TERMS AND CONDITIONS
WELCOME TO HEALTHIFYME
This user agreement (“Agreement”) is an agreement
between you and Healthifyme Wellness Products And Services Private
Limited ("HealthifyMe" or "we" or
"us" as the context requires) governing your use of
HealthifyMe's products, software and/or services with the
characteristics and features as described on
and the HealthifyMe mobile App (“App”) and your use of
the Eat Better marketplace made available on the Website and App
(“Marketplace”) (referred to collectively as the
"Services"). HealthifyMe may have subsidiaries and
affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of HealthifyMe. You
acknowledge and agree that the Subsidiaries and Affiliates will be
entitled to provide the Services to you under the terms of this
By accessing the Website, the App or the Marketplace, at your option,
registering thereon and thereafter using the Services as a member or
guest, you agree to be bound by this Agreement and the terms contained
in it. This Agreement governs your access and use of this Website/
App/Marketplace and applies to all visitors, users and others who access
the Service ("Users"). If you do not agree with the terms contained in
this Agreement, you are not permitted to use this Website/
App/Marketplace. HealthifyMe will not be liable for any consequences
any time by amending this page and the terms hereof. The revised terms
of use shall be posted on the Website/ App and you are expected to check
this page from time to time to take notice of any changes we make, as
they are binding on you. Some of these provisions may be superseded by
provisions or notices published elsewhere on our Website/
App/Marketplace. All changes are effective as soon as we post them and
by continuing to use the Website/App/Marketplace and avail of the
Services, you agree to be bound by the revised terms and conditions of
use. Your use of Website/App/Marketplace is subject to the most current
time of such use.
HealthifyMe has created this Website/App/Marketplace to provide Users,
the Services which includes, guidance on how to improve their fitness
and how to integrate fitness into their individual lifestyles and to
provide the Users access to healthy and nutritious food products. While
our workout and nutrition recommendations consider several factors
specific to each individual, including anthropometric data, fitness
goals and lifestyle factors, we are not a medical organization, and our
recommended workout plans and specific exercises should not be
misconstrued as medical advice, prescriptions, or diagnoses.
The Marketplace is an e-commerce marketplace made available on the
Website and App, wherein Users are provided access to a variety of
health and nutrition based products (“Products”). These
Products are listed for sale by multiple vendors on the Marketplace. The
Users may place orders and purchase the Products on the Marketplace
using the payment gateway provided therein. The use of the Marketplace
and the purchase of the Products shall be governed by the terms hereof.
Access to the Services is permitted on a temporary basis, and we
reserve the right to withdraw or amend the Service (or any
features within the Services) that we provide on our Website/
App/Marketplace by notifying the same on our
Website/App/Marketplace from time to time without prior notice to
you. We will not be liable, if for any reason our
Website/App/Marketplace or the Services (or any features within
the Services) are unavailable at any time or for any period. From
time to time, we may, at our sole discretion, restrict access to
some parts of our Website/App/Marketplace, or our entire
Website/App/Marketplace, to Users who have registered with us.
HealthifyMe grants you permission to use the Services as set forth
in this Agreement, provided that: (i) you will not copy or
distribute, any part of the Services in any medium or in any
manner whatsoever without HealthifyMe’s explicit authorisation in
this regard; (ii) you will not alter or modify any part of the
Services other than as may be reasonably necessary to use the
Services for its intended purpose; and (iii) you will otherwise
comply with the terms and conditions of this Agreement.
In order to access the Services, you will need to register on the
Website/ App and create a “Member” account. Your account gives you
access to the Services and functionality that we may establish and
maintain from time to time and in our sole discretion on the
By using the Services and completing the registration process, you
warrant that: (a) all the data provided by you is accurate and
complete; (b) you shall maintain the accuracy of such information,
and any changes thereto by regular updation of any such
information; (c) you affirm that you are over 18 (eighteen) years
of age and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply
with this Agreement; (d) you are eligible in accordance with
applicable laws to enter into a binding contract and are not a
person barred from receiving the Services under applicable laws ;
and (e) you may use the Website/ App or such other Services
provided through the Website/ App only in compliance with this
Agreement and all applicable local, state, national, and
international laws, rules and regulations. We shall not be liable
for any injury, damage or other consequence, health related or
otherwise arising out of any inaccuracy in the information
provided by you on the Website/App. Your profile may be deleted by
us by informing you 24 (twenty four) hours in advance without
warning, or without any notice whatsoever, if we believe that you
have violated any of the conditions as mentioned under this
You must provide your full legal name, valid email address and any
other information requested from you, from time to time, in order
to complete the registration process and be entitled to use the
Services. The information provided by you may be shared by us with
any third party for providing the Services, record keeping
purposes, internal procedures or for any other purposes and by
using this Website/ App you expressly consent to such sharing of
the information provided by you.
Upon completing the registration process, you will be provided
with a user identification code, password or any other piece of
information, as part of our security procedures. You must treat
such information as confidential, and you must not disclose it to
any third party. You also agree to ensure that you exit/log out
from your account at the end of each session. We have the right to
disable any user identification code or password, whether chosen
by you or allocated by us, at any time, if in our opinion you have
failed to comply with any of the provisions of this Agreement. You
will immediately notify HealthifyMe of any unauthorized use of
your password or user identification code, by sending details of
such unauthorized use to:
You are responsible for making all arrangements necessary for you
to have access to our Website/App/Mar and thereby the Services.
You are also responsible for ensuring that any persons who access
our Website/App/Marketplace and thereby the Services through your
account are aware of these terms, and that they comply with them.
You are also solely responsible and liable to HealthifyMe for all
activities that take place or occur under your account. You agree
that your ability to log into your account is dependent upon
external factors such as internet service providers and internet
network connectivity and we shall not be liable to you for any
damages arising from your inability to log into your account.
HealthifyMe reserves the right to refuse access to use the
Services offered at the Website/ App/Marketplace to new Users or
to terminate access granted to existing Users at any time without
according any reasons for doing so. Use of the account is not
available to any User who is suspended or prohibited by
HealthifyMe from using the Website/App/Marketplace or Services for
any reason whatsoever.
MEMBERSHIP/REGISTRATION FOR THE SERVICES
Once you complete registration on the Website/App, you will be a
allows you to access and post content on the Website/
allows us to contact you, if necessary, in order to inform you
describing new services that we enable on the Website/App;
allows you to access and purchase Products on the Marketplace,
subject to the terms and conditions set out herein;
allows you to make use of the Services on the Website/ App
subject to these terms and conditions;
does not allow you to use email addresses displayed on the
Website/ App for any purpose other than that specifically
authorized by us.
By providing HealthifyMe your email address/ phone number you
our using your email address or mobile number to send you
Service-related notices, including any notices required by
law, in lieu of communication by postal mail. You may use your
settings to opt out of Service-related communications
vide email/mobile number or entirely.
Our using the phone numbers provided by you, to contact you
from time to time, in order to provide you updates and advice
relating of your progress on the App and the usage of our
Services, and relating to any new promotions and sales
opportunities on the App.
Our using on your email address, home address, phone number
and other ancillary information to fulfil the orders placed by
you on the Marketplace; and
Our using your email address or phone number to send you other
messages, including changes to features of the Service and
special offers. If you do not want to receive such email
messages, you may opt out by sending us an email at:
email@example.com. Opting out
may prevent you from receiving email messages or phone
messages regarding updates, improvements, or offers.
