legally binding agreement (“Agreement”) between you and us (“Atharvva Wellness Private
Limited”(AWPL) , “Foona”, “Our”, “We”).
A. DEFINITIONS AND INTERPRETATION
1. Terms, not defined elsewhere in this agreement, shall mean as follows:
a) “App” means the android mobile platform downloadable from Google Play Store
and owned by Atharvva Wellness Pvt. Ltd, including any updates thereof.
b) “Google Play Store” means-the service provided by Google Ireland Limited, a third
party and/or its affiliates, used in order to download the App
c) “User” or “Your” or “You” refers to a natural person who has accepted this
Agreement in order to download and use the App. Any reference to a natural person
shall, include his/her heirs, assignees and executors, unless repugnant to the
2. Any reference to one gender includes a reference to other gender(s), and reference to
the singular includes a reference to the plural and vice versa, unless mentioned
B. YOUR APPROVAL
1. You approve of and accept this Agreement by:
a) Downloading and/or installing the App on your device – or
b) Accessing or using the App or any of the content available within the app from any
C. PROVISION OF THE APP
1. The App aims to provide You content available in public domain, in an concise and
interesting manner for easy access to you and enable You to access content
corresponding to Your interest. You agree and acknowledge that the App does not
broadcast any content on its own accord and Foona is not responsible or liable for the
content or accuracy of the content that you may access through the App.
2. To provide the App and its features to you, we may request you to provide information
about yourself. We trust that all information provided by you will be accurate, complete
and up to date.
3. The content provided on the App is for your personal and non-commercial use only. You
are not allowed to use any original/copy/derivative works of our content for any on-
going or implied commercial or public use.
4. We may stop, modify or change the provision or nature of the app and/or these terms at
our sole discretion, without any prior notice to You. Your use of the App following any
such action constitutes your deemed acceptance to be bound by the Agreement (or as it
may be modified).
D. YOUR AGREEMENT WITH FOONA
1. A violation of this Agreement may result in a legal liability upon You and nothing in this
agreement should be construed to confer any rights to anyone. You are responsible for
Your conduct and activities while using this App, and for any consequences thereof.
2. If any provision of the Agreement is found to be unenforceable under the applicable law,
it will not affect the enforceability of the other provisions of this Agreement. If any
provision of this Agreement is held to be invalid or unenforceable, such provision shall
be deemed superseded by a valid enforceable provision that most closely matches the
intent of the original provision.
3. Our choice to not act with respect to a breach of this Agreement by You or others does
not mean that We cannot or will not act on subsequent or similar breaches. Our
intended or unintended choice to not exercise or enforce any provision of this
Agreement shall not constitute a waiver of such right or provision.
E. USING THE APP
1. You will download and install the App from Google Play Store. You will also download
and update the relevant latest versions/updates of the App to avail continued access to
2. You will use the App only for such purposes as is permitted by this Agreement and
corresponding laws, regulations and general practices applicable in the country of which
You are a citizen, in which you are a resident or from where you use the App.
3. While currently the App is available to You free of cost, We may amend these Terms and
impose a cost on accessing/using the App in future. We will try our best to give You a
prior notice in this regard.
F. RESTRICTIONS ON YOUR USE
1. You will not use the App or any content provided thereof for any purpose that is
unlawful or prohibited by this Agreement including but not limited to not redistribute,
sublicense, publish, sell, lease, transfer or otherwise make the App or any
component/content, available to third parties.
2. You will not circumvent or disable usage rules or other features of the App; and not use
the App in a manner that threatens the integrity, performance, or availability of the App.
3. You will not engage or attempt any activity that may:
a) Reverse engineer, decompile or otherwise extract the source code related to the
App or any part thereof.
b) Create any user accounts by automated means or under false or fraudulent
pretences using the app or use any robot, spider, retrieval application, or other
instruments to retrieve or index any portion of the App or content thereof.
c) Use the App in any manner that could damage, disable, overburden, or impair, or
undertake any action which is harmful to, any of the servers, networks, computer
systems or resources connected, directly or indirectly to the App, or interfere with
any other third party’s use of the App.
1. Your access to the App may be terminated if –
a) You voluntarily uninstall/delete the App from Your device;
b) You knowingly or unknowingly cause direct or direct breach, as ascertained by
c) You do not pay the requisite fee, if any, should Foona charge for use of the App.
2. We may have to terminate Your access to the App if –
a) We are required to do so by law
b) The provision of App to You, is no longer commercially viable or feasible for Us; or
c) You are an infringer of this Agreement.
3. We may terminate this Agreement at any time, with or without notice and may procure
disabling Your access to the App and/or barring You from any future use of the App.
H. INTELLECTUAL PROPERTY
1. Your use of the App is, at all times in abidance with the laws regarding copyright,
trademark, patent, and trade secret ownership and use of intellectual property, and You
shall be solely responsible for any violations of any laws and for infringements of any
intellectual property rights caused by Your use of the App through Your device.
2. Foona owns and retains all the intellectual property rights to the format and content
made available to You through the App.
3. The App and any underlying technology or software used in connection with the App
may contain rights of Foona or its affiliates or any third party.
1. We agree and will try our best to maintain complete confidentiality of Your personal
data and protect Your privacy when You use the App. By using the App, You agree to
Foona holding and using such data as per our policy.
J. LIMITATION OF LIABILITY AND INDEMNIFICATION
1. Your use of the App or any content available thereof is entirely at Your own risk and We
shall not be liable for any direct, indirect, incidental, consequential, special, punitive,
monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising
out of or relating to Your use of the App.
2. You shall defend, indemnify and hold Foona, and its officers, employees,
representatives, agents and directors harmless from and against any claims, actions,
demands, liabilities, judgements and settlements, including but not limited to, legal fee
that may result from or alleged to result from Your use of the App or Your breach of any
rules, regulations under any applicable law.
3. We disclaim all warranties in relation to the App, including but not limited to; App being
constantly available, without any disruptions, delays or errors; Your personal ability to
use the App; Your satisfaction with the use of the App; the accuracy of the data provided
by the App; the security and privacy of Your data; that the App will be compatible with
all devices and all network.
K. GOVERNING LAW AND DISPUTE RESOLUTION
1. This Agreement shall be governed by and shall be construed in accordance with the laws
of India. All disputes relating to this Agreement shall be settled in the courts located at
2. The App may be controlled and operated through any country and may be subject to the
laws of that country. If You use the App from any location, then, You are responsible for
compliance with local laws applicable to you.
3. You and Foona agree that any cause of action arising out of Your use of the App must be
commenced within 1 (one) month after the cause of action accrues or You become
aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such
cause of action shall be permanently barred.
1. Foona may post/send notices within the App or on the email address or telephone
number that You have shared with Us. You will have deemed to receive such notices
within 3 (three) days of Us sending the notice. Your continued use of the App on expiry
of such 3 (three) days shall constitute Your receipt and acceptance of the notice(s) sent
1. The contents provided through the App may include technical or typographical
inaccuracies. The contents or any information available on the App is provided “as is”
and “as available” and without warranties of any kind, either expressed or implied.
2. We shall not be liable for any misuse or data theft as a consequence of Your use of the