Disclaimer & Policy
This Agreement governs the use of the website and services provided by Diet Essencia (hereinafter referred to as “Company”). By accessing this website and utilizing our services, you agree to be bound
by the following Terms and Conditions, along with our Privacy Policy. These terms apply to all users, including but not limited to visitors, customers, merchants, vendors, and contributors of content.
By accessing the website, whether directly or via a hyperlink, and by purchasing services, you engage in our offerings and accept these Terms of Service. The Company reserves the right to modify, update, or change these terms at any time, and continued use of the website constitutes acceptance of any such revisions.
1) DEFINITIONS
- a) Company, Us, We: The Company refers to Diet Essencia, including all affiliated personnel and authorized representatives.
- b) You, User, Client: Any individual accessing the website or utilizing our services will be referred to as “User,” “Client,” or “You.”
- c) Parties: Collectively, the Company and the User are referred to as the “Parties.”
2) ACCEPTANCE OF TERMS
By using this website, you confirm that you have read, understood, and agreed to abide by these Terms of Service. If you do not accept these terms, please discontinue use of the website immediately. Your continued use of the website constitutes acknowledgment and agreement to be bound by these terms.
Additionally, for specific services, there may be supplementary terms that will form an additional agreement between the User and the Company.
3) ABOUT THE WEBSITE & SERVICES
The website provides access to services including but not limited to personalized diet consultations, customized meal plans, wellness programs, and lifestyle management solutions. We reserve the right to modify, refuse, or discontinue services at our sole discretion.
We do not pre-screen website users. You are responsible for ensuring safe interactions with other users and for using the website in compliance with all applicable laws and regulations.
4) WEBSITE USAGE LICENSE
The Company may provide you with specific content and resources (“Company Materials”) to assist in your use of the website and services. You are granted a non-exclusive, limited, non-transferable, and revocable license to use these materials solely for personal purposes related to the website and services.
Unauthorized usage, including reproducing, distributing, or collecting contact information of other users, is strictly prohibited. Any breach of this agreement may result in immediate termination of your access to the website.
5) INTELLECTUAL PROPERTY RIGHTS
All content, branding, trademarks, copyrights, and other intellectual property found on the website belong to Diet Essencia. You agree not to reproduce, distribute, or use our intellectual property for any unauthorized purpose. Any infringement of these rights may result in legal action.
6) COMMUNICATION
By using this Website, you acknowledge and accept these Terms. Your agreement signifies your intent to explore and purchase the Services offered and provides your consent to receive communications via phone or electronic methods, such as email, regarding products and services from the Website, its affiliates, and partners. Such communications may also include notices posted directly on the Website. You agree that these communications shall not be classified as spam or bulk messaging under any applicable laws.
7) ASSUMPTION OF RISK
The Website and Services are designed for informational and communication purposes only. You understand and agree that any content on this Website is not intended to provide medical, legal, or financial advice. No fiduciary relationship is established between you and the Website Owner. Any purchases made through the Website are at your own discretion and risk. The Owner holds no responsibility for any advice or information provided through the Website.
8) SALE OF PRODUCTS/SERVICES
The Owner may offer products or services for sale, either directly or through third-party providers. While the Owner strives to present accurate product descriptions and images, the accuracy or reliability of such information is not guaranteed. You acknowledge and accept that purchases are made at your own risk.
For product returns, reimbursements will be processed without unnecessary delays, and in any case, within:
- a) 30 days from the date we receive the returned goods;
- b) 30 days from the date you provide proof of return, if earlier; or
- c) 30 days from the date you notify us of your decision to cancel, if no goods were supplied.
Refunds will be processed using the original payment method unless agreed otherwise, and no additional fees will be applied.
9) SECURITY & REVERSE ENGINEERING
- a) Attempt to reverse engineer, decompile, or disassemble any software or code used on the Website or within its Services.
- b) Breach the security of the Website by means of unauthorized access, hacking, bypassing security measures, data mining, or disrupting network services.
10) DATA PROTECTION
The Owner is not responsible for the security of your account or any data you upload. Your use of the Website is at your own risk.
11) INDEMNIFICATION
You agree to indemnify and hold harmless the Owner and its affiliates against any legal claims, liabilities, or expenses, including reasonable attorney fees, that arise from your misuse of the Website, violation of these Terms, or any other improper actions. The Owner reserves the right to choose legal representation and participate in its defense.
12) SPAM POLICY
The Website strictly prohibits spam activities, including collecting email addresses or personal information for unauthorized purposes or distributing mass unsolicited emails.
