Meaning of Personal Information and Sensitive Personal Information
Personal information shall mean any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with us through the Website/Application or provided by you on email, is capable of identifying such person or when combined with other information can be used to identify such person. This includes your name, address, mobile or contact numbers, date of birth, gender, email address, location (by geo tracking devices), as well as the username and password created by you for use of the Website/Application.
“Sensitive personal information” is defined to mean such personal information which consists of information relating to passwords, financial information such as bank account or credit card or debit card or other payment instrument details, physical, physiological and mental health conditions, sexual orientation, medical records and history, biometric information, any detail relating to the above as provided to a body corporate for providing service; and any information received which falls under the abovementioned categories by a body corporate for processing, stored or processed under lawful contract or otherwise. Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force is not regarded as sensitive personal information
Information you may provide voluntarily
It may be noted that the Firm may require you to voluntarily provide information about yourself in the following events:
(a) when you register and subscribe yourself with the Website/Application;
(c) when you communicate with the Firm or make a request on the Website/Application; via e-mail, phone or SMS;
(d) when you make a request or communicate with us via social media channels including Facebook and Instagram;
(e) when you subscribe to the newsletter and to receive other offers, promotions and details from the Firm;
(f) when you participate in blogs, chats, forums or write testimonials on the Website/Application or via email; and
(g) when you respond to comments or write any information or post on any of the Platforms.
In any of the aforesaid events, you may be required to provide the following information:
(a) your name;
(b) contact details including postal address, pin code, country, email address, phone number, residency status;
(c) identity proofs (e.g. driving license, passport, PAN card, birth certificate, etc.);
(d) personal details such as age, gender, date of birth, lifestyle habits, occupation, interests and hobbies, timezone, etc.;
(e) financial details for payment such as credit card details, debit card details, bank account details, UPI address, net-banking details;
(h) Body fat (percentage);
(i) Sleep habits;
(j) Activity level;
(k) Chest, shoulders, arms, hips, legs calves;
(m) Dietary preferences;
(n) Goals for body;
(o) Meal preferences (such as allergies, choices, likes and dislikes);
(p) Workout experiences;
(q) Selection of location for exercise;
(r) availability of any workout equipment
(t) Medical conditions (if any); and
(u) Workout preferences.
You may note that it is possible that we may collect personal information about you from sources other than yourself, such as from forums, blogs, instant messaging, comments and posts on social media accounts; referral program, other Users of our services and our business partners. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force.
(the information collected from you and about you shall hereafter collectively be referred to as “User Personal Data”)
Information retrieved/collected automatically
The Firm may collect a variety of technical, navigational and other non-personal information about you such as your IP address, operating systems and software, types of devices used, types of browsers, usage patterns, geo-location of a browser, address of your server from where the Website/Application is being accessed, URLs visited prior to the use of the Website/Application or URLs visited after use or access to the Website/Application etc. when you visit the Website/Application, through the following:
(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Firm may use such web beacons to study and analyze the usage of the Website/Application.
(c) Usage Details: The Website/Application may also collect details regarding your visits to and navigation through the Website/Application such as your location data, IP address, operating system, browser type, geo-locations other resources that you access etc.
Eligibility for providing User Personal Data
Consent given by User and Option to withdraw Consent
Purposes for collection and usage of User Personal Data
User Personal Data and non-personal information collected by us, will be used by the Firm in handling general enquiries concerning its Services, in providing better User interface, making your visit to the Website/Application more user-friendly and without limiting the foregoing, for the following purposes:
(a) Registering of your account with the Website/Application;
(b) enabling the access of the Website/Application and use of the Services available to Users;
(c) addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise on the Website/ Application;
(d) designing or identifying services, data, information or related products for Users;
(e) marketing (including direct marketing) of Services, send information, materials and offers from the Firm;
(f) meeting the requirements to make disclosure under any law binding on the Website/Application, the Firm, its partners, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the Website/Application or the Firm or any associated entity is expected to comply;
(g) in connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyse advertising effectiveness.
