These terms and conditions ( the guru's diet) shall be applicable to all diabetes related medical and diagnostic services and/or other ancillary services and/or any other services provided on the the guru's diet website, m-web and mobile application (collectively referred to as “Platform”), operated by Diverse Retails Private Limited and/or facilitated through its partner company/ies (the guru's diet or “Us” or “Our” or “We”) and availed by users (“You” or “Your” or “User”) of the Platform.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the the guru's diet Terms and the guru's diet Privacy Policy (collectively referred to as “Agreement”) carefully before availing Medical Services or accessing or using the Platform. Your use of the Platform and the Medical Services shall signify Your irrevocable acceptance of the Agreement.

1.Information on the Platform

  1. Please note that any and all information, material or details available on the Platform (except such information sought from a Registered Medical Practitioner) is not a substitute for medical care or advice and none of this information should be used for the purpose of self-diagnosis or treatment. Please seek and rely on medical advice sought from a Registered Medical Practitioner.
  2. The details of the registered medical practitioners of the guru's diet and/or third party registered medical practitioners (collectively “Registered Medical Practitioners”), available on the Platform is not a recommendation or endorsement by the guru's diet regarding the qualifications or the services provided by such practitioners and appointments booked by You to avail the Medical Services has been made by You voluntarily, at Your option.

2.Relationship between You and the guru's diet

3.Consent

4.Secondary users

5.Services

Medical Services and Other Services on the Platform may also have the following components (as applicable):

  1. Appointments: The guru's diet shall allow You to book an appointment with the Registered Medical Practitioners or coaches (as the case may be) engaged with The guru's diet, either directly or indirectly, through the Platform. You may also cancel or reschedule Your appointments as per Clause 6 below. Appointments booked on the Platform for physical consultations or tele-consultation with The guru's diet ’s Registered Medical Practitioners are subject to the availability of such respective medical practitioners. The details of the Registered Medical Practitioners available on the Platform is not a guarantee of their services. We reserve the right to cancel or reschedule any appointment at any time. We shall use best efforts to intimate You in advance of such rescheduling or cancellation. However, We shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation.
  2. Tele-consultation: All tele-consultation services are provided only by Registered Medical Practitioners based on the Medical Records provided by You and any errors in the Medical Records or lack of information may lead to inaccurate or incomplete medical advice. The Medical Records shared by You with such practitioners shall be subject to the The guru's diet Privacy Policy or the policies of the respective third-party clinics or hospitals or third party registered medical practitioners engaged by The guru's diet. Please note that The guru's diet and/or the Registered Medical Practitioners do not record, save or download a copy of the consultation. However, The guru's diet and the Registered Medical Practitioners, employees, agents and consultants shall not be responsible for any loss, cost, expenses, inconvenience or suits caused, suffered or instituted against You as a result of such tele-consultation services, in any manner whatsoever. It is recommended that medical advice be sought through physical consultation with the concerned medical practitioner. If You choose to proceed to take medical consultation through tele-consultation, then You do so at Your own risk. You may use the tele-consultation services even if You do not reside in India, however, it is recommended that the medical advice provided to You by the Registered Medical Practitioners engaged by Us, be validated by practitioners in the country of Your residence. Please note that ultra.fit is not available to You, if You reside outside India. There may also be instances when tele-consultations should be followed-up with physical consultations and/or diagnostic tests. Accordingly, You are advised to consider these factors while opting for the tele-consultation.
  3. Diagnostic services: The guru's diet shall allow You to avail diagnostic services by booking appointments on the Platform and shall on a best effort basis ensure that the reports in respect of such diagnostic services are provided to you within the time period specified at the time of booking the appointment. The reports shall be made available to You on the Platform. Please note that We will not handover the report to any third person, including family members, without Your consent. However, we may disclose information or provide reports to family members if required under applicable laws. These diagnostic services are facilitated by third party partners through the Platform. You hereby provide Your consent to Us to share Your personal data to the extent required for providing such diagnostic services.
  4. Record management and health monitoring: We shall provide You with the necessary infrastructure including but not limited to Devices (which may or may not be provided) and access to Registered Medical Practitioners for managing your diabetes related lifecycle or for monitoring your glucose levels and general metabolic health (as the case may be) on the Platform.
  5. We provide the following offerings:

