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Smit.fit’s Terms of Services

Terms of Service
Last Updated: 01/12/2020

This document is an electronic record in terms of the Indian Contract Act 1872, the Information Technology Act 2000, the rules made thereunder, and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011, which requires publishing of the rules and regulations, privacy policy and terms of service for the access or usage of Platform (as defined hereunder).

AGSC Technologies Private Limited (“Company” or “we” or “us”), is the owner of the website domain at www.smit.fit and mobile application “Smit.fit” available at Google Play /Apple AppStore (collectively referred as “Platform”).
Company is offering a Platform which offers its User (as defined below) with health and wellness services. The Company requests the User to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “TOS”) prior to accessing the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally are agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at https://smit.fit/privacy/ (“Privacy Policy”); and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with User in relation to the usage of the Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

Definitions
``Company,`` ``we,`` ``us,`` or our`` means AGSC Technologies Private Limited and any other companies that are its subsidiaries and affiliates.

“Health Navigator” shall refer to the coach and counsellors who have been assigned to the User for enabling the health plan.

``Service(s)`` means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.

“you” or “User” shall mean any registered user of the Platform, or his/her representatives or affiliates who are registered on the Platform.

Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time.

Service(s) provided to Users
Services offered through Platform are as follows:
diverse portfolio of health and wellness services;
personalized health journeys through the state-of-the-art integrated health and wellness program;
personal assistance to achieve the health goals and ensure adherence to the medical advice given by User’s physician;
various other services as made available by us in the Platform.

Kindly note that the list provided herein is not exhaustive. The Services may vary as per the plan which you have subscribed.

The aforementioned Services shall be provided through Company, or through its associated partners (which includes consultants, vendors, third party service providers etc.).

Company is offering the Platform for the usage of the User(s) who are residing in India and Company expects that the Services shall be availed only by the User (s) residing in India. Company disclaims all the responsibilities/liabilities arising out of or in relation to any claim arising out of or in relation to the (a) usage of the Platform outside the territory of India; (b) availing Services from outside the territory of India. In the event if User breaches the aforesaid condition, User hereby agrees to defend, indemnify and hold Company, its directors, employees, successors, assigns harmless from any claims arising out of or in relation to the breach of the said condition in relation to the usage of the Platform.

Eligibility
By using Platform, you affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ``incompetent to contract`` within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform.

User Account Registration
Users who are at least eighteen (18) years of age may create an account and purchase the Services. Any purchase of Services by anyone under eighteen (18) is expressly prohibited and by doing so you represent and warrant that you are eighteen (18) years or older. In order to use the Platform, you have to create an account (“Account”) and in order to avail Services, you need to subscribe to a plan which is made available to the User in the Platform (“Plan”).
You can create Account by logging into your account with certain third-party social networking websites (“SNS”) including, without limitation, Apple and Google, a “Third Party Account”, via our Platform, as described below:
As part of the functionality of the Platform, you may link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to Platform and/or grant Platform access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers.
By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS Content, if any, will be considered to be User’s data for all purposes of these TOS. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform.
Please note that if a Third-Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be disrupted.
Please note that your relationship with any third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content. In the event if any of the parent/guardian intends to create Account for the usage of minor `{`who has attained minimum age of twelve (12) years`}`, parent/guardian of such minor can create an Account for and/on behalf of such minor to facilitate the usage of the Platform for such minor. However, such parent/guardian hereby agrees and acknowledges that he/she shall be solely and jointly responsible for the acts/omissions of such minor.
Platform License
Subject to your compliance with the Terms and Conditions, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.

Fees and Cancellation Policy
I. The usage of the Platform is free of cost for the first thirty (30) days (“Trial Period”).
II. Post expiry of the Trial Period, User can choose to pay for either of the Plans provided by the company from time to time. Payment against plans can be made by online mode through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform.
III. The user will be provided a defined cancellation period of seven (7) days to cancel the payment.

