1. Use of Our Services.

1.1 Eligibility

a. By accepting these Terms, you represent and warrant to us that you have the capacity to enter into a legally binding contract under applicable law, in particular, the Indian Contract Act, 1872. You further represent:

(a) you are at least 18 (eighteen) years of age;

(b) you have not previously been suspended or removed from the Service;

(c) your registration and your use of the Service is in compliance with all applicable laws and regulations; 

(d) you are physically located within a jurisdiction in which we offer our Service, including, without limitation,

(e) when utilizing the Service to receive advice from a Medical Practitioner;

(f) you are not attempting to use the Service on behalf of any governmental unit; and

(g) all information you provide will be truthful, accurate and complete.

Dietosure reserves the right to terminate your account or refuse to provide you access to the Site, App or our Service if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years or that you have been convicted of an offence involving moral turpitude or any offence under the Indian Penal Code, 1860.

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b. We reserve the right to refuse access to use any Service offered on the Platform to new users or to terminate access granted to existing Users at any time without according any reason for doing so and you shall have no right to object to the same.

 

c. You are restricted to having more than one active account on the Site or App. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.

 

d. The use of the Site or App and the Services are designed to be compliant with the laws of India. You are not permitted to this Site or the App and any Service if you reside outside India. We do not provide any Service on the Platform to users located outside India. If you access our Site or App from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local law.

 

1.2 Platform Suitability.

The Platform may not be the most appropriate way for you to obtain medical care and treatment and meet your personal needs. To assist you in determining whether the Platform is a fit for your needs, the Dietosure may ask a series of initial questions during registration. Based on your responses to these questions, the Dietosure may determine that the Platform will not be made available to you. In such a case, you will be so advised.  If this occurs, your registration information may remain on file with the Platform, but you will not be able to further utilize the Platform at that time. You can always return to the Site or the App at a later time to determine whether your eligibility has changed. In addition, even if you are determined to be eligible to utilize the Platform, Dietosure may, during the course of your use of the Platform, determine that your medical condition and/or treatment requires an in-person examination or a procedure and/or that the Platform is otherwise not appropriate for you. In such a case, you may receive a notice from your Dietosure notifying you that you should seek medical care or treatment outside of the Platform and/or that you may be unable to continue using the Platform, among other things.  

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1.3 Dietosure Platform and Services.  

Subject to these Terms, you are authorized to use the Platform and avail of any Service, on a non-exclusive, limited, non-transferable,  revocable basis, along with the Dietosure Materials (as defined in Section 13) solely for your personal, non-commercial use. Dietosure reserves all rights not expressly granted herein in the Services and the Dietosure Materials. Dietosure may terminate this authorization at any time for any or no reason. After any termination, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Dietosure Materials.

 

1.4 Accounts and Registration. 

Subject to your eligibility to use the Platform and compliance with these Terms, you may use the Platform and any Service. Some features of the Platform may be available without registration; however, to access most features of the Platform, you must register for an account. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been compromised or corrupted or is no longer secure, then you must immediately notify us at dietosure@gmail.com . You must ensure that you exit or log out of your account at the end of each session. Furthermore, Dietosure reserves the right to take any and all action, as it deems necessary, regarding the security of our Platform and your account and password information. Under no circumstances will Dietosure or any of its officers, directors, employees, consultants, agents, suppliers and customers associated with the Service, or any affiliated individuals or entities be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure.

 

Dietosure may hold you liable for losses incurred by itself or any other user or visitor due to authorized or unauthorized use of your account or as a result of your failure in keeping your account and password confidential.

