These terms of use and subscription, hereinafter referred to as “Terms” shall govern the relation between you or yourselves or the person you represent hereinafter referred to as “User” and the
hereinafter referred to as “Company” incorporated under the companies act, 1956 with its registered office at .
The term Company shall also deem to include all successors and assigns including but not limited to Business Partners, Affiliates etc. engaged in providing Services to Users through the Platform provided by the Company.
Additional non-returnable items:
the Company by no way claims that the course fitness regime suggested by Specialist Consultant associated with this Platform is right and only course of fitness that the User could adopt to get the desired outcome.
the Company is merely providing the Platform to bring together different Specialist Consultants under single umbrella so that User can avail multiple opinions or make use of other available options at the Platform at a single go and choose the course of fitness regimen that he / she believes shall work for his / her benefit.
in the event the User, based on evidenced follow-up of advice of Specialist Consultant’s, doesn’t get desirous outcome Company’s sole liability is limited to the fees last paid by the User.
________ is a platform, aimed to connect the Users with certified Specialist Consultant registered on the Platform, acting as merely intermediary and the User is the owner / provider of the personal identifiable information (PII) and health related information being uploaded on the Platform and the User warrants that the data being uploaded by the User doesn’t violate any laws applicable on use of such information. The User grants the Company the irrevocable right to use the data provided and/or uploaded by the User for the purpose of providing services through its Platform.
the Company is not soliciting clients and does not propose any specific type of transaction. User is not solely acting or relying on information provided on the Platform.
while Company is providing the Platform as a medium to connect the Business Partner and the User, it shall be the Users responsibility to immediately bring across any inappropriate conduct to the notice of the Company with necessary substantiable evidence for Company to take an appropriate action. User shall indemnify and hold the Company harmless against any similar complaint made against it by the Business Partner. For the sake of clarity, Company disclaims any exploitation in any form, as may be claimed by the User or Business Partner based on any law or theory in tort and it shall be responsibility of the User and Business Partner to settele it amongst themselves without any liability towards the Company.
This document is an electronic record in terms of IT Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the IT (Intermediaries guidelines) rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.______________.com service. The Company’s domain name _____________ (herein after referred to as “Website”) and the Company’s Application name is owned by the Company.
Save as above, the User having gone through the Terms irrevocably consents subscribe to services provided by the Company subject to Terms as below and agrees to abide by them irrespective of the medium being used:
DEFINITIONS
“Affiliate” means any legal entity that Company owns, that owns the Company, or that is under its common ownership. “Ownership” means, for purposes of this definition, control of more than a 50% interest in an entity.
“Business Partner(s)” means the associated service providers including but not limited to the Nutritionists, Fitness Supplement Sellers and Specialist Consultants associated with the platform
“Supplement Sellers” means the entity or an individual who acts as fulfilment of recommended supplements, goods, fitness accessories and equipment by the Specialist Consultant upon ordering by the User.
“Consulting Services” means the advisory Services provided by the Specialist Consultant.
“Data” shall have the same meaning as that of “User Data”.
“Data Accuracy” means the quality of the data uploaded by the User on to the Company’s Platform required by the Business Partners to provide their Services to the User. The quality of the data means the truthfulness of the records created or uploaded and/or shared by the User for availing Platform Services.
“Information” means Content, text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Platform. Information shall also include info provided in direct response to questions or postings may be posed by individuals in the physical fitness and wellbeing profession.
“Platform” means the user interface in the form of an website, mobile application or any executable user interface owned by the Company that acts as the interaction medium between the User and Business Partner. Upon registration and fulfillment of payments, if any, the User gets the right to use the services provided by the Company but by no means shall be deemed to own the platform or data therein other than the PII that the User owns.
“Platform Services” means the Services being rendered through the Platform that are aimed to act as a bridge between the Users with Business Partners.
“Services” means the services that Company intends to provide for from time to time that is including but not limited to (a) Standalone Consulting Services (b) Body Analysis (d) Short Term and Long term consultation subscription model or any other services as and when launched by the Company
“Specialist Consultant(s)” means a person registered or licensed or recognized as a physical and/or mental fitness coach / practitioner under a law of India or a State or Territory that provides for the registration or licensing of relevant Specialist Consultant like Fitness Trainers, Nutritionists, and other specialist trainers associated to physical and mental wellbeing etc. but does not include a person so registered or licensed:
“Terms” mean the preceding or succeeding Terms of Use & Subscription this document consented by user to make use of the services provided through the Platform.
“User” means the individual who makes use of services provided by the Business Partners of this Platform acts on his / her freewill or as a representative of the individual whose data is being uploaded on to the Platform.
“User Data” means the Data uploaded by the User on to the Company’s Platform. The term User Data shall be interchangeably used with the term Data unless specified otherwise.
The Platform should not be used in cases of medical emergencies and Specialist Consultant available remotely does not and should not be considered in any form to be a substitute for a physically available doctor or a hospital. For the sake of clarity, the Services provided herein are not intended to be a substitute for getting in touch with healthcare in emergency or otherwise. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
Any Information available on the Platform does not create a relationship, between Company and User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist a user with as self-help guidance for physical and mental wellbeing from a qualified Specialist Consultant.
Company’s Platform provides the User an interface to make use of Services therein so individuals can self-monitor their progress and/or schedule appointments, order fitness accessories or supplements by making use of Business Partners registered on the Platform. Platform and/or Company does not provide any legal, medical, or psychological advice, diagnoses, or treatment. Therefore, Users assume full risk and responsibility for your use of information or Services obtained through the Platform’s Services.
User acknowledges that all of the information and content in the Platform is for informational purposes only and is not intended to replace the relationship between you and Business Partners registered on the Platform. User by no way should construe the Company as a licensed health (physical, mental or otherwise) care provider or a supplement supplier or guarantor for quality and efficacy of supplements or an expert in providing fitness or wellbeing advise.
