Terms Of Use

Terms Of Use

These Terms of Use read with the Privacy Policy available at www.gomalon.com (jointly referred to as “Terms”) govern the use of the Services (as defined hereunder) offered by Gomalon Technology Ventures Private Limited ("Gomalon") at and through its website www.gomalon.com (“Site”) . These Terms may be changed by Gomalon from time to time at its sole discretion. The modified Terms shall be posted on the Site and shall be effective from the date of notification thereat. Your use of the Site subsequent to the modification will be deemed acceptance to the changes.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. ACCESS TO THIS SITE IS SUBJECT TO YOUR ACCEPTANCE TO THESE TERMS (INCLUDING MODIFICATIONS THERETO, IF ANY, FROM TIME TO TIME). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, YOU MUST NOT SUBSCRIBE TO OR USE THE SITE.

TERMS

1. Definition

  1. 1.1 In these Terms, references to the following terms shall have the meanings ascribed to them hereunder:
    1. a) “you” and/or "User" shall mean the end user accessing the Site, its Contents and/or using the Services offered through the Site.
    2. b) "Service Providers" mean independent third party service providers, and
    3. c) "we", "us" and "our" shall mean Gomalon, its franchisor, affiliates and partners.

  2. 1.2. Other terms defined elsewhere under these Terms when used with capitalized first letter shall have the meaning ascribed to them thereunder.

    1. 2.1. Gomalon welcomes you to the Site. The Site is an internet based content and e-commerce portal which provides the Users (i) access to details of, (ii) reviews relating to, (iii) appointments for, and (iv) other services in relation to, the various services provided by different cosmetologists in the wellness industry including salons, spa, fitness centres, ayurvedic centres among others (collectively referred to as “Services”). Use of the Site is conditioned on the acceptance of these Term unconditionally, as may be posted on the Site from time to time.

    2. 2.2. Gomalon at its sole discretion reserves the right not to accept a User from registering on the Site without assigning any reason thereof.

    1. 3.1. You will be required to register for an account on the Site in order to take advantage of certain features of the Services. If you choose to sign up and register an account on the Site or use third party account login services like facebook or google, you will fill in your complete and accurate details in the registration form available at http://www.gomalon.com/register.html and pay any applicable subscription fee, as mentioned in the registration form. You will be issued an account identity and password (“Subscription Account Information”) to access and use the Site upon due completion of the registration process.

    2. 3.2. You will be responsible for (i) maintaining the security and confidentiality of, and (ii) all activities that occur under your, Subscription Account Information. You agree to (a) immediately notify Gomalon of any unauthorized use of your Subscription Account Information or any other breach of security, and (b) Gomalon recommends that you exit from your account at the end of each session if using a public computer. Gomalon will not be liable for any loss or damage arising from your failure to comply with this Section. Gomalon reserves the right to terminate your account at any time if (i) it is found that you have been sharing the Subscription Account Information with any unauthorized user or have been using account for any illegal or unauthorized purpose; or (ii) you do not access the account at the Site for a consecutive period of six (6) months; or (iii) at the sole discretion of Gomalon, without notice to you.

  • 4.1 You agree to defend, indemnify and hold harmless the Gomalon and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to, the Site including as a result of use of the Services, or any payment obligations incurred through use of the Services, or as a result of any interaction between you and another user; (ii) your violation of any these Terms; (iii) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right. This Section will survive the termination of these Terms and your use of the Services.
    1. 5.1. The Site including the all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Site, and their selection and arrangement (collectively, the "Content"), is owned and controlled by Gomalon. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and other applicable intellectual property laws.

    2. 5.2. The trademarks, logos and service marks displayed on the Site ("Marks") are the property of Gomalon or its vendors. You are not permitted to use the Marks without the prior written consent of Gomalon or the applicable vendor who owns the concerned Mark.

    3. 5.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Gomalon owns all intellectual property rights to and into the trademark "gomalon", and the Site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

    4. 5.4. You acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Site through any medium without obtaining the necessary authorization from Gomalon or thirty party owner of such content.

    5. 5.5. Links on the Site to third party websites or information are provided solely as a convenience to you. Gomalon has no responsibility or liability for any content on other website's that you may find or access when using Services. Content available on or through other websites may be protected by applicable copyright and other intellectual property laws. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Gomalon of the third party, the third-party’s website, or the information contained therein. In such a case, with respect to usage of the content, you will be governed by the terms of use of those website's, and not of the Site. With regard to the content available on the Site which is sourced from other third parties and/or where any such content is purchased or downloaded through the Site, the content usage rules as provided for hereunder will be applicable in addition to the third party rules contained in the respective third party end user license agreements.

