TERMS & CONDITION
Last updated June 21, 2021
Welcome to the The MediFit Clinic (“The MediFit Clinic”) mobile device application (“App”) and website located at https://www.medifit.in/ (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and App and the services accessible via our Site and App. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.” You can access our Services as an individual consumer user (such use, the “Individual Consumer Use,” and each such individual, an “Individual Consumer User”) or as a member of an organization which has arranged for access to the Services for its members (such use, the “Enterprise Use,” and each such user, an “Enterprise User”).
The MediFit Clinic Site Overview. Our Site provides information regarding our program and allows you to sign up to receive further information regarding enrollment in our program.None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with The MediFit Clinic and are not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Testimonials : We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to delete your testimonial from our Website, you can contact us at firstname.lastname@example.org
Content and Content Rights. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Alerts and Notification : As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages from The MediFit Clinic, directly sent to you via the Site or outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the exception of infrequent, important service announcements and administrative messages). Please be aware that third-party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier. For calls or text messages to the phone number you may provide during the registration process, by agreeing to these Terms you authorize The MediFit Clinic to send texts or make calls to your phone, including without limitation through use of an automated mechanism, such as an auto dialer, or a prerecorded voice.
Rights and Terms for Apps : Rights in App Granted by The MediFit Clinic. Subject to your compliance with these Terms, The MediFit Clinic grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third-party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The MediFit Clinic reserves all rights in and to the App not expressly granted to you under these Terms.
- General Prohibitions. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, misogynistic, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, The MediFit Clinic’s name, any The MediFit Clinic trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without The MediFit Clinic’s express written consent;
- Access, tamper with, or use non-public areas of the Services, The MediFit Clinic’s computer systems, or the technical delivery systems of The MediFit Clinic’s providers;
- Attempt to probe, scan or test the vulnerability of any The MediFit Clinic system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The MediFit Clinic or any of The MediFit Clinic’s providers or any other third-party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by The MediFit Clinic or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a The MediFit Clinic trademark, logo URL or product name without MediFit Health’s express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The MediFit Clinic’s Enforcement Rights : Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third-party Websites or Resources : The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. You may order services, merchandise or other products through our Site from other parties (collectively, the “Third-party Sellers”). All matters concerning the services, merchandise and other products, including Monitors, desired from the Third-party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products, including Monitors, provided by the Third-party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs incurred or damages suffered as a result of your use of any products and services obtained from such Third-party Sellers.
- The MediFit Team and Client Responsibilities : We have delineated certain responsibilities to our team (Doctors, Nutritionists, Fitness Coaches, Counselors, Coordinators) to ensure a high quality of service and improved outcomes. Equally importantly, we have outlined client responsibilities. Both are noted below. Client failure to follow designated responsibilities will result in termination of MediFit membership and services.
Responsibilities of The MediFit Team
- Set health goals in collaboration with you
- Respond to your messages within 24 hours (in case of emergencies, please call)
- Develop and refine your nutrition plan per health goals
- Troubleshoot your health problems
- Monitor your health in concert with the MediFit Doctor
- Guide your individual journey on MediFit
- Encourage and support you on the MediFit Program
Responsibilities of Client
- Communicate with Coach regularly and honestly
- Log Biomarkers daily
- Maintain a positive mindset – commit to putting forth your best effort
- Take ownership of your success – while your coach can help, only you can make the necessary changes
- Actively participate in your own education – follow the guidance on the app, read articles, complete actions
- Keep myself safe – not initiate any dietary change until the agreed to date with my coach
Warranty Disclaimers : THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity : You will indemnify and hold harmless The MediFit Clinic and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Assumption of Risk and Indemnity : Using the Services involves the risk of physical or mental injury or illness. Specific risks vary from one exercise, diet or lifestyle change to another and the risks range from minor injuries or illness to major injuries or illness, such as catastrophic injuries including death. IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND AGREE THAT The MediFit Clinic, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR RELATIVES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF The MediFit Clinic OR ANYONE ON The MediFit Clinic’ BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT The MediFit Clinic IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY The MediFit Clinic AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT OR (II) YOUR VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES
Limitation of Liability : NEITHER The MediFit Clinic NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The MediFit Clinic HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL The MediFit Clinic’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO The MediFit Clinic FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($50) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO The MediFit Clinic, AS APPLICABLE. THE ASSUMPTION OF RISK, EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The MediFit Clinic AND YOU.
Dispute Resolution : Governing Law These Terms and any action related thereto will be governed by the laws of the State of Karnataka without regard to its conflict of laws provisions. Agreement to Arbitrate You and The MediFit Clinic agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state courts located in Pune, Maharasthra and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and The MediFit Clinic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and The MediFit Clinic otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
General Terms : These Terms constitute the entire and exclusive understanding and agreement betweenThe MediFit Clinic and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The MediFit Clinic and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without The MediFit Clinic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The MediFit Clinic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by The MediFit Clinic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The MediFit Clinic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MediFit Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Refunds and Cancellations : You can cancel your subscription to our program at any time. However, once the payment has been made, it will not be refundable under any circumstances once the program has begun. If you wish to discontinue in the middle of the program, the remaining duration of the program can be transferred to a person whom you designate, subject to qualification of the person to be eligible to participate in the program.
Contact Information : If you have any questions about the terms and conditions, please contact as below:
Company Name: The MediFit Clinic
Contact Person: Dr. Bharath Kumar B
Address: 166, 4th Main Road, Dollar’s Colony, JP Nagar 4th Phase, Bangalore 560004
Mail Address : info@mediFit.in
Phone Number: +91 888 44 33 844