TERMS AND CONDITIONS
TERMS OF USE
WELCOME TO LIVEN HEALTHCARE ( DIET QUEEN )
Legal Agreement
This user agreement (“Agreement”) is an agreement between you and Liven Healthcare Private Limited, and it’s Mobile division ‘The Diet Queen ’. The Diet Queen , is a mobile app / Website owned fully by Liven Healthcare Pvt Ltd, now on called as "Diet Queen " or "we" or "us" as the context requires governing your use of Diet Queen 's software products, and/or services with the characteristics and features as described in
www.dietqueen.in, and www.livenhealthcare.com, and the Diet Queen mobile App , both Android and IOS (“App”) and your use of the Queens Store(Grocery and Others) made available on the Diet Queen App and Website and Queens Store (Grocery and Others)
referred to collectively as the "Services". Liven Healthcare and Diet Queen may have subsidiaries and affiliated legal entities ("Subsidiaries, Affiliates, Franchise, and Doctor’s or Dietitian Operated clinics ")around the world, providing the Services to you on behalf of them together. You acknowledge and agree that the Subsidiaries, Affiliates, Franchise, and Doctor’s or Dietitian operated clinics will be entitled to provide the
Services to you under the terms of this Agreement.
By accessing the Diet Queen Website, the App or the Queens Store (Grocery and Others
), at your option, registering thereon and thereafter using the Services as a member or guest, you agree to this Agreement and the terms in it. This Agreement governs your access and use of this Diet Queen App / Website / Queens Store(Grocery and Others) and applies to all visitors, users and others who access the Service ("Users").
Diet Queen will not be liable for any consequences arising from your unauthorized use and are not allowed to use this Diet Queen App/ Website /Queens Store( Grocery and Others) unless the agreement is signed.
We may revise these terms of use by amending this page and the terms hereof. The revised terms of use shall be on the Diet Queen App / Website and we expect you to check this page from time to time to take notice of any changes we make, as they are
binding on you. All changes are effective as soon as we post them and by continuing to
use the Diet Queen App/ Website / Queens Store(Grocery and Others) and avail of the
Services, you agree to be bound by the revised terms and conditions of use. Your use of Diet Queen App / Website Queens Store(Grocery and Others ) is subject to the most current version of the terms of use posted on the Diet Queen App / Website Queens
Store(Grocery and Others) at the time of such use.
Diet Queen has created this Diet Queen App / Website / Queens Store(Grocery and Others) to provide Users, the Services which includes,
- Guidance on how to lose weight, gain weight, maintain their weights,
- Take care of the diets in pregnancy and lactation, in diseases and total health through lifestyle and dietary modifications,
- Providing a store to buy the products necessary in achieving them.
We are a medical organization, and our recommended diet plans, physical activities and personal consultations ( delivered on App or in Person consultations at our clinics) are specific to their diseases, can be construed as medical advice, prescriptions, or
diagnoses.
The Queens Store (Grocery and Others) is an e-commerce Store where Grocery and Others are made available for the convenience of the user. On the Diet Queen App and Website, wherein users are provided access to a variety of grocery, health, nutrition and accessories based products (“Products”). We list these Products for sale by us or
multiple vendors on the Queens Store(Grocery and Others). The Users may place orders and purchase the Products on the Queens Store(Grocery and Others) using the payment gateway provided therein. Using the Queens Store( Grocery and Others) and the purchase of the Products shall be governed by the terms hereof.
ACCESS
- Access to the Services is permitted on a temporary or permanent basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Diet Queen App/ Website / Queens Store(Grocery and Others) by notifying the same on our Diet Queen App / Website Queens Store(Grocery and Others) from time to time without prior notice to you. We will not be liable, if for any reason our Diet Queen App / Website Queens Store(Grocery and Others) 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 Diet Queen App / Website / Queens Store(Grocery and Others), or our entire Diet Queen App / Website / Queens Store( Grocery and Others), to Users who have registered with us.
- Diet Queen 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 Diet Queen ’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 Diet Queen App / Website 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 at our sole discretion on the Diet Queen Website .
- 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 Diet Queen App / Website or such other Services provided through the Diet Queen App / Website 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 Diet Queen 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
Agreement or the Privacy Policy.
