.7 The provisions of this clause will not apply to the service of any process in any legal action or proceedings, in which case any notice, communication or statement relating to this Agreement will be in writing.
  • 17.8 Words in the singular will include the plural and vice versa. A reference to one gender will include a reference to the other gender.
  • 17.9 The illegality, invalidity, or unenforceability of any provision of this Agreement will not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally will be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
  • 17.10 This Agreement will be governed by and be interpreted exclusively in accordance with the laws of the Republic of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, will be referred to and finally resolved exclusively by the courts of taloda, district nandurbar.
  • 17.11 A Member must be at least eighteen years old in order to register and participate in the hwealth Cashback and referral programme. Subject to these GTCs, a natural person is eligible to become a Member; he should be competent to the Agreement as required by section 11 of the Indian Contract Act, 1872 and he should have a bank account in his own name. For a natural person to become a Member, the following conditions must be fulfilled:
    • (a) He should be at least 18 years old, on the date of his accepting these GTCs;
    • (b) He should not be of unsound mind and;
    • (c)He should not be insolvent.
  • 17.12 A Member is responsible for all charges, fees, taxes etc. accrued by the Member as a result of receiving Member Benefits.
• Refund policy
  • 18.1 No refund policy, No refund will be given on payment is done to buy any package or payment done for booking any service. And for payment done for buy any pack, in that case, it is the sole responsibility of the member to confirm an appointment date and time with loyalty merchant and complete order, hwealth will not responsible for failure to do so and failure to complete order and booking.
  • 18.2 Any refund if applicable will be credited only in hwealth wallet only, which is non-transferable and need to use and spend that amount on hwealth application only.
  • 18.3 Hwealth reserve all refund rights, and hwealth decision on refund shall be our sole discretion and shall be final and binding to all members.
  • 18.4 Hwealth reserve sole right to cancel your order any time and without prior intimation also. Hwealth can cancel your appointment if failure to contact you by phone or mail at the time of confirming the order booking. And unavailable of date and time for what you desire to take appointment or unavailability of date and time at merchant side to complete order.
  • 18.5 Payment done for booking any services and want to cancel it, no refund will be done of the paid amount for booking.

  Note- payment done for booking any service on hwealth will be credited to hwealth wallet only if booked service for what payment is done is used and the customer has paid the full amount as charge normally by the merchant for that service to loyalty merchant and merchant confirm the purchase and transaction is complete. If a customer has paid full amount then no refund in such case.
  Note- booking service is the only platform for members to take chance of claim cashback and earn referral income, but hwealth do not carry any responsibility for confirming appointment date and time, and completion of booking service by loyalty merchant for what booking is done, sometimes booking may fail or canceled by loyalty merchant in that case member will not blame hwealth and member will not demand hwealth for complete such booking.

  • 18.6 Hwealth cannot be responsible for the modification/cancellation of a service by the loyalty merchant. In case of cancellation of a service, the customer must communicate with the loyalty merchant responsible for the service for a change or change an appointment date and time or a refund of the payment.
  • 18.7 if a refund is accepted by any loyalty merchant, that refund will be credited only in hwealth wallet only. And need to use and spend this on hwealth application only.

Annex 1

Glossary

“Cashback” is a Member Benefit described in greater detail in section 6.1.1.
“referral income” is member earning form his referral member activity of purchases on hwealth..
“Cashback Card” is a paper, plastic, or electronic (online) card. It is not a credit card or a stored value card. It can only be used to register the Purchases made by a Member. It also does not confer upon the Member any rights or Benefits other than as laid down in these GTCs.
“Recommender” is a Member (Loyalty Merchants, cooperation partner, etc.) that has referred another Member or that is listed in hwealth under one of the requirements of section 9 as the Recommender of the respective Member.
“Registration Flyer” is the document that has to be completed, signed, and sent to hwealth in the case of an offline registration, in order to submit a binding offer to hwealth to establish membership.
“hwealth Cashback and referral Programme” is the shopping programme operated by hwealth, that enables a Member to receive Member Benefits when purchasing goods and services from Loyalty Merchants.
“hwealth Website” is www.hwealth.in
Hwealth application is android or apple or ios application for mobile phone.
“Members” are all persons, natural or legal, who have entered into an Agreement with hwealth to establish membership in the hwealth Cashback and referral Programme according to these General Terms and Conditions, for as long as this Agreement exists, i.e. has not ended through its termination by one of the contracting parties. “Member ID” is a unique number allocated by hwealth that serves to identify the Member and to record Purchases made from Loyalty Merchants.
“Member Benefits” are all benefits which the Member receives by making Purchases from Loyalty Merchants in the hwealth Cashback referral Programme. Benefits in this sense include Cashback, referral earning as well as Shopping Points.
“Loyalty Merchants” are business entities that have a contractual relationship with hwealth and from which Members can obtain Member Benefits from the hwealth Cashback and referral Programme by purchasing goods and services.
“Online Shop” is a website/web-portal/web-platform of an online Loyalty Merchant that has entered into a contract with hwealth to provide Member Benefits when a Member makes a Purchase.
“Purchase” is the acquisition by a Member of goods or services from a Loyalty Merchant either through its online or offline shop, and that is recorded in the hwealth Cashback and referral programme. “Personal Member Area” is the login area of the respective Member on the hwealth Website or application, which is described in greater detail in section 8.
“Shopping Points” are the Purchasing Benefit described in greater detail in section 7.