TERMS AND CONDITIONS OF SERVICE
Please read this Terms and Conditions of Service carefully. It sets forth the legal rights and obligations and by using the Service (as defined below), you are agreeing to be bound by this Terms and Conditions of Service.
This Application/Web Site is owned, controlled and operated by D9 Wellness Private Limited (hereinafter “Company”). The Company offers this Application/Website which helps you manage your health and exercise better. It is meant only for fitness and wellness and not for medical purposes.
If you subscribe to the Service for a defined period of time, then, unless you decline to renew your subscription in accordance with the below, this Terms and Conditions of Service will be automatically renewed for additional periods for which such Service is availed.
“Affiliates and Service Providers” shall mean all sister companies of the Company as well as business partners, subsidiaries, clients and service providers of the Company.
“Application” or “D9 App” shall mean the Daily 9 application owned and published by the Company
“FLC Program” shall mean the Fat Loss Challenge Programs offered to Users on Daily 9
“Grievance Officer” shall mean the officer appointed by the Company to handle matters with regard to Information and its use.
“Information” shall mean any data provided by the User as mentioned under Clause 2, including sensitive and personal data.
“Service” shall mean and include the FLC Program and other such programs provided within the D9 App.
“User” shall mean members and registrants of the Application
“Viruses” shall refer to any malware, spywares, cancel bots, trojans, time bombs and any such application which may place itself without permission or knowledge of the Company within the Application
“Website” shall refer to the Company’s website lactated at www.thedaily9.in.
1. SCOPE OF TERMS & CONDITIONS
1.1 Unless otherwise indicated, these Terms and Conditions of Service (“T&C”) apply to (i) your use of and/or access to the D9 App and Website of D9 Wellness Private Limited and (ii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by the D9 App/Web-site (collectively, the “Services”).
1.3 Do not use the D9 App/Web-site unless you intend to be bound by these T&C. If you fail to comply with T&C, we can at any time restrict you from accessing the D9 App/Web-site.
1.3 The D9 App is a very cool app. Do not do uncool things with the D9 App/Website. It is a breach of these Terms & Conditions to do any of the following:-
To enter wrong data while using the D9 App/Website;
To view the data of anyone other than your own;
To disclose anyone else’s data, without their consent;
To take screenshots of the output from the D9 App/Web-site, and share it anywhere else, without our consent;
To copy or plagiarize the questions that we have worked so hard at curating, just for the D9 App users.
To violate any of the other Terms & Conditions enumerated below.
- AGREEMENT AND ACKNOWLEDGEMENT
a. User Agreement. By using the D9 App/Website, you accept these T&C and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to T&C: From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon our sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the D9 App or otherwise using any of the Services following the date in which such Additional Terms become effective.
We do not permit individuals under 18 years of age to become registered users of our D9 App/Website. By using the D9 App/Website, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these T&C and to abide by the terms and conditions of these T&C.
You have paid the fee for using the D9 App/Website for the FLC. This will give you access to the Services as per the FLC for a period of 10 weeks, after which you may chose to re-subscribe to the FLC or continue using the non-paid Services of the D9 App.
You can cancel your membership in the FLC at anytime, and you may also stop using the D9 App/Website at any time of your choice. However, please bear in mind that there was a huge rush to get spots in the FLC. We had to turn away someone to give you a spot. As we cannot enroll anyone midway, your exit from the FLC, cannot be compensated by bringing anyone else in. Therefore, cancellations will not result in any refunds.
- USER ACCOUNT AND SECURITY
In connection with your use of certain features of the D9 App or the Website, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the D9 App/Website will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.
You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this D9 App/Website.
- CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THE COMPANY AND ITS AFFILIATES:
a. Legal Communications. We may send the following to you by email or post them on the D9 App/Website:
b. Service Announcements. In using the D9 App/Website, you may receive periodic electronic communications from the Company regarding the D9 App/Website, such as new product offers and other information regarding the D9 App/Website, which are part of the D9 App/Website and which you cannot opt out of receiving.
c. Promotional Communications. You may also receive periodic promotions and other offers or materials the Company believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
- LIMITED LICENSE
Subject to your continued compliance with the Terms & Conditions, , we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our the D9 App or Website, including by downloading and installing the D9 App, including any updates and bug fixes. Your use is limited for your personal, noncommercial use only.
The D9 App and Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company.
Furthermore, except for the limited rights granted in this clause, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the D9 App or Website or any software or technology included in or used or distributed by the Company to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
- DIETARY/MEDICAL ADVICE
The Company attempts, through the D9 App and Website, to guide you towards a healthier lifestyle. This may include dietary advice.
The D9 App and Website does not offer or purport to offer medical advice.
All diet-related information is only by way of guidance. If you have any allergies, intolerances, or any doubts with regard to any of those, you must consult a medical professional.
The Company does not guarantee the accuracy, completeness or usefulness of the diet-related information provided. Under no circumstances will the Company be responsible for any loss or damage resulting from your reliance on any of the information provided by the D9 App or the Website.