 

1.5 Prohibited Conduct

In consideration for access to the Platform, you agree not to:

a. Use the Platform to compete with the Dietosure in any manner;

b. Use the Platform for any illegal purpose, or in violation of any applicable law or regulation, including, without limitation, any local, state, provincial, territorial, national, or international law;

c. Use the Platform in any manner that would defame, abuse, harass, threaten or otherwise violate the legal rights of others;

d. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property or privacy right;

e. Upload any files that contain software or other material protected by applicable intellectual property laws, unless you own or control the rights thereto or have received all necessary consents;

f. Post, upload, or distribute any User Content as defined in Section 7 (User Content) or other content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

g. Interfere with security-related features of the Site or the App, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;

h. Interfere with the operation of the Site or the App or enjoyment of the Platform of any user, Dietosure, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement; (iii) attempting to collect personal information about others; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide any Service; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Service by using framing, mirroring or similar navigational technology;

i. Attempt to gain unauthorized access to any portion or feature of the Site or the App or any other systems or networks connected to the Site or the App, to servers operated by us, or to any part of the Site or the App, including by way of hacking, password mining or any other illegitimate means;

j. Probe, scan or test the vulnerability of the Site or the App or any network connected thereto, nor breach the security or authentication measures on the Site or the App or any network connected to the Site or the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Site or the App, or any other customer, including any account not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Platform;

k. Engage in any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service, without permission, or falsifying your age or date of birth or any other information provided or submitted to the Service;

l.  Sell or otherwise transfer the access to the Platform or any Dietosure Materials, attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.

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2. Mobile Software. 

1. Mobile Software and Equipment. We may make available the App or other software to access the Platform via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Dietosure does not warrant that the Mobile Software will be compatible with your mobile device. You may use data in connection with the Mobile Software and may incur additional charges from your wireless provider. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use the App, including, without limitation, the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Platform (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). You agree that you are solely responsible for any such charges. Dietosure hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, and in accordance with the features made available to you. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Dietosure may from time to time make available upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Dietosure or its third-party partners or suppliers retain the all right title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Dietosure reserves all rights not expressly granted under these Terms. Mobile Software may be subject to the import and export laws of various countries. You agree to comply with all applicable laws related to the use of the Mobile Software and the Service.

2. Mobile Software provided from App Store by Apple. The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Dietosure, not Apple and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Dietosure as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Dietosure as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringe that third party's intellectual property rights, Dietosure, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Dietosure acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

3. Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Dietosure only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Dietosure, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Dietosure’s Google-Sourced Software.

 

3. Using Our Data Services and Software Apps

3.1 Our Software Apps

We may provide Dietosure Apps for your use on your computer or Smart Devices in connection with your use of Dietosure Products. Software Apps may provide stand-alone functionality, may be used in connection with our Data Services, or both.

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3.2 Our Data Services

Our Data Services are intended to allow a User, as applicable, to use the data generated by, or created in connection with the use of, their Dietosure Product ("User Data") for which the Data Service is compatible ("User Device") to help the User, as applicable, stabilize their blood sugar. Use of our Data Services requires an internet-enabled Smart Device or computer. Some Data Services receive User Data from a Software App that is downloaded to your Smart Device or computer. Users are entitled to provide or direct the Data Service to provide, such data and reports to others as they determine at their own responsibility.

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You acknowledge and agree that Data Services are not a substitute for regular monitoring and medical care and that you will ensure that all appropriate treatment, attention and efforts are made by and for the benefit of the User, as applicable, to maintain his or her health and wellness. Our collection, storage and transmission of User Data and any other information that you provide to Dietosure through  Services and Software Apps is governed by general privacy policy.

 

3.3 Using our Data Services and Software Apps

Each Data Service or Software App may require the creation of a Dietosure user account ("User Account"). If so, you are required to accurately complete and maintain the User Account and to provide us with all required information.

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3.4 Third-Party Software Updates

Our Software Apps run on specific versions of the third party operating systems and browser software for your computer or Smart Device ("Platform Software"). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Software App. If you update Platform Software prior to our making an appropriate update to a Software App, you may no longer be able to use the Software App you have been using, or the Software App may not properly function. We may determine not to provide a compatible update to the Software App, and therefore before you update Platform Software, you should first check the applicable location where you originally downloaded the Software App to determine if an update to the Software App or Data Service is needed.