The guru's diet, as part of its core philosophy, under its diabetes packages will strive for reversing Your diabetes once You opt for Medical Services. “Diabetes Reversal” for the purpose of The guru's diet Terms shall mean maintaining an HbA1c below 6.5%, with the elimination of glycemic control (diabetic) medications (except for Metformin which is used by individuals for reasons other than blood the guru's diet control). To achieve reversal, You will have to strictly adhere to the The guru's diet's programme and Health Package over a period of 12 months or more depending upon the situation (on a case to case basis) and recommendation from the Registered Medical Practitioner. However, We do not guarantee any cure of diabetes since this disease of diabetes depends on multiple factors including but not limited to, behavioural and lifestyle changes and have all the attributes of coming back to an individual whose diabetes had been reversed using thethe guru's dietprogramme and / or Health Package.

ultra.fit aims at improving your general metabolic health and for achieving this objective, You may choose to participate in Experiments with the purpose of exploring and switching to healthier alternatives in relation to eating, sleep schedule, etc. and monitor your glucose levels. Please note that participating in such Experiments is optional and can be discontinued at any point in time during the subsistence of your ultra.fit package. The guru's diet does not promote/endorse consumption of any of the food items included in the Experiments, nor does it promote/ endorse any particular form of lifestyle. Results of Experiments may vary from person to person and are dependent on a number of factors other than your food intake. The guru's diet does not guarantee accuracy in results of Experiments and same shall not be construed as medical advice in any form, whatsoever.

Please note that We provide the above services through Our Platform. To ensure that We provide premium service to You, We may sometimes tie-up with other third party hospitals and clinics for their expertise. You hereby consent to Us sharing Your Medical Records with such third-party hospitals or clinics, nursing homes or similar institutions without requiring any further action. Please note that We shall not be responsible for any pilferage of information or illegal dissemination of Your Medical Records by such third party. If requested, We will provide You with the details of the third party with whom We have shared Your Medical Records if You send an email to hello@the guru's diet.com.

Please note that appointments for physical consultations and tele-consultations may not be advisable in cases of emergency or critical conditions since We cannot guarantee appointments. We shall not be responsible for any inconvenience or loss caused to You as a result of delay in medical evaluation or treatment.

Please further note that devices that may be provided as part of Medical Services are provided by third party sellers licensed to sell said devices and your usage of the said devices is governed by its own set of terms and conditions. Please read the terms and conditions for such devices prior to usage. Your usage of the same may be construed as your consent to such terms and conditions.

6. Cancellation/rescheduling of appointments

  1. You may cancel the appointments for the Medical Services prior to the appointment. The cancellation shall be governed as per the timelines mentioned on the Platform. You shall not be entitled to any refunds if appointments are cancelled after the period as specified in the timeline provided on the Platform.
  2. You may reschedule the appointments for the Medical Services prior to the appointment, subject to availability of a time slot/registered medical practitioner for appointment. Timelines mentioned on the Platform shall govern such rescheduling of appointments.

7. Fees/Refunds/Payment Services

  1. All payments in respect of the Medical Services and/or other Services shall be collected in advance on the Platform. Additional taxes or third-party charges may apply. In case of any cancellation either by You (subject to the terms specified above) or The guru's diet or third-party clinics/ hospitals/partners, the amounts paid in respect of such Services shall be initiated for refund within five (5) business days from the date of such request of refund. Timelines for refund of the designated amount to the source account shall be governed as per the relevant bank’s policy.
  2. All payments in respect of the Medical Services and/or other Services shall be made through the Platform. To the extent permitted by applicable law and subject to thethe guru's dietPrivacy Policy, you acknowledge and agree that The guru's diet may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.s.
  3. In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The guru's diet shall use the Payment Details as described in thethe guru's dietPrivacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
  4. There shall be two (2) invoices generated through the Platform, one from The guru's diet for consultation provided by the Registered Medical Practitioner or coaches and the other from third party partners who shall be invoicing for the Devices as part of the packages under different Services being offered on the Platform. The payment receipt and transaction summary shall be made available on the Platform and also sent to Your registered email address. Platform shall collect the payment on behalf of the respective third-party partner, and eventually settle the same.
  5. Except to the extent otherwise required by applicable law, The guru's diet is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, The guru's diet is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided The guru's diet with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyondthe guru's dietcontrol (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

