BY CLICKING “I ACCEPT” OR “I AGREE” ON THE SIGNUP PAGE, OR BY ACCESSING AND/OR
USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND/OR BY COMPLETING THE
REGISTRATION PROCESS AND/OR USING AND/OR VISITING THE WEBSITE YOU SIGNIFY YOUR IRREVOCABLE AND
UNCONDITIONAL ASSENT TO ALL THESE TERMS AND CONDITIONS HEREIN.
This website is operated by Dietgenie, having its Registered Office at First Floor, Bhagirathi
Complex, Durga Square, Akola, Maharashtra, India - 444005. Throughout the Website, the terms
“we”, “us” or “our” refer to Dietgenie. The Company offers this website (“Website”) to
individuals accessing the Website or using our Services (“customer”, “you”, “user” or “your”),
including all information, tools and services available from this Website to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By
visiting and accessing our Website, making an account, using an account, enrolling in Programs
or booking an appointment, you engage in our services and agree to be legally bound by these
terms and conditions, privacy policy and other terms and conditions available on the Website,
you enter into legally enforceable agreement with the Company (“Terms and Conditions”, “Terms”
or “Agreement”).
ACCEPTANCE
This document is an electronic record in terms of the Information Technology Act,
2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to
electronic records in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any physical or digital
signatures. The provision of the Services (as defined hereinafter) to you by Dietgenie is
subject to these Terms and Conditions. Without limiting the foregoing, we shall be under no
obligation to provide any services that we has not expressly agreed to provide under these Terms
and Conditions in writing.
ELIGIBILITY
You must be 18 years or
older to use this Website. By visiting our Website, you represent and warrant to us that you
are 18 years of age or older. If you are under the age of 18 or applicable legal age in your
jurisdiction, you can use the Service only in conjunction with, and under the supervision
of, your parent and/or guardian who has agreed to the Terms and Conditions.
You are legally competent
to enter into an agreement, and otherwise competent to receive the Services. Persons who are
"incompetent to contract" within the meaning of the Indian Contract Act, 1872 including
un-discharged insolvents etc. are not eligible to use the Website.
You have not been
previously suspended or removed by us.
We reserve the right to
terminate your membership and/or refuse to provide you with access to the Website if we
discover that you are under the age of 18 years or otherwise.
You represent that you have
requisite power and authority to enter into these Terms and Conditions under applicable
laws.
If you are not a Resident
Indian, you may access and use the Website only to the extent that the laws of India and
those of your country permit you to do so. Further, your use of the Services is based on the
understanding and agreement that by accessing and using the Services, you are not violating
the local laws in India and/or your country.
OUR SERVICES
Through the Website, we provide you following services (“Services”), except as
specifically provided in the Terms and Conditions, all Services provided by us shall be subject
to the terms and conditions provided in the Terms and Conditions:
Health and Wellness Programs
We provide various kinds of
programs on Health, Wellness, Rejuvenation ( weight loss programs, weight gain programs,
diet programs for kids & teenagers, programs for special needs, and condition management
“Program(s)”( clinical diet programs for clinical conditions & disease reversal programs ),
you can access these Programs and information about the Programs on our Website.
You may express your
interest to enrol in a Program by sending a message to us. We shall get back to you earliest
possible for further enquiry of you interest in such Program. By Clicking register on any
Program page, you are not registered in the program, the action merely expresses your
interest to register in such Program.
Consultancy
We provide consultancy
services; the consultancy may be booked with Dr. Priti Pradhan, Dr. Pankaj Pradhan or with
our Nutritionist or Mentors.
Consultancy services can
only be availed by booking an appointment with Dr. Priti Pradhan, Dr. Pankaj Pradhan or with
our Nutritionist or life Mentors. For booking an appointment you are required to pay fees
for the consultancy service, on successful completion of the payment for consultancy, we
shall confirm your appointment with us on Terms and Conditions herein.