Use of Your Information and Content and other content displayed on the Platform
If You create, transmit, submit, display or otherwise make available any information while using the Service, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference.
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Service(s) pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
Third Party Services
The Company shall provide Users to connect with third party vendors. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.

Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that you may have violated the Terms of Use), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of eighteen (18) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Alerts Provided by The Company
The Company provides you with multiple automatic alerts while providing Service.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
Obtaining feedback in relation to Platform or our Services; and/or
Obtaining feedback in relation to any other Users listed on the Platform; and/or
Resolving any complaints, information, or queries by other Users regarding your Critical Content; and/or
You agree to provide your fullest cooperation further to such communication by Company.

By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.

Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.

Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
Any unlawful activities in the Platform which are prohibited by laws of India.

The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least ninety (90) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

Support
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at customersupport@smit.fit. In some regions or associated with certain partners, we may direct you to obtain support from third party service providers. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems, which you may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
Termination
We may terminate your usage of the Platform at any time for any reason, including breach of the terms and conditions of the TOS. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service and Platform; or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay in performance of Service (s) or failure to meet its obligations under this TOS, which may be caused, directly or indirectly, due to:
Your failure to cooperate;
Your unavailability and/or unresponsiveness;
Your failure to provide accurate and complete medical records;
Your failure to provide or facilitate the submission of, medical records or samples in a proper and timely manner;
any event beyond Company’s reasonable control including, but not limited to, due to any force majeure event.

It is important to state that the Company through its Platform or through any other means, does not provide any kind of medical advice or instructions. Company acts as a guide to ensure that you have a healthy lifestyle, adhering to instructions offered by your medical physician. Company shall not be liable for any losses/claims/injuries, which may occur on account of the medicines/diets/other advice prescribed by any third party (including your physician).

The User acknowledges that the information disclosed to User by Company or Health Navigators, as a part of rendering the Services may not be a substitute for a doctor's medical judgment or advice. The Company recommends that the Users discuss their specific, individual health concerns with their respective doctor or health care professional.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts.

Miscellaneous
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Service and usage of Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect. All notices under the TOS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Janahvi Pandey
Email ID: janahvi@smit.fit
Phone: +91-9321551042
Address: 91 Springboard Business Hub Private Limited,
74/II, “C” Cross Road, Opp Gate No 2, Seepz,
Andheri East, Mumbai, Maharashtra 400093

We shall ensure that the Grievance Officer acknowledges the receipt of any consumer complaint within forty-eight (48) hours and redress the complaint within one (1) month from the date of the receipt of the complaint/grievance.

Contact
If you have any questions regarding the Service, please contact Company at customersupport@smit.fit. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.

Terms and conditions | Smit.fit

PLEASE GO THROUGH THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT” OR “TOS” OR “TERMS”) PRIOR TO ACCESSING THE PLATFORM OR AVAILING SERVICES (AS DEFINED BELOW) USING THE PLATFORM. BY REGISTERING, ACCESSING, OR OTHERWISE CONTINUING TO BROWSE AND USE THE PLATFORM TO AVAIL SERVICES, YOU ARE IRREVOCABLY AND UNCONDITIONALLY AGREEING TO COMPLY WITH, ABIDE BY, AND BE BOUND BY ALL THE OBLIGATIONS AS STIPULATED IN THIS AGREEMENT, WHICH READ TOGETHER WITH OUR PRIVACY POLICY AVAILABLE AT https://smit.fit/privacy AND ANY OTHER VARIATIONS THEREOF, AVAILABLE ON THE COMPANY’S PLATFORM (“PRIVACY POLICY”); AND ANY OTHER APPLICABLE POLICIES REFERRED TO HEREIN OR MADE AVAILABLE ON THE PLATFORM INCLUDING, BUT NOT LIMITED TO ANY GUIDELINES OR RULES APPLICABLE TO THE PLATFORM (COLLECTIVELY REFERRED AS “TERMS AND CONDITIONS”) CONSTITUTE YOUR TERMS OF USE RELATING TO THE PLATFORM.