(h) in connection with any system or facility for payment by electronic means or via other communication media in which the Website/Application participates;
(i) to send you alerts, notices, letters, newsletters, offers, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the Website/Application by you including through text messages, social media posts and messages, phone calls or whatsapp messages/broadcasts;
(j) to enable the Firm as well as third parties to provide itself or procure from third parties customised information, services, offers and advertisements etc;
(k) to third party contractors that provide services to the Firm or the Website/Application;
(l) to internally analyse the performance of the Website/ Application, Firm’s internal technical systems and data;
(m) to gather demographic data to research, analyse and understand trends and behavioural patterns, to measure and understand the effectiveness of any of the aspects of the services of the Website/Application, to trouble any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law;
(n) to track your fitness routine, nutritional intake, weight, progress and other update in terms of the Services availed by you;
(o) to alert you about potential software compatibility issues and/or for improvement of the Website/Application;
(q) to monitor and administer daily operations and functions of the Website/Application;
(s) for all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data or the User Personal Data; and
(t) all other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree.
Disclosure of User Personal Data
The Firm may disclose/ transfer (whether within or outside India) and/or exchange your User Personal Data and/or your non-personal data collected to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to:
(a) any of its partners, associates or employees, or any of its affiliates;
(b) any agent, contractor or third-party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary, payment or securities clearing or other services to the Firm in connection with the Website/Application/emails or the operation of the Firm’s business and services through the Website/Applications;
(c) Any third party service provider for offers, promotions, merchandise, discounts or for marketing of such third party products on the Website or the Application;
(d) any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential;
(e) to other Users when you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of the Website/Mobile Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, posting comments, posting reviews;
(f) When you post comments, contributions or other content to the Website/Mobile Application, your posts may be viewed by all Users and may be publicly distributed outside the Website/Mobile Application in perpetuity. The User Personal Data when posted by way of testimonials and other content on Platforms shall be viewed by all other users and shall also be accordingly disclosed to the Platforms;
(g) any other Users or viewers of the Platform as a part of discussions and forums for support groups on such Platforms;
(h) any actual or proposed assignee of the Firm or participant or sub-participant or transferee of the Firm’s rights in respect of the User Personal Data;
(i) to any third-party when you choose to avail certain services/ facilities offered on the Website/Application. In such an event, the Firm does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made to such third-party;
(j) any person to whom the Firm is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities;
(k) as may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Firm believes that an information disclosure is required to protect the Firm’s rights or those of the Firm’s/ Website’s/Application’s Users or any other aspect of the Website/Application and to comply with the legal process without any restrictions;
(l) in any event where the Firm has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person;
(m) to any potential investor or purchaser of any interest in the Firm or Website/Application or any associated entity or in its business in connection with any potential re-organisation, merger or disposal; and
(n) any lawyer or other professionals for the preparation of any document or professional advice regarding the above.
Notwithstanding anything contained elsewhere, any User Personal Data may be disclosed by the Firm to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, User Personal Data may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure. Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Firm may share the User Personal Data without obtaining any prior consent of the User. You are informed that the Firm’s third party service providers may utilise information relating to your usage of the Website/ Application in order to provide customised services, offers and advertisements to you.
Retention of Information
Accuracy of and Access to Personal Information
The Firm will not be responsible for the accuracy or authenticity of User Personal Data that is provided by you. It is the responsibility of the User to notify the Firm through the Website/Application of any changes to their User Personal Data. To attain this end, the User may request the Website/Application for reasonable access to, and correction of, their User Personal Data collected by the Website/Application by emailing their request/clarification at [email protected] The Firm makes good efforts to provide its Users with reasonable access to their respective User Personal Data and shall ensure that any User Personal Data found to be inaccurate and brought to the notice of the Firm by the User is rectified or amended as feasible. The Firm may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Firm shall not be responsible for any delay in updating such information.