    6. 5.6. If you would like to link to the site, you must seek prior written approval of Gomalon. Unless specifically authorized by Gomalon, you may not connect "deep links" to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other website or web page.

    7. 5.7. Gomalon may source content from third parties and may at its discretion license to provide the content to you on the Site. Gomalon has taken all reasonable care to check the adequacy of the rights of the third party content providers. If you believe that your or any third party's intellectual property rights have been violated by Gomalon's inclusion of any part of the content on the Site, please send the following information to Gomalon at info@gomalon.com :
      1. a) description of the copyrighted work or other intellectual property right that you claim has been infringed;
      2. b) description of where the material that you claim is infringing is located on the Site;
      3. c) your name, address, telephone number and e-mail address where Gomalon may contact you;
      4. d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
      5. e) a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
      6. f) such other information as you may deem necessary for your purpose.

    8. 5.8. Gomalon will promptly examine the notice and forward your notice to the relevant content provider. Also when required and Gomalon will remove the content only if satisfied of the claim. It may request additional information before removing the infringing content from the Site, which you agree to provide

    1. 6.1. Disclaimer regarding pictures and sounds:
      1. 6.1.1. A Vendor may advertise services or experiences on the Site and it is understood that the Vendor has an up-to-date regulatory authorization, license, or certification. gomalon.com does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Vendor.

      2. 6.1.2. gomalon.com only allows it’s users to book online for their favorite/convenient/desired spa/salon/Ayurveda Vendors; Gomalon.com does not regulate the services offered in the Vendor premises. All/any governing is between the Vendor’s state judiciary laws/rules and the Vendor; Gomalon.com does not take any responsibility of incidents which may occur during the service or after the service rendered by the Vendor..

      3. 6.1.3. The Vendor is a third party unrelated to gomalon.com that sells, supplies and/or provides the Vendor Offering on gomalon.com website or mobile application. gomalon.com itself does not indulge in any selling activity of Vendor Offerings. gomalon.com displays the Merchant Offering on gomalon.com website or mobile application and acts as a collection agent for the Vendor for Vendor Offerings on the gomalon.com website or mobile application. Once a user makes a purchase of the Vendor Offering on gomalon.com website or mobile application, gomalon.com provides you with a Voucher/Confirmation Order ID which will enable you to avail the Vendor Offering..

      4. 6.1.4. gomalon.com is not a health or wellness provider but only an online booking platform for such Vendors and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site..

      5. 6.1.5. If a User is dissatisfied/unhappy about the pre-booked service while he reaches the Vendor place, it is strongly advised to not take the service and call/write to Gomalon.com for which Gomalon.com will be happy to find other alternative solutions; complaints about the Vendor place/service provided, or anything to do the with Vendor during the process of the service or after the service, needs to be sorted directly with the Vendor and Gomalon.com will not take any responsibility of the same as it is out of its purview once the user has proceeded to take the service.

      6. 6.1.6. Gomalon disclaims any representation and warranties for the security, reliability, timeliness, and performance of (i) the Services, (ii) third party products or services advertised on or received through any links provided on this Site (iii) any information or advice received through such third paty’s website, links or products or services.

      7. 6.1.7. Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services and content is provided on an "as is", "as available" and "with all faults" basis with no representations or warranties whatsoever. All express, implied, and statutory representations and warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are expressly disclaimed to the fullest extent permitted by law. Information on the Site should not necessarily be relied upon and should not to be construed to be professional advice. Gomalon does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information

      8. 6.1.8. Gomalon makes no warranty or representation that: (a) the Site or the data center that may be used by Gomalon will be uninterrupted, timely, secure, problem-free or error-free; (b) the results that may be obtained from the use of the site will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the site will meet your expectations or requirements; or (d) any errors on the Site will be corrected.
      9. 6.1.9. You understand and agree that any material, content or Services obtained or used through the use of this Site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material, content or Services including any damages resulting from computer viruses.


    2. 6.2. Disclaimer of representations and warranties:
      1. 6.2.1. Pictures and sounds located or available on the Site do not give the right to authorize you to publish or republish any photographs, images, or audio or video files or any content accessed through the Site. All of the content which you locate by searching on the Site may be owned and served by third parties other than Gomalon. Gomalon may provide you with the url or address of the content. If you intend to make use of any content accessed through the Site for any commercial purposes, we strongly suggest that you contact info@gomalon.com for permission to use the content.

      2. 6.2.2. To the full extent permitted by law, Gomalon is not liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Gomalon has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site, content or service; (b) the cost of procurement of substitute content or services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behaviour, or false or fraudulent transactions; or (d) content, software or information you may download, use, modify or distribute.