 

AGSC TECHNOLOGIES PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT 91 SPRINGBOARD, 74/II, “C” CROSS ROAD, OPP. GATE NO 2, SEEPZ, ANDHERI EAST, MUMBAI- 400093  (“COMPANY” OR “WE” OR “US”), IS THE SOLE OWNER OF THE WEBSITE DOMAIN HOSTED AT https://smit.fit/      (THE “WEBSITE”) OFFERED AS A SERVICE (“PLATFORM AS A SERVICE OR PAAS”) AND MOBILE APPLICATION BEARING THE NAME “Smit.fit     ” (THE “APP”) MADE AVAILABLE ON GOOGLE PLAYSTORE/APPLE APPSTORE TO THE USERS, (HEREINAFTER REFERRED TO AS “YOU”, “YOUR” OR “USER”) OF THE WEBSITE AND THE APP (HEREINAFTER COLLECTIVELY REFERRED AS THE “PLATFORM”). THE PLATFORM OFFERS INTEGRATED HEALTH AND WELLNESS SOLUTIONS FOR MANAGEMENT OF CHRONIC CONDITIONS LIKE DIABETES, SEVERAL ASPECTS OF HEALTH AND WELLNESS COACHING, AND DIGITAL AND OFFLINE CHANNELS, RENDERED THROUGH A COMBINATION OF THE MANAGED SERVICES OFFERED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ACCESS TO LIBRARIES, HEALTH AND LIFESTYLE DATA RECORDING, AND PERSONALISED HEALTH AND WELLNESS PLANS OFFERED BY US DIRECTLY OR ALONG WITH OUR PARTNERS (“MANAGED SERVICES”). IN ADDITION TO THE MANAGED SERVICES, WE ALSO FACILITATE OUR PARTNERS TO OFFER LABORATORY TESTS, CONSULTATIONS AND EFFECT SALE OF MEDICAL DEVICES, AND SIMILAR SERVICES THROUGH OUR PLATFORM (“PARTNER SERVICES”). ,MANAGED SERVICES AND PARTNER SERVICES ARE HEREINAFTER COLLECTIVELY REFERRED TO AS (THE “SERVICE(S)”).

 

THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY WHILE USING THE PLATFORM AND SHALL GOVERN THE COMPANY’S RELATIONSHIP WITH YOU IN RELATION TO THE USAGE OF THE PLATFORM AND SERVICES. BY USING OR ACCESSING THE PLATFORM OR AVAILING THE SERVICES, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS OF SERVICE EITHER IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORISED REPRESENTATIVE OF A THIRD PARTY (DEFINED BELOW). IN FURTHERANCE OF THE FOREGOING, YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. YOUR USE OR ACCESS TO THE PLATFORM AND ANY REGISTRATION ON THE PLATFORM SHALL BE DEEMED TO BE YOUR CONSENT TO THESE TERMS OF SERVICE. BEFORE PROCEEDING, YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY IS A MERE FACILITATOR FOR ALL INSTANCES OF PARTNER SERVICES AND THE PARTNER SERVICES ARE AVAILED BY YOU DIRECTLY THROUGH THE PARTNER IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORISED REPRESENTATIVE OF A THIRD PARTY.

 

IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CAPTURED HEREIN, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

 

 

  1. PLATFORM SUITABILITY

     

    1. The Platform facilitates Services through third-party sellers, laboratory practitioners, medical consultants, coaches, and counsellors who are registered on the Platform and assigned to the User for enabling health plan wellness and medical assistance, and effect sale and purchase of medical equipment enlisted on the Platform (the “Partner(s)”).
    2.  

    3. The Platform is designed only to be used to help a suitable subset of Users who are voluntarily availing the Services through the Platform and do not fall within the category of Restricted Users, as set out in Section 1 (c) of these Terms. Regardless of whether the User is independently availing the Services, has been referred to the Platform by a third-party medical practitioner, not being a Partner, or has been referred to the Platform by a Partner, User will have to undertake on the Platform that they are  above 18 years of age and do not have any medical conditions which would make them Restricted Users. User will further have to furnish a copy of their prescription from the third-party medical practitioner and in the absence thereof, would have to avail a prescription from the Partner, to avail certain Services, including medical devices and pharmaceutical drugs over the Platform, which cannot be sold without such prescription under applicable law.
    4.  