The User may also request the Firm by writing to us on our email above to delete all User Personal Data and delete the account. It is clarified that, after the deletion of the User Personal Data/User account, the Firm shall maintain records of the same for a period 90 (ninety) days thereafter in a separate restricted and confidential back up after which the same shall be deleted therefrom. It is clarified that even though the Firm may maintain records of deleted data for 90 (ninety) days, once the User Personal Data/ User account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter
The Firm may, however, withhold or may not be able to provide information to you for valid reasons including if it:
(a) contains references to another User(s);
(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons;
(c) contains confidential commercial/ business information of the Firm;
(d) was created in the course of a dispute resolution/litigation process;
(e) could threaten the life or security of another individual/ entity;
(f) was disclosed under a court order or was disclosed to a government institution as part of an investigation.
Links to Third Party websites
The uploading, dealing, handling and/ or using of any personal information for any lawful purpose by the Website/Application, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.
Reasonable Security Practices & Procedures
The Firm takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however we do not guarantee that the information provided by you to the Website/Application shall not be intercepted while being transferred over the internet.. The Website/Application is also in compliance with security measures required and follows the best industry practices.
You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your User information has been stolen or compromised, you must contact us immediately at [email protected]. We shall endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any User Personal Data by virtue of such an event.
Operation of this Website/Application and Servers for storage
This Website/Application may be operated from India as well as outside India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the Website/Application or the facilities and services provided by the Website/Application. The servers of the Website for storage of data are located in WS (Amazon) and replicated across Australia and Oregon (USA).
Name: Kalpana Kakaiya
Address: B-603, 6th Floor, Venus Tower, Azad Nagar, Veera Desai Road, Andheri West, Mumbai 400053
Email address: [email protected]
This website https://www.mitensaysfitness.com/ along with its pages, features and content (“Website”) and the mobile application named MitenSaysFitness <members.mitensayfitness.com> along with any pages or tabs therein (“Application”) are owned and operated by Miten Says Fitness LLP (the “Firm/we/us/our”).
1 User Agreement
1.3 The words "we", "us", "our" including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Firm, partners of the Firm, the employees, affiliates, representative, sub-contractors, agents and associates of the Firm and shall be deemed to mean and include the Firm’s successors and assigns. Any references to the words "you" or "your" (as the case may be) shall mean and include the User.
1.6 The Firm shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any User for any or all Services or this Agreement. Any such cases may be notified to the User as per the Firm's discretion.
2 Competency to Contract
2.1 The use of the Website and the Application and availing of Services is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he/she is subject (“Eligible Person(s)”).
3 Services provided through the Website
3.1 The Website and the Application are designed to be utilised as a platform enabling the Users to obtain services with respect to workout plans and meal plans and advice of the health goals desired by the Users (“Services”). The Services provided include meal plans and workout plans that are custom made as per user goals of losing fat and/or building muscle, as far as possible. in the plans are focused on weight management. It is clarified that the plans are customised based on the information provided and there is no warranty provided that a particular plan would provide the results desired by the customers as this would depend on case to case basis. The plans provided are will not reverse any disease or medical condition whether hereditary or lifestyle based.
3.2 The Users subscribed to the Website or the Application shall receive periodical update and information about the products and services provided by the Firm from time to time.
3.3 The identified habits, cycles, likes, dislikes, meal plans, workout preferences, schedules, description and other relevant details shall be specifically provided in the profile of such User appearing on the Website/Application. The Firm may at its sole discretion modify the aforesaid categories of habits, schedules, plans and description or introduce new categories and forms of or discontinue any services without any advance notice to you.
4 Registration of the User
4.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Firm decides to delete the User profile or debar the User from use of the Website/ Application for any reason whatsoever, the User shall not directly or indirectly enrol with the Website/ Application again.
4.2 In order to register on the Website, a User shall be required to open an account with the Website/Application, for which he/ she may be required to provide information about themselves. The Website reserve the right, with respect to any such registration, to refuse to grant a User, and such User may not use, a user name (or email address) or screen name (a) that is already being used by someone else; (b) that may be construed as impersonating another person; (c) that belongs to another person; (d) that violates the intellectual property or other rights of any person; (d) that is offensive; and/or (e) that is rejected by the Website/Application for any other reason in its sole discretion.