GRANT OF LICENSE
Subject to these terms and conditions of use, HealthifyMe grants
you a non-transferable, non-exclusive, non-sublicensable limited
right and license for you to access and use the Services solely
for the purpose permitted, including but not limited to storing or
otherwise using or sharing your documents, files, schedules,
minutes or other data.
PRIVACY AND YOUR PERSONAL INFORMATION
For information about HealthifyMe's data protection practices,
policy explains how HealthifyMe treats your personal information,
and protects your privacy, when you use the Services.
You may access and use the Marketplace to purchase Products listed
thereon by third party vendors from time to time.
HealthifyMe’s responsibility in terms of the Marketplace shall
extend solely and exclusively to:
The provision of the platform for the Marketplace on the
Collection of payments from Users using the third party
payment gateway on the Marketplace. In the event of any
disputed payments made, HealthifyMe shall pass on the dispute
to the payment gateway provider for resolution. This shall be
the extent of HealthifyMe’s obligations in this regard;
Delivery of the Products to the Users who have placed orders
therefor on the Marketplace.
It is hereby clarified that the Products listed on the Marketplace
are listed by third party vendors. The Products do not belong to
HealthifyMe in any manner whatsoever. Thus HealthifyMe makes no
warranty for, and shall not be responsible in any manner
whatsoever for the quality, quantity or authenticity of the
There shall be no refunds or cancellations initiated or
entertained, once an order is placed and processed on the
Marketplace, save as set out herein.
UPLOADING MATERIAL TO THE SERVICE
Whenever you make use of the Services (or any feature or part of
the Services) that allows you to upload material on the Website/
App/Marketplace, or to make contact with other users of our
Website/ App or vendors on the Marketplace, you must comply with
applicable data protection rules/laws and the content standards
set out below. The content standards apply to each part of a
contribution as well as to its whole. Your contribution must be
accurate where it states facts, be genuinely held (where it states
opinions), comply with the law applicable in any country from
which it is posted; and be relevant to your posting or use of the
Restrictions on Content
Your contribution must not:
belong to another person and contain any information that you
do not have any right to;
- Be defamatory of any person;
Be obscene, offensive, pornographic, hateful, harmful,
harassing, defamatory, vulgar, libelous, lewd, blasphemous,
lascivious, invasive of another’s privacy, racially,
ethnically or otherwise objectionable or inflammatory,
disparaging, relating or encouraging money laundering or
gambling or otherwise unlawful in any manner whatsoever;
Violate the provisions of the Indian Penal Code, 1861, the
Information Technology Act, 2000, Information Technology
(Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules, 2011, notified
vide Notification G.S.R 313(E) issued by the Ministry
of Communications and Information Technology or other
applicable laws containing offences relating to content that
is publicly accessible;
Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
Disclose the name, address, telephone, mobile or fax number,
e-mail address or any other personal data in respect of any
- Be harmful to minors;
Infringe any intellectual property including copyright,
database right or trade mark of any other person;
Breach any legal duty owed to a third party, such as a
contractual duty or a duty of confidence;
Be likely to harass, upset, embarrass, alarm or annoy any
Impersonate any person, or misrepresent your identity or
affiliation with any person;
Advocate, promote, incite any third party to commit, or assist
any unlawful or criminal act;
Contain a statement which you know or believe, or have
reasonable grounds for believing, that members of the public
to whom the statement is, or is to be, published are likely to
understand as a direct or indirect encouragement or other
inducement to the commission, preparation or instigation of
acts of terrorism;
Be such that it is known by you to be false, inaccurate or
Deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature;
Be content for which you were compensated or granted any
consideration by any third party;
Contain any computer viruses, any code, worms or other
potentially damaging or limiting the functionality of any
computer programs or files.
Threatens the unity, integrity, sovereignty of India, friendly
relations with foreign states or public order or causes
incitement to the commission of any cognizable offence or is
insulting to another nation.
We hereby reserve the right to take down any content posted by
you, which, in our sole discretion falls under the above
RESTRICTION ON USE OF SERVICES
You are not permitted to and shall not do any of the following
acts, the breach of which shall entitle HealthifyMe to terminate
your use of the Services, without prejudice to any other rights or
remedies we may have against you:
Distribute, sell, supply, modify, adapt, amend, incorporate,
merge or otherwise alter the Services and all content provided
to you as part of the Services;
Attempt to decompile, reverse engineer or otherwise
disassemble any Service or content provided to you as part of
the Services or the Website or the App or the Marketplace;
Attempt to copy any software provided to you as part of the
Services or the Website or the App or the Marketplace and in
particular its source code, or attempt to decrypt any part of
such software that is provided to you;
Create any derivative work or version of any software provided
by us in relation to or to facilitate your use of the Services
or any content provided as part of the Services;
Remove, from the Services or any content provided as part of
the Services, any logo, copyright or proprietary notices,
legends, symbols, labels, watermarks, signatures or any other
like marks affixed to or embedded in the Services;
Use the Services or any part of it to create a false identity,
to impersonate any person or organization, or attempt to
disguise the origin of any content;
Use any of HealthifyMe’s domain name as a pseudonymous return
Access or use the Website/ App/Marketplace in any manner that
could damage, disable, overburden, or impair any of the
Website/ App/Marketplace’s servers or the networks connected
to any of the servers on which the Website/ App/Marketplace is
Access or attempt to access any content that you are not
authorized to access by any means;
Access the Website/ App/Marketplace through any other means
other than through the interface that is provided by us;
- Alter or modify any part of the Services; and
Disrupt or interfere with the security of, or otherwise cause
harm to the Website/ App, materials, system resources, or gain
unauthorized access to the user accounts, passwords, servers
or networks connected to or accessible through the
Website/App/Marketplace or any affiliated linked sites.
RIGHTS RESERVED BY HEALTHIFYME
We have the right to disclose your identity to any third party who
validly claims and provides evidence that any material posted or
uploaded by you to our Website/App/Marketplace constitutes a
violation of their intellectual property rights, or of their right
We are not responsible, or liable to any third party, for the
content or accuracy of any materials posted by you or any other
User of the Services.
We have the right to immediately terminate your access or usage
rights and remove non-compliant information or material, in case
of non-compliance with these terms and condition, this Agreement
We have the right to investigate and prosecute violations of these
terms and conditions to the fullest extent of the law and may
involve and cooperate with law enforcement authorities in
prosecuting Users who violate these terms and conditions.
While we have no obligation to monitor your access to or your use
of the Services (or any feature or part of the Services), we have
the right to do so for the purpose of operating the Website/
App/Marketplace and providing the Services, to ensure your
compliance with these terms and conditions, or to comply with
applicable law or the order or requirement of a court,
administrative agency or other governmental body.
Subject to the receipt of a complaint from a User, we have the
right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all content from any
Service. For some of the Services, HealthifyMe may (but shall be
under no obligation to) provide tools to filter out explicit
sexual content or any content which it deems to be unsuitable at
its sole discretion.
We reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to: (a) satisfy
any applicable law, regulation, legal process or governmental
request; (b) enforce these terms and conditions, including
investigation of potential violations hereof; (c) detect, prevent,
or otherwise address fraud, security or technical issues; (d)
respond to user support requests; or (e) protect the rights,
property or safety of HealthifyMe, its Users and the public.
HealthifyMe shall not be responsible or liable for the exercise or
non-exercise of its rights under these terms and conditions in
We reserve the right to introduce or change the prices of all
Services upon 30 (thirty) days’ notice from us. Such notice may be
provided at any time by posting the changes to the terms and
conditions of use or the Services on the Website/App itself.