You will receive a
confirmation of appointment for a consultation with us, on the Website and / or via SMS and
/ or email and / or an online communication or messaging service. We reserve the right to
reschedule or cancel an appointment without any prior notice. The time provided for
consultation to you is indicative and actual consultation time may change depending on our
discretion. You are not allowed to cancel or reschedule an appointment for consultancy at
any time and in any case. You are not entitled to any refund or compensation on cancellation
of appointment.
Blogs
We publish blogs on health
and wellness on our Website, you may read such blogs for information purposes only. Such
blogs shall never be construed as an advice in any way.
Blogs are published on a
particular date and may not be updated from time to time. We are not responsible for such
old blogs or any other old information which is not updated.
Creating And Maintaining Account
Users need to register on
the Website in order to use the Website or the Services provided through the Website. In
order to register, you are required to provide certain personal details including but not
limited to your name, phone number, email address, birth date, gender, location etc.
Each user login (as and
when applicable) shall only be used by the person who registered for. You shall not
impersonate any person or entity, or falsely state or otherwise misrepresent your identity,
age or affiliation with any person or entity.
Multiple profiles of the
same person shall not be allowed on the Website. You are responsible for maintaining the
security of your account, your material and password. We shall not be liable for any loss or
damage from your failure to comply with this security obligation.
You are not authorized to
share your password or other account access information with any other party, temporarily or
permanently, and breach of this obligation may tantamount to disabling the account and
Services. You agree to immediately notify us of any unauthorized use of Your account,
identity, personal information and passwords.
YOUR OBLIGATIONS AND USE OF WEBSITE AND SERVICES
When you use, access or avail any Service on the Website or visit, access or use
the Website, you agree to the following conditions, and any other terms and conditions set out
herewith:
You are solely responsible
for the access and use of the Website, any Service hereof and any information that you may
provide to us. You are requested to use your discretion on access and use of Website.
Services we provide depends
on the information you provide to us, you shall provide complete and accurate information to
us.
You may access and use the
Website for sole purpose to use the Services or to gain information about the Services, you
shall not edit, reproduce, republish, display, distribute, sell or otherwise use content
available on the Website for commercial or personal use and gains.
You must evaluate and
solely bear all risks associated with the use or posting of any contents whatsoever,
including any reliance on the content, integrity and accuracy of such content.
You agree to immediately
notify us of any unauthorized use of your account, identity, personal information and
passwords.
Illegal and/or unauthorized
use of Website, including aggregating usernames and other contact information for the
purpose of sending unsolicited communications is prohibited.
You shall not use this
Website or our Services for any illegal or unauthorised purpose.
We reserve the right of
using before, during & after photos, testimonials, videos of clients without permission for
promotional purpose on website, Instagram, facebook & on any other advertising platform
without any royalty & you agree for it.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on the Website is not
accurate, complete or updated. The material on this Website is provided for general information
only and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information. Any
reliance on the material on this Website is at your own risk. Material available on this Website
shall not be construed as a medical advice or consultation in any way. We publish information on
our Website for information purposes only. This Website may contain certain old information.
Such information, necessarily, is not updated and is provided for your reference only. We
reserve the right to modify the contents of this Website at any time, but we have no obligation
to update any information on our Website. You agree that it is your responsibility to monitor
changes to our Website.
MODIFICATIONS TO THE SERVICE AND PRICES
The prices for various Services provided on the website may change, we are not
liable to inform of change in price in any Service. You have to pay the amount of difference
within 15 days of the change in price. We reserve the right at any time to modify or discontinue
any Service (or any part or content thereof) without notice at any time. We shall not be liable
to you or to any third-party for any modification, price change, suspension or discontinuance of
the Services.
SERVICES
We reserve the right, but are not obligated, to limit the Services we provide to
any person, geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of Services that we offer/ number of people
we register in a Program. All descriptions of Services and pricing are subject to change at any
time without notice, at the sole discretion of Dietgenie. We reserve the right to discontinue
any Service at any time. Any offer for any Service made on this Website shall be considered as
void, if it is prohibited by any applicable law in future. We do not warrant that the quality
of any Service obtained by you will meet your expectations.
