TERMS OF USE
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and Rule 3(1) of Information Technology (Intermediary Guideline and Digital Media Ethic Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the nutritionwallah website
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM (DEFINED HEREINAFTER) INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE PLATFORM. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM. THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS, YOUR USE OF OUR PLATFORM BEING INDICATIVE OF SUCH ACCEPTANCE. THESE TERMS OF USE SHALL BE ENFORCEABLE AGAINST YOU IN A THE SAME MANNER AS ANY OTHER WRITTEN AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.
INTRODUCTION
www.NutritionWallahcare.com NutritionWallah (hereinafter referred to as “NW”, “NutritionWallah ”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which NutritionWallah may provide its services) is owned and operated by which M/S Primeveda Private Limited(“NutritionWallah ”) a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at office at No. F-05, 1st Floor, D-15, Sector 3 Noida Uttar Pradesh 201301
NutritionWallah is an internet based service provider that provides a healthcare platform intended to be used by end users / patients to connect with doctors / physicians / hospitals. NutritionWallah aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart devices to enable trained healthcare professionals to monitor patients and their health on a real-time basis based on scientifically collected and mapped data. NutritionWallahintegrates various devices used in hospitals with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with various leading doctors. This allows doctors to gain real-time insight on patient’s adherence to prescriptions and enables them to provide better customised care to individual patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. NutritionWallah may require patients’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.
For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" or “Patient(s)” shall mean any natural or legal person above the age of 18 (eighteen) years and who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or NutritionWallah as the context may so require;
These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and NutritionWallah in relation to your use of the Platform
Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and NutritionWallah and governs your use of the Platform's Service, superseding any prior agreements between you and NutritionWallah
By using our Platform and the services provided through our Platform you herein represent and warrant that you are atleast 18 (eighteen) years old. Kindly refrain from using the Platforms if you are not 18 (eighteen) years old.
SCOPE OF SERVICE
The Platform provides an internet based data aggregation service that collates, gathers, organizes and analyses data from different sources or devices to provide real-time feedback / overall view of a person/ User’s physiological health. The Platform provides an integrated service connecting patients to their doctors / hospitals and providing both parties real-time data in order to track treatment, behaviour and performance, thereby enabling a holistic and personally customized approach to health care management
Patients can use the Platform to integrate data from various smart devices that monitor different parameters or different aspects of their health. Patients cannot see data or details of any other person / patient or User and can only use the Platform for personal, non-commercial usage.
Doctors, hospitals and trained healthcare professionals can use the Platform to monitor and analyse variation in or discrepancies in different parameters of patients / Users on a real – time basis in order to better judge the effectiveness of any treatment regime and patients’ response to such treatment.
The Platform does not provide medical advice and should not be construed as a mechanism for Patients to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by trained healthcare professionals for better management of Patient treatment regimes. The Platform and the contents thereof are not to be construed as providing any medical advise and is not a substitute for consultation with a healthcare professional.
The Platform may collect sensitive personal information of patients/Users and share the same with persons entrusted by such patient / User to receive such information.
The Platform uses proprietary technology, software and medical algorithms designed and created by NutritionWallah in consultation with several leading doctors to analyse, evaluate and assess data collected by the Platform in respect of each individual patient / User.
ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM
The Platform may provide generic and general information to persons who casually visit / peruse the Platform. The Platform shall only provide its services to Users that register with the Platform.
Registered Users must necessarily create a personal profile in order to use the Platform. NutritionWallah strives to ensure the confidentiality and security of each personal profile of registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. NutritionWallah does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by him / her and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him / her are correctly and accurately provided to the Platform
NutritionWallah may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document / page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information / data, including doctors, hospitals or other trained healthcare professionals.
No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by NutritionWallah with its trusted third parties, business partners, affiliates or other entities
NutritionWallah does not access your personal information. NutritionWallah uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and healthcare professionals.
You acknowledge and agree that your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and / or to devices or individual persons who have been authorized by NutritionWallah or by the User to receive such information.
Your Use of the Content of the Platform : All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms :
Any downloading of Content is unauthorised and / or prohibited unless consent is received from NutritionWallah to authorize such download.
You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking
You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines
If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offence and NutritionWallah shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform
You may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to NutritionWallah . You may not use the Platform to compile a collection of listings, including a competing listing product or service. You may not use the Platform or any Content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein. All such rights are retained by NutritionWallah , its subsidiaries, and/or any third party owner of such rights.