 

3.5 Consistent Use

Certain Dietosure Products, Dietosure Services and Software Apps will archive and store the data generated by the applicable User Device (which archival and storage is governed by the Privacy Policy). As a result, such Dietosure Products, Dietosure Services and Software Apps must be used only with the applicable User Device and associated User Account. Failure to do so may (1) cause the applicable Dietosure Product, Dietosure Service or Software App to perform improperly, or not to perform at all, (2) corrupt the User Data, or (3) cause inaccurate User Data to be associated with the User or cause the User Data to be inaccurately displayed or analyzed.

 

3.6 Rights to Dietosure Services and the Software Apps

Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, until either party terminates this Agreement, Dietosure grants you the personal, limited and nonexclusive right to use (a) our Website for your personal noncommercial use, (b) Data Services as they are intended to be used as described at the relevant page of our Website or in materials provided through the Data Services, and (c) Software Apps as they are intended to be used as described at the relevant page of our Website, in the Software App or in materials provided by us with or for the Software App, all in accordance with the terms of this Agreement. Dietosure and the third parties from which we license certain technology ("licensors") own all rights, title and interest to the Dietosure Services and the Software Apps; the information, artwork and other content available through or at Dietosure Services and Software Apps; the processes, methodologies, documents and other materials we use to provide the Dietosure  Services and Software Apps or that we provide to you in connection with your use of Dietosure Products, Dietosure Services, or Software Apps; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to Dietosure Products, Dietosure Services, and Software Apps ("Intellectual Property Rights"). Dietosure Products, Dietosure Services and Software Apps are subject to the notices of Intellectual Property Rights provided by Dietosure on our Website, and you must abide by the requirements in all of such notices. All Intellectual Property Rights are reserved by Dietosure and its licensors, and no Intellectual Property Rights are granted to you except as set forth in this Section 2.7. Trademarks, service marks, trade dress, logos, names and other symbols identifying Dietosure, Dietosure Services, Dietosure Products, and Software Apps, and the goodwill relating thereto, are owned by, Dietosure and its licensors. You may not remove or alter any notice provided by, Dietosure on or in connection with, Dietosure Products, Dietosure Services or Software Apps.

 

3.7 Third-party requirements

Dietosure Products, Dietosure Services and Software Apps may include software, data or other items licensed to us by third parties. Your use of such third party items is subject to the provisions of this Agreement, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third party items posted by us at our Website or which we otherwise provide or make available to you, as they are amended by us from time to time. The version of such license provisions that is applicable to your use is incorporated into and made a part of this Agreement.

 

3.8 Dietosure Services or Software Apps Age Requirement

By agreeing to this Agreement, you are representing that you are eighteen (18) years old or older and have the legal capacity to enter into this Agreement.

 

 

3.9 Use of third party software or equipment with, Dietosure Products, Dietosure Services or Software Apps

Dietosure does not endorse, recommend or validate any third party software or equipment for use with, Dietosure Products, Dietosure Services or Software Apps. Any use by you of any such third party software or equipment is at your sole risk. We have no responsibility or liability arising from your use of such third party software or equipment, such as damage to your, Dietosure Products or problems, inaccuracies or malfunctions in, Dietosure Products, Dietosure Services or Software Apps arising from such use.

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3.10 Other restrictions to your use of, Dietosure Services and Software Apps

You will not anyone under your control to, do or attempt to do any of the following:

• Use Dietosure Services or Software Apps to harm, threaten, or harass any person or organization;

•  Use Dietosure Products, Dietosure Services or Software Apps for commercial purposes or to benefit any third party;

• Use or attempt to use any unauthorized means to modify, reroute, or gain access to, Dietosure Services;

•  Damage, disable, overburden, interfere with or impair, Dietosure Services (or any network or device connected to a Dietosure Service);

• Enable unauthorized third-party applications to access, Dietosure Products or, Dietosure Services or interface with any Software App;

• Share your account password or otherwise authorize a third party to access or use, Dietosure Services or Software Apps on your behalf unless we provide an approved mechanism;

• Sublicense or transfer any of your rights under this Agreement;

• Modify, copy or make derivative works based on any, Dietosure Service or Software App; reverse engineer or derive the source code for any, Dietosure Product, Dietosure Service or Software App not provided to you in source code form, except to the extent such restriction is expressly prohibited by applicable law;

• Create Internet "links" to or from any, Dietosure Service or "frame" or "mirror" any content which forms part of any, Dietosure Service or Software App;

• Use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any Dietosure Service or Software App, or to copy or scrape data from any, Dietosure Product, Dietosure Service or Software App;

• Otherwise use any Dietosure Product, Dietosure Service or Software App in any manner that exceeds the scope of use granted to you in this Agreement or set forth in any Dietosure Product Labeling.

