Booking Terms and Conditions
These Booking Terms and Conditions (“Terms and Conditions”) was last updated: 1st May, 2020. These Terms and Conditions is effective as of: 1st April, 2020.
Please read these Terms and Conditions carefully before you complete any transactions via the Website or App as these Booking Terms and Conditions will apply to your transaction. We recommend that you print a copy of these Terms and Conditions for future reference. If you do not agree with these Terms and Conditions, you must not use our Website or App to make a booking.
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Defined Terms
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For ease of reference the following terms shall having the following meanings in these Terms and Conditions:
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“App” means the HeppyLife Customer mobile application software available for download from iTunes and Google Play;
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“Customer" , "you" and "your" means you, the buyer of any Services;
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“Dated Booking" means an appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website or App.
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“Order” has the meaning given in section 3.1 below;
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“Order Confirmation” has the meaning given in section 3.4 below;
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"Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website or App;
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“Partner Contract” has the meaning given in section 2.3(2) below;
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"Services" means any products, goods and/or services of a Partner offered for purchase or booking via the Website or App;
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“HeppyLife Contract” has the meaning given in section 2.3(1) below;
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"HeppyLife Gift Card" means any gift card issued by HeppyLife and which may be redeemed on the Website or the App to discount the purchase price of Services, in accordance with clause 7. HeppyLife Gift Cards are available for purchase in the following denominations: Rs. 1000/-and multiple of Rs. 1000/- ;
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Introduction and relationship between you, us and third party partners
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This Website or App are operated by HLIFE INFO SOLUTIONS PRIVATE LIMITED (“Hepplife”), shall be contacted at [email protected].
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The Website or App allow you to book and pay for a broad range of fitness, beauty and wellness services from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. The provision of the Services booked via our Website or App is the responsibility of the Partner which provides them. In the event you pay for Services via the Website or App, your payment will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.
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The legal implications of this is that when you purchase Services, with the exception of Orders made using the “Pay at Venue” option on the Partners website where no binding contract is formed, it will create two binding legal contracts:
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a contract between you and HeppyLife (under which HeppyLife has certain responsibilities to you in relation to the purchase or booking) (the “HeppyLife Contract”). That contract is made based on these Booking Terms and Conditions; and
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a contract between you and the relevant Partner in respect of the provision or supply of the Services which you book through the Website or App (the
“Partner Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period selected by the Partners in consultation with HeppyLife, which we will notify you of before you make a booking on the relevant Partner's page on the Website or App.
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All Services available for purchase on the Website or App are offered by HeppyLife on behalf of its Partners. That is, HeppyLife takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website or App (including those Services purchased using HeppyLife Gift Cards).
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We amend these Booking Terms and Conditions from time to time as set out in clause 10. Every time you wish to make an Order on the Website or App, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
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Orders and how the contract is formed between you and us
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There are two types of order ("Order") you can make on the Website or via our App: (a) Orders for Services and (b) Orders for HeppyLife Gift Cards.
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In respect of Orders for Services, there is just one way you can place your Order, a Dated Booking;
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The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.
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We are appointed as the commercial agent of the Partner to conclude Dated Bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) (“Order Confirmation"). In respect of Orders for HeppyLife Gift Cards, receipt of an electronic voucher (if earlier) will count as an Order Confirmation. Your Order Confirmation is your receipt from HeppyLife. If you require a GST receipt you need to contact the Partner directly. See clause 8.2 for more information.
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For Dated Bookings, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your appointment is not due to take place within the next 1 hour (or otherwise as determined by the Partner and as shown on the booking page before you make your appointment), then please either do so via the Website or App (if available), by following the link in your Order Confirmation, by contacting us at [email protected], or directly with the Partner, and we will endeavour to offer you a suitable alternative time and/or date. Please note that our ability and the Partner’s ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule your appointment, whether or not you are eligible for a refund will depend on whether or not your appointment is due to take place in the next 24 hours (as determined by the relevant partner)
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If your appointment is not due to take place within the next 24 hours, your appointment will be treated as cancelled by you and you will receive a refund; or
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If your appointment is due to take place within the next 24 hours, your appointment will be treated as cancelled by you and you will not receive a refund.