HealthifyMe shall not be liable to you or to any third party for
any modification, price change, suspension or discontinuance of
BREACH OF CONTENT STANDARDS
When we consider that a breach of the content standards (as stated
above) has occurred, we may at our discretion take such action as
we deem appropriate. Failure to comply constitutes a material
Service, and we may take any action legally available including
all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to
use the Services and simultaneous termination/suspension of
your account on the Website/App;
Immediate, temporary or permanent removal of any contribution
already posted on the Website/App/Marketplace using the
Services, upon your failure to cure the breach that is brought
to your notice;
- Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs
on an indemnity basis (including, but not limited to,
reasonable administrative and legal costs) resulting from the
- Further legal action against you; and
Disclosure of such information to law enforcement authorities
as we reasonably feel is necessary or as required by law.
We hereby disclaim and exclude our liability for all action we may
take in response to breaches of these rules. The actions described
above are not limited, and we may take any other action we
reasonably deem appropriate.
Upon such termination/suspension of your account, you will no
longer be able to access your account or any content or data you
have stored on the servers. All licenses granted to you by
HealthifyMe to the Website/App/Marketplace or the Services will
You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to
as part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated.
You agree that you are solely and exclusively responsible for any
and all content that you create, transmit or display while using
the Services and you are solely and exclusively liable for the
consequence of your actions (including any loss or damage which
HealthifyMe may suffer). HealthifyMe exercises no control over the
content posted on the Website/ App using the Services. Your use of
the content accessed or displayed using the Services is entirely
at your own risk.
A search using the Services may produce results and links to sites
and content that you may find objectionable, inappropriate, or
offensive and we accept no liability of responsibility for any
such content. It is also possible that your use of the Services
will return to you information regarding products, merchants and
links to websites of third parties selling the product information
requested by you. HealthifyMe hereby disclaims any and all
responsibility and liability associated with the same.
You acknowledge and agree that HealthifyMe is not liable for any
loss or damage which may be incurred by you as a result of the
availability of such external sites or resources, or as a result
of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or
available from, such web sites or resources.
You shall be responsible for monitoring your content, documents
and other data and shall be liable to us for ensuring that the
content transferred to or handled by or within Services does not
infringe any third party rights. You warrant that you possess such
necessary licenses as may be required in order to process your
content or use the Services.
You understand that the technical processing and transmission of
the Services, including your Content, may be transferred
unencrypted and involve: (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You hereby acknowledge and understand that as a part of selling
products on the Marketplace, various vendors may post images,
descriptions and other content. We as HealthifyMe are independent
aggregators of these vendors and will have no liability in
relation to such content posted by the said vendors, including
without limitation, in terms of the authenticity or reliability of
such content, in any manner whatsoever.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service or of
vendors on the Marketplace, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between You and such advertiser or vendor. You agree that,
save as set out herein, HealthifyMe shall not be responsible or
liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers or the vendors on the Services/the Marketplace.
The Services may provide, or third parties may provide, links to
other web sites or resources. Given that we have no control over
such sites and resources, you acknowledge and agree that we are
not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable
for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge
and agree that we shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or
You agree that your use of the Website/App/Marketplace and the
Services shall be at your sole risk. You expressly understand and
agree that, to the maximum extent permitted by applicable law, the
Website/App/Marketplace and the Services are provided on an “as
is” and “as available” basis for your use, without warranties of
any kind, express or implied, including without limitation the
warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and those arising from course of dealing
or usage of trade. HealthifyMe shall use all reasonable endeavors
to ensure that the Services are uninterrupted but it does not
guarantee or warrant that: (i) the Services will meet your
specific requirements; (ii) the Services will be uninterrupted,
timely, secure, or error-free; (iii) the results that may be
obtained from the use of the Services will be accurate or
reliable; and (iv) the quality of any Products, services,
information, or other material purchased or obtained by you
through the Services will meet your expectations; and (v) any
errors in the Services will be corrected.
If you are older than 35 (thirty five) years of age, or if you
have not been physically active for more than 1 (one) year, or if
you have any medical history that may put you at risk, including,
without limitation, one or more the following conditions, you are
required to seek approval from a qualified health care
practitioner prior to using the Services:
- heart disease;
- high blood pressure;
- family history of high blood pressure or heart disease;
- chest pain caused by previous exercise;
dizziness or loss of consciousness caused by previous
- bone or joint problems;
- diabetes, high cholesterol, obesity; or
You should discontinue exercise in cases where it causes pain or
severe discomfort, and should consult a medical expert prior to
returning to exercise in such cases. We reserve the right to deny
you access to the Services for any reason or no reason, including
if we determine, in our sole discretion, that you have certain
The content of the Website/App/Marketplace, including without
limitation, text, copy, audio, video, photographs, illustrations,
graphics and other visuals, is for informational purposes only and
does not constitute/substitute professional medical advice,
diagnosis, treatment or recommendations of any kind. You should
always seek the advice of your qualified heath care professionals
with any Questions or concerns you may have regarding your
individual needs and any medical conditions. You agree that you
will not under any circumstances disregard any professional
medical advice or delay in seeking such advice in reliance on any
content provided on or through the Website/App/Marketplace.
Reliance on any such content is solely at your own risk.
The content provided on or through this Website/ App regarding
drug or dietary supplements or products for sale on the
Marketplace have not been evaluated or approved by any regulatory
authority including the Drug Controller of India.
CONTENT LICENSE FROM YOU
Some areas of the Services may allow Users to post news, feedback,
comments, Questions, data, documents, pictures and other
information (“User Content”). You are solely
responsible for your User Content that you upload, publish,
display, link to or otherwise make available (hereinafter,
“Post”) on the Website/App/Marketplace, and you
agree that we are only acting as a passive conduit for your online
distribution and publication of your User Content. HealthifyMe
will not review, distribute, or reference any such User Content
required by law.
By Posting any User Content on the Website/App/Marketplace, you
expressly grant, and you represent and warrant that you have a
right to grant, to HealthifyMe a royalty-free, sub-licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide
license to use, reproduce, modify, publish, list information
regarding, edit, translate, distribute, publicly perform, publicly
display, and make derivative works of all such User Content and
your name, voice, and/or likeness as contained in your User
Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in
connection with the Service. You also hereby grant each User of
the Service a non-exclusive license to access your User Content
through the Services, and to use, reproduce, distribute, display
and perform such User Content as permitted through the
functionality of the Website/App/Marketplace and under this
You understand that HealthifyMe, in performing the required
technical steps to provide the Services to our users, may: (a)
transmit or distribute your Content over various public networks
and in various media; and (b) make such changes to your Content as
are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media.
You agree that this license shall permit HealthifyMe to take these
You are solely responsible for your contributions to any online
forum HealthifyMe may offer through or as part of the Services
(“Community Participation”), such as and without
limitation, responses to blog postings, bulletin board postings,
and other contributions to online discussions. By submitting to
Community Participation you: (a) represent to HealthifyMe, in each
instance, that you either own or have the right to display or
transmit each and every element of your Community Participation,
and that your submission will not violate the legal rights or
interests of any person or entity; and (b) grant to HealthifyMe a
perpetual, irrevocable, royalty free license to use your Community
Participation, in each instance, as a whole or in any part, for
any business purpose, including without limitation, promotional,
marketing and training purposes.
You confirm and warrant to HealthifyMe that you have all the
rights, power and authority necessary to grant the above license.