YOUR FEEDBACK
Dietgenie may ask for your
feedbacks, reviews, effects of Program usage on you or any other information in respect of
the Program enrolled by you (“Feedbacks”). You agree to fill up the form, format or any
other document provided by us from time to time in respect of the Program you are registered
in (“Feedback Forms”) and send such Feedback Form to Dietgenie on priority.
You agree and acknowledge
that the Feedback Forms are essential element of the Program performance and shall be filled
by you in utmost diligent manner providing only true, correct and verified information.
You further agree and
acknowledge that Feedback Forms are necessary for us to ascertain the Program performance on
you. Any delay or failure to send the Feedback Forms to the Company shall be construed as
deemed acceptance by you of the satisfactory Program performance on you and you will not be
entitled to any make any claims in respect of the Program performance.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any appointment you book with us. In the event
that we make a change to or cancel an appointment, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the appointment was made.
You agree to provide current, complete and accurate purchase and account information, in case of
a change in information, you shall promptly update your account, email and other information and
shall intimate us of such change in information. We shall not be responsible for
miscommunication occurred due to information provided by you.
THIRD PARTY LINKS
Links on the Website to
third-party websites are provided solely as a convenience to you. If you use these links,
you will leave the Website. We have no control over the third party websites we neither
monitor nor input the third party websites. You acknowledge and agree that we provide access
to such websites ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party websites. Any use by third
party websites directed through the Website is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which those third
party websites are provided by the relevant third-party provider(s).
Certain content available
via our Website may include materials from third-parties. Third-party links on this Website
may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy, including the safety,
security, suitability, accuracy, integrity, quality or legality of these third party
resources and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services of
third-parties. We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THIRD-PARTY CONTENTS AND RESOURCES IS
SOLELY AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES
APPLICABLE TO SUCH THIRD-PARTY RESOURCES. YOU AGREE THAT THE COMPANY SHALL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR
THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES
OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE
CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY OR THIRD PARTY RESOURCES.
USER COMMENTS AND OTHER SUBMISSIONS
If, you send certain
specific submissions or you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, “User
Submission”), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any User Submission that you forward
to us. We are and shall be under no obligation: (1) to maintain any User Submission in
confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User
Submission. We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or the Terms and Conditions. You agree that your User Submission will not violate
any right of any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your User Submission will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or any related
website. You shall not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any User Submission.
You are solely responsible for any User Submission you make and their accuracy. We take no
responsibility and assume no liability for any Comments posted by you or any third-party. By
providing or submitting your User Submission, you are allowing us to host this material on
our servers and display it to you and users of the Website without any limitation other than
those imposed by us. You are solely responsible for your User Submission which is
transmitted, posted, or distributed by you through the Service, including but not limited to
the contents of your e-mail communications, information, personal contact details, photos or
images posted by you and information, photos, images, sound files or your User Submission
posted by you in a forum or other page. By posting your User Submission, you grant to the
Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide,
royalty free license (sub-licensable through multiple tiers) to (a) use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your
User Submission (or any modification thereto), in whole or in part, in any format or medium
now known or later developed and (b) use (and permit others to use) your User Submission in
any manner and for any purpose (including, without limitation, commercial purposes) that the
Company deems appropriate in its sole discretion (including, without limitation, to
incorporate your User Submission or any modification thereto, in whole or in part, into any
technology, product, or service) without any further consent, notice and / or compensation
to you or others. The Company reserves the right to display advertisements in connection
with User Submissions and to use User Submissions for advertising and promotional purposes.
