TERMS AND CONDITIONS

TERMS OF USE

WELCOME TO  LIVEN HEALTHCARE ( DIETQUEEN )

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and Liven Healthcare Private Limited, and it’s Mobile division ‘The DietQueen ’. The DietQueen , is a mobile app / Website owned fully by Liven Healthcare Pvt Ltd, now on called as “DietQueen ” or “we” or “us” as the context requires governing your use of DietQueen ‘s software products, and/or services with the characteristics and features as described in www.dietqueen.in, and www.livenhealthcare.com, and the DietQueen mobile App , both Android and IOS (“App”) and your use of the Queens Store(Grocery and Others) made available on the DietQueen App and Website  and Queens Store (Grocery and Others) referred to collectively as the “Services“. Liven Healthcare and DietQueen 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 DietQueen 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 DietQueen App / Website / Queens Store(Grocery and Others) and applies to all visitors, users and others who access the Service (“Users”). 

DietQueen will not be liable for any consequences arising from your unauthorized use and are not allowed to use this DietQueen 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 DietQueen 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 DietQueen 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 DietQueen App / Website Queens Store(Grocery and Others ) is subject to the most current version of the terms of use posted on the DietQueen App / Website Queens Store(Grocery and Others) at the time of such use. 

Dr. Kiran Rukadikar, Founder of DietQueen has created this DietQueen App / Website / Queens Store(Grocery and Others) to provide Users, the Services which includes,

  1. Guidance on how to lose weight, gain weight, maintain their weights, 
  2. Take care of the diets in pregnancy and lactation, in diseases and total health through lifestyle and dietary modifications, 
  3. 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 DietQueen 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. 

1. ACCESS

  1. ACCESS
    1. 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 DietQueen App/ Website / Queens Store(Grocery and Others) by notifying the same on our DietQueen 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 DietQueen  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 DietQueen  App / Website / Queens Store(Grocery and Others), or our entire DietQueen  App / Website / Queens Store( Grocery and Others), to Users who have registered with us.
    2. DietQueen 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 DietQueen ’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.
    3. In order to access the Services, you will need to register on the DietQueen  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 DietQueen  Website .
    4. 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 DietQueen  App / Website or such other Services provided through the DietQueen  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 DietQueen  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.
    5. 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 DietQueen  App / Website you expressly consent to such sharing of the information provided by you.
    6. 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 DietQueen  of any unauthorized use of your username and password, by sending details of such unauthorized use to: help@dietqueen.in.
    7. You are responsible for making all arrangements necessary for you to have access to our DietQueen  App / Website Queens Store(Grocery and Others) and thereby the Services. You are also solely responsible and liable to DietQueen 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.
    8. DietQueen reserves the right to refuse access to use the Services offered at the DietQueen 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 DietQueen from using the DietQueen App / Website Queens Store(Grocery and Others) or Services for any reason whatsoever.

2. MEMBERSHIP/REGISTRATION FOR THE SERVICES

      1. Once you complete registration on the DietQueen  Website /App, you will be a member which:
        1. allows you to make use of the Services on the DietQueen  App / Website subject to these terms and conditions;
        2. allows you to access and purchase Products on the Queens Store(Grocery and Others), subject to the terms and conditions set out herein;
        3. allows you to access content on the DietQueen  App/ Website / Queens Store(Grocery and Others);
        4. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the DietQueen  App / Website / Queens Store, benefits of our services, and or describing new services that we enable on the DietQueen  App / Website /Queens Store 
      2. By providing DietQueen your Mobile number/ Email address you consent to:
        1.  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.
        2. 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.
        3. 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.

3. GRANT OF LICENSE TO USE THE DIETQUEEN APP

  1. Subject to these terms and conditions of use, DietQueen 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.

4. PRIVACY AND YOUR PERSONAL INFORMATION

  1. For information about DietQueen ‘s data protection practices, please read  DietQueen ‘s privacy policy set out below. This policy explains how DietQueen treats your personal information, and protects your privacy, when you use the Services.