 

3.11 Misuse of your Dietosure Product, Service or Software App

Misusing a Dietosure Product, Dietosure Service or Software App, improperly accessing it or the information it processes and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the Dietosure Product, Service or Software App to malfunction, or otherwise prevent or hinder the proper and intended use of the Dietosure Product, Service or Software App. Accordingly, any such misuse is not permitted.

 

3.12 Dietosure Services or Software Apps Availability

Dietosure Services and Software Apps may be interrupted or unavailable, and if they are, you must rely upon direct use of the User Device for the User, as applicable, health monitoring.

 

3.13 By purchasing, registering or using Dietosure Products, Dietosure Services or Software Apps, you are making certain assurances to Dietosure

You represent, warrant and agree that all information you provide to us will be true, accurate, current and complete, and you will only use Dietosure Services, Dietosure Products and Software Apps for the personal benefit of the applicable User, as applicable, in accordance with this Agreement.

 

3.12 Dietosure is not responsible for third party matters

Without limiting the provisions of this Agreement or expanding the scope of Dietosure's responsibilities, Dietosure is not responsible for outages or defects in power, telecommunications, computers, Smart Devices, third party software and any other event outside of Dietosure’s direct control.

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4. Disclaimers; No Warranties

WHILE THE PLATFORM FACILITATES ACCESS TO CERTAIN MEDICAL PRACTITIONERS FOR NON-EMERGENCY MEDICAL CARE, DIETOSURE IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. DIETOSURE PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE MEDICAL PRACTITIONERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE PLATFORM OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL THE CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY.

 

THE PLATFORM AND ALL DIETOSURE MATERIALS AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, DIETOSURE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL DIETOSURE MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DIETOSURE DO NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE SERVICE, OR ANY DIETOSURE MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE PLATFORM, YOUR DEALINGS WITH ANY MEDICAL PRACTITIONER OR OTHER USER, AND ANY DIETOSURE MATERIALS OR ALL CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN DIETOSURE MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR PLATFORM, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

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5. Limitation of Liability

IN NO EVENT WILL DIETOSURE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY DIETOSURE MATERIALS OR CONTENT ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY MEDICAL ADVICE OR TREATMENT BY THE MEDICAL PRACTITIONER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIETOSURE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

ABSENT OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT THE AGGREGATE LIABILITY OF DIETOSURE TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT DIETOSURE HAS RECEIVED FOR YOUR ACCESS TO AND USE OF THE PLATFORM IN SERVICE DURATION PRIOR TO THE CLAIM.

 

DIETOSURE SHALL IN NO EVENT BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH THE YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE THE PLATFORM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIETOSURE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, 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 EXTENT PERMITTED BY LAW

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND DIETOSURE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

6. Disagreements between Users

You alone are responsible for your communications, interactions, agreements, representations, promises or any other involvement with other Users. Dietosure reserves the right but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release Dietosure from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