You may not incorporate any portion of the software / source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license NutritionWallah software in whole or in part. All software, services and features used in the Website / Platform are the property of NutritionWallah or its software suppliers and is protected by applicable copyright laws.
Users are responsible for all information and content uploaded or published by them. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information. You acknowledge that in the event that you have furnished any such false information, NutritionWallah will have all rights to initiate appropriate legal action against you for the same, including sharing your sensitive personal information with jurisdictional or governmental authorities.
Feedback :
You are solely responsible for the content of any transmissions you make to the platform and any materials / data / information you add to the Platform, including but not limited to transmissions like your reviews, ratings and comments posted by you (the "feedback"). NutritionWallah does not endorse or accept any of your feedback as representative of their (NutritionWallah ) views. By transmitting any public feedback to the Website, you grant NutritionWallah an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant the aforementioned rights to NutritionWallah . You hereby waive and grant to NutritionWallah all rights including intellectual property rights and also moral rights in your feedback, posted on the Platform. NutritionWallah is free to use all your feedback as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as feedback; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by your friend's tagged by you or who respond to your feedback. Also, NutritionWallah reserves the right to mask or unmask your identity in respect of the feedback posted by you.
NutritionWallah are has the right, but not the obligation to monitor and edit or remove any content posted by you as feedback. NutritionWallahcannot review all feedback made on its Platform. However, NutritionWallahreserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which NutritionWallahin its sole discretion deems inappropriate, offensive or contrary to any NutritionWallahpolicy, or that violate the following terms. NutritionWallahreserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which :
is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
constitutes or contains false or misleading indications of origin or statements of fact;
slanders, libels, defames, disparages, or otherwise violates the legal rights of NutritionWallah or any third party;
causes injury of any kind to any person or entity;
infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
violates any applicable laws, rules, or regulations;
contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any issues or claims due to your feedback, then NutritionWallah reserves right to take appropriate legal action against you. Further, you shall indemnify and protect NutritionWallah against such claims or damages or any issues arising directly or indirectly due to your posting of such feedback. NutritionWallah takes no responsibility and assumes no liability for any content posted by you or any third party on the Platform.
You further acknowledge that conduct prohibited in connection with your use of the Platform includes, but is not limited to, breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User
You shall not host, display, upload modify, publish, transmit, store, update or share any information that:
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of other privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
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 other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
Career
1. You shall observe strict secrecy with regards to information that may come to your knowledge or possession in the course of your employment with the company. And Shall at no time divulge publish or otherwise disclose any information concerning the business, technology or affairs of the Company except for the purpose expressly authorized in writing by the Company. You expressly recognize that the technology and trade secrets of the Company are proprietary and constitute great value for the Company and unauthorized disclosure of which will cause great financial loss to the company.
2. You shall not take any paper, documents, files, photographs, instruments, apparatus or any other property of the Company out of the Company premises where you are based and any such material must be returned intact and without dissemination to the Company at the time of end of employment with the Company.
3. You shall not during the course of your employment, acquire any patent or intellectual property rights for any invention, design, improvement of method or performance in relation to any goods or products which the company manufacturers or may manufacture in due course of time. Any Such invention, design, improvement of method/performance etc shall remain at all times the intellectual property of the Company.
4. You shall not enter into or take up any other employment or engage in any business/trade/consultancy under any circumstances, with or without remuneration, while in the employment of the company and shall keep yourself whole time available for the service of the company.
5. You will initially posted at our works situated at Office No F05, First Floor, Block D, Plot No 15, Sector 3 Noida 201301. You will be liable to be transferred from our one Section / Department to another Section / Department of the Works / Branch. Your Services would also be liable to be transferred to any of our Units / Branches/ Works whether existing or to be set up or acquired in future by the Company anywhere in India. You could also be transferred to any of our Sister / Associate Concerns. Consequent upon your transfer, Your Salary will not be affected to your disadvantage and you will be entitled to Travelling/Removal allowance as per prevailing service rules of the company.
6. Your Growth in the Company depends primarily upon your performance, contribution, dedication, sincerity, integrity and initiative.