BILLING AND PAYMENT
Certain aspects of the Services may be provided for a fee or other
charge. If you elect to use paid aspects of the Services, you
agree to the terms of sale, pricing, payment and billing policies
applicable to such fees and charges. HealthifyMe may add new
services for additional fees and charges, or amend fees and
charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide HealthifyMe with any
contact or billing information changes or updates (including phone
number, email address, credit card numbers, etc.). HealthifyMe
does not validate all credit card information required by the
Customer's payment provider to secure payment.
Should you choose to upgrade any of the Services provided, through
in-app purchases, payment will be charged to your credit/debit
card and net banking through your iTunes account or Google Play
Billing account at confirmation of purchase. Subscription renews
automatically unless cancelled at least 24 (twenty four) hours
prior to the end of the subscription period. Please note all
in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per
transaction shall be subject to additional factor authentication
as mandated by the Reserve Bank of India.
You must notify HealthifyMe about any billing problems or
discrepancies within 30 (thirty) days after charges first appear
on their account statement. If it is not brought to HealthifyMe’s
attention within 30 (thirty) days, You agree to waive your right
to dispute such problems or discrepancies.
In respect of purchases made on the Marketplace, you hereby
acknowledge and agree that no refund requests will be entertained
in any manner whatsoever and no refunds will be initiated
INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless HealthifyMe, its
officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs
or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Service and
Website/ App/Marketplace; (ii) your violation of any term of this
Agreement; (iii) your violation of any third party right,
including without limitation, any copyright, property, or privacy
right; or (iv) any claim that your User Content caused damage to a
third party. This defense and indemnification obligation will
survive this Agreement and your use of the Service and
The material displayed on our Website or App/Marketplace is
provided without any guarantees, conditions or warranties as to
its accuracy. To the extent permitted by law, we, our Subsidiaries
and Affiliates and third parties connected to us hereby expressly
conditions, warranties and other terms, which might otherwise
be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss
or damage incurred by any user in connection with the
Services, our Website/ App/Marketplace or in connection with
the use, inability to use, or results of the use of the
Services or our Website/ App/Marketplace, any websites linked
to it and any materials posted on it, including, without
limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising
and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable or advised
of the possibility of the same.
Our liability to you shall under all circumstances be limited to a
maximum of the amount paid by you (if any) at the time of
registration on our Website/ App to use the Services and/or the
purchase price paid by you for Products in the Marketplace.
You must not misuse our Website/App/Marketplace by knowingly
introducing viruses, trojans, worms, logic bombs, time bombs,
cancel bots, spyware or other material, computer programming
routines, codes, files or such other programs which are malicious
or technologically harmful, or limit the interests of rights of
other users or limit the functionality of any computer software,
hardware or telecommunications. You must not attempt to gain
unauthorized access to our Website/ App/Marketplace, the server on
which our Website/ App/Marketplace is stored or any server,
computer or database connected to our site. You must not attack
our Website/ App/Marketplace via a denial-of-service attack or a
distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence
under the Information Technology Act, 2000 (and any amendments).
We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach,
your right to use our Website/ App/Marketplace will cease
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material
due to your use of our Website/ App/Marketplace or to your
downloading of any material posted on it, or on any
Website/App/Marketplace linked to it.
LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is
fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link from any
website that is not owned by you.
Our Website/ App/Marketplace must not be framed on any other site,
nor may you create a link to any part of our site other than the
home page. We reserve the right to withdraw linking permission
without notice. The Website/App/Marketplace from which you are
linking must comply in all respects with the content standards set
out in these terms and conditions.
These linked sites are under no way in control of HealthifyMe and
we shall not be held responsible for the contents of any linked
sites, including without limitation to any link contained in the
linked site or any changes or updates to linked site. We shall not
be held responsible for any transmission whatsoever received by
you from any linked site. The Website/ App provides links to you
only as a convenience and the inclusion of any link does not imply
endorsement by us or any association with its operators or owners.
You are requested to verify the accuracy of all information on
your own before relying on such information.
If you wish to make any use of material on our Website/ App other
than that set out above, please address your request to:
ADDITIONAL TERMS FOR THE MOBILE APP
You are granted a limited, non-sub-licensable right to access the
Mobile App, Desktop App, the Services and Data for the purpose of
enabling you or other users to access the Website or the App or
the Marketplace and/or the Services via third party software or
website. Any use of the Mobile App, Desktop App, is bound by the
terms of this agreement plus the following specific terms:
You agree that you are solely responsible for (and that we
have no responsibility or liability to you or to any third
party for) any services and/or products you provide through
any third party software;
You expressly understand and agree that we shall not be liable
for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible
losses (even if we has been advised of the possibility of such
damages), resulting from your use of the Mobile App and
You will not use the Mobile App or the Desktop App to create
software that sends unsolicited communications (whether
commercial or otherwise) to any third party;
We reserve the right at any time to modify or discontinue,
temporarily or permanently the Desktop App and Mobile App by
providing a notice of 48 (forty eight) hours with or without
Abuse or excessively frequent requests to the Services via the
Desktop App and Mobile App may result in the temporary or
permanent suspension of your account’s access. We, in our sole
discretion, will determine abuse or excessive usage;
We reserve the right at any time to modify or discontinue,
temporarily or permanently, your access to the Mobile App and
the Desktop App by providing a notice of 48 (forty eight)
We may make available software to access the Service via the
App using a mobile device. HealthifyMe does not warrant that
the App will be compatible with your mobile device.
HealthifyMe hereby grants you a non-exclusive,
non-transferable, revocable license to use a compiled code
copy of the App for one Member account on one mobile device
owned or leased solely by you, for your personal use. You may
not: (i) modify, disassemble, decompile or reverse engineer
the App, except to the extent that such restriction is
expressly prohibited by law; (ii) rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the App to any
third party or use the App to provide time sharing or similar
services for any third party; (iii) make any copies of the
App; (iv) remove, circumvent, disable, damage or otherwise
interfere with security-related features of the App, features
that prevent or restrict use or copying of any content
accessible through the App, or features that enforce
limitations on use of the App; or (v) delete the copyright and
other proprietary rights notices on the App. You acknowledge
that HealthifyMe may from time to time issue upgraded versions
of the App, and may automatically electronically upgrade the
version of the App that you are using on your mobile device.
You consent to such automatic upgrading on your mobile device,
and agree that the terms and conditions of this Agreement will
apply to all such upgrades. Any third-party code that may be
incorporated in the App is covered by the applicable open
source or third party license EULA, if any, authorizing use of
such code. The foregoing license grant is not a sale of the
App or any copy thereof, and HealthifyMe or its third party
partners or suppliers retain all right, title, and interest in
the App (and any copy thereof). Any attempt by you to transfer
any of the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void. HealthifyMe
reserves all rights not expressly granted under this
We have implemented commercially reasonable technical and
organizational measures designed to secure your personal
information and User Content from accidental loss and from
unauthorized access, use, alteration or disclosure. However, we
cannot guarantee that unauthorized third parties will never be
able to defeat those measures or use your personal information and
User Content for improper purposes. You acknowledge that you
provide your personal information at your own risk.
OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE
All right, title and interest in usage of the terms
HealthifyMe.com, HealthifyMe including but not limited to all
texts, graphics, user interfaces, visual interfaces, computer code
and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding
your Content) are and will remain the exclusive property of
HealthifyMe Wellness Products and Services Private Limited and its
licensors. Any use of this Website/ App or its contents, including
copying or storing it or them in whole or part, other than for
your own personal, non-commercial use is prohibited without the
permission of HealthifyMe Wellness Products and Services Private
HealthifyMe and no content or marks, data, statistics, independent
research conducted and posted by HealthifyMe may be copied
reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, or distributed in any way
including (“mirroring”) to any other computer, server, website, or
other medium for publication or distribution of any for any
commercial enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that the
HealthifyMe does not transfer/assign the title to the Website/App
to you, and nothing in these terms and conditions shall imply or
be deemed or construed to mean that any right, title and interest
(including but not limited to intellectual property rights) stands
transferred/assigned to you by HealthifyMe, we retain the full and
complete right, title and interest to the Website/App, and all
intellectual property, title and interest to the Website/App, and
all intellectual rights therein. You may not redistribute, sell,
decompile, reverse engineer, dissemble, or otherwise reduce the
Website/App in any manner which is contrary to this Agreement.
Any usage of HealthifyMe’s contents, without the written
authorization of HealthifyMe, shall be considered a breach of this
Agreement, and you shall be required indemnify HealthifyMe for all
liability incurred in this regard.
The jurisdictional court of Haryana shall have sole jurisdiction
over any claim arising from, or related to, a visit to / use of
the Website/ App/Marketplace or the Services, although we retain
the right to bring proceedings against you for breach of any of
these terms and conditions in your country of residence, country
of use or other relevant country. The laws of India govern this
Agreement and these terms and conditions of use of the Services.
HealthifyMe accepts no liability whatsoever, direct or indirect,
for noncompliance with the laws of any country other than that of
India, the mere fact that Website/ App/Marketplace can be accessed
or used or any facility can be availed of in a country other than
India will not imply that we accede to the laws of such country.
RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
the associated mobile application, HealthifyMe, is registered and
owned by Healthifyme Wellness Products and Services Private
Limited, and usage of this Website/App and affiliated links is
FAQ on how customers can protect themselves shopping online.
Question: Is it necessary to have an account to purchase products
You can avail the services of HealthifyMe through a simple registration
process. The details provided during registration are protected under
Question: How do I pay?
HealthifyMe offers you multiple payment methods, through trusted payment
gateway partners. Our payment gateway partners use secure encryption
technology to keep your transaction details confidential at all times.
You may use cash to make your purchase. HealthifyMe also accepts
payments made using Visa, MasterCard, Maestro and American Express
credit/debit cards in India.
Question: Are there any hidden charges (Octroi or Sales Tax) when I
make a payment?
There are no hidden charges when you make payments on HealthifyMe. The
prices listed for all the services are final and all-inclusive. The
price you see on the webpage is exactly what you pay.
Question: How do I pay using a credit/debit card?
We accept payments made by credit/debit cards issued in India.
We accept payments made using Visa, Master and American Express credit
cards. To pay using your credit card, you will need your card number,
expiry date, three-digit CVV number (found on the backside of your
card). After entering these details, you will be redirected to the
bank's page for entering the online 3D Secure password.
We accept payments made using Visa, Master and American Express debit
cards. To pay using your debit card at checkout, you will need your card
number, expiry date (optional for Maestro cards), three-digit CVV number
(optional for Maestro cards). You will then be redirected to your bank's
secure page for entering your online password (issued by your bank) to
complete the payment.
Question: Is it safe to use my credit/debit card on
Your online transaction is secure with the highest levels of transaction
security currently available on the Internet. HealthifyMe uses
encryption technology to protect your card information while securely
transmitting it to the respective banks for payment processing.
All credit card and debit card payments on HealthifyMe are processed
through secure and trusted payment gateways managed by leading banks.
Banks now use the 3D Secure password service for online transactions,
providing an additional layer of security through identity
Question: What steps does HealthifyMe take to prevent card
HealthifyMe realizes the importance of a strong fraud detection and
resolution capability. We and our online payments partners monitor
transactions continuously for suspicious activity and flag potentially
fraudulent transactions for manual verification by our team.
In the extremely rare instances when our team is unable to rule out the
possibility of fraud categorically, the transaction is kept on hold, and
the customer is requested to provide identity documents. The ID
documents help us ensure that the payment is being made by a genuine
card holder. We apologize for any inconvenience that may be caused to
customers and request them to bear with us in the larger interest of
ensuring a safe and secure environment for online transactions.
We urge our customers to diligently protect against any fraudulent use
of their card. HealthifyMe would not be held responsible for any
unauthorized usage of your cards.
Question: What is a 3D Secure password?
A 3D Secure password adds an additional layer of security through
identity verification for your online credit/debit card transactions.
This password, which is created by you, is known only to you and ensures
that only you can use your card for online purchases.
Question: Can I use my bank's Internet Banking feature to make a
Yes. HealthifyMe offers you the convenience of using your bank’s
Internet Banking service to make a payment towards your order. With this
you can directly transfer funds from your bank account, while conducting
a highly secure transaction.
We accept payment through Net Banking for the following banks:
AXIS Bank, Airtel Payments Bank, Andhra Bank, Bank of India, Bank of
Maharashtra, Canara Bank, Catholic Syrian Bank, Central Bank of India,
City Union Bank, Corporation Bank, Cosmos Bank, DCB bank, Dena Bank,
Deutsche Bank, Dhanlaxmi Bank, Federal Bank, HDFC bank, ICICI Net
Banking, IDBI Bank, IDFC Net banking, Indian Bank, Indian Overseas Bank,
Induslnd Bank, Jammu and Kashmir Bank, Janata Sahakari Bank Pune,
Karnataka bank, Karur Vysya – Corporate Net banking, Karur Vysa – Retail
Net Banking, Kotak Mahindra Bank, Lakshmi Vilas Bank – Corporate Net
banking, Lakshmi Vilas Bank – Retail Net banking, Oriental Bank of
Commerce, Punjab and Maharashtra Co-operative Bank Limited, Punjab and
Sind Bank, Punjab National Bank – Retail Banking, Saraswat Bank, Shamrao
Vithal Co-operative Bank Ltd, South Indian Bank, State bank of India,
Syndicate Bank, Tamilnad Mercantile Bank, The Bharat Co-op. Bank Ltd,
The Nainital Bank, UCO bank, Union Bank – Corporate Net banking, Union
Bank – Retail Net Banking, United Bank of India, Vijaya Bank, Yes Bank.
Question: Can I make a credit/debit card or Internet Banking payment
on HealthifyMe through my mobile?
Yes, you can make credit card payments through the HealthifyMe mobile
site and App. HealthifyMe uses encryption technology to protect your
card information while securely transmitting it to the secure and
trusted payment gateways managed by leading banks.
Question: My transaction failed but the money was deducted from my
account. What do I do?
Please contact us at +918867480364, within 24 hours of such deduction of
money from your account, and we will contact our payment partner and
refer the matter to them immediately.
END USER LICENCE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AND
BINDING AGREEMENT BETWEEN YOU AND HEALTHIFYME WELLNESS PRODUCTS AND
SERVICES PRIVATE LIMITED ("COMPANY"). BY CLICKING ON
THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE
HEALTHIFYME APPLICATION (THE “APP”) ON YOUR CELLULAR MOBILE PHONE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON
THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I
AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.
YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND
CONTINUE WITH THE INSTALLATION.
Subject to the terms and conditions of this EULA, the Company
hereby grants you a limited, non-commercial, non-sub-licensable,
non-exclusive, non-transferable right to install and use the App
on one portable wireless device. You may not make the App
available over a network where it could be used on multiple
devices at the same time.