Please note you cannot reschedule your appointment details (time/date) (in whole or in part) where your appointment is due to take place within the next 1 hour.
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Please note, as set out in our Website & App Terms of Use, we reserve the right to withdraw access to our Website and/or App and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
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Services
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Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.
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All Services shown on the Website or App are subject to availability and the images and/or descriptions of the Services on the Website or App are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website or App is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner's responsibility to ensure that all of its Services listed on the Website or App are available and accurately described.
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If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Nothing in these Booking Terms and Conditions will affect these legal rights.
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It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 9.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither HeppyLife nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
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Cancellations
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In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or HeppyLife Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out in this clause 5.
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If you change your mind about an Order for a Dated Booking or a HeppyLife Gift Card and wish to cancel it, the following cancellation terms apply:
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Dated Bookings
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You may cancel (in whole or in part) a Dated Booking up to 24 (as determined by the relevant Partner) prior to your appointment taking place and we can offer you a full refund of the applicable amount via the original method of payment. However, if you cancel within the 24 hours (as determined by the relevant Partner) prior to your appointment taking place, you will notbe eligible for a refund.
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Cancellations of Dated Bookings must be made by one of the following methods:
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using your HeppyLife account via the Website or by using the App (if available);
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following the link in your Order Confirmation;
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directly with the Partner; or
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emailing our Customer Experience team on [email protected].
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PLEASE NOTE THAT IN A SMALL A NUMBER OF CIRCUMSTANCES IT MAY NOT BE POSSIBLE TO CANCEL A DATED BOOKING BUT WE WILL DRAW THIS TO YOUR ATTENTION BEFORE YOU PLACE YOUR ORDER SO THAT YOU CAN DECIDE WHETHER OR NOT YOU ARE PREPARED TO PROCEED WITH ENTERING INTO THE CONTRACT ON THAT BASIS.
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PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED 24 HOURS (AS DETERMINED BY THE RELEVANT PARTNER) OR LESS FROM THE TIME OF THE SCHEDULED APPOINTMENT.
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Resolving Issues
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We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners or their Services, please either:
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speak to the Partner yourself to try and resolve the issue;
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leave an honest review on the Website or via the App to reflect your experience; and/or
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email us at [email protected] and we’ll do our best to help.
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Following receipt of a complaint we will contact the Partner to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Partner, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
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give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the App to reduce the purchase price of any Services); or
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as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases.
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IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE SERVICE(S) WHICH THE PARTNERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
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Heppylife Gift Cards
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HeppyLife Gift Cards are only cancellable in accordance with clause 5. You cannot use a HeppyLife Gift Card to:
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pay for Services at a Partner's own venue or on their own website;
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purchase additional HeppyLife Gift Cards; or
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exchange the balance on a HeppyLife Gift Card for cash.
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All HeppyLife Gift Cards are only valid for the period of twelve months after the date of their purchase. The expiry date of your HeppyLife Gift Card will be printed on the accompanying gift message card or, if you have opted for e-delivery, included in the HeppyLife Gift Card email itself. If you have added the HeppyLife Gift Card to an account, you will also be able to see when your HeppyLife Gift Card balance is due to expire when you log in and visit the “My Wallet” section of your profile.
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In accordance with your Order, HeppyLife Gift Cards will either be delivered electronically or via hand delivery. If you have purchased a physical HeppyLife Gift Card with a value exceeding Rs. 1000/- and multiple of Rs. 1000/-, we will deliver by speed post/courier services. This means that Orders placed before noon will be delivered by 1pm on the next working day. HeppyLife Gift Cards delivered by speed post/courier services require a signature on arrival. If you do not wish for your Gift Card to be sent via next day speed post/courier services you must email [email protected] as soon as possible to arrange an alternative delivery method.