By submitting any User
Submission, you further represent and warrant that:
a. you own all rights in your User Submissions (including, without limitation, all
rights to the audio, video, or digital recording and the performance contained in
your User Submissions) or alternatively, you have acquired all necessary rights in
your User Submissions to enable you to grant to the Company the rights in your User
Submissions described herein;
b. you have paid and will pay in full all license fees, clearance fees, and other
financial obligations, of any kind, if any, arising from any use or commercial
exploitation of your User Submissions;
c. you are the individual pictured and/or heard in your User Submissions or,
alternatively, you have obtained permission from each person (including consent from
parents or guardians for any individual under the age of eighteen (18)) who appears
and/or is heard in your User Submissions to grant the rights to the Company
described herein;
d. your User Submissions do not infringe the copyright, trademark, patent, trade
secret, or other intellectual property rights, privacy rights, or any other legal or
moral rights of any third party;
e. you voluntarily agree to waive all "moral rights" that you may have in your User
Submission;
f. any information contained in your User Submission is not known by you to be
false, inaccurate, or misleading;
g. your User Submission does not violate any Law;
h. you were not and will not be compensated or granted any consideration by any
third party for submitting your User Submission;
i. your User Submission does not incorporate materials from a third party web site,
or addresses, email addresses, contact information, or phone numbers (other than
your own);
j. your User Submission does not contain any viruses, worms, spyware, adware, or
other potentially damaging programs or files;
k. your User Submission does not contain any information that you consider
confidential, proprietary; and
l. your User Submission does not contain or constitute any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation.
You alone are responsible
for the User Submission, and once posted to the Company, it cannot always be withdrawn. You
assume all risks and liabilities associated with the User Submission, including anyone’s
reliance on its quality, accuracy, or reliability. You may expose yourself to liability if,
for example, the User Submission violates these Terms and Conditions
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all the materials, text, images, videos, graphics,
trademarks, logos, button icons, music, software and other elements available on the Website are
the property of Dietgenie or our licensors and are protected by copyright, trademark and/or
other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create
derivative works from any content or materials on Website. Dietgenie and its logo are registered
trademarks of Dietgenie. Except as expressly set forth in the Terms and Conditions, no license
is granted to you and no rights are conveyed by virtue of accessing or using the Website. All
rights not granted under the Terms and Conditions are reserved by Dietgenie. Similarly, you
shall not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, modify name, photograph, silhouette, likeness of Dietgenie & its
owner, without prior express written permission of Dietgenie & its owner. The look and feel of
the Services and the Website are copyrights of Dietgenie. All rights reserved. You may not
duplicate, copy, or reuse any portion of the Website or visual design elements without express
written advance permission from us.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results that may be
obtained from the use of the service will be accurate or reliable. You agree that from time to
time we may remove the service for indefinite periods of time or cancel the service at any time,
without notice to you. You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement. In no case shall Dietgenie &
our team be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other claim related in
any way to your use of the service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Notwithstanding anything to the contrary contained herein, our liability to You for any cause
whatsoever including deficiency in service, and regardless of the form of the action, will at
all times be limited to the amount of total amount paid towards any respective Program / Service
subscribed by you.
PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our
Privacy Policy as updated from time to time.
ERRORS, INACCURACIES AND OMISSIONS
There may be information on our Website or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to Services descriptions,
pricing, promotions, offers and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel appointment if any
information in the Services is inaccurate at any time without prior notice (including after you
have submitted your appointment). We undertake no obligation to update, amend or clarify
information in the Services or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you
are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for violating any
of the prohibited uses. You further agree not to (i) use any data mining, robots, or similar
data gathering or extraction methods in connection with the Website; or (ii) attempt to gain
unauthorized access to any portion of the Website or any other accounts, computer systems, or
networks connected to the Website, whether through hacking, password mining, or any other means.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee,
represent or warrant that your use of our Services will be uninterrupted, timely, secure or
error-free. We do not warrant that the results that may be obtained from the use of the
Service will be accurate or reliable. You agree that from time to time we may remove the
Services for indefinite period of time or cancel the Services at any time, without notice to
you. You expressly agree that your use of, or inability to use, the Services is at your sole
risk. The Services delivered to you through the Website are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any representation, warranties
or conditions of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall the Company, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers, service providers
or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of the Services or for any other claim related in any way
to your use of the Services, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of the Services
or any content posted, transmitted, or otherwise made available via the Services, even if
advised of their possibility. Some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You understand and agree
that any material or data downloaded, uploaded or otherwise obtained through the Website is
done entirely at your own discretion and risk and you shall be solely responsible for any
damage and / or bodily harm, injury, health issues. the Company shall not be liable for any
errors or omissions, with respect to any information provided to you whether on behalf of
itself or third parties. The Company shall not be liable for any third party websites,
products, services and other content. The advertisements which may be available on e-mails
or the website with respect to the third party websites, products and services are for
information purpose only.