5. TERMS OF USE OF THE QUEENS STORE(Grocery and Others)

  1. 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.
  2. DietQueen’s responsibility in terms of the Queens Store(Grocery and Others) shall extend solely and exclusively to:
    1. The provision of the platform for the Queens Store(Grocery and Others) on the DietQueen Website /App;
    2. 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, DietQueen shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of DietQueen ’s obligations in this regard;
    3. Delivery of the Products to the Users who have placed orders therefore on the Queens Store(Grocery and Others).
  3. 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 DietQueen , partially or totally. Thus DietQueen 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 DietQueen .
  4. 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.

6. RIGHTS RESERVED BY DIETQUEEN

  1. 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.
  2. 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.
  3. 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 DietQueen 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.
  4. 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.
  5. 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 DietQueen, its Users and the public. DietQueen shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
  6. 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 DietQueen App/ Website itself.
  7. DietQueen shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

7. RESTRICTION ON USE OF DIETQUEEN SERVICES

    1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle DietQueen  to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
      1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
      2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the DietQueen App or the Website or the Queens Store(Grocery and Others);
      3. Attempt to copy any software provided to you as part of the Services or the DietQueen 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;

 

      1. 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;
      2. 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;
      3. Access or use the DietQueen App/ Website /Queens Store(Grocery and Others) in any manner that could damage, disable, overburden, or impair any of the DietQueen App/ Website /Queens Store(Grocery and Others)’s servers or the networks connected to any of the servers on which the DietQueen App/ Website/Queens Store(Grocery and Others) is hosted;
      4. Access or attempt to access any content that you are not authorized to access by any means;
      5. Alter or modify any part of the Services; and
      6. Disrupt or interfere with the security of, or otherwise cause harm to the DietQueen App/ Website , materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the DietQueen  App / Website Queens Store(Grocery and Others) or any affiliated linked sites.



8. BREACH OF CONTENT STANDARDS

  1. 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:
    1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the DietQueen App/ Website;
    2. Immediate, temporary or permanent removal of any contribution already posted on the DietQueen App / Website Queens Store(Grocery and Others) using the Services, upon your failure to cure the breach that is brought to your notice;
    3. Issue of a warning to you;
    4. 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;
    5. Further legal action against you; and
    6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  2. 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.
  3. 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 DietQueen to the Diet Queen App / Website Queens Store(Grocery and Others) or the Services will automatically terminate.

9. CONTENT

  1. 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. DietQueen 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.
    2. 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.
    3. 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.
    4. 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 DietQueen 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.

10. DISCLAIMERS

        1. 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, DietQueen 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).
        2. 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.
        3. You agree that your use of the DietQueen 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 DietQueen  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. DietQueen  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. 
      1. The content of the DietQueen 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 DietQueen.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 DietQueen  App / Website Queens Store(Grocery and Others). Reliance on any such content is solely at your own risk.
      2. The content provided on or through this DietQueen  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.


11. CONTENT LICENSE FROM YOU

    1. 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 DietQueen 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. 
    2. You are solely responsible for your contributions to any online forum DietQueen  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 DietQueen , 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 DietQueen  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.
    3. You confirm and warrant to DietQueen that you have all the rights, power and authority necessary to grant the above license.

12. BILLING AND PAYMENT

    1. 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. DietQueen  may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
    2. It is your responsibility to promptly provide DietQueen  with any contact or billing information changes or updates (including Mobile number, email address, credit card numbers, etc.). DietQueen  does not validate all credit card information required by the Customer’s payment provider to secure payment.
    3. 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.
    4. You must notify DietQueen  about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to DietQueen ’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
    5. 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.
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13. INDEMNITY AND LIMITATION OF LIABILITY

    1. You agree to defend, indemnify and hold harmless DietQueen , 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 DietQueen  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 DietQueen  Website / App /Queens Store(Grocery and Others).
    2. The material displayed on our DietQueen 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:
      1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our DietQueen  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 DietQueen App/ Website/Queens Store(Grocery and Others), any DietQueen Website s linked to it and any materials posted on it, including, without limitation any liability for:
        1. loss of data;
        2. loss of goodwill;
        3. loss of income or revenue;
        4. loss of business;
        5. loss of profits or contracts;
        6. loss of anticipated savings;
        7. wasted management or office time; and
        8. 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.
    3. 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 DietQueen  App / Website to use the Services and/or the purchase price paid by you for Products in the Queens Store(Grocery and Others).
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14. OFFENCES