7. Your employment is liable to be summarily dismissed without any notice period or payment in lieu thereof in case you indulge in any of the following acts of misconduct:
8. Your Employment is substantially based on the information provided by you. If it is found at any stage that the information provided by you is incorrect or that some information is suppressed then your employment is liable for summary termination without any notice period or payment in lieu thereof.
a. Willful insubordination or the instigation thereof.
b. Theft fraud or dishonesty in connection with the company business or property, or theft of another person property within the Company or outside.
c. Taking bribes or illegal gratification of any natural whatsoever.
d. Causing willful damage to the company property or premises.
e. Habitual late attendance or leaving the place of work before theme without permission.
f. Habitual negligence of duty or interfering in another person Work.
g. Conviction by any court of law for any criminal offence.
h. Giving false information or concealing information for obtaining employment with the company.
i. Refusal to accept any communication from the Management
j. Acting in a manner to bring discredit to the company or its products.
k. Submission of false expenses voucher.
l. Spreading false information or rumors or indulging in other acts of indiscipline.
m. Refusal to abide by Company rules and policies
n. Conduct unbecoming of a company employee.
9. You will be on probation for a period of one year from the date on which you report for duty. At any time during to probation, your employment is liable to terminate without notice but on confirmation, in probation period if company found in review meeting performance is not suitable then employment will terminate without notice, your service are liable to termination by giving one month notice on either side or Salary in Lieu thereof in accordance with the prevailing Service Rules of the Company applicable to you, in 7 days non paid training period or probation period if any employee take leave more than 3 days company is liable to take action Suspension or Termination without any payment due to irresponsible behavior.
10. You will be governed by the Prevailing Service Rules of the Company enforced from time to time in respect of your obligation to and benefits from the company.
11. During the course of your employment you may have access to computer and related Equipment and software, library resources, telephones and facsimile machines, Internet connectivity and access to internet services, access to and use of email, photocopiers and general office supplies, mobile, telephones, laptops etc( Collectively referred to as ICT). Access to and use of ICT is not formal benefit not do you have any contractual right to make use of ICT is provided for business use only and any data or misuse of ICT may attract instant dismissal and / or appropriate disciplinary/legal action in addition to criminal penalities.
12. Upon termination /cessation of your employment with the company you will surrender all document /data, published or written material, all data / documentation stored in Electronic or any other form, all customer contact lists, mobile telephone lists etc. as also any equipment given to you by the company in the course of your employment including but not limited to vehicle, laptop, mobile phone, sim card, data card, pen drive etc. Your Final accounts clearance will be subject to you compliance of the same.
13. You expressly understand and accept that the Company will be incurring large amounts of money, time and effort in your training and in the course of your employment with the company. You expressly consent, without any influence or coercion that all expenses in cured by the company for training, education and development purpose will be deducted/be payable by you in the event you leave the company’s employment within a period of two years from your date of joining. Any expenses incurred by the company towards consultant fees and/or placement fees for your employment shall also be payable to you to the Company in such event and shall be deducted from your account settlement.
14. In case your leave the company you will not join any competitor for period of two years from the date of cessation / termination of your Employment and shall not be directly or indirectly associated with or be employed in any capacity whatever with the company’s competitor who is dealing in any manner whatever with the products of the Company or any of the products or services similar to the company.
TERMINATION
NutritionWallah (as the context warrants) reserves the right to suspend or terminate services provided through the Platform and under this Terms of Use, with or without notice and to exercise any other remedy available under applicable law, in case of the occurrence of the following events:
You breach any terms and conditions of the this Terms of Use or contravenes applicable laws;
third-party reports violation of any of its right as a result of your use of the services and the Platform.
Notwithstanding the above, NutritionWallah reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause IV above.
SHIPPING POLICY
We care for you especially when it is the matter of your health, and thus we shall try and ensure that all the products you receive from us are on time, of the best quality, and in the optimum condition. We have a Pan India coverage of couriers to accelerate the process of product delivery at your address.
We put our best efforts to deliver the product within 7-14 working days after it gets dispatched from the warehouse, depending upon the location of the shipment. However, under some unavoidable circumstances, your order might take longer to be delivered. NutritionWallah shall not be liable for any delay in the shipment or delivery of the product.
CANCELLATION POLICY
NutritionWallah only offers online payment options and COD (cash on delivery) is NOT an option for any services. You can contact NutritionWallah sales support at +91-9205-900-990 .
It is hereby clarified that, once the order is shipped, it cannot be cancelled in transit and may only be cancelled and returned once it is received by the customer on such terms and conditions as may be applicable for cancellation of the order.