The Company shall not be
liable for delays or inabilities in performance or non-performance in whole or in part of
Company’s obligations due to any causes that are not due to its acts or omissions and are
beyond its reasonable control, such as acts of god, fire, strikes, embargo, acts of
government, acts of terrorism, climatic conditions, labour unrest, insolvency, business
exigencies, government decisions, change of laws, operational and technical issues, route
issues, acts of third parties or other similar causes and problems.
Notwithstanding anything to
the contrary contained herein, the Company’s, liability to you for any cause whatsoever
including deficiency in Services, and regardless of the form of the action, will at all
times be limited to the amount of total amount paid towards any respective Service
subscribed by you.
MEDICAL DISCLAIMERS
Dietgenie is not a medical
organisation. Any information provided by us on the Website is for informational purposes
only. You should not take any action based upon any information contained on the Website.
Use of the Website is not meant to serve as a substitute for professional medical advice and
reliance on any information provided by the Website or the Program is at your own risk.
The Services and Programs
or any other information available on the Website is not a medical advice. The advice given
under any of our Program including but not limited to the food plans, diets, workout and
exercise guidance, should not be misconstrued as medical advice.
We do not guarantee as to
any of the Program or any advice given to you will be suitable to your health and any advice
may respond differently depending on various factors to the human body. We shall not be
responsible for any issues, side effects including without limitation any allergic reactions
to you on account of following our Program, advice, diet and nutrition plans and therefore,
we strongly advise you to consult your doctor before trying any of the Program available on
our Website.
User shall consider the
risks involved and consult with their medical professional before engaging in any Program,
we are not responsible or liable for any injuries or damages you may sustain that result
from your use of, or inability to use, any Program provided by us.
In the event if any
wellness or diet plan or exercise recommended by us causes any pain, side effect or allergic
reaction, or severe discomfort, you should immediately discontinue such diet plan or
exercise and immediately consult your doctor. Such discontinuation by you shall not entitle
the user to receive any refund or compensation from us and any claim made thereof shall not
be entertained by the Company or our representative.
You agree and understand
that using our Program cannot be substituted for personal medical attention, diagnosis or in
person treatment by a qualified medical professional.
Interactions with our
associates, consultants or any representative do not constitute the practice of medicine and
consultations cannot be used for providing a formal medical diagnosis, for a physical
examination, for obtaining prescriptions, or for treatment. Do not use our Service / Program
to diagnose or treat a medical condition. Please see your doctor in person if you are
looking for a personal medical evaluation, diagnosis, or prescription.
You accept and
understand that the Program performance is subject to your adoption of the Program and
your adherence to the Program. You agree and acknowledge that you will fulfil all the
requirements of the Program and strictly adhere to the Program terms and conditions. The
Company is not responsible for any inefficiency in Services due to you misconduct and
non- adherence to the Program requirements.
Our Programs and Services
are structured to support the health decisions and choices that you make, with respect to
your lifestyle. These decisions and choices are yours, and we believe that you are the best
person to decide about your health and that these decisions should be made in accordance
with the advice you receive from your own doctor. We and our associates, consultants or any
representative are not liable or responsible for any injury or disease including
aggravation, acceleration or recurrence of such injury or disease or death arising from or
in connection with nutritional or exercise advice and dietary information provided in
consultations, Programs or by other resources.
We and our consultants may
recommend health supplements and nutraceuticals. However, any Program success is not
dependent solely on the use of supplement or nutraceuticals. Use of such supplements and
nutraceuticals is solely your decision. In no case such recommendation, shall be construed
as medical advice. You should seek advice from your medical practitioner before consuming
any such supplements.
We do not recommend use of
our Program as replacement of doctor’s advice or medical treatment. Neither do we take any
decision for you or your family as to whether to take medical treatment or not.