While the Company is offering video consults, User acknowledges and agrees that a video or telephonic or chat consult can never be compared to a normal in-person consult where the Specialist Consultant is able to physically interact with the User.
By accepting remote consultation, User agrees and accepts that the Specialist Consultant and all personnel directly or indirectly involved with any part of the Company’s set up shall not be held responsible in the unlikely event of an error or undesirable outcome due to the limitations posed by remote setup. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
Company and/or its Specialist Consultant shall not be responsible for complete accuracy of consultative advise, limited in its scope as it is, with no physical examination of the User being possible. While every attempt will be made to ensure comprehensiveness of the consultation, unforeseen situations may arise. Your accepting remote consultation will be taken as your consent for a remote consult with its ingrained limitations.
The Company reserves the right to modify or terminate any portion of the Platform or the services offered by the Company for any reason, without notice and without liability to User or any third party. User needs to make itself aware of any changes and do so is required to review the Terms of use periodically.
Company reserves the right to terminate or suspend the account of a User and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of Company and/or Platform or Services or the products or services of third parties, as well as offensive content that could incite, promote or advertise illegal activities or defamatory, pornographic character content, violent or discriminatory attitudes or promote discrimination for reasons of race or ethnicity, gender, affiliation, creed or sexual orientation.
Company may change or discontinue, temporarily or permanently, any feature or component of the Platform at any time without further notice. User agrees that Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of any feature or component of the Platform and/or Platform Services.
Company disclaims any responsible for any disputes or disagreements between User and Business Partners. The User assumes all risk associated with dealing with Business Partners and User agrees to resolve disputes directly with the Business Partner.
User is encouraged to independently verify any information that it sees on the Platform with respect to a Specialist Consultant that you seek to make an appointment registration. If you wish to schedule an appointment with a Specialist Consultant or conduct a transaction on the app with any of the Business Partner, you will have to register on the app and become a registered user (“User”) prior to the completion of any transaction with Business Partner. User is required to pay for ___________
To register onto the Platform, a user will have to provide information such as his/her name, email address and phone number and create a username and password. User is required to choose the Service that it intends to subscribe.
It is your responsibility to keep your account information safe and current. User may wish to schedule an appointment through his/her account for his/her family members and friends. While User will be able to do this, please note that such User will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
User understands that it may have the option of uploading your health / medical information on the Platform to enable the Specialist Consultant to access his/her previous medical history, if any. While Specialist Consultant takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Platform is at your own risk. By uploading / sharing / disclosing your medical information on the Platform, you hereby give your consent to Platform to store such health / medical information on Specialist Consultant’s / Company’s servers. Specialist Consultant will retain such medical / health information uploaded by the User on the Platform for as long as it is needed to full fill the service you seek to avail through the Platform. If you delete your account, Specialist Consultant will delete such medical / health information. However, it may please be noted that (a) There might be some latency in deleting this information from our servers and backup storage. (b) Company may retain this information if necessary to comply with its legal obligations, resolve disputes, or enforce our Terms of Use.
Safe custody and safe keeping of all Information medical or otherwise is User’s responsibility. User hereby agrees not to use the Platform as an “external storage” to store your medical / health records.
User understands that Company provides various services with respect to the Platform. While some of these services may be provided for free, there are certain services for which costs will be incurred by the User, if User decides to avail such services (“Paid Services”). In that case, Company may provide billing services on behalf of the Business Partner. Should you wish to avail those paid services, you acknowledge that Company will collect the payment for such paid services for and on behalf of its Business Partner providing such fitness and/or wellbeing services. You acknowledge and confirm that Company shall not be liable for the consultation or be treated as the fitness or wellbeing care provider on account of such collection of the payments or for provision of such paid services, for any reason whatsoever.
While Company may advertise different products including information related to supplement interactions, allergies, dosages, as well as general health-care related information and resources on its platform, the User by no means should consider it as an endorsement, professional advice, diagnosis or treatment, or to substitute for professional judgment. The User needs to do its necessary due diligence including validation of links before availing any such products or services from the advertiser. By clicking on the advertisement links the User shall assume all risks associated with it and the Company disclaims any and all liability arising out of such use.
Please note that Company
Information regarding Specialist Consultant and practice information found on the Platform is intended for general reference purposes only. Such information found on the Platform is mainly self-reported by the Specialist Consultant. Such information often changes frequently and may become out of date or inaccurate. Neither the Platform nor Company provides any advice or qualification certification about any Specialist Consultant.
In case the User misses or cancels the appointment, he shall not be entitled to any refund.
PLATFORM COMMUNICATION
You understand that once you register as a User on the Platform, you will receive text messages from Company on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Platform and promotions that are undertaken by Company. Please note that Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, Company may also send notifications and reminders to you with respect to appointments scheduled by you for the Services. Please note that while Company intends to provide these notifications and reminders to you promptly, Company does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or a health care provider through the website.
LIMITATION OF LIABILITY
The information available on the Platform could include inaccuracies or typographic errors. Company has endeavored to ensure that all the information on the Platform is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall Company or its Affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform’s associated Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability or access to the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
Under no circumstances based on any legal theory or otherwise, the Company’s aggregate liability exceeds the prorated reduced subscription fees last paid by the user post deduction of the beneficial usage by the User.
INDEMNITY
User agrees to indemnify and hold harmless Company, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
User agrees that these Terms and any obligation between the Company and User will be governed by the laws of India.
Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
Your access to use of the Platform and the Services will be solely at the discretion of Company. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Company. Any consent by Company to, or a waiver by Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
ACKNOWLEDGEMENT OF USER