    3. 6.3. User submitted ratings and reviews are moderated by Gomalon and publishing of the same is purely based solely on Gomalon's discretion.

    1. 7.1. If you violate any of the Terms or if Gomalon has reasonable grounds to believe that you have violated any of the Terms, Gomalon may at any point of time, either temporarily or indefinitely, terminate your access to the Site or Services or any part thereof without waiving any other rights and without giving any prior notice to you. It is agreed that in the event Gomalon terminates your Services or your access to the Site because you do not make applicable payments on a timely basis, Gomalon has a right to suspend the service or your access to the Site immediately and take such other steps as may be permissible. You shall be liable to pay for any Service or product that you have already ordered till the time of termination by either party whatsoever.

    2. 7.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gomalon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gomalon has the right to suspend or terminate the service or your access to the Site (or any portion thereof).

    3. 7.3. You also agree that your sole remedy under the Terms is cancellation of the Services.

  • The agreement is governed by the laws of the republic of India. You consent to the exclusive jurisdiction and venue of courts in Bangalore, India in all disputes arising out of or relating to the use of the Site or Service.
  • If any part of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms are fully enforceable and legally binding.
    1. 10.1. During the time of my appointment, I’ll not be under the influence of alcohol or any abusive substance.
    2. 10.2. I’ll not request for any illegal/sexual favors from the massage therapist.
    3. 10.3. Medical condition risks must be disclosed prior to the start of the massage.
    4. 10.4. Minors below the age of 18 should be accompanied by a parent or guardian for the entire duration of the massage.
    5. 10.5. Any services taken outside of the online purchase, must be paid to the Spa directly and separate to the online purchase.
    6. 10.6. This pricing is valid only if purchased on Gomalon portal.
    7. 10.7. All persons utilizing the services, will do so at their own risk; Gomalon or the goSpa vendor will not take any responsibilities towards loss, injury, fatality or any damage.
    8. 10.8. Right of admission is reserved by the goSpa partner.
    9. 10.9. Gomalon reserves the right to cancel the appointment without prior notice.
    10. 10.10. Gomalon reserves the right to change the goSpa vendor without prior notice.
    11. 10.11. All order IDs need to be redeemed within 30 days from the date of booking. After which, the respective order IDs will get expired and the vendor will not be able to redeem the same.
    1. 11.1. During the time of my appointment, I’ll not be under the influence of alcohol or any abusive substance.
    2. 11.2. I’ll not request for any illegal/sexual favors from the massage therapist.
    3. 11.3. Medical condition risks must be disclosed prior to the start of the massage.
    4. 11.4. Minors below the age of 18 should be accompanied by a parent or guardian for the entire duration of the massage.
    5. 11.5. Any services taken outside of the online purchase, must be paid to the Spa directly and separate to the online purchase.
    6. 11.6. This pricing is valid only if purchased on Gomalon portal.
    7. 11.7. All persons utilizing the services, will do so at their own risk; Gomalon or the goSpa vendor will not take any responsibilities towards loss, injury, fatality or any damage.
    8. 11.8. Right of admission is reserved by the goSpa partner.
    9. 11.9. Gomalon reserves the right to cancel the appointment without prior notice.
    10. 11.10. Gomalon reserves the right to change the goSpa vendor without prior notice.
    11. 11.11. All order IDs need to be redeemed within 30 days from the date of booking. After which, the respective order IDs will get expired and the vendor will not be able to redeem the same.
    1. 12.1. During the time of my appointment, I’ll not be under the influence of alcohol or any abusive substance.
    2. 12.2. I’ll not request for any illegal/sexual favors from the massage therapist.
    3. 12.3. Medical condition risks must be disclosed prior to the start of the massage.
    4. 12.4. Minors below the age of 18 should be accompanied by a parent or guardian for the entire duration of the massage.
    5. 12.5. Any services taken outside of the online purchase, must be paid to the Spa directly and separate to the online purchase.
    6. 12.6. This pricing is valid only if purchased on Gomalon portal.
    7. 12.7. All persons utilizing the services, will do so at their own risk; Gomalon or the goSpa vendor will not take any responsibilities towards loss, injury, fatality or any damage.
    8. 12.8. Right of admission is reserved by the goSpa partner.
    9. 12.9. Gomalon reserves the right to cancel the appointment without prior notice.
    10. 12.10. Gomalon reserves the right to change the goSpa vendor without prior notice.
    11. 12.11. All order IDs need to be redeemed within 30 days from the date of booking. After which, the respective order IDs will get expired and the vendor will not be able to redeem the same.