The use of this website and services on this website provided by Diacure Nutrition & Lifestyle Clinic (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference together with the Privacy Policy. The following are the Terms of Service governing your use of www.diacureclinic.com (the "Website"), all pages on the Website, and any services provided by or on this Website ("Services").
By accessing, either directly or through a hyperlink, the Website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation patients, clients, customers, browsers, and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy, which sets forth how information collected about you is collected, used, and stored.
The parties referred to in these Terms of Service shall be defined as follows:
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by them. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
The Website is an online platform which carries out the sale of the following:
Consultations, Nutrition & Lifestyle Coaching, Health Programs, Meal Plans, Health Products, and Subscriptions. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You agree that the Owner owns all right, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Owner.
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase. Payment for any ongoing Services is billed automatically until You notify Us that You would like to terminate Your access to the Services.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Owner.
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
(d) to violate any local, federal, or international law, statute, ordinance, or regulation;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to damage, disable, overburden, or impair the Website or any other party's use of the Website;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
(m) to personally threaten or has the effect of personally threatening other Users.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other Users and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes, and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication, or other materials that is abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful, or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
The Website and Services are provided for communication and educational purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk.
Diacure Nutrition & Lifestyle Clinic
www.diacureclinic.com
Your trusted partner in diabetes, nutrition, and lifestyle health.
I expressly assume the risks of nutrition and lifestyle coaching, including the risks of trying new foods and the risks inherent in making lifestyle changes.
I release Diacure Nutrition & Lifestyle Clinic and its team from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which I ever had, now have, or will have in the future against Diacure Nutrition & Lifestyle Clinic, arising from my past or future participation in, or otherwise with respect to, the nutrition and lifestyle coaching sessions, unless arising from the gross negligence of Diacure Nutrition & Lifestyle Clinic or its representatives.
Diacure Nutrition & Lifestyle Clinic
I acknowledge that I take full responsibility for my life and well-being, as well as the lives and well-being of my family and children (where applicable), and all decisions made during and after the duration of my participation in nutrition and lifestyle coaching.
I expressly assume the risks of nutrition and lifestyle coaching, including the risks of trying new foods and making lifestyle changes.
I release Diacure Nutrition & Lifestyle Clinic and its team from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which I ever had, now have, or will have in the future against Diacure Nutrition & Lifestyle Clinic, arising from my past or future participation in, or otherwise with respect to, the nutrition and lifestyle coaching sessions, unless arising from the gross negligence of Diacure Nutrition & Lifestyle Clinic or its representatives.
Diacure Nutrition & Lifestyle Clinic will keep my information private and will not share my information with any third party unless compelled to by law or with my explicit consent.
Payments are due at the time of service. There are no refunds for payments made, unless an issue of gross negligence by Diacure Nutrition & Lifestyle Clinic arises. Any money-back guarantee offered is valid only when the program is followed as per design and all required documentation or evidence of compliance is provided, as specified by Diacure Clinic.
In the event of a dispute between Diacure Nutrition & Lifestyle Clinic and myself with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, both parties agree to resolve the dispute through binding arbitration. Any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to me, the “CLIENT,” in the event that an award is granted in arbitration is a refund of the program fee.
No award of consequential or other damages, unless specifically set forth herein, may be granted to me, the “CLIENT.”
This agreement shall be construed according to the laws of the City of Mumbai. If any provision of this Agreement is deemed unenforceable, the remaining portions shall remain in full force.
This Nondisclosure Agreement ("Agreement") is entered into by and between Diacure Nutrition & Lifestyle Clinic ("Disclosing Party") and the undersigned client ("Receiving Party") for the purpose of preventing the unauthorised disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
"Confidential Information" includes all information or material that has or could have commercial value or other utility in the business in which Diacure Nutrition & Lifestyle Clinic is engaged. If Confidential Information is in written form, it will be labeled or stamped "Confidential" or with a similar warning. If Confidential Information is transmitted orally, the Disclosing Party will promptly provide a written indication that such communication constituted Confidential Information.
Receiving Party's obligations under this Agreement do not extend to information that is:
(a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party;
(b) discovered or created by the Receiving Party before disclosure by the Disclosing Party;
(c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or its representatives; or
(d) disclosed by Receiving Party with Disclosing Party's prior written approval.
The Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. The Receiving Party shall not, without prior written approval of the Disclosing Party, use for its own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if requested in writing.
The nondisclosure provisions of this Agreement shall survive the termination of this Agreement, and the Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Disclosing Party sends written notice releasing the Receiving Party from this Agreement, whichever occurs first.
Nothing in this Agreement shall be deemed to constitute either party a partner, joint venture, or employee of the other party for any purpose.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
Both parties agree not to attack or criticise either party, including Diacure Nutrition & Lifestyle Clinic’s clients, executives, employees, prospective customers, associates, vendors, or third parties, publicly (including on public forums, blogs, social networks, etc.) at any time. Violation of this agreement will result in a penalty and reversal of any refund. Similarly, the client agrees not to seek advice or post in any forum or social media in a way that brings disrepute to the clinic or any of its employees, associates, or partners. Defamation is a false and unprivileged statement of fact that is harmful to someone's reputation and published "with fault," meaning as a result of negligence or malice. Indian laws define defamation in specific ways. Libel is written defamation; slander is spoken defamation.
This consent form and agreement are designed to protect both the client and Diacure Nutrition & Lifestyle Clinic and to ensure a professional, confidential, and respectful relationship.
Let me know if you need this further customized for specific programs, practitioners, or services at Diacure!
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