- You must provide your full legal name, valid mobile number 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, technological requirements, record keeping purposes, internal procedures or for any other purposes and by using this Diet Queen App / Website you expressly consent to such sharing of the
information provided by you.
- Upon completing the registration process, you will be provided with a
username and 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 will immediately notify Diet Queen of any unauthorized use of your username and password, by sending details of such unauthorized use to: help@dietqueen.in.
- You are responsible for making all arrangements necessary for you to have access to our Diet Queen App / Website Queens Store(Grocery and Others) and thereby the Services. You are also solely responsible and
liable to Diet Queen 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.
- Diet Queen reserves the right to refuse access to use the Services offered at the Diet Queen App/ Website /Queens Store(Grocery and Others) to
new users or to terminate access granted to existing Users at any time without any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Diet Queen from using the
Diet Queen App / Website Queens Store(Grocery and Others) or Services for any reason whatsoever.
MEMBERSHIP/REGISTRATION FOR THE SERVICES
- Once you complete registration on the Diet Queen Website /App, you will be a member which:
- allows you to make use of the Services on the Diet Queen App / Website subject to these terms and conditions;
- allows you to access and purchase Products on the Queens
Store(Grocery and Others), subject to the terms and conditions set out herein;
- allows you to access content on the Diet Queen App/ Website / Queens Store(Grocery and Others);
- allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Diet Queen App / Website / Queens Store, benefits of our services, and or describing new
services that we enable on the Diet Queen App / Website /Queens Store
- By providing Diet Queen your Mobile number/ Email address you consent to:
- using your mobile number or email address 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 mobile number/email or entirely.
- Our using the Mobile numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating to your weight issues, diseases, and progress in treatment on the App and the usage of our Services, and relating to any new medical advancements( which may be helpful for you), promotions and sales opportunities on the App.
- Our using on your Mobile number, email address, home address, and other ancillary information to fulfil the orders placed by you on the Queens Store(Grocery and Others); and
- Our using your Mobile number or email address 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:out@dietqueen.in. Opting out may prevent you from receiving email messages or Mobile messages
regarding updates, improvements, or offers.
GRANT OF LICENSE TO USE THE DIET QUEEN APP
- Subject to these terms and conditions of use, Diet Queen grants you a non-exclusive, non-transferable, 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 Diet Queen 's data protection practices, please read Diet Queen 's privacy policy set out below. This policy explains how Diet Queen treats your personal information, and protects your privacy, when
you use the Services.
TERMS OF USE OF THE QUEENS STORE(Grocery and Others)
- You may access and use the Queens Store(Grocery and Others) to purchase Products listed thereon by us or the third party vendors from time to time.
- Diet Queen ’s responsibility in terms of the Queens Store(Grocery and Others) shall extend solely and exclusively to:
- The provision of the platform for the Queens Store(Grocery and Others) on the Diet Queen Website /App;
- Collection of payments from Users using the third party payment gateway on the Queens Store(Grocery and Others). In the event of any disputed payments made, Diet Queen shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of Diet Queen ’s obligations in this regard;
- Delivery of the Products to the Users who have placed orders therefore on the Queens Store(Grocery and Others).
- It is hereby clarified that the Products listed on the Queens Store(Grocery and Others) may be listed by us or the third party vendors. The Products may or may not belong to Diet Queen , partially or totally. Thus Diet Queen makes no warranty for, and shall not be responsible in any manner
whatsoever for the quality, quantity or authenticity of the Products which do not totally belong to Diet Queen .
- There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Queens Store(Grocery and Others), save as set out herein.
RIGHTS RESERVED BY Diet Queen
- 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 conditions, this Agreement or the Privacy Policy.
- 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 Diet Queen App/Website/Queens
Store(Grocery and Others) 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.
- 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 Diet Queen, its Users and the public. Diet Queen shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
- We reserve the right to introduce or change the prices of all Services upon 15 ( FIFTEEN ) 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 Diet Queen App/ Website itself.
- Diet Queen shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the Services.