The term “App” includes any patches, revisions, updates, upgrades,
software, code, files, images and other embedded software or
replacements of the App (the “Revisions”) that
may be delivered to you or that you may receive or that may be
released by Company, unless other terms and conditions are
provided with the Revisions. If such terms and conditions are
provided, you will have to agree to those terms and conditions
before you are entitled to receive the Revisions. You also agree
that upon the installation of any Revisions, you are only
permitted to use the App as modified by the Revisions. You shall
not either directly or indirectly, or through any third party,
modify, adapt, translate, redistribute, rent, lend, network,
lease, loan, issue, resell, for profit, or create derivate works
based on the App and any portion thereof.
You acknowledge that by installing the App on your cellular mobile
phone, the App may aggregate, collect, retain or transmit to
secure servers personal information such as, but not limited to,
contact information, the serial number and IMEI number of your
wireless device or cellular mobile phone. You hereby consent to
the App collecting and storing such information on Company'
servers and to receive calls from us, from time to time regarding
updates of your progress from using the App and promotional
information or offers in connection with the Services provided
under the App.
RESTRICTIONS ON USE
The following restrictions shall apply to your use of the App and
the license granted herein:
You hereby acknowledge and agree to use the App as permitted
in this Agreement;
- You shall not copy or reproduce any portion of the App;
You shall only use the App for your own personal,
You shall not distribute, share, transfer, sell, lease or rent
the App or any part of it to any other person;
You shall not change, alter, modify or create derivative
works, enhancements, extensions or add-ons to the App or any
part of it;
You shall not remove, alter or obscure any proprietary notice
(including any notice of copyright or trademark) of the
Company or its affiliates, partners, suppliers, or the
licensors of the App;
You shall not use the App for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not
designed or intended;
You shall not use any electronic communication feature of the
App for any purpose that is unlawful, tortious, abusive,
intrusive on another’s privacy, harassing, libelous,
defamatory, embarrassing, obscene, threatening, or hateful.
You shall not use any proprietary information or interfaces of
the Company or other intellectual property of the Company in
the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for
use with the App;
You will not collect or store personal information about other
You shall not decompile, reverse engineer or disassemble the
App or any part of it either in whole or any portion of any
component, thereof and in anyway create, develop or derive,
including without limitation to any operational, technical,
programming technique/sequence, feature, interface, algorithm,
video, audio, imagining, graphics, applets, texts, animations,
routine or conditions from the App; and
Violate any applicable laws, rules or regulations in
connection with your access or use of the App;
You will at all times comply with, and will not circumvent or
attempt to circumvent, any of the restrictions on use set
forth anywhere in this EULA.
You acknowledge that applicable network/data charges may be
incurred through your use of the App and you agree that you are
responsible for any and all such charges that may be charged to
you and that Company shall have no liability to you whatsoever in
respect of such charges. You also agree that the charges incurred
through your use of the App are dependent on your agreement with
your service provider and that Company has absolutely no liability
to you in respect of such charges. You agree that use of the App
whilst outside your home circle might incur additional roaming
charges and agree to be solely liable for such charges. Company
has no liability to you in respect of such charges.
INTELLECTUAL PROPERTY RIGHTS
The App may features trademarks, logos, service marks, product
names and designations, by making these trademarks available
through the App and in content, the Company is not selling you the
App to use it in any manner, and you are not granted any rights
under any of Company’s intellectual property rights.
This EULA does not grant you any rights to trademarks, copyrights
or patents of the Licensor.
Any unauthorized copying, displaying, selling or distributing or
other use of any content or App is a violation of the law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND
USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT
PROVIDED THROUGH THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS”
AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY
AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED
REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND
SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE
WITH RESPECT TO THE APP AND CONTENT OR THOSE ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT
WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT
WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT
INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS
INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR
REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE
GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION
WITH RESPECT TO THE APP OR OTHERWISE.
THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY
SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY
USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO
ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION,
THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR
DISCREPANCIES WILL BE CORRECTED.
THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN
NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT
MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR
ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE
PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND
ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO
STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS
INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT
RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE
SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE
DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR
REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS
NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE
COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON
ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE
COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT
NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF
THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY
MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL
PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO,
THIS AGREEMENT OR YOUR USE OF THE APP (SUCH DAMAGES INCLUDE, BUT
ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION,
SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF
REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR THE CELLULAR
MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE
You shall defend and hold Company harmless from and against any
and all liabilities, damages, costs, expenses or losses arising
out of your improper or unauthorized use of the App, your
negligent or wrongful acts, your violation of any applicable laws
or regulations, and/or your breach of any provision of this EULA.
EVALUATION TERM & TERMINATION
Any license not purchased for the full license fee and any trial
version, are provided for a limited duration and for the limited
purpose expressly communicated to you in connection with the App.
At the end of the evaluation/trial period, you will cease use of
the App, remove the App from your cellular mobile device and
destroy all copies of the App. Failure to remove the App shall be
a breach of this EULA.
You agree that the App may automatically disable itself at the end
of the evaluation/trial period and consent to such disabling
feature. You also agree that Company may send you reminders to
purchase a permanent license key, whether during or after the
You agree that any evaluation/trial version is not full-featured
and the use of certain features of the App may be disabled or
limited in any manner deemed appropriate. You may activate all
features of the App by purchasing a license key as communicated to
Without prejudice to any other rights, Company may terminate this
EULA if you fail to comply with or breach the terms and conditions
of this EULA or for any other reason upon delivery of notice,
unless such breach, where capable of cure, is cured by you
immediately upon receipt of a notice of such breach from the
Company. In such event, you must cease use of the App and destroy
all copies of the App and all of its component parts and
associated documents. You agree that Company may remotely disable
the App in the event of termination under this section.
This EULA constitutes the entire agreement between you and Company
relating to the App and supersedes all prior or contemporaneous
oral or written communications including but not limited to any
terms and conditions of purchase, proposals and representations
with respect to the App or any other subject matter covered by
this EULA. The headings in this agreement are for convenience and
reference only and do not affect the interpretation of this EULA.
The provisions of the terms of service set out above and privacy
policy set out below shall be read together with this EULA and are
deemed to be an integral part of this EULA. While this EULA
governs your use of the App, the terms of service and privacy
policy govern your access and use of the services offered on the
HealthifyMe website and the HealthifyMe App.
If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, by a court of competent jurisdiction
then other provisions shall continue in full force and effect.
Such invalid or unenforceable provision(s) shall be replaced by
(a) valid and enforceable one(s) which achieve(s) to the extent
possible the original purpose of the invalid provision(s).
The laws of the republic of India govern this EULA. All disputes
are subject to the jurisdiction of the courts in Haryana and you
submit to such jurisdiction.
You may cancel your Member Account at any time within 90 (ninety)
days from the date of subscription of the Healthifyme Plan. In the
event that you cancel your Member Account or the same is suspended
or terminated by HealthifyMe within the aforesaid period, we shall
refund any license or subscription fees as below:
Refund request in first 30 days - 100% (One hundred percent)
refund of any license or subscription fees;
Refund Request in 31-60 days -50% (fifty percent) refund of
any license or subscription fees; and
Refund Request in 61-90 days - 25% (twenty five percent)
refund of any license or subscription fees.
Please note that the above charges will be adjusted after
deducting a processing fee of Rs.750/-(Rupees Seven hundred and
fifty) for India or $20 (United States Dollars twenty) for
locations outside India (including Taxes and bank charges, if
any). The refund shall be processed in the manner/mode which is
used to subscribe the Healthifyme Plan within 30 (thirty) days
from the date of cancellation.