    1. You must not misuse our DietQueen  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 DietQueen  Website / App/Queens Store(Grocery and Others), the server on which our DietQueen  Website / App/Queens Store(Grocery and Others) is stored or any server, computer or database connected to our site. You must not attack our DietQueen  Website / App/Queens Store(Grocery and Others) via a denial-of-service attack or a distributed denial-of service attack.
    2. 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 DietQueen App/ Website / Queens Store(Grocery and Others) will cease immediately.
    3. 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 DietQueen  / App / Website / Queens Store(Grocery and Others) or to your downloading of any material posted on it, or on any DietQueen  App / Website Queens Store(Grocery and Others) linked to it.
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15. ADDITIONAL TERMS FOR THE MOBILE APP

    1. 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 DietQueen  Website  or the App or the Queens Store(Grocery and Others) and/or the Services via third party software or DietQueen  Website . Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:
      1. 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;
      2. 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;
      3. 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;
      4. DietQueen  does not warrant that the App will be compatible with your mobile device. 
      5. You acknowledge that DietQueen  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.
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16. TERMS FOR GUARANTEE

  1. Our tagline – ‘ Women’s Weight Loss. Guaranteed’, We guarantee weight loss to all our female users. The terms for guarantee are as follows :- 
  1. 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. 
  2. 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.  
  3. Mere downloading the DietQueen application and using it intermittently does not guarantee their weight loss. 
  4. If at all, someone is not losing weight in spite of following the DietQueen app, the user is needed to connect to the DietQueen 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. 
  5. The DietQueen app, treats and guarantees weight loss of simple obese patients only. 
  6. 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. 
  7.  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.
  8. 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. 
  9. Losing Weight and Fat helps in Prevention and Control of Lifestyle diseases like Diabetes, Hypertension, Heart disease and PCOD, Infertility. Medical science is evolving and new data is going to help us to understand more about the disease, and it’s management.  Scientific data and links for your knowledge 
  1. Weight Loss Helping Diabetes –

https://www.diabetes.org.uk/guide-to-diabetes/enjoy-food/eating-with-diabetes/whats-your-healthy-weight/lose-weight 

  1. Weight Loss and Infertility / PCOD Diet https://www.health.harvard.edu/diseases-and-conditions/follow-fertility-diet 
  2. Nutrition in Pregnancy and Lactation – https://www.nhs.uk/conditions/pregnancy-and-baby/breastfeeding-diet/



17. SECURITY

  1. We have implemented commercially reasonable technical andorganizational 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.

18. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

    1. All right, title and interest in usage of the terms dietqueen.in, DietQueen  including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
    2. All right, title, and interest in and to the Services are and will remain the exclusive property of DietQueen  and its licensors. Any use of this DietQueen  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 DietQueen .
    3. Except as expressly provided in these terms of use, no part of DietQueen  and no content or marks, data, statistics, independent research conducted and posted by DietQueen  may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, DietQueen  Website , or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
    4. By accepting the use of terms hereunder you agree that the DietQueen  does not transfer/assign the title to the DietQueen  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 DietQueen , we retain the full and complete right, title and interest to the DietQueen  App / Website , and all intellectual property, title and interest to the DietQueen  App / Website , and all intellectual rights therein. 
    5. Any usage of DietQueen ’s contents, without the written authorization of DietQueen , shall be considered a breach of this Agreement, and you shall be required to indemnify DietQueen  for all liability incurred in this regard.
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19. GOVERNING LAW

  1. The jurisdictional court of Maharashtra shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the DietQueen 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.
  2. DietQueen accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that DietQueen 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.

20. RELATIONSHIP BETWEEN THE DIET QUEEN WEBSITE AND LEGAL NAME

The DietQueen Website ​www.dietqueen .in​ and ​www.livenhealthcare.com and the associated mobile application, DietQueen , is registered and owned by Liven Healthcare Private Limited, India and usage of this DietQueen App / Website and affiliated links is subject to the Terms of Use and Privacy Policy.

21. GRIEVANCE OFFICER 

Name: Dr. Kiran Rukadikar

Address: Unit No. A-4/5, Keviz Park, Nagala Park, Kolhapur, Maharashtra, India, 416003.

Telephone: +91 9921217333

Email: complaints@dietqueen.in