RESTRICTION ON USE OF DIET QUEEN SERVICES
- You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Diet Queen 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 Diet Queen App or the Website or the Queens Store(Grocery and Others);
- Attempt to copy any software provided to you as part of the
Services or the Diet Queen App / Website / Queens Store(Grocery and Others) and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
- 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;
- Access or use the Diet Queen App/ Website /Queens Store(Grocery and Others) in any manner that could damage, disable, overburden, or impair any of the Diet Queen App/ Website /Queens
Store(Grocery and Others)’s servers or the networks connected to any of the servers on which the Diet Queen App/ Website/Queens Store(Grocery and Others) is hosted;
- Access or attempt to access any content that you are not authorized to access by any means;
- Alter or modify any part of the Services; and
- Disrupt or interfere with the security of, or otherwise cause harm to the Diet Queen App/ Website , materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or
networks connected to or accessible through the Diet Queen App / Website Queens Store(Grocery and Others) or any affiliated linked sites.
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 breach of the terms of use on which you are permitted to use the 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 Diet Queen App/ Website;
- Immediate, temporary or permanent removal of any contribution already posted on the Diet Queen App / Website Queens
Store(Grocery and Others) 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 breach;
- 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 Diet Queen to the Diet Queen App / Website Queens Store(Grocery and Others) or the Services will automatically terminate.
CONTENT
- 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 us. Diet Queen has control over the content posted and using the Services. But 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.
- 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 Queens Store(Grocery and Others), various vendors may post
images, descriptions and other content. We as Diet Queen 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.
DISCLAIMERS
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or of vendors on the Queens Store(Grocery and Others), 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, Diet Queen 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 Queens
Store(Grocery and Others).
- 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 resource.
- You agree that your use of the Diet Queen App / Website Queens
Store(Grocery and Others) and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Diet Queen App / Website Queens Store(Grocery and Others) 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, health and fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Diet Queen 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 suffering from any disease or if you have any previous medical
history that may put you at risk, you are required to seek approval from a qualified health care practitioner prior to using the Services. We may, in the process, advise you to consult your Physician or advice laboratory
investigations for diagnosis and further treatment.
- The content of the Diet Queen App / Website Queens Store(Grocery and Others), including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is a professional medical advice, diagnosis, treatment or recommendations for your current health, and
weight. You should always seek the advice of your qualified healthcare professionals with any other Questions or concerns you may have
regarding your individual needs, any medical conditions and also to verify the advice given by Diet Queen.If required, we may also advise you to consult a qualified Physician. 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 Diet Queen App / Website Queens Store(Grocery and Others). Reliance on any such content is solely at your own risk.
- The content provided on or through this Diet Queen App / Website
regarding food, drug or dietary supplements or products for sale on the Queens Store(Grocery and Others) have been evaluated or approved by any regulatory authority including the FDA, and 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 Diet Queen App / Website Queens Store(Grocery and Others), and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
- You are solely responsible for your contributions to any online forum Diet Queen may offer through or as part of the Services (“Community
Participation”), such as and without limitation, responses to blog postings, and other contributions to online discussions. By submitting to
Community Participation you: (a) represent to Diet Queen , 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 Diet Queen 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 Diet Queen 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. Diet Queen 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 Diet Queen with any contact or billing information changes or updates (including Mobile number, email address, credit card numbers, etc.). Diet Queen 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 IOS (iTunes) account or Android (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 Diet Queen about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Diet Queen ’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 Queens Store(Grocery and Others), you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefore.
INDEMNITY AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless Diet Queen , 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 Diet Queen App / Website /Queens
Store(Grocery and Others); (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 Diet Queen Website / App /Queens Store(Grocery and Others).
- The material displayed on our Diet Queen App/Website or Queens
Store(Grocery and Others) is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our
Subsidiaries, Affiliates, Franchise, and Doctor’s or Dietitian operated clinics and third parties connected to us hereby expressly exclude:
- 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 Diet Queen App/ Website /Queens Store(Grocery and Others) or in connection with the use, inability to use, or results of the use of the Services or our Diet Queen App/ Website/Queens Store(Grocery and Others), any Diet Queen Website s linked to it and any materials posted on it, including, without limitation any liability for:
- loss of data;
- loss of goodwill;
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- 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 Diet Queen App / Website to use the Services and/or the purchase price paid by you for Products in the Queens Store(Grocery and Others).
OFFENCES
- You must not misuse our Diet Queen App / Website Queens
Store(Grocery and Others) 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 Diet Queen Website / App/Queens
Store(Grocery and Others), the server on which our Diet Queen Website / App/Queens Store(Grocery and Others) is stored or any server, computer or database connected to our site. You must not attack our Diet Queen Website / App/Queens Store(Grocery and Others) 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Diet Queen App/ Website
/ Queens Store(Grocery and Others) will cease immediately.