7. Fees/Refunds/Payment Services

  1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from The guru's diet;
  4. conduct or forward surveys, contests, pyramid schemes or chain letters;
  5. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  6. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide You undue advantage or benefit;
  7. engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
  8. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the server belonging to The guru's diet or its partner companies, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
  9. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
  10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  11. collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
  12. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
  13. use the Platform or any material for any purpose that is unlawful or prohibited by these The guru's diet Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of The guru's diet or other third parties;
  14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  15. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  16. violate the The guru's diet Terms contained herein or elsewhere; and
  17. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

9. Intellectual Property Rights

10. Disclaimer of Warranties & Liability

11. Indemnification & Limitation of liability

The guru's diet shall provide all Services and shall ensure that all Services are provided, professionally and in compliance with applicable law. If despite such care and due diligence the reports generated by The guru's diet or any partner of The guru's diet or any part thereof is found to be incorrect or incomplete, the total liability of The guru's diet shall be limited to carrying out a retest of the sample provided or carrying out another test using such method which can provide reasonably error free results, free of cost. The selection of the alternative test shall be made by The guru's diet at its sole discretion. All medico legal liability attributable to Registered Medical Practitioner engaged by Us shall be the sole responsibility of such Registered Medical Practitioner.

You hereby acknowledge that under no circumstances shall The guru's diet or its employees, consultants, agents or officers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Your use of or inability to use the Services or to access the Medical Records or Your use of any ancillary Services provided on the Platform.

You further agree and confirm that The guru's diet shall not be responsible, in any manner whatsoever, for any delay in performance or failure to meet its obligations under this The guru's diet Terms which may be:

12. Violation of the The guru's diet Terms

You agree that any violation by You of these The guru's diet Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us and/or Our third party partners, as the case may be, for which monetary damages would be inadequate, and You consent to The guru's diet obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the The guru's diet and/or its third party partners may have at law or in equity. If The guru's diet and/or third party partner takes any legal action against You as a result of Your violation of these The guru's diet Terms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

13. Suspension and Terminations

The The guru's diet Terms will continue to apply until terminated by either You or The guru's diet as set forth below:

  1. If You object to the The guru's diet Terms or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
  2. The guru's diet may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these The guru's diet Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these The guru's diet Terms will survive indefinitely unless and until The guru's diet chooses to terminate them.t, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The guru's diet shall use the Payment Details as described in thethe guru's dietPrivacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
  3. You shall be liable to pay for any Services that you have already ordered till the time of termination by either party whatsoever.

15. Communications

You hereby expressly agree to receive communications by way of SMS/WhatsApp and/or e-mails from The guru's diet, and other third parties relating to the Platform and Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS/WhatsApp and/or e-mail anytime by e-mailing to hello@the guru's diet.com.

16. General Provisions

Notice: All notices from The guru's diet will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to The guru's diet pursuant to the The guru's diet Terms should be sent to hello@the guru's diet.com with subject line - Attention: TERMS OF USE.

Assignment: You cannot assign or otherwise transfer the The guru's diet Terms, or any rights granted hereunder to any third party.the guru's dietrights under the The guru's diet Terms are freely transferable by The guru's diet to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the The guru's diet Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the The guru's diet Terms shall continue in full force and effect.

Waiver:v Any failure by The guru's diet to enforce or exercise any provision of the The guru's diet Terms, or any related right, shall not constitute a waiver by the The guru's diet of that provision or right.

17. Governing Law and Jurisdiction

These The guru's diet Terms shall be governed by the laws of India. In the event of any dispute between the Parties in relation to these Terms, the courts in Bangalore shall have exclusive jurisdiction.