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You are responsible for keeping your HeppyLife Gift Card safe and we do not accept liability for HeppyLife Gift Cards that are lost, stolen, damaged or used without authority. If you are aware that a HeppyLife Gift Card has been lost or stolen, you should contact us immediately at [email protected] provided the HeppyLife Gift Card has not already been redeemed, we will cancel the HeppyLife Gift Card and issue you with a new one.
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Price and Payment
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Prices and any applicable delivery and/or processing charges will be as quoted on the Website or App but may be subject to change by HeppyLife or Partners at any time (in which case the Website or App will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Order is higher than the price stated to you, than the final service invoice price will prevail. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realized, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled. Where an Order is cancelled we will refund you any sums you have paid.
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The Partner has full responsibility for accounting for GST on the total value of the Order, where applicable. HeppyLife does not charge you GST on Orders as the Services are provided by the Partner, not by HeppyLife. As a result, HeppyLife cannot provide you with a GST invoice in respect of your Order. You will need to contact the Partner direct to obtain a GST invoice, where applicable.
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Unless it is available and you have opted for "Pay at Venue" (see clause 8.7 below), payment for all Services must be made at the time of booking in Indian Rupees by credit or debit card, or via payment gateway or by using the online payment facility ("Payment Facility"). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your Order. You will be responsible for protecting the confidentiality of your Website or App user ID and any password or other security information used by you to access your account on the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
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Payments made through the Payment Facility are processed by third party payment services providers. HeppyLife takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
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If you pay for Services via the Payment Facility, HeppyLife will collect the payment in its capacity as the commercial agent of the relevant Partner. Once HeppyLife has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf HeppyLife has collected the payment.
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For certain Dated Bookings, there may be an option for you to make a "Pay at Venue" booking. This means that you can make the Order but then pay for it directly to the Partner at the time of the appointment (i.e. not pay for the Order in advance through the Payment Facility). Please note, this option is not available in all circumstances. This option will only appear if the Order and the Partner are both eligible for “Pay at Venue”. Please also note that on the Website and App, you are only permitted to have up to three Pay at Venue bookings at any one time. PLEASE NOTE THAT HEPPYLIFE GIFT CARDS CANNOT BE REDEEMED AT ‘PAY AT VENUE’ BOOKINGS.
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Please note that when you make a "Pay at Venue" Order on the Website or App, you are still entering into a binding legal contract in respect of the Order and once your Order Confirmation is sent and the Partner Contract has been formed, you must pay the Partner in full when you (or the recipient of the Services) attend the appointment. If you fail to show up to an appointment that you have not paid for you will still be liable to the Partner for the full amount due under the Partner Contract, unless cancelled in accordance with clause 5. In all cases the Partner Contract will be subject to these Booking Terms and Conditions including the cancellation period selected by the Partner.
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In the case of “Pay at Venue” Orders on the Partners website, you are not entering into a binding legal contract in respect of the Order and therefore you and the Partner are able to cancel up until the time the appointment takes place. No HeppyLife Contract or Partner Contract is formed.
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Liability
- Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the HeppyLife Contract.
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We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
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We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Indian law.
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Our right to vary these Booking Terms and Conditions
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We may revise these Booking Terms and Conditions from time to time in the following circumstances:
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if we change the process for accepting payment from you;
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if there are changes in relevant laws and regulatory requirements; and/or
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if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
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Every time you order Services or HeppyLife Gift Cards via the Website or our App, the Booking Terms and Conditions in force at that time (and available for view on the Website or App and accepted by you at check-out) will apply to the HeppyLife Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
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General
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All communications and notices from you must be sent to HeppyLife by email at [email protected]. HeppyLife may communicate and give notice to you via post, email or by posting notices on the Website or App.
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Please note our customer support hours are: 9am-8pm Monday to Friday, 9am-6pm on Saturdays and 10am-6pm on Sundays and Bank Holidays.
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HeppyLife reserves the right to deactivate a Customer’s HeppyLife account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Experience team or employees of a Partner, either in communications via phone or email, or in person at the Partner’s venue.
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If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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These Booking Terms and Conditions will be governed by and construed in accordance with the laws of India. You and we each agree that the courts in the state of Kerala will have exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website or App.