13) THIRD-PARTY LINKS & CONTENT
The Website may contain links to third-party services. The Owner is not liable for any losses or damages that may result from using external links or third-party content.
14) CHANGES TO TERMS
The Owner reserves the right to modify these Terms at any time without prior notice. All changes take effect immediately upon being posted on the Website. Modified Terms will supersede previous versions unless explicitly stated otherwise.
- a) If any provision of these Terms is deemed invalid or unenforceable, the previous valid version shall remain in effect.
- b) You agree to routinely review these Terms and acknowledge updates by checking the Effective Date. Clearing your cache will ensure access to the latest version.
- c) Failure to review modifications does not exempt you from compliance with the revised Terms.
15) COMPLETE AGREEMENT
These Terms represent the full agreement between the Parties regarding Website usage and replace any prior agreements, whether written or verbal.
16) SERVICE DISRUPTIONS
Diet Essencia reserves the right to temporarily suspend access to the Website for maintenance, system updates, or emergency repairs, whether scheduled or unforeseen. By using our Website,youacknowledge that such interruptions may occur unexpectedly, and Diet Essencia will not be held responsible for any resulting inconvenience, loss, or damages caused by such downtime.
17) DURATION, TERMINATION & ACCOUNT SUSPENSION
Diet Essencia retains the right to terminate this agreement with you at any time, with or without cause. Your access may be revoked if you violate any of the provisions outlined in these Terms, including but not limited to infringing on intellectual property rights, failing to comply with applicable laws, or engaging in unlawful activities. If you have created an account with us, you may also terminate this agreement at any time by contacting us with a termination request. Please note that any outstanding payments remain due even after termination. Certain clauses within these Terms, which by their nature should persist beyond termination, shall continue to remain effective.
18) DISCLAIMER OF WARRANTIES
By using our Website and services, you acknowledge that you do so at your own risk. All services and content are provided “as is” without any guarantees or warranties, express or implied. Diet Essencia explicitly disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our Website or services will be uninterrupted, error-free, or fully secure. Any reliance on information obtained from our Website is at your sole discretion, and we assume no liability for any inaccuracies, errors, or loss of data.
Diet Essencia does not warrant the reliability, completeness, or accuracy of any content provided on the Website or obtained through our services. Any third-party information or materials available on the Website are provided without modification, and we do not guarantee their accuracy. Additionally, we are not responsible for any content uploaded, shared, or transmitted by other users.
While we take reasonable measures to secure the Website, we cannot guarantee it is immune to cyber threats or hacking. Any unauthorized access, data breaches, or fraudulent communications sent by third parties impersonating Diet Essencia are beyond our liability. If you receive any unauthorized communications appearing to be from us, please report them immediately.
Diet Essencia is not liable for any inaccuracies, typographical errors, or omissions on the Website regarding product descriptions, pricing, availability, or promotions. We reserve the right to correct errors, modify information, or cancel orders at any time without prior notice. We are also not responsible for any interactions between users of the Website, nor do we mediate disputes between users.
To the maximum extent permitted by law, Diet Essencia shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from your use of the Website, including but not limited to loss of data, profits, or business opportunities. In cases where our liability is established, it shall not exceed 50% of the amount you have paid to us for services within the last six (6) months.
19) LIMITATION OF LIABILITY
Diet Essencia is not responsible for any damages you may incur due to using our Website or services. Our liability, if any, is limited to the lesser of INR 1,000 or the total amount paid by you to Diet Essencia in the past six (6) months. This limitation applies to all claims, including but not limited to those involving loss of profits, negligence, fraud, or contractual breaches.
20) GENERAL TERMS
- a) LANGUAGE: All communications and agreements shall be conducted in English.
- b) GOVERNING LAW & JURISDICTION: By using our Website, you agree that all legal matters concerning these Terms shall be governed by the laws of India. Any disputes shall be exclusively resolved in the courts of Chandigarh, India. You waive any objections regarding jurisdiction or venue.
- c) TRANSFER OF RIGHTS: You may not transfer your rights under this agreement to another party. However, if Diet Essencia transfers its rights under these Terms, the new owner shall assume all rights and obligations.
- d) SEVERABILITY: If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.
- e) NO WAIVER: Failure to enforce any part of these Terms shall not constitute a waiver of our right to enforce them in the future.
- f) HEADINGS: Section headings are for reference purposes only and do not affect the interpretation of these Terms.
- g) NO AGENCY RELATIONSHIP: These Terms do not create any partnership, joint venture, or agency relationship between you and Diet Essencia.
- h) FORCE MAJEURE: We are not responsible for any delays or failures caused by circumstances beyond our control, including natural disasters, government actions, strikes, or technical failures.