4.4 The User shall not operate the Website/ Application in any manner which will be prejudicial to or detrimental to the interests of the Firm, any other User of the Website/ Application or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised use of the Website/ Application shall immediately terminate the right of such User to use the Website/ Application.
5 Subscription to the Services
5.1 A User may apply for an online subscription of the Services through the Website/Application.
5.2 The facility of subscription shall be available to Users worldwide, however, the User acknowledges and agrees that the Services shall be online services and shall be provided by the Firm from India.
5.3 Payments for availing the facilities of an online subscription of Services shall be permitted only by electronic means or by deposit to our bank account, if so requested, in which case we shall provide you with our bank account details. Payment methods will vary from offer to offer. Upon availing the subscription of the Services, the User shall be redirected to the payment gateway of the Website/Application and the User shall have to make payment as required. The User hereby agrees and consents to permit the Firm to provide payment details on registration for continued subscription. All payments shall be made in advance depending upon the subscription plan that the User avails. For instance, the payment for a 4 week plan shall be made prior to start/renewal of the four week cycle.
5.4 No requests for cancellation of a primary subscription shall be entertained once an order has been placed for an online subscription of Services subject to any specific terms regarding any offers, contests, lucky draws etc. Upon placing an order, the User will receive an email acknowledgement of the same. The said email shall be a confirmation/acceptance of the subscription order.
5.5 The facility of continuous renewal (i.e. continuous renewal of subscriptions) is available on the subscription offers. Unless specifically refused by a User via an email to the Firm at [email protected], subscription availed by a User shall be automatically renewed.
5.6 A User, however, will have the option to cancel the auto renewal of his/her subscription as well as receive a refund of payment collected for such auto renewal, provided a request for such refund is made prior to the date a User is charged for the same.
5.7 The Firm shall have the exclusive discretion to cancel any subscription. However, it will ensure that any communication of cancellation is intimated to the User within appropriate time and any applicable refund, will be made in reasonable time.
5.9 The Firm reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces from time to time. The Firm may at its discretion withdraw a particular scheme if it deems it necessary to do so.
5.10 While participating in any contest organized by the Firm, a User hereby agree to release and hold the Firm (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to a User’s participation in the said contest.
5.11 In case of any query regarding any schemes, offers and contests etc., on the Website/Application or any subscription terms, please contact the customer care at [email protected]
6 User Provided Content
6.1 You are permitted to upload/send via emails audio/ video files, testimonials, data, texts, advises, responses, comments, letters, photos, articles, experiences, messages, posts, blogs, chat room conversations, bulletins, discussions forums, links or other similar form of media content for the purposes of maintain and sharing such content uploaded by Users ("User Provided Content"). You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Firm. The Firm shall, at its sole discretion be entitled to display/ not display it on the Platform (or use it for marketing anytime now or in the future). If the Firm decides to display the User Provided Content on the Platform, it will be in public domain. The Firm will not require any further consent or sign from you for use of the User Provided Content. The Firm will not be required to inform you as regards the use of User Provided Content.
6.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Firm in case any violation of a third party right in any manner whatsoever.
6.3 You expressly agree that in consideration for the efforts and use of resources of the Firm in maintaining, notifying and marinating content and also providing a platform to exchanges videos and other useful information, you grant to the Firm a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content for the rights that are not transferred to the Firm as a part of the User Provided Content. The Firm shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Firm deem fit. By virtue of the assignment of the User Provided Content, you agree that the Firm may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account or unsubscribe on the Website/Application or remove the User Provided Content from the Platform or otherwise stop accessing the Website/Application. The Firm is not required to or bound to delete the User Provided Content for any reason whatsoever.
6.4 You acknowledge that once the User Provided Content is uploaded or posted on the Platform it will be in public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Firm shall not be responsible for any misuse of such personal information.
