Terms And Conditions
TERMS AND CONDITIONS OF USE OWNERSHIP – WHOLESOME HABITS PRIVATE LIMITED
Wholesome Habits Private Limited reserves the right to change this agreement at any time upon notice to you by:
- A change of notice update on website; or
- By posting a new version of the agreement when the website is opened for the first time after the change; or
- E-mail about the new update
IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY.
- MINORS The Website is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or use the Website.
2. DATA PROTECTION
3. ACCESS AND USE
All materials contained on this Website and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site or/and application for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. You have no rights in or to the intellectual property of Wholesome Habits Private Limited or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Wholesome Habits Private Limited. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this app can be made by contacting Wholesome Habits Private Limited in writing at Business & Legal Affairs at Wholesome Habits Pvt. Ltd., "E-106, Crystal Plaza, New Link Road, Andheri-West. Mumbai -400053, Maharashtra, India, email at [email protected]
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You agree that any Message whatsoever submitted by you onto the site becomes the property of Wholesome Habits Private Limited and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Wholesome Habits Private Limited sees fit.
MyDIETist reserves the right to communicate with you via SMS and Email
4. USER CONTENT
User Content is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material) that you upload or post, display, perform or distribute by means of, the Services, whether in connection with your use of Website. You hereby grant Wholesome Habits Private Limited a perpetual, fully paid -up, worldwide, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for Wholesome Habits Private Limited & it Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You will not be compensated for any exercise of the license granted under this section.
Wholesome Habits Private Limited reserves the right to:
5. UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to Wholesome Habits Private Limited via this website, these submissions become the property of Wholesome Habits Private Limited and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Wholesome Habits Private Limited sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Wholesome Habits Private Limited, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Wholesome Habits Private Limited does, however, welcome your feedback regarding the existing business. If you want to send us your feedback, send it to at [email protected] . Any feedback you provide at this site or/and application shall be deemed to be non -confidential. Wholesome Habits Private Limited shall be free to use such information on an unrestricted basis.
6. PROPRIETARY RIGHTS AND LICENCE
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned directly by Wholesome Habits Private Limited. Wholesome Habits Private Limited hereby grants you a, non-exclusive, royalty -free, license to use the Application for your personal use in accordance with these "Website terms".
Wholesome Habits Private Limited reserves the right to immediately terminate your use of, or access to, this Website at any time if Wholesome Habits Private Limited decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Wholesome Habits Private Limited considers to be inappropriate or unacceptable. In such event Wholesome Habits Private Limited reserves the right to take appropriate legal action against you and you must cease all the use of the software.
8. DISCLAIMER OF LIABILITY AND WARRANTIES
While Wholesome Habits Private Limited does its best to ensure the optimal performance of the Website, you agree that you use this Website and rely on material contained in this Website at your own risk. The app, and all materials in this app, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Wholesome Habits Private Limited DOES NOT WARRANT that the Website is fit for any particular purpose; that the website is free of viruses and other harmful components or that the website is accurate, error free or reliable. You acknowledge that Wholesome Habits Private Limited, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS/ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that Wholesome Habits Private Limited is not liable for any defamatory, offensive or illegal conduct or material found in connection with this app, including such conduct or material transmitted by any means by any other person. You acknowledge that Wholesome Habits Private Limited is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the site.
9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the website will be in accordance with this agreement and with any applicable law and regulations. You warrant and agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD -PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD PARTIES WHICH MAY RESULT FROM YOUR USE OF SERIVICE.
10. RISK ASSUMPTION
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY WHOLESOME HABITS PRIVATE LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES 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.
11. NO WARRANTY
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR APP AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
12. REFUND AND CANCELLATION
We currently do not allow any Refunds for any reason whatsoever. We would therefore suggest that you peruse the Offerings in detail prior to making a purchase or payment.
There are no hidden charges when you make payments on www.eatanytime.in. The prices listed beside the products shall be final plus taxes. Detailed break up all associated charges, if any shall be displayed on the product page.
You agree to defend, indemnify and hold harmless Wholesome Habits Private Limited, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this app; your failure to use the app; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
15. FORWARD LOOKING STATEMENT
This Website may contain forward-looking statements that reflect eatanytime.in products current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors. Wholesome Habits Private Limited intends to update this site on a regular basis but assumes no obligation to update any of the content.
16. LEGAL COMPLIANCE
You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Wholesome Habits Private Limited Attn: Legal Department, B/505, Veena Sur, Mahavir Nagar, Kandivali-West. Mumbai - 400067, Maharashtra, India, or to the email address: [email protected]. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Wholesome Habits Private Limited during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Mumbai (Maharashtra, India).