7. Insurance Services

Dietosure is not registered with the Insurance Regulatory and Development Authority of India (IRDAI) to carry on the business of general insurance and is not in the insurance business. However, your Medical Practitioner and/or the organization your Medical Practitioner is affiliated to may be registered with IRDAI to carry on the business of general insurance and would be required to comply with the provisions of the Insurance Act 1938, Insurance Regulatory and Development Act, 1999 and Insurance Amendment Act, 2015 and rules, regulations and any other order and circulars issued thereunder and any other applicable laws of India and therefore a Medical Practitioner or the entity your Medical Practitioner is affiliated to and/or Dietosure may be subject to certain regulatory requirements. Please check with your Medical Practitioner as to usage and disclosure of information. Dietosure may be a “business associate” of the Medical Practitioner, and as a result, as and to the extent Dietosure is in fact a “business associate” of Medical Practitioners, Dietosure’s use and disclosure of your information will be limited as and to the extent permitted by applicable law and regulations, which may include, for example, providing you with certain communications via emails, text messages or in-app messages that contain information, such as appointment reminders, encouragement, and advice. If you would prefer not to exchange information via email or text message, please notify us at. You may also request we update, correct, or delete your information by contacting us (at dietosure@gmail.com); provided, however, we may retain any information that we are required to maintain in accordance with applicable law and regulations. We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. 

 

8. Forums and Interactive Services

There may be interactive services within the Platform such as blogs, chat rooms, forums, instant messaging etc., and other service member zones that allow them to input their data, details, materials, comments or other similar communications. Using such services on the Platform, the User should realize that they are open for wide access and review, and any personal data that he/she published or provided during registration may become viewable by third parties. Dietosure is not responsible for the security of the User’s information that is passed by the User to third parties or provided during the use of such services. Materials that will be placed by the User in such areas of the Platform will be stored in systems/devices of Dietosure as per Dietosure’s policy, if otherwise not directly documented in each particular case.

 

9.  Governing Law

These Terms are governed by the laws of India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Dietosure agree to submit to the personal and exclusive jurisdiction of courts in Jodhpur for the purpose of litigating any dispute. We also agree that Dietosure may seek interim equitable relief in any court having jurisdiction. We deliver the Service from our offices in India, and we make no representation that Dietosure Materials included in the Service are appropriate or available for use in other locations. 

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10. General

These Terms and any Additional Agreements are the entire and exclusive understanding and agreement between you and Dietosure regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive.

 

11. Dispute Resolution and Arbitration

1. Generally. In the interest of resolving disputes between you and Dietosure in the most expedient and cost-effective manner, you and Dietosure agree that every dispute arising in connection with these Terms (including those involving others) will be resolved by binding arbitration, except as noted below. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. 

2. Exceptions. Despite the provisions of Section 24.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action under the Consumer Protection Act prior to demanding arbitration as set forth below; (b) timely pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law at any time; or (d) to file suit in a court of law to address an intellectual property infringement claim at any time.

3. Arbitrator. Any arbitration between you and Dietosure will be governed by Arbitration and Conciliation Act, 1996.

4.  Notice. Anyone who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). The address for Notice to Dietosure is (Address)

5. Demand. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We each agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Dietosure may commence an arbitration proceeding. The litigants will have the ability to take discovery on and exchange relevant information, on a confidential basis, about the dispute. During the arbitration, the amount of any settlement offer made by you or Dietosure must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. Except as required to comply with law or other obligations, the arbitration proceedings, filings and outcome shall be confidential.

6. Fees. Any arbitration hearing will take place at Jodhpur. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse Dietosure for all monies previously disbursed by Dietosure.

7. Modifications. If Dietosure makes any future change to this arbitration provision (other than a change to Dietosure’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Dietosure’s address for Notice, in which case your account with Dietosure will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

8. Enforceability. If any portion of Section 23 is found to be unenforceable, then Dietosure can elect to construe the entirety of this Section 23 to be null and void, but in any event, we each agree that the exclusive jurisdiction and venue provisions will govern any action arising out of or related to these Terms.

 

12. Consent to Electronic Communications

By using the Platform, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

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13. Contact Information

The Service is offered by Dietosures Labs Private Limited. You may contact us by sending correspondence to that address or by emailing us (at dietosure@gmail.com)

 

28. Individual patient's results may vary depending on the years of diabetes, health condition of the patient, overall program adherence among many other factors.

 

29. Dietosure doesn't promote its Dietosure technology as a cure to Diabetes. Nor does it claim permanent healing or making someone Non-Diabetic. Dietosure helps its members manage diabetes and live an energetic, happy life full of vitality.

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30. The consultation calls will be recorded for our internal training and quality purposes.