- 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 mobile, computer equipment, computer programs,
data or other proprietary material due to your use of our Diet Queen / App
/ Website / Queens Store(Grocery and Others) or to your downloading of any material posted on it, or on any Diet Queen App / Website Queens
Store(Grocery and Others) linked to it.
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 Diet Queen Website or the App or the Queens Store(Grocery and Others) and/or the Services via third party
software or Diet Queen Website . Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:
- 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 notice;
- 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) hours;
- Diet Queen does not warrant that the App will be compatible with your mobile device.
- You acknowledge that Diet Queen 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.
- Our tagline - ‘ Women’s Weight Loss. Guaranteed’, We guarantee weight loss to all our female users. The terms for guarantee are as follows :-
- Desire to lose weight is part of the weight loss program. Users' reason and desire to lose weight has to be strong enough. Weight loss without any strong reason, is not possible. Users should, in the app, and it’s messaging system, in the Liven clinic and or on the website, register their wish, and give reasons for weight loss.
- Downloading the application, using it on a daily basis -
following the treatment plan, eating in the right quantity,
following all the instructions, walking, and registering it in the calendar of the application, all are the essence of the treatment. If not done correctly, DietQueen does not guarantee weight loss.
- Mere downloading the DietQueen application and using it intermittently does not guarantee their weight loss.
- If at all, someone is not losing weight in spite of following the DIET QUEEN app, the user is needed to connect to the DIET QUEEN team through app, email, messaging or visit
Liven clinic. There are many medical and other issues
involved in syndromic obesity which has to be taken care of. Assistance to this will be provided, with prior appointments, and may incur charges. If necessary, we may ask you to visit your Physician for other medical issues which are causing hindrance in your weight loss. If the instructions are not
followed then DietQueen does not guarantee weight loss.
- The DietQueen app, treats and guarantees weight loss of simple obese patients only.
- Like Diabetes and other metabolic diseases, Obesity is a disease. Simple obesity is defined as - ‘Accumulation of
excess fat in the body’. In syndromic obesity, there are many underlying diseases, either causing obesity or are complications of obesity. Unlike many diseases, diabetes and obesity cannot be cured permanently, but controlled by lifestyle, food and behavioural modification.
- If the person is committed to weight loss then we guarantee that with the DietQueen plan the user will lose her weight, and maintain it for a longer period.
- Losing weight and maintaining the weight for life is the result of desire, dedication, and efforts in following the changed
lifestyle as suggested by DIETQUEEN.
SECURITY
- 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 MARKS
- All right, title and interest in usage of the terms dietqueen.in, Diet Queen 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 are and will remain the exclusive property of Diet Queen and its licensors. Any use of this Diet Queen App / Website 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 Diet Queen .
- Except as expressly provided in these terms of use, no part of Diet Queen and no content or marks, data, statistics, independent research conducted and posted by Diet Queen may be copied reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, Diet Queen 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 Diet Queen
does not transfer/assign the title to the Diet Queen App / Website 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 Diet Queen , we retain the full and complete right, title and interest to the Diet Queen App / Website , and all intellectual property, title and
interest to the Diet Queen App / Website , and all intellectual rights therein.
- Any usage of Diet Queen ’s contents, without the written authorization of Diet Queen , shall be considered a breach of this Agreement, and you shall be required to indemnify Diet Queen for all liability incurred in this regard.
GOVERNING LAW
- The jurisdictional court of Maharashtra shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Diet Queen App/ Website /Queens Store(Grocery and Others) 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.
- Diet Queen accepts no liability whatsoever, direct or indirect, for
noncompliance with the laws of any country other than that of India, the mere fact that Diet Queen App / Website / Queens Store(Grocery and Others) 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 DIET QUEEN WEBSITE AND LEGAL NAME
The Diet Queen Website www.dietqueen .in and www.livenhealthcare.com and the associated mobile application, Diet Queen , is registered and owned by Liven Healthcare Private Limited, India and usage of this Diet Queen App / Website and affiliated links is subject to the Terms of Use and Privacy Policy.