All the rights to cancel any order without explanation are reserved with NutritionWallah Care, in case, where required circumstances could not be fulfilled. NutritionWallahwill make sure that all the communication related to the cancellation of the order and refund of the amount will be done in a reasonable time duration.
EXCHANGE POLICY
We at NutritionWallah challenge ourselves continually to work for the betterment of the society where every individual enjoys good health and comfortable living. We work hard to deliver exceptionally good quality healthcare products at the most competitive price in the market.
If the purchased product does not meet your expectations, you can easily return it within 3 days of delivery either by calling us at +91-9205-900-990 (Working hours: Monday to Friday, 10.00 am to 6.00 pm) or by sending us an email at support@Nutritionwallah.com within 24hrs of delivery.
Terms and conditions for return/exchange:
Return Policy is applicable only where the product has a manufacturing defect or damage. We do not accept returns in case of wrong product selection made by the customer. Also, general reasons such as not liking the color, design, fit, etc. would not be considered for return. We suggest you go through all product specifications, images, description, fit/size, etc. before purchasing any product.
The product should not be damaged and must be returned with complete accessories and original packaging and invoice.
Shipping charges if any shall not be refundable.
If the product that you received is defective or damaged, please inform the company within 24 hours of delivery via email at support@nutritionwallah.com or by calling us on customer care at +91-9205-900-990 . Our customer care executive may call you to know the exact condition of the product.
You can also choose to send back the product through courier within 48 hours after raising a return request.
In case, the returned product does not meet the aforementioned conditions, it will not be accepted and will be returned back to the customer at their expense and the amount will not be reimbursed.
Kindly ensure that the returned product is securely packaged in original packaging to avoid any damage during transportation.
Please note that our pick-up facility is available in selected locations only.
Refund Policy:
In case of customer request for refund, it will be processed through the online payment method within 10 working days after the quality check has been done on the returned product. Refunds being processed is at the sole discretion of NutritionWallah and shall be initiated only if NutritionWallah is satisfied that the retuned product has a manufacturing defect or damage and is returned as per the terms of the return or exchange policy as mentioned hereinabove.
PAYMENT TERMS :
The User shall make the payments to avail the Services or to make purchases through the Platform through the third-party payment gateway made available on the Platform. NutritionWallah shall have no role to play in case of any dispute related to payments/refunds. It is expected that the User shall contact the third-party payment gateway and/or the bank for any payment related issues. The collection and usage of payment related information is governed by the policies of the payment gateway provider.
PRIVACY POLICY
DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION.
. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any service, feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
NutritionWallahis committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its members, Users, clients, business partners and other users of the Website. To read our privacy policy statement, please refer to the Privacy Policy.
NutritionWallahtries to ensure that sensitive personal information of Users is not shared with any third party, except for persons authorized by the User to receive such information.
DISCLAIMER OF WARRANTIES
Your use of this Platform is at your own risk. This Platform is provided by NutritionWallahon an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that:
This Platform and its services will meet your requirements.
This Platform will be uninterrupted, timely, and secure or error free.
The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and Errors in the software will be corrected within reasonable time.
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
LIMITATION OF LIABILITY:
In no event shall NutritionWallah be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if NutritionWalla his aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. NutritionWallah does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
NutritionWallah cannot authenticate or verify any of the data collected from any device owned or used by any User. NutritionWallah shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by NutritionWallah and / or any healthcare professional. NutritionWallah shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device.
ADVERTISEMENTS
NutritionWallahreserves the right to advertise on the Platforms but does not endorse any services, persons or products as advertised. Users are advised to use their discretion with respect to the advertisements and should read all the terms and conditions relating to the product as provided by the manufacturer of the product before making such purchase through the Platform.
By using the Platform and/or registering yourself on the Platform you authorize us to contact you via email or phone call, Whatsapp or SMS and offer you our services, imparting product knowledge, offer promotional offers running on the Platform & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from NutritionWallah for the above-mentioned purposes till 365 days of your registration with NutritionWallah
INDEMNITY
You agree to indemnify, defend and hold NutritionWallah harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website
You hereby agree to indemnify, defend and hold harmless NutritionWallah , , licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
Any violation by you of these Terms of Use.
Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of NutritionWallah ;
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify NutritionWalla hand its affiliates, officers, agents, directors, shareholders and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, NutritionWallah shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to fraud.