Do not discontinue any medication, or alter any dosages, based on your understanding of the D9 App or Website. Do not take any sleep-related medication or supplements, in connection with the D9 App or Website, without first consulting with a medical professional.
You are solely responsible for ensuring that any nutritional, exercise and sleep related information provided by you in the D9 App or Website is accurate, complete and useful.
THE SERVICES PROVIDED BY THE D9 APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION.
No Doctor-Patient Relationship. Any and all Services provided by, in and/or through the D9 App or Websiteare for informational purposes only. Nothing contained in the D9 App or Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the D9 App or Website should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the D9 App or Website.
If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the D9 App or Website. You represent to us (which representation shall be deemed to be made each time you use the D9 App or Website), that you are not using the Services or participating in any of the activities offered by the D9 App or Website for purpose of seeking medical attention. You further agree that, before using the D9 App or Website, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
If you have any health issues during the period of your use of the D9 App, or if you feel unusual changes in your health, or any new allergies or intolerances, during the period of your use of the D9 App, you must promptly inform us and seek medical help from a qualified professional.
- COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not (and/or will not use the D9 App/Website, and/or any part of our Services to):
a. Upload, post, email or otherwise transmit any content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
(v) are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(vii) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(viii) contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
d. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent or representative of the Company our Affiliates and Service Providers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company, our Affiliates and Service Providers or any other person or entity;
e. Provide false, misleading or inaccurate information to the Company
f. Create more than one unique public profile or register for more than one account except as specifically permitted in these T&C, create an account on behalf of someone else, or create a false or misleading identity on the Services;
g. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
h. Attempt to probe, scan or test the vulnerability of the D9 App or Website or any associated system or network, or breach security or authentication measures without proper authorization;
i. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the D9 App or the Website;
j. Interfere with or disrupt the D9 App or Website or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the D9 App or Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of the D9 App or Website;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the D9 App or Website, including usernames or passwords;
n. Access or attempt to access another user’s account without his or her consent;
o. Reverse engineer, disassemble or decompile the D9 App or Website, or attempt to discover or recreate the source code for the D9 App or Website or any portion of the Services; or
p. Assign, transfer or sublicense your rights as a registered user of the D9 App or Website.
Your privilege to use the D9 App or Websites depends on your compliance with the community standards and conduct guidelines set forth above. The Company may revoke your privileges to use all or a portion of the D9 App or Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these T&C, the Company may terminate, in its sole discretion, your use of, or participation in the Services. Any violation of this section may subject you to civil and/or criminal liability.
- DISCLAIMERS OF WARRANTIES
D9 WELLNESS PRIVATE LIMITED, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND SERVICE PROVIDERS , LICENSORS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER THE COMPANY, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATIONS OR ANY FUNCTION CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER THE COMPANY, NOR ANY OF ITS AFFILIATES OR SERVICE PROVIDERS, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, BUSINESS CUSTOMERS, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE PERSONNEL OF THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDRRS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE D9 APP, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS AND ANY OF THE COMPANY’S AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
THE MAXIMUM LIABILITY OF THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, AND ITS RESPECTIVE LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR JOINING THE FLC.
- INTELLECTUAL PROPERTY
a. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of the Company. Furthermore, you acknowledge and agree that the source and object code of the D9 App and the Website and the format, directories, queries, algorithms, structure and organization of the D9 App and Website are the intellectual property and proprietary and confidential information of the Company, its Affiliates and Service Providers, licensors and suppliers. Except as expressly stated in these T&C, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these T&C are hereby reserved and retained by the Company.
b. Trademarks & marks. [Daily9], [FLC] and the [Daily9] logo (collectively, the “D9 Marks”) are trademarks or registered trademarks of D9 Wellness Private Limited. Other trademarks, service marks, graphics, logos and domain names appearing on the D9 App or Website, or in other content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these T&C, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the D9 Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the D9 Marks generated as a result of your use of the Services will inure to the benefit of the Company, and you agree to assign, and hereby do assign, all such goodwill to the Company. You shall not at any time, nor shall you assist others to, challenge the Company’s right, title, or interest in or to, or the validity of, the D9 Marks.
c. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the D9 logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by D9.
- TERM AND TERMINATION
a. Termination. These T&C will remain in full force and effect while you use our Services (including our D9 App). We may terminate your use of, or access to, the Service in accordance with these T&C.
b. Effect of Termination; Survival. Termination of these T&C automatically terminates all rights and licenses granted to you under these T&C, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, User Content license, governing law and venue).
The Company may amend these T&C from time to time. When the Company amends these T&C, it shall notify the User of such amendments. Upon agreeing to the said amendment, the User may continue using the Services immediately.
- GOVERNING LAWS AND DISPUTE RESOLUTION
These T&C shall be governed by the Laws of India and the Courts situated in Chennai shall have the exclusive jurisdiction over the same. In the event of a dispute arising between the User and the Company and the same not being amicably settled within a period of 30 days from it arising, it shall be referred to arbitration before a sole arbitrator appointed by the Company.