PRIVACY POLICY
This privacy policy (“Policy”) was last changed on June1, 2020. We may occasionally make changes to the Policy. If we do, we shall notify either by sending you an email 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 herein:
- This Policy details the critical aspects governing your personal data relationship with ‘Diet Queen ’ which is owned and operated by Liven Healthcare Private
Limited, a company incorporated under the laws of India, and having its registered office at A/4,5, Keviz park, Nagala Park, Kolhapur - India;
- Your personal data relationship with Diet Queen 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 https://www.dietqueen.in (“Diet Queen Website ”) or
www.livenhealthcare.com or any pages thereof (“Visitor”); or (ii) a person who has an account with Diet Queen to avail our Services (“Registered User”);
- 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 Diet Queen through the Diet Queen App, Website or any other associated Liven Healthcare Pvt Ltd Website and its subsidiary;
- 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 Diet Queen App or the Website.
INFORMATION WE COLLECT AND HOW WE USE IT
TYPE OF USER |
VISITOR |
REGISTERED USER |
WHAT DATA WE MAY |
|
Mobile number, e-mail address, residential address;
Services;
deactivate location services in the relevant section of the Diet Queen App/ Website ;
relevant product environment and use the features;
|
HOW AND WHY WE USE IT |
We use this information to analyse and identify your behaviour and enhance the |
We collect this data in order to help you register for and facilitate provision of our Services. |
|
|
services we develop that from time to time. |
- PUBLISHED CONTENT
Any success stories, comments, messages, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of the Diet Queen App/ Website / social media sites becomes published content. We may publish such published content on our Diet Queen App / Website / 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.
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 Diet Queen App / Website from time to time. Such data may include your behaviour towards various contents posted on our Diet Queen App/ Website from other sources. We use the data collected from other
sources to prepare a specific diet plan and treatment regime for you. We also use this data for providing, testing, improving, or recommending the Services.
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 Web Services 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.
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.
TRANSFER OF INFORMATION
In the ordinary course of business, we may use 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.
Some of the examples of where we may subcontract processing activities to third parties include—record keeping, data analysis, marketing assistance, processing payments, and providing customer service.
THIRD PARTY LINKS
We may display links to third-party Websites or applications on our Diet Queen App or Website 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 a 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 Diet Queen App / website 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.
COMPELLED DISCLOSURE
Besides the purposes set out in the Policy, we may disclose any data we collected or processed from you if we require it:
- 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 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 Policy;
- in connection with legal proceedings brought against Diet Queen, its officers, employees, affiliates, customers or vendors;
- to establish, exercise, protect, defend and enforce our legal rights; or
- 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 reorganization, 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.
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 Diet Queen 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.
ACCESS, CORRECTION & DELETION
You may request access, correction or addition, and deletion of the data by contacting help@dietqueen.in You 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 Services.
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 you.
- Information We Collect From Other Sources
Information We Collect Automatically Through Cookies and Similar Technologies use tracking tools like browser cookies and web beacons. The information is about how you interact with our Sites, Services and other websites over time and across devices. Cookies allow us to tailor the Sites to better match your interests and preferences. You can ask your browser to not accept cookies or to notify you when a cookie is being sent if you do not wish to accept cookies.
We automatically collect non-personally identifiable information about your use of the Sites, such as the domain from which you access the Internet, the date and time you access the Sites, and the Internet address of the website from which you linked directly to our Sites. Diet Queen may use this information to analyze and enhance the Sites and may aggregate this information and share such aggregated information with business partners, sponsors and other third parties.
This site uses IP addresses to analyze trends, administer the site, track users' movements inside the site, determine which site referred users to us, and gather very general demographic information.
Information Imported from Social Networks:
When you interact with us through social media your interactions with the social media platforms ("Social Networks") typically allows the Social Networks to collect information such as "Likes," profile information gathered from the Social Networks, or that you viewed or interacted with our Services. Social Networks may collect information about you through digital cookies they place on your device and other tracking mechanisms, even when you are not directly interacting with their applications.
- GRIEVANCE OFFICER
Name |
Dr. Kiran Rukadikar |
ADDRESS: |
Unit No A - 4 / 5, Keviz Park, Nagala Park, Kolhapur, Maharashtra, Pin- 416003 |
TELEPHONE: |
+91 9921217333 |
EMAIL: |