       

    5. By using the Platform, you understand that the medical conditions set out in the table herein below require deeper monitoring and medical care and attention (“Serious Medical Condition(s)”) and if you or any individual, on whose behalf, you are availing the Services suffers from any Serious Medical Condition(s) (“Restricted User(s)”), you understand that the Platform and Services offered herein are not fit for Restricted Users’ use and should not be availed by Restricted User(s).
    6.  

      Serious Medical Condition(s)

       

      Diabetes Patients with Type 1 Diabetes, Gestational Diabetes Mellitus (“GDM”), Secondary diabetes (drug-induced diabetes), by way of steroids, chemotherapy, etc.
      Circulatory Congestive heart failure (“CHF”), Endocarditis
      Hepatic Cirrhosis, alcoholic liver conditions, Ascites, Portal hypertension
      Respiratory Fibrosis, Cancer, Pulmonary oedema
      Gynaecology Pregnancy, Cancer
      Renal CKD, Nephrotic Syndrome
      Gastro-Intestinal Pancreatitis, Cancer
      Orthopaedic Rheumatoid Arthritis
      Nervous System Dementia, Alzheimer, Multiple sclerosis
      Autoimmune System All types of cancers, Myasthenia Gravis (“MG”)
      General People with a combination of the abovementioned Serious Medical Conditions and comorbidities
      Mental Health Conditions People with suicidal tendencies or aggravated mental conditions, border-lining on suicide.

       

    7. If you directly access the Platform, You may request us to explain the Services to You. In this regard, a Company facilitator (the “Health Coach”) will carry out an introductory discussion with you to explain the Services offered through the Platform and You may, in your sole discretion and judgment, determine the fitness of the Platform and Services for your usage and purpose.
    8.  

    9. In addition, even if You are determined to be eligible to utilize the Platform, the Health Coach may, during the course of your use of the Platform, determine that your medical condition and/or treatment requires an in-person examination or a procedure or third-party medical practitioner and/or that the Platform is otherwise not appropriate for You. In such a case, You may receive a notice from your Health Coach notifying You that you should seek medical advice, without any justifications.
    10.  

    11. The Company reserves its right to refuse access to the usage of the Platform to any old or new Users, in its sole discretion, without assigning any reasons.
    12.  

  1. PLATFORM IS A FACILITATOR

     

    1. The Platform is a mere aggregator/ facilitator helping Users connect with Partners providing Services through the Platform.
    2.  

    3. The Company also hosts a blog that is available to all Users of the Platform without any payment of additional Fees (defined below).
    4.  

    5. Please note that any advice of the Partner and provision of Services by the Partner and any other matters arising thereunder is an understanding between You and the Partner. You understand and agree that the Platform is only a facilitator and warrant that You are voluntarily availing the Services and it is Your sole responsibility and liability to verify the veracity of the Services or Partners.
    6.  

  1. ELIGIBILITY

     

    1. By using the Platform and de-facto accepting the Terms and Conditions, You affirm that: (i) You are at least eighteen (18) years of age and are fully able, eligible, authorised, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein; (ii) Registration on the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872; (iii) You have not previously been suspended or removed from the Platform or availing the Services; (iv) Your registration and your use of the Service is in compliance with all applicable laws and regulations; (v) You are physically located within the jurisdiction of India; (vi) You are not attempting to use the Service on behalf of any governmental unit; and (vii) You are not misrepresenting or providing any incomplete, inaccurate or deceptive information.
    2.  

    3. By using this Platform, You represent and warrant that You have the right, authority, and legal capacity to enter into this Agreement, such that You are not disqualified by any applicable laws; You are required to submit relevant personal information, as defined under the Privacy Policy to us (“Personal Information”) and You are not prohibited or prevented or temporarily or indefinitely suspended by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority.
    4.  