We never sell or suggest
or claim that our Program is ‘magic therapy’ and we will never sell or suggest or claim
any product, pills, food or methods to be ‘magical’ in nature and will take away your
disease.
We respect medicine,
science and also respect nature and the intelligence and healing power of human
body.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dietgenie and team from any
claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms and Conditions or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of the Terms and Conditions is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms and Conditions, such determination shall not affect the validity and
enforceability of any other remaining provisions.
TERMINATION
Company may terminate,
suspend, or modify your registration with, or access to, all or part of the Website, without
notice, at any time and for any reason. You may discontinue your participation in and access
to the Website at any time. If you breach any of these Terms and Conditions, your
authorization to use the Website automatically terminates and you must immediately destroy
any downloaded or printed Materials and any copies thereof. Any termination of an account
may automatically lead to the termination and/or deletion of all related profiles. When your
account is terminated for any reason, you may no longer have access to data, messages, files
and other user submissions you keep on the Website. The user submissions may be deleted
along with all your previous posts and proposals.
These Terms and Conditions
shall become effective as your contractual agreement upon your use of the Website and shall
continue until your account is terminated by you or Company as provided for under the terms
of this section.
Without limitation to
Company’s other remedies under applicable Laws, Company may issue a warning, or temporarily
suspend, indefinitely suspend or terminate your account, and refuse to provide any or all
Services to you if: (i) you breach any of these Terms and Conditions or the linked policies
and information incorporated herein by reference, including the written policies and
procedures posted on the Website; (ii) Company is unable to verify or authenticate any
information you provide to Company; or (iii) Company believes in its sole discretion that
your actions may cause legal liability for you, Company’s registered users, for the Company
or are contrary to the interests of the Website. On any indefinite suspension or
termination, you shall not continue to use the Website under the same account, a different
account, or register under a new account.
PROGRAM AND APPOINTMENT TERMS
The Terms and Conditions specifically applicable in relation to each respective
Program and appointment subscribed by you, shall be part of these Terms and Conditions. The
Program term and appointment term shall be read and interpreted with this Terms and Conditions
and construed in accordance with this Terms and Conditions.
REFUND & PAYMENT TERMS
We shall charge you, fees
as provided with the respective Program (“Program Fees”) as provided on the Website and in
the Program term as amended from time to time.
The Program Fee shall be
payable in advance for the full Program duration.
Activation of the
Program(s) is subject to realization/receipt of the Program Fees.
The Program is
non-transferable to another party.
All payments made for the
Program are non-refundable and non-transferable. The Dietgenie shall not be under any
obligation to refund any fee, on any ground including on humanitarian ground, if so claimed,
on account of any injury. However, we may refund the prorated Program Fees deducting the
Program Fees for the period the Program was availed in case of death caused to the Client,
the refund shall be construed as waiving of any right to claim by you against the Company.
Any applicable refund due
to payment gateway failure or chargeback will be subject to the terms and conditions of the
respective payment gateway.
Program registration’s once
made / placed, cannot be cancelled for any reason. There shall be no refunds.
ELECTRONIC COMMUNICATIONS
When you visit the Website, or send emails to the Company, you are communicating
with the Company electronically. You consent to receive communications from the Company
electronically. The Company will communicate with you by email or by posting notices on the
Website. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
writing. The Website may be subject to limitations, delays, outages, and other problems that are
inherent in the use of the internet, software and other electronic communications. The Company
is not responsible for such delays, failures, or other damages that result from such problems.
OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS
Company may provide the Services or access to Website under the terms of a
separate agreement between you and Company (each, an "Other Agreement"). Company's obligations
with respect to any service that it makes available to you under any Other Agreement shall be
governed by the Other Agreement under which such product or service is provided. However, these
Terms and Conditions will also apply unless otherwise provided in the Other Agreement.
To be responsible for all charges and fees associated with connecting to the Website and/or
mobile Application and the Subscribed Services, including without limitation all your telephone
access lines, internet service provider fees, telephone and computer equipment, sales taxes and
any other fees and charges necessary to access Subscribed Services.
