Terms and Conditions

UPSIDE
TERMS AND CONDITIONS
LAST UPDATED:JUNE 2026

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules issued thereunder, as applicable, and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name and website The Upside is owned by Sloom Wellness Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at Innov8 Mantri Commercio Tower A, 5th Floor, Bellandur, Bengaluru, Karnataka - 560103, India.

Please read these Terms and Conditions ("T&C") carefully. By accessing, browsing, or using theupside.in or any mobile version of the website, or by availing any of the products of Sloom Wellness Private Limited (hereinafter referred to as "Company", "us", or "we"), you agree to be bound by all of the T&C mentioned hereunder.

Only persons who can enter into legally binding contracts under the Indian Contract Act, 1872 may use the Website. Persons who are incompetent to contract, including minors and un-discharged insolvents, are not eligible to use the Website. Any minor who wishes to use or access the Website must do so through their legal guardian or parents.

The Company reserves the right to amend or revise these T&C at any time by uploading a revised version on the Website. The amended T&C will be effective immediately upon upload. Your continued access or use of the Website following any such changes constitutes your acceptance of the revised T&C. We encourage you to review these T&C each time you access the Website or place an order.

1. PRODUCTS

Terms of Offer

The Website offers for sale certain products ("Products"), including trial products and products offered free of cost. By placing an order through the Website, you agree to the terms set forth in this T&C. The Products are for personal use only. You may not sell or resell any Products or samples received from us unless agreed otherwise in writing. The Company reserves the right, with or without notice, to cancel or reduce the quantity of any Products where necessary to prevent a violation of these T&C.

The Company may change, suspend, or discontinue the availability of any Product at any time without notice or liability. Prices payable in connection with any Product or service may be subject to change without notice.

Invitation to Offer for Sale

The listing of products on the Website is merely an 'invitation to an offer for sale' and not an 'offer for sale'. The placement of an order by you constitutes an offer by you to enter into an agreement with the Company. A confirmatory email following your order does not constitute acceptance. Acceptance occurs only after validation of the order and confirmation of available stock, communicated to you by a confirmatory email.

Transfer of Property

The property and title in the Products shall stand transferred to you upon dispatch of the product and the raising of the invoice.

Product Delivery

Products ordered shall be delivered by independent third-party courier partners. You accept that the courier and delivery personnel engaged by the Company act as independent contractors responsible solely for standard delivery obligations and duty of care.

Health Disclaimer

The information provided on this Website, including product descriptions, science notes, journal content, and ingredient explainers, is for educational purposes only and does not constitute medical advice, diagnosis, or treatment. Our Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Our Products consist of nutritional supplements and are not a substitute for a varied diet, a healthy lifestyle, or professional medical advice. If you are pregnant, breastfeeding, taking prescription medication, or have a pre-existing medical condition, please consult a qualified medical professional before using our Products.

If you experience any adverse reaction after using our Products, discontinue use immediately and seek medical attention. Adverse reactions may be reported to us at hello@theupside.in .

If you are taking antidepressants, anti-anxiety medication, sleep medication, thyroid medication, or any prescription medication affecting the central nervous system, consult your prescribing physician before using any product containing L-Tryptophan, L-Theanine, Ashwagandha, or Glycine.

Results from use of our Products may vary from individual to individual. Any outcomes referenced on the Website are based on clinical research data and may not reflect every user's individual experience. We discourage any delay in seeking professional medical advice on account of anything you may have read on this Website.

Pricing and Availability

Prices and availability of Products are subject to change without prior notice at the sole discretion of the Company. Prices displayed on the Website are inclusive of Goods and Services Tax ("GST") but do not include delivery charges where applicable. Prices on third-party platforms or offline stores may differ from those displayed on the Website.

Delivery

For orders containing multiple Products, delivery may be made in multiple shipments. Estimated delivery timelines are available on your order details page and are indicative only. In the event the Company is unable to deliver within the estimated date, you will be notified by email and may choose to cancel the order or wait for delivery. The Company shall not be liable for any loss or damage arising from such cancellation or delay.

Returns, Refunds, and Cancellations

For all matters relating to returns, refunds, and cancellations, please refer to our Orders, Shipping & Returns Policy.

Tracking

Upon dispatch, you will receive communication with your tracking number and courier details. Orders may also be tracked via your account page on the Website.

Payment Methods

Payments for Products available on the Website may be made by:

Credit cards and debit cards
Net banking
UPI and QR
Digital wallets
Cash on Delivery (COD), where available

Customer Solicitation

By accessing the Website or placing an order, you consent to receive communications from the Company including transactional, promotional, and commercial messages by email, SMS, WhatsApp, phone call, or any other mode of communication. You authorise Sloom Wellness Private Limited to send you information, alerts, and commercial communications through itself or through third-party service providers, whether or not your number is registered with the National Do Not Call Registry, in accordance with applicable TRAI regulations.

You may opt out of future marketing communications at any time by:
Using the opt-out link in any email solicitation you receive

Errors

While we endeavour to describe our Products accurately, we do not warrant that product descriptions, colours, information, or other content on the Website are accurate, complete, reliable, current, or error-free. Product pictures are indicative and may not entirely match the actual product.

2. WEBSITE

Your Account

You may create and hold one user account ("Account") only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You accept responsibility for all activities that occur under your Account. Each Account is non-transferrable and may not be sold, traded, or shared with any other person.

If you believe the security of your Account has been breached, please contact us immediately. We may require you to change your password or suspend your account. We reserve the right to refuse service or terminate accounts without prior notice if these T&C are violated.

