Terms and Conditions
MyHealthBuddy (The “Platform”) and its representatives welcome you. We are an health and fitness platform with parent organization PAMG Healthbuddy Services Pvt. Ltd (“MHB” “Company” “we” “us” “our”). PAMG Healthbuddy Services Pvt. Ltd. Is registered at the address “#1831, Sector-4, Gurugram, Haryana 122001”
Last update: 16 Jan 2024
Agreement to Terms:
These terms and conditions (“Terms”, “Agreement”) are an agreement between MyHealthBuddy and you (“User”, “you” or “your”), whether personally or on behalf of an entity/person (“you” “user” “client”), with respect to your access to and use of our websites or MyHealthBuddy mobile application or any other media form, channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “website and mobile application”). PAMG HealthBuddy Services Pvt. Ltd. May have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”) providing services to you on behalf of PAMG HealthBuddy Services Pvt. Ltd. This Agreement sets forth the general terms and conditions of your use of the MyHealthBuddy, its mobile application and any of its products or services (collectively, “Mobile Application” or “Services”). You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY
Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website/Mobile Application or using any of the Services after the date such revised Terms and Conditions become effective. The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.Agreement to Terms:No Refunds
Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.user representations
By using the Website/Mobile Application, you represent and warrant that all information you submit will be true, accurate, current, and complete and you will maintain the accuracy of such information and promptly update such information as necessary. You also represent and warrant that you have the legal capacity and you agree to comply with these Terms and Conditions and are not considered a minor in the jurisdiction in which you reside. You agree that you will not use the Website/Mobile Application for any illegal or unauthorized purpose and your use of the Website/Mobile Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof) including other services being provided to you.No Refunds Policy
In the event that this Agreement expires or is terminated, no portion of any payments of any kind whatsoever previously provided hereunder shall be owed or be repayable or refunded to the user.
We want to provide transparency regarding our refund policy. MyHealthBuddy does not offer refunds for online health and fitness consultation services. Once the offer has been accepted and payment has been made by you, all transactions are final, and we do not entertain requests for refunds.
Refunds will not be granted under any circumstances, including but not limited to “Utilization of the health and fitness consultation services in their entirety”.
If you have purchased a MyHealthBuddy programme/plan, you will not be eligible for a refund from MyHealthBuddy for any reason whatsoever.
Refund is made in the event that you have paid twice for your Member Account by MyHealthBuddy. Refunds will be made directly by the same method through which the payment was made, unless specified to you by us.
Changes to the No Refund Policy: We reserve the right to update or modify this No Refund Policy at any time without prior notice. Please review this policy periodically for changes.
services
We may provide various products and services from time to time, which you may choose to buy/subscribe. These may include but not limited to health and fitness coaching, pre/post pregnancy coaching, etc. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time.
Pricing
We reserve the right to decide/keep/modify the pricing of our products/services. We also reserve the right to offer pricing which may differ from person to person depending on various factors including but not limited to individual needs, services offered, experience of persons offering services, geographical location, market scenario, etc.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.
Content/Intellectual Property:
The content of the MyHealthBuddy/ Website/App/Social Media, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. Any input from your side will be considered as the property of PAMG Healthbuddy Services Pvt. Ltd and may be used for purpose of coaching, marketing and promotions.