ENTIRE AGREEMENT
The failure of ours to exercise or enforce any right or provision of the Terms
and Conditions shall not constitute a waiver of such right or provision. The Terms and
Conditions and any policies or operating rules posted by us on this Website or in respect to the
Services constitutes the entire agreement and understanding between you and us and governs your
use of the Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms and Conditions). Any ambiguities in the interpretation of the Terms and
Conditions shall not be construed against us.
GOVERNING LAW
The Terms and Conditions and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of India and Courts in
AKOLA, Maharashtra shall have exclusive jurisdiction in case of a dispute. By subscribing to our
services and by using the website.
M/s Dietgenie accepts no liability whatsoever, direct or indirect, for non-compliance
with the laws of any country other than that of India, the fact that our website
www.Dietgenie.in and our mobile Application can be accessed or used or any of our facilities can
be availed of in a country other than India will not imply that we accede to the laws of such
country.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time
at this page. We reserve the right, at our sole discretion, to update, change or replace any
part of the Terms and Conditions by posting updates and changes to our Website. It is your
responsibility to check our Website periodically for changes. Your continued use of or access to
our Website or the Services following the posting of any changes to these Terms and Conditions
constitutes acceptance of those changes.
CONTACT INFORMATION
Following Person has been appointed as ‘Nodal Person’ to ensure compliance of the
provisions of ‘Consumer Protection Act, 2019’ and ‘Consumer Protection (E-Commerce) Rules, 2020’
NODAL PERSON
If you have any complaints or queries with respect to Services offered by
Dietgenie through the Website, please feel free to connect with our Customer Care Desk as below.
CUSTOMER CARE
Any Questions about the Terms and Conditions should be sent to us at
info@Dietgenie.com
Details of our Customer Care are as below:
E-mail : support@Dietgenie.com
Mobile :
A ticket number will be generated for each complaint lodged, through which the consumer can
track the status of their complaint.
GRIEVANCE REDRESSAL MECHANISM
If you have any questions regarding these Terms and Conditions, please email us
at info@Dietgenie.com with your queries and we shall endeavour to resolve all your queries. In
case if your complaints are not resolved through Customer Care Desk within 60 days from your
lodging of complaint, we encourage you to send your detailed signed complaint in writing by
email to our grievance officer :
Name :
E-mail : @Dietgenie.com
Address : Dietgenie, First Floor, Bhagirathi Complex, Durga Square, Akola, Maharashtra, India -
444005.
UNDERTAKING
I, THE USER OF THE WEBSITE AND/OR SERVICES, BY VISITING, ACCESSING AND USING THE
WEBSITE AND/OR SERVICES AGREE AND ACKNOWLEDGE THAT:
I AM A PERSON COMPETENT TO CONTRACT UNDER CONTRACT ACT, 1872
I HAVE READ THE PRIVACY POLICY, TERMS AND CONDITIONS OF THE WEBSITE AND PROGRAM TERMS And HAVE
UNDERSTOOD THE CONTENTS OF THE SAME.
I UNDERSTAND THAT FEEDBACK FORMS ARE IMPORTANT PART OF THE PERFORMANCE OF SERVICE/ PROGRAMS ON
ME AND I WILL FILL AND SEND THE FEEDBACK FORMS IN TIMELY AND DILIGENT MANNER AND WILL ONLY
PROVIDE TRUE AND CORRECT INFORMATION TO THE COMPANY, ANY FAILURE OR DELAY BY ME TO FILL THE
FEEDBACK FORMS SHALL BE DEEMED TO BE MY ACCEPTANCE OF THE PERFORMANCE OF THE PROGRAM ON ME.
I UNDERSTAND THAT PERFORMANCE OF PROGRAM IS COMPLETELY DEPENDENT ON MY ADHERENCE TO THE PROGRAM
AND SCHEDULE THERETO. I WILL ADHERE TO THE PROGRAM TERMS AND SCHEDULES AND HOLD THE COMPANY
HARMLESS OF/FOR ANY DEFICIENCY OR NON-PERFORMANCE OF THE PROGRAM AND/OR SERVICES.