6.5 You agree and undertake that User Provided Content that you post on the Website/ Application either on behalf of yourself or on behalf of minor or child or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or an illegal action in any manner whatsoever.
6.6 The User shall take the entire responsibility for the User Provided Content and the Firm is not liable for any information, data or facts in the User Provided Content. The Firm does not monitor or control the User Provided Content and does not guarantee, support or endorse the truthfulness, accuracy or reliability of the User Provided Content or endorse any experiences or opinions shared or expressed on the Platform.
6.7 The User agrees and acknowledges that the User Provided Content or any information or data uploaded by the Firm is provided or displayed with the understanding that the neither the Firm nor its representatives, employees or agents are doctors, nurses, medical counsellors, medical consultants, nutritionists, physician, therapists, medical experts, of engaged in any sector of medical field, psychology or any other professional field or advisory. The User Provided Content or any other content uploaded by the Firm should not be used for any medical treatment, medical opinion, medical advice, health care advise, medical diagnosis, diet advice or for any other treatment. It does not substitute for advice from a medical professional or any other professional, as the case may be. It is prudent to seek advice of your physician, doctor or any other healthcare expert providing services regarding any medical issues or treatment before taking any health related or medical decision or before beginning the subscription to avoid any adverse reactions of the suggested meal and workout plans.
6.8 You, as User shall not host, display, upload, modify, publish, transmit, update or share any information/ content on the Platform or Website/Application or send it vide email, which would call for or require Firm or any other person to upload or share any information/ content that:
(a) belongs to another person and to which the User does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of any person;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation in any manner whatsoever.
7 Use of the Website and Restrictions
7.2 The Firm does not guarantee the authenticity, utility or credibility of any User Provided Content or personal information on the Website/Application, and shall not be responsible for any actions that the Users may take as a result of using the Website/ Application or having to access to User Provided Content on the Website/ Application.
7.3 No advice or information, whether oral or written, obtained from or through the Firm will create any warranty not expressly made herein.
7.4 You acknowledge and agree that the Firm shall not be responsible for any inherent risks of using the Services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the likes. You agree that by using the Website/ Application, you assume all associated risks of using the Website/ Application on the internet.
7.5 You acknowledge and agree that the Firm may retain and disclose your information and User Provided Content that you provide if the Firm is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Firm deems fit.
7.6 Be aware that the Firm does not undertake to pre-screen User Provided Content. However, The Firm may periodically examine the information transmitted or received through the Website/Application and deal with or modify such information transmitted or received through the Website/Application as may be deemed necessary by the Firm in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Firm.
7.7 The User shall be solely responsible for all information that is made available by them via the Website/Application and shall be liable for any injury, damage and consequences that may arise due to incorrect, wrong or malicious information. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any Services including obtaining and seeking medical advice. The Firm will not be liable to the User or any other person in any way for any costs or consequences caused due to availing the Services through the Website/Application including injuries and death.
7.8 You are expressly prohibited from soliciting or engaging in any illegal or immoral acts through the use of the Website/ Application in any manner whatsoever.
7.9 You will not use any part of the Website/ Application for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Firm or not without the prior written consent of the Firm, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the Website/ Application into the Website's/ Application’s contents, materials or services, in any manner whatsoever.
7.10 The manner of arrangement, working, operation of the Website/Application its graphics, displays, interactive platforms, windows as available on the Website/Application are the property and proprietary information of the technology partners of the Firm and their operation, display shall be at the sole discretion of the Firm and their technology partners.
7.11 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website/ Application or any other records, computer, de\ice, network, storage, system of the Firm or any other of any other person (natural or artificial) through any means whatsoever.
7.12 The Firm shall in its sole discretion be entitled to restrict/ limit the number of messages, emails to be sent to the User in order to ensure that the Website/ Application is not misused for bulk/ spam messages in any manner whatsoever.