If you have purchased a HealthifyMe Smart Plan, you will not be
eligible for a refund from HealthifyMe. Refunds will be made
directly by Google Play and iTunes only when a subscription is
cancelled on the Google Play Store or iTunes within 24 hours from
subscription start time (THIS IS APPLICABLE ONLY TO RENEWALS).
For the avoidance of doubt, it is hereby clarified that there
shall be no refunds or cancellations entertained or initiated in
respect of Product purchases made by Users on the Marketplace (as
In accordance with Information Technology Act 2000 and rules made
there under, the name and contact details of the Grievance Officer
are provided below:
In the event of any complaints or concerns with respect to the
website or our services, please contact our Grievance Redressal
Officer Mr. Sachin Shenoy at:
or +91 96635 69495.
January 05, 2019. We may occasionally make changes to the Policy. If we
do, we shall notify either by sending you an e-mail or sending you a
notification through our mobile application (“App”).
Please make sure to read such notices carefully.
We hold the sincere belief that you should always know what data we
collect from you, the purposes for which such data is used, and that you
should have the ability to make informed decisions about what data you
want to share with us.
This is why we want to be fully transparent about: (i) how and why we
collect, store, share and use your personal data through the various
capacities in which you interact with us; and (ii) the rights that you
have to determine the parameters of this interaction.
While we would strongly advise you to read the Policy in full, the
following summary will give you a snapshot of the salient points covered
This Policy details the critical aspects governing your personal data
relationship with ‘HealthifyMe’ which is owned and operated by
Healthifyme Wellness Private Limited, a company incorporated under the
laws of India, and having its registered office at No. 30, 80 Feet
Road, HAL 3rd Stage, Indiranagar, Bangalore- 560 075,
Your personal data relationship with HealthifyMe varies based on the
capacity in which you interact with us/avail of our products and
services (“Services”). You could be: (i) a visitor to
(“Website”) or any pages thereof
(“Visitor”); or (ii) a person who has an account with
HealthifyMe to avail our Services (“Registered
Based on whether you are a Visitor or Registered User, the type of
data we collect and the purpose for which we use it will differ and
this Policy details such variations;
This Policy applies to all the Services provided by HealthifyMe
through the Website, App or any other associated website of
This Policy is a part of and should be read in conjunction with our
Terms of Service; and
This Policy will clarify the rights available to you vis-à-vis the
personal data you share with us.
If you have any queries or concerns with this Policy, please contact our
Grievance Officer. If you do not agree with the Policy, we would advise
you to not visit/use the Website or the App.
1. INFORMATION WE COLLECT AND HOW WE USE IT
|TYPE OF USER
|WHAT DATA WE MAY COLLECT
- Your IP Address;
- Your location;
How you behave on the Website, (what pages you land on, how
much time you spend, etc.);
What device you use to access the Website and its details
(model, operating system, etc.); and
- Cookies and web beacon data.
Your name, age, gender, phone number, e-mail address, mailing
- Your height, weight;
Your lifestyle, food preferences, medical conditions (if any),
health goals or other fitness regimes;
- Your ethnicity, genetics, health or sexual orientation;
- Username or other relevant unique identifier;
How you behave on the Website, (what pages you land on, how
much time you spend, etc.);
Credit card/debit card/other payment mode information to
facilitate payments for our Services;
- Your IP Address;
Your location unless you deactivate location services in the
relevant section of the Website/App;
How you behave in the relevant product environment and use the
What device you use to access the Website/App and its details
(model, operating system, etc.); and
- Cookies and web beacon data.
|HOW AND WHY WE USE IT
We use this information to analyse and identify your behaviour
and enhance the interactions you have with the Website.
If you submit your details and give us your consent, we may use
your data to send you e-mails/newsletters, re-target HealthifyMe
advertisements or re-market our Services using services from
third-parties like Facebook and Google.
We collect this data in order to help you register for and
facilitate provision of our Services.
We use this data to show age appropriate content and
We use this data to track your nutrition, weight and fitness
We use the data from the device you access our Website/App to
identify the login information of multiple users from the same
We use this data to prepare a specific diet plan and training
regime for you.
We use this data to enable you to make payments for our
Services. We use a third-party service provider to manage
payment processing. This service provider is not permitted to
store, retain, or use information you provide except for the
sole purpose of payment processing on our behalf
We use this data for processing your requests, enquiries and
complaints, customer services and related activities.
We use this data to communicate about existing or new offers,
content, advertisements, surveys, key policies or other
We also use this data to provide you with informative features
and services that are developed by us from time to time.
We also use this data for providing, testing, improving, or
recommending the Services.
We also use this data for analytics and reviews to improve the
We also use this data to provide support to law enforcement
agencies or in connection with an investigation on matters
related to public safety, as permitted by law or anti-fraud
If you give us your consent, we may send you newsletters and
emails to market other products and services we may provide.
SPECIAL CATEGORIES OF PERSONAL DATA
We may collect and process ‘special categories of personal data’ such as
ethnic origin, genetics, health or sexual orientation, which are
considered sensitive. We use this special category of personal data, for
example to provide specialized diet plan and exercise routines. We
require your explicit consent to collect and process special categories
of personal data. You may refuse or revoke your consent at any time,
please see the section about 'Your Rights & Preferences As A Data
Subject In The EU' below. A limited number of our personnel will have
access to special categories of personal data provided by you.
WHAT ARE THE COOKIES AND WEB BEACONS REFERRED TO ABOVE?
|TYPE OF FILE
|WHAT THEY DO
Cookies are text files which are sent from our server and
downloaded to your device when you visit our Website.
They are useful because they allow us to recognize your device
when you return. You can disable them through your browser
should you so wish.
Registered Users/Visitors and to record the number of visits to
You can find more information about cookies at:
Web beacon (also known as Clear GIF, Web Bugs or Pixel Tag) is a
tiny picture file embedded on the Website/App that tracks your
behaviour and navigation. It is similar to a cookie in what it
does, but it does not get downloaded on to your device.
We use web beacons to manage cookies, record visits, and to
learn marketing metrics. We also use web beacons to track and
monitor email opening rates as well as link clicks.
You can find more information about web beacons at:
WHAT THEY WON’T DO
Contain any executable software, malicious code or virus.
Usually, browsers have default setting to accept cookies until you
change your browser settings. You can choose to reject and remove
cookies from our Website by changing your browser settings. If you
reject or remove our cookies, it could affect how our Website works.
FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE
ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE
ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS
OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW.
2. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN THE EU
It might have come to your attention that a new law was passed in the
European Union (EU) called the General Data Protection Regulation
(GDPR). The GDPR gives certain rights to individuals who are EU data
subjects, in relation to their personal data.
Subject to the GDPR and applicable law’s limitations, the rights
afforded to you if you are an EU data subject are:
RIGHT TO BE INFORMED
You have a right to be informed about the manner in which any of
your personal data is collected or used which we have
endeavoured to do by way of this Policy.
RIGHT OF ACCESS
You have a right to access the personal data you have provided
by requesting us to provide you with the same.
RIGHT TO RECTIFICATION
You have a right to request us to amend or update your personal
data if it is inaccurate or incomplete.
RIGHT TO ERASURE
You have a right to request us to delete your personal data.
RIGHT TO RESTRICT
You have a right to request us to temporarily or permanently
stop processing all or some of your personal data.