Proprietary Rights

All brand names owned and licensed to the Company are the exclusive property of the Company, its affiliates, partners, or licensors, protected by the laws of India governing intellectual property. You shall not copy, reproduce, modify, re-publish, re-sell, or re-distribute any Product manufactured or distributed by the Company without prior written consent.

The Company also has rights to all trademarks, trade dress, and the specific layouts of the Website, including but not limited to calls to action, text placement, images, technology, content, and other materials. No trademark is granted in connection with the Products or materials on the Website. The trademarks displayed on the Website, whether registered or unregistered, are the intellectual property of the Company.

Content and Third-Party Links

The Company does not endorse any third-party content and expressly disclaims all liability in connection with the same. Any links to third-party websites are provided solely as a convenience. You access such websites at your own risk and should read their terms and conditions and privacy policy before use.

Use of Website

You agree that you will:

(a) Abide by all applicable local, national, and international laws and regulations;

(b) Not interfere with or disrupt the use and enjoyment of the Website by other users;

(d) Not engage in transmission of spam, chain letters, junk mail, or any unsolicited communication;

(e) Not defame, harass, abuse, or disrupt other users of the Website;

(f) Not engage in any action that is harmful, obscene, defamatory, unlawful, or otherwise objectionable.

Site Security

You are prohibited from violating or attempting to violate the security of the Website, including:

- Accessing data not intended for you or logging onto a server or account you are not authorised to access;

- Attempting to probe, scan, or test the vulnerability of any system or network;

- Interfering with service to any user, host, or network through means such as submitting a virus or overloading;

- Sending unsolicited communications or forging any part of a header in any email.

Violations of system or network security may result in civil or criminal liability.

Chat Facility

The chat facility is provided to assist you with Website-related queries and is subject to the following:

- The Company may suspend the chat service at any time without notice.

- The Company is not responsible for any delay in attending to or replying to queries via chat.

- Communications through chat may be stored by the Company for future reference.

- You may not communicate any objectionable, unlawful, threatening, or defamatory information through chat.

Applicable Taxes

If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.

3. DISCLAIMER OF WARRANTIES

Your use of the Website and Products is at your sole risk. The Website and Products are offered on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, the Company makes no warranty:

- That the information provided on the Website is accurate, reliable, complete, or timely;

- That links to third-party websites are to information that is accurate, reliable, complete, or timely;

- That any advice or information obtained from this Website will create any warranty not expressly stated herein;

- As to the results that may be obtained from use of the Products or that defects will be corrected.

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website without liability.

4. LIMITATION OF LIABILITY

The Company will not be liable for any direct, indirect, incidental, special, or consequential damages or loss in connection with these T&C or the Products, including liabilities resulting from: (a) the use or inability to use the Website content or Products; (b) the cost of procuring substitute products or content; (c) any products purchased or transactions entered into through the Website; or (d) any lost profits, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, neither the Company nor its affiliates, partners, or licensors will be responsible or liable under any circumstances for: (a) interruption of business; (b) access delays or interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, or modification; (d) loss or damage resulting from dealings with third-party websites; (e) viruses or system failures; (f) inaccuracies or omissions in content; or (g) events beyond our reasonable control.

5. INDEMNIFICATION

You will release, indemnify, defend, and hold harmless the Company and its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable legal fees, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties, representations, and obligations hereunder; (b) the Website content or your use of it; (c) the Products or your use of the Products; (d) any intellectual property or proprietary right of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Company.

6. PRIVACY

The Company is committed to protecting user privacy. Please refer to the Company's Privacy Policy, incorporated by reference herein and available on the Website. The Privacy Policy governs the collection, use, and protection of your personal data in accordance with the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

7. GENERAL

Force Majeure

The Company will not be held responsible for any cessation, interruption, or delay in the performance of its obligations due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, pandemic or epidemic, utility or communication failures, or any other event beyond our reasonable control. Our obligations shall be suspended for the duration of any such Force Majeure event.

Governing Law, Jurisdiction and Dispute Resolution

These T&C shall be construed in accordance with the applicable laws of India and governed by the laws of the state of Karnataka. Neither you nor the Company will commence any suit or proceeding other than in courts located in Bengaluru, Karnataka. By using the Website or ordering Products, you consent to the jurisdiction of such courts.

Any dispute or difference in interpretation of these T&C shall be referred to an independent arbitrator appointed by mutual consent, whose decision shall be final and binding. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended. The seat and venue of arbitration shall be Bengaluru.

Waiver of Class Action Rights

By accepting these T&C, you irrevocably waive any right to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of or relating to these T&C must be asserted individually.

Termination

The Company reserves the right to terminate your access to the Website if it reasonably believes you have breached any term of this T&C. Following termination, you will not be permitted to use the Website and the Company may cancel any outstanding orders. These T&C will survive termination unless the Company chooses to terminate them.

Entire Agreement

These T&C comprise the entire agreement between you and the Company and supersede any prior agreements pertaining to the subject matter contained herein.

Severability

If any provision of these T&C is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign your rights and obligations under these T&C to anyone. The Company may assign its rights and obligations in its sole discretion and without advance notice to you.

Domestic Use

The Company makes no representation that the Website or Products are appropriate or available for use outside India. Users who access the Website from outside India do so at their own risk and are responsible for compliance with all applicable local laws.

8. CONTACT US

For any questions, comments, or complaints regarding our Products or this Website, please contact us at:

Email: hello@theupside.in

Whatsapp: +91 8971352333

Hours: Monday to Friday - 10 am to 7 pm

Grievance Redressal

The name and contact details of the Grievance Officer, designated to handle complaints in relation to the sale of Products or use of this Website, are provided below. The Grievance Officer is identified pursuant to the provisions of the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the rules enacted thereunder.

Name: Anusha Bhushan

Designation: Founder