8 Information on the Website or Meal Plan
8.1 Whilst every effort is made to update the information contained on the Website/Application, neither the Firm nor any third party or data or content provider, if any, make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the Website/Application (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Website/Application. The Firm reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website/Application.
8.2 Information offered on the Website/Application is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website/Application it may inform the Firm about the same. The Firm may take into consideration such input by a User but is under no obligation to act on such input.
8.3 The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following:
The ingredients used in our meal plans are based on the following food databases,
1. The Food and Nutrition Database for Dietary Studies (FNDDS) – [https://data.nal.usda.gov/dataset/food-and-nutrient-database-dietary-studies-fndds]
2. The USDA National Nutrient Database for Standard Reference (SR) – [https://fdc.nal.usda.gov/]
3. Nutrition Packaging Label of food recommended – This is based on the information contained on the carton, package, box or label or provided by such third party service provider or based on information available generally online for a food item or product recommended. Such as, if a product A is recommended, we may provide you certain information based on the information that is contained on its packet.
9 Intellectual property and proprietary information
9.1 The Firm is legally entitled to use of trademarks, word marks, logos applied or registered in the name of the Firm. The Firm or its licensor/technology partners (as the case may be) are the owner of the Website/ Application, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the Website/Application is either owned by the Firm or irrevocably assigned to the Firm. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Firm in any manner whatsoever.
9.2 Nothing contained on the Website/Application should be construed as granting any licence or right to any User, to use any intellectual property belonging either to the Firm and/or its technology partner or third party service provider associated with Website/Application, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/Application that is capable of being protected as intellectual property shall be the property of the Firm or its licensors and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Firm.
9.3 The User agrees that they shall not, in any manner whatsoever –
• design, develop or engineer a website or application deceptively similar to the Website/ Application;
• download, duplicate, copy, alter, modify any content or intellectual property on the Website/ Application;
• publicise or use for commercial gain any content or intellectual property on the Website/ Application; and
• any content or intellectual property on the Website/ Application.
• Reverse engineer the website/application
10 Pop-up - third party applications
10.1 There may be links contained on the Website/Application or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. (“Linked Website”). The applications/ websites/ web pages/blogs etc. accessible by such Linked Website are not under the control of the Firm. The Firm has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc. The inclusion of any such applications does not imply endorsement by the Firm of such other Linked Website. When visiting such Linked Website, the User must refer to the external application/websites terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to the Website/Application, without the express prior written permission of the Firm. The User is to contact the Firm if it would like to link to the Website/Application or would like to request a link to its application/website.
11.1 The charge/fee for the subscription of the Services shall be as provided in the offer terms detailed on the Website/Application and opted for by a User for the use of the Website/Application. Further, in the event, the Firm is required to charge any additional fee/applicable tax by virtue of any provisions of any law, rules or regulations that are either applicable or may be applicable in future, the User expressly agrees to pay such fee/charge that may be levied by the Firm under the relevant provisions of such law/rules/regulation.
11.2 The Firm may offer such promotional codes (“Coupons”) to the Users or to the potential users or subscribers of the Website/Application as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, services. The Firm reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Firm may require with respect to each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Firm whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) non-transferable, non-assignable, (ii) used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose, other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Firm may deny /withdraw/ cancel/ suspend any benefits/features/ services offered through the use of any Coupons at its sole discretion with any prior notice to any person.
11.3 You will be required to make payments to the Firm pursuant to the debit card/ credit card/ wallets/ gateways/ net-banking or similar means (“Payment Options”) available on the Website/ App. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.
11.4 The Firm shall be entitled to change its pricing policies from time to time, without any prior notice to you.
11.5 The User hereby expressly states that he/ she is validly entitled to make payment to the Firm via the Payment Options.
11.6 You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the Services of the Firm.
11.7 Please be aware that all Payment Options are provided and maintained by third party service providers and the Firm. Hence the Firm is not liable or responsible for misuse of any information provided by the User at the time of making payment for the use of the Services on the Website/ App.