    5. The Platform and the Services are designed to be compliant with the laws of India. If You access our Platform or avail any Services from locations outside India, You do so at your own risk and You are solely liable for compliance with applicable local law. You agree to indemnify the Company on account of any claims arising out of a breach in relation to this Section 3 (c).
    6.  

  1. USER ACCOUNT REGISTRATION

     

    1. Subject to Your eligibility as per the foregoing Section 3, You may use the Platform and Services. To avail the Services, You must register for an account (“Account”). You can create an Account by using your email ID/phone number.
    2.  

    3. Post entering your details (email ID/phone number) on the Platform, a one-time verification shall be conducted by the Company by way of a one-time password made available to You on your phone number, email address, via a phone call, or in any other manner, deemed feasible by the Company. Post verification, your Account shall be created, and You may be required to share additional information to avail the Services, in accordance with the Privacy Policy. Company retains the right to conduct additional verifications if it deems appropriate and the User agrees to comply with the same from time to time.  Further, You can create an Account by logging into your account with certain third-party social networking websites (“SNS”) including, without limitation, Apple, Google, or similar third-party websites via our Platform (each, a “Third Party Account”).
    4.  

    5. As part of the functionality of the Platform, You may use your Third-Party Account to create an Account on the Platform or link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing the Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that You are entitled to disclose your Third-Party Account login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such SNS.
    6.  

    7. By granting Company access to any Third-Party Account, You understand that the Company will access, make available and store (if applicable) any content that You have provided to and stored in your Third-Party Account so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS content, if any, will be considered to be User’s data for all purposes of these Terms and Conditions. Depending on the Third-Party Accounts You choose and subject to the privacy settings that You have set in such Third-Party Accounts, Personal Information that You post to your Third-Party Account will be available on and through your Account. Please note that if a Third-Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the SNS, then SNS content will no longer be available on and through the Account or the Platform. You have the ability to disable the connection between your Account and your Third-Party Account, at any time, by accessing the “Settings” section of the Platform. However, under such circumstances, the Services may be disrupted.
    8.  

    9. Please note that your relationship with any SNS associated with your Third-Party Accounts is governed solely by your agreement(s) with such SNS. Company makes no effort to review any SNS content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS content.
    10.  

    11. If You are a service provider and if You are using or opening an Account on behalf of any individual entity, or organization (“Third Party”), then You represent and warrant that You are an authorized representative of that Third Party with the authority to bind such Third Party to these Terms of Service and agree to be bound by these Terms on behalf of such Third Party.
    12.  

    13. You are solely responsible for maintaining the confidentiality of Your Account and password. You agree to accept responsibility for all activities that occur under Your Account. You agree that the information You provide to the Company at the time of registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. If You have reason to believe that your Account has been compromised or corrupted or is no longer secure, then You must immediately notify us at customersupport@smit.fit.
    14.  

    15. We reserve the right to take any and all action, as deemed necessary in our sole discretion, regarding the security of our Platform and your Account and password information. Under no circumstances will the Company or any of its officers, directors, employees, consultants, agents, suppliers and customers associated with the Service, or any affiliated individuals or entities, including but not limited to the Health Coaches and/or any professional corporation that employs or contracts with any Health Coach es be held liable to You for any liabilities or damages resulting from your failure to comply with these Terms and Conditions, including any failure by You to keep Your Account and password or other information secure and confidential.
    16.  

    17. The Company may hold You liable for losses incurred by it or any other User or visitor due to authorized or unauthorized use of Your Account or as a result of Your failure to keep Your Account and password confidential.

 

  1. PLATFORM LICENSE

     

    1. Subject to your compliance with the Terms and Conditions, Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license: (a) to view, download and print any content on the Platform solely for your personal and non-commercial purposes; and (b) to access, modify, edit and download any content, to which You are permitted access to, solely for your personal and non-commercial purposes, only in connection with your use of the Service (the “Subscription”).
    2.  