User generated content
- Definition: “Social Forum” is any area, website or feature offered as part of the services, including but not limited to any post, blog, groups, email or instant messaging features that allow you to post, submit, post, display, perform, share and/or view User Content and/or post, share or exchange User Content with other members. Unless otherwise stated in our Privacy Policy, all communications in a social forum are public and not private communications. You are and are solely responsible for any User Content you upload, post, transmit, transmit, post, share or exchange through any social forum and for the consequences of posting it. The Website/Mobile Application may invite you to discuss or participate in online discussions/chats and other activities and may provide you with the opportunity to create, post, display, submit, perform, publish, distribute or transmit to us or on the website/mobile content and materials, including, but not limited to, text, writing, video, audio, photos, graphics, comments, recommendations, or personal information or other materials (collectively, “content”). Add-ons may be accessed by other users of the website/mobile application and through third party websites. Therefore, any content you submit may be treated as non-confidential and non-proprietary. By creating or providing content, you represent and warrant that: 1. The transmission, creation, distribution, public display of your content, and any use, downloading or copying of them, will not infringe or violate any proprietary rights. , including but not limited to any third party copyright, patent, trademark, trade secret or moral right. 2. You are deemed creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Website/Mobile App and other users of the Website/Mobile App to use your content in any prescribed manner way through the Website/Mobile Application and these Terms of Use. 3. You have the written consent and/or permission to use the name or likeness of any identifiable person in your Content for your Content to be included and used in any way subject to the website/mobile application and these Terms of Use. 4. Your content is not false, inaccurate or misleading. 5. Your content is not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation. 6. Your content is not obscene, vulgar, profane, filthy, abusive, harassing, libelous, or objectionable (in our viewpoint). 7. Your content will not ridicule or offensive in nature to anyone. 8. Your content do not violate any applicable laws, regulations or rules. 9. Your content will not violate the privacy or publicity rights of any third party. 10. Your content does not contain material that solicits personal information from persons under the age of 18 or exploits persons under the age of 18 in a sexual or violent manner. 11. Your content does not violate any laws relating to child pornography or otherwise intended to protect the health or welfare of minors; 12. Your contente does not contain offensive comments related to race, nationality, gender, sexual orientation or physical disability. 13. Your content does not otherwise violate or link to material that violates these Terms of Use or any applicable law or regulation. Any use of the Website/Mobile Application in violation of the foregoing violates these Terms and may, among other things, may result in the termination or suspension of your right to use the Website/Mobile Application.
social forum
As a user to our services, you maybe become a part of various online/offline groups and share content/information/data/pictures/videos, etc. with other users as well as a coach/employee, who may be an employee or a contractor of MyHealthBuddy, personnel from an unaffiliated third party service provider or personnel from, or designated by, MyHealthBuddy. We have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. MyHealthBuddy disclaims any perceived, implied or actual duty to monitor social forums and specifically disclaims any responsibility or liability for information provided thereon.
health disclaimer
You should always seek the advice of your qualified healthcare professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/App/Social Media. Reliance on any such content is solely at your own risk.
Results may vary based on each member’s physical health, diet and exercise, an adherence to MyHealthBuddy programmes. We approach fat reduction and overall well being. MyHealthBuddy and its representatives claim no Guarantee of results.
If you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more of the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services and your results can vary in case of following conditions:
· Heart disease
· High blood pressure
· Family history of high blood pressure or heart disease
· Chest pain caused by previous exercise
· Dizziness or loss of consciousness caused by previous exercise
· Bone or joint problems
· Diabetes, high cholesterol, obesity
· Arthritis
· Smoking/Alcohol Consumption
· Sedentary lifestyle
· Lactating (up to 6 months)
· Kidney disease
· Irritable Bowel Syndrome
The list of above conditions is merely indictive and not exhaustive in nature. Please consult your doctor for the same.
You should discontinue such diet/exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
The content provided on or through this Website/ App regarding drug or dietary supplements or products for sale on the Marketplace have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
MyHealthBuddy provides a marketplace to dietitians/health coaches and the joining members/clients of MyHealthBuddy, and MyHealthBuddy is not responsible for any legal issues between the two parties. Neither MyHealthBuddy nor its representatives/coaches are responsible for the results or medical consequences.
You do also hereby release PAMG Healthbuddy Services Pvt. Ltd, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with us.
MyHealthBuddy provides the “pause” facility in limited plans and the information and feature is explained or mentioned on enquiry while selling the plan and not available on all plans/services. You can Pause your plan in case of the following Events subject to mutual agreement between you and MyHealthBuddy: Pregnancy:1Year NaturalCalamity:2months Death of a family member(Only in blood relations): 2 months
community standards and conduct guidelines
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the services, you agree not to:
1. Retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under falsified information.
3. Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.
4. Use the Website/Mobile Application to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Website/Mobile Application.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.
14. “Stalk” or otherwise harass another user or employee of the Services.
15. Access or attempt to access another user’s account without his or her consent.
16. Use the Website/Mobile Application as part of any effort to compete with us or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
17. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Mobile Application.
18. Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.
19. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Mobile Application to you.
20. Delete the copyright or other proprietary rights notice from any content.
21. Copy or adapt the Website/Mobile Application software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
22. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.
23. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
24. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.
25. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile Application.
26. Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the Services (including your ability to contribute to discussions on the social forum or communicate with Coaches and/or other users on MyHealthBuddy and its subsidiaris depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. MYHEALTHBUDDY IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
ANY DISPUTE IS SUBJECT TO THE SOLE JURISDICTION OF GURUGRAM,HARYANA O