RIGHT TO OBJECT
You have a right, at any time, to object to our processing of
your personal data under certain circumstances. You have an
absolute right to object to us processing your personal data for
the purposes of direct marketing.
RIGHT TO DATA PORTABILITY
You have a right to request us to provide you with a copy of
your personal data in electronic format and you can transmit
that personal data for using another third-party’s
RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING
You have a right to not be subject to a decision based solely on
automated decision making, including profiling.
In case you want to exercise the rights set out above you can contact
our Grievance Officer whose details are set out in Section 13 below.
The data provided by you as a Visitor, or when you sign up as a
Registered User for our Services will be processed by us for the purpose
of rendering Services to you or in order to take steps prior to
rendering such Services, at your request. Where such data is not being
used by us to render Services to you, we shall explicitly seek your
consent for using the same. You can choose to withdraw this consent at
any time by writing to us at
Additionally, we may process your data to serve legitimate interests.
Accordingly, the grounds on which we can engage in processing are as
|NATURE OF DATA
- Performance of a Contract; and
- Legitimate Interest.
|Account Registration Data
- Performance of a Contract; and
- Legitimate Interest.
|Special Categories of Personal Data
- Consent; and
- Performance of a Contract.
- Legitimate Interest; and
- Performance of a Contract; and
- Compliance with applicable laws.
|Service Usage Data
- Performance of a Contract; and
- Legitimate Interest.
|Data for Marketing our Services
- Consent; and
- Legitimate Interest.
If you believe we have used your personal data in violation of the
rights above or have not responded to your objections, you may lodge a
complaint with your local supervisory authority.
3. PUBLISHED CONTENT
Any success stories, comments, messages, blogs, scribbles etc. posted/
uploaded/ conveyed/ communicated by you on the public sections of the
Website/App becomes published content. We may publish such published
content on our Website/App so long as you consent. You may request that
such published content be taken down at any time and we shall remove
such published content. However, we are not responsible for any actions
taken by third-parties with respect to such published content.
4. INFORMATION WE GET FROM OTHERS
We may receive data about you from other sources i.e., expert calls,
smart watch, surveys, and such data may be added to our Website/App from
time to time. Such data may include your behaviour towards various
content posted on our Website/App from other sources. We use the data
collected from other sources to prepare a specific diet plan and
training regime for you. We also use this data for providing, testing,
improving, or recommending the Services.
5. RETENTION OF PERSONAL INFORMATION
We will store any personal data we collect from you as long as it is
necessary in order to facilitate your use of the Services and for
ancillary legitimate and essential business purposes – these include,
without limitation, for improving our Services, attending to technical
issues, and dealing with disputes.
Your personal data will primarily be stored in electronic form. We may
enter into agreement with third parties to collect, store, process your
personal data but under full compliance with applicable laws. In the
event, you have any telephonic interactions with our customer
representatives, the call data is recorded and stored on the Amazon Web
Services (AWS) for training and quality purposes.
We may need to retain your personal data even if you seek deletion
thereof, if it is needed to comply with our legal obligations, resolve
disputes and enforce our agreements.
If you are a Registered User, please be advised that after you terminate
your usage of a Service, we may, unless legally prohibited, delete all
data provided or collected by you from our servers.
6. TRACKING BY OUR ADVERTISEMENT PARTNERS
Upon receiving your specific consent, we may share the data we collect
from cookies or web beacons with our advertisement partners to track
your visits, establish your non-personal identity and present you with
targeted advertisements about our Services.
7. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
As a business service, we neither knowingly collect or store nor use any
personal data of any individuals under the age of 13. We do not target
our Services towards individuals under the age of 13. Individuals under
the age of 13 should seek the consent of their parents before providing
any information about themselves, their parents, or other family members
on our Website/App.
8. TRANSFER OF INFORMATION
In the ordinary course of business, we may employ other companies and
people to assist us in providing certain components of our Services in
compliance with the provisions of this Policy. To do so, we may need to
share your data with them.
Where applicable – if the entities to which these transfers are effected
are not situated in countries deemed ‘adequate’ by the European
Commission or are not registered under the EU-US Privacy Shield
framework, we shall enter into appropriate Data Protection Addendums
with the transferee parties that comprehensively protect your data. We
shall also put in place industry-standard technical and organizational
measures (including robust data handling policies) to ensure that such
transfers are completed in accordance with applicable laws.
Some of the examples of where we may sub-contract processing activities
to third parties include—record keeping, data analysis, marketing
assistance, processing payments, and providing customer service.
9. THIRD PARTY LINKS
We may display links to third-party websites or applications on our
Website or App for advertising or providing you with relevant content.
We will not be responsible for such third-party websites or applications
if you choose to access them. If you provide any data to such
website/application, please ensure you read their policies given that
you will no longer be bound by this Policy in doing so.
We may receive data whenever you visit a third-party link through our
Website/App which includes the date and time of your visit to the
third-party website, the web address or URL, technical information about
the IP address, browser and the operating system you use and, if you are
logged into HealthifyMe, your username.
10. COMPELLED DISCLOSURE
In addition to the purposes set out in the Policy, we may disclose any
data we collected or processed from you if it is required:
under applicable law or to respond to a legal process, such as a
search warrant, court order, or subpoena;
to protect our safety, your safety or the safety of others or in the
legitimate interest of any party in the context of national security,
law enforcement, litigation, criminal investigation or to prevent
death or imminent bodily harm;
to investigate fraud, credit risk or violation of our Acceptable Use
in connection with legal proceedings brought against HealthifyMe, its
officers, employees, affiliates, customers or vendors;
to establish, exercise, protect, defend and enforce our legal rights;
when we do a business deal or negotiate a business deal, or our assets
are merged or acquired by the other business entity, or during
restructuring of business or re-organization, we may have to share
information provided by you with the other business entities.
10. SECURITY OF YOUR PERSONAL INFORMATION
We implement industry-standard technical and organizational measures by
using a variety of security technologies and procedures to help protect
your data from unauthorized access, use, loss, destruction or
disclosure. When we collect particularly sensitive data (such as a
credit card number or your geo-location), it is encrypted using
industry-standard cryptographic techniques including but not limited to
PBKDF2, AES256, TLS1.2 & SHA256.
The collection, storage, usage, and sharing of your data by the Company
shall be in compliance with the Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011 and other applicable laws.
Your password is your first line of defence once you set up a
HealthifyMe account, we recommend that you set a strong password which
you never share with anyone.
We have taken appropriate steps for the security and protection of all
our digital platforms including internal applications, however, we shall
not be responsible for any breach of security or the disclosure of
personal data for reasons outside our control, such as hacking, social
engineering, cyber terrorism, espionage by third parties, or any events
by way of force majeure such as sabotage, fire, flood, explosion, acts
of God, civil commotion, strikes or industrial action of any kind,
riots, insurrection, war or acts of government.
12. ACCESS, CORRECTION & DELETION
You may request access, correction or updation, and deletion of the data
may note that deletion of certain data or withdrawal of consent may lead
to cancellation of your registration with us or your access to our
Based on technical feasibility, we will provide you with access to all
your personal and sensitive personal data that we maintain about you. We
will perform verification before providing you access to this data.
You may opt out of our marketing emails by clicking on the ‘opt-out’
link provided in the emails. However, we may still send you
non-marketing emails about your accounts or any other transactions with
13. GRIEVANCE OFFICER
No. 30, 80 Feet Road, HAL 3rd Stage, Indiranagar,
Bangalore- 560 075, Karnataka, India
||+91 96635 69495