12 Disclaimers and Limitation of Liability
12.1 You acknowledge that the Services provided on the Website/Application. The Firm does not assure or guarantee that they would necessarily secure an optimum result or the advice be equivalent to a doctor’s advice/dietician’s advise.
12.2 You acknowledge and agree that the Website/ Application is not intended to substitute nutritionists/doctors or dieticians. The Users shall solely be responsible for any decisions made by them in regards Services and the plans and the steps taken by the User to follow these plans. The Firm hereby states that any decisions regarding following of the workout plans or meal plans should not be made solely on the basis of the information available on the Website/Applications. Each workout plan and meal plans may affect each customer and individually differently and there may be instances of weight gain or weight loss which may not be according to the requirement of the customer. We cannot be held liable in such cases and we recommend consulting your doctor/nutritionist before starting any plan.
12.3 The Firm shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the Website/ Application, in any manner whatsoever (including death).
12.4 The Firm shall endeavor to provide accurate and hassle free information to the Users of the Website/ Application in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes provided by any User Provided Content cannot be guaranteed and the you acknowledge that User Provided Content and other data/information on the Website /Application could have errors or may not be up to date, for which the Firm cannot be held accountable or liable at any time.
12.5 The Firm may undertake maintenance of the Application or the Website, undertake actions interrupting use of the Website/ Application, upgrade software, repair technical issues, modify the Website/ Application, deal with any other circumstances beyond the Firm’s control or delete, modify, or add any accounts on social media platforms from time to time, without any notification to the User. The User acknowledges and agrees that the aforestated circumstances may result in interruption of Services on the Platform/ Application/Website. The User agrees to co-operate with the Firm during such times.
12.7 The Firm shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of any service.
12.8 The Firm shall not be responsible or liable for any loss or deficiency of any services availed through the Website/ Application. The Users shall use the Website/ Application at their own risk.
12.9 In no event shall the Firm be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website/Application.
13 Limitation of Liability
15 Equipment and Operation
You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website/App and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website/Application.
16.1 Entire Agreement.
Any delay, failure, forbearance or indulgence by the Firm in exercising, enforcing at any time any of the provisions of the Website Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Firm to enforce any such provisions. No single or partial exercise of any rights under the Website Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the Website Terms & Conditions.
If any provision of the Website Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any applicable law, the remainder of the Website Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the Website Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the applicable law.
16.6 Governing law and Jurisdiction and Dispute Resolution
All the Website Terms & Conditions shall be governed by and construed in accordance with the laws of India.
All disputes and differences between any User and the Firm regarding the interpretation, scope or effect of any of the Website Terms & Conditions contained herein shall be referred to an arbitral tribunal consisting of a sole arbitrator appointed in accordance with the terms as may be mutually agreed between them. The language of proceedings shall be English and arbitration shall be held at Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996.
Subject to the paragraph above, the User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the Website/Application, the Website Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Any rights, benefits or obligations arising out of these Website Terms and Conditions shall not be assigned by you to any person. Any such assignment shall be null and void. However, the Firm may assign the terms of these Website Terms and Conditions, in whole or in part, to any third-party or any User Provided Content uploaded on the Website/Application at any point in time to any person at its sole discretion.
16.8 Contact Details
If the User (i) has any questions, comments or concerns arising from the Website Terms & Conditions; (ii) desires to provide input on the Information on the Website/Application or the material provided by another User; (iii) who desires to send in any requests/concerns/suggestions/feedback with respect to the Website/Application; (iv) is desirous of discontinuing /cancelling his registration/subscription; (v) the use of the Website/Application by another User; or (vi) if the User wishes to lodge any complaints regarding the Website/Application for example misuse or abuse of the facilities/Services by another User, technical snag in the software etc., such User may write to or contact the Firm at
For general questions/ support: [email protected]
Name: Miten Kakaiya
Company: Miten Says Fitness LLP
Address: B-603, 6th Floor, Venus Tower, Azad Nagar, Veera Desai Road, Andheri West, Mumbai 400053