    3. The Company may terminate this authorization at any time for any or no reason. After any termination, these Terms and Conditions, including all of your obligations under these Terms and Conditions prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Platform.
    4.  

  1. PROHIBITED CONDUCT

     

    1. In consideration for access to the Platform and Services, You agree not to:

       

      1. Copy, adapt, modify duplicate, download, publish, modify and distribute material on the Platform unless specifically authorized by the Company in this regard. You undertake not to establish any deep link or attempt to circumvent the Platform or establish any other connection to any specific page of the Platform other than the home page without obtaining prior consent of the Company.
      2.  

      3. Use the Services or the Platform for any purpose that is illegal, unlawful or prohibited by these Terms and shall not violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;
      4.  

      5. Carry any actions which are offensive or invasive to the any person, User’s, visitors or third party, such as any content posted by You or through your Account (“Content”) that promotes racism, incites hatred or physical harm of any kind against any group or individual;
      6.  

      7. Use of photographs which are unidentifiable, or may mislead or may misrepresent You in any way or may purport false identification;
      8.  

      9. Promote information that You know or have knowledge of the same as false, untrue, misrepresentation, false assertions or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous to any Users, or officials or representatives of Company;
      10.  

      11. Display pornographic, obscene or sexually explicit material of any kind on the Platform;
      12.  

      13. Display any Content that may be harmful to minors or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation or is ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;
      14.  

      15. Harass, threaten, disrupt or harm any other Users or officials or representatives of Company or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
      16.  

      17. Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform;
      18.  

      19. Use Platform in any manner that threatens or is likely to threaten the integrity, performance or availability of the Services or the Platform;
      20.  

      21. Reverse engineer, recompile, extract the source code, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use this Platform as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work on the Platform;
      22.  

      23. Collect or solicit information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose, including for unauthorised commercial solicitation purposes;
      24.  

      25. Use the Platform in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other User’s or Third Party’s access to and enjoyment of the Platform;
      26.  

      27. Use the Platform in any manner that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane;
      28.  

      29. Avoid payment of Fees;
      30.  

      31. Use the Services or Platform;
      32.  

      33. Remove any trademark or proprietary notices contained in the Service.
    2.  

    3. Non-compliance with the foregoing Section 6 (a) may lead to immediate deletion or blocking of your Account. Company may rescind your Subscription without any provisions for refund of your Subscription Fees. The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of the foregoing Section 6 (a). Company shall also be entitled to preserve such information and associated records for at least ninety (90) days for production to governmental authorities for investigation purposes.
    4.  

    5. We may disclose or transfer User-generated information or Content to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or Personal Information including any information, to any other body corporate or a person located within the territory of India, or located in any other country, that ensures the same level of data protection that is adhered to by us in accordance with our Privacy Policy, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

 

  1. PARTNER SERVICES

     

    1. In order to avail the Services on the Platform which are not covered in the Subscription, such as booking lab tests or teleconsultations, the User shall be required to pay the respective fee for such Service. The User may book such Service by paying the fee for the Partner via the Platform, through the Payment Gateways (defined below) hosted on the Platform (the “Fee(s)”), subject to the Company’s refund and cancellation policy (the “Refund and Cancellation Policy”).
    2.  

    3. It is clarified that the Users are booking and availing such Services at their own risk and the Platform is merely facilitating the same. Accordingly, the Company shall not be responsible for any acts or omissions of the Partner who will be providing the Services, including without limitation and loss or damage caused to the Users.
    4.  

    5. No User shall use the Services for any commercial or resale purpose. If any such unauthorised use of any of the Services is detected, Company reserves the right, including without limitation, to cancel all such bookings made immediately without any notice to such User and also to withhold payments or any refunds thereto and to terminate the Account of the applicable User.
    6.  

    7. All discounts and offers mentioned on the Platform are applicable to the Users only through their legitimate use of the Services and Platform. The discounts mentioned for any Services facilitated through Platform are subject to these Terms and Conditions and also the terms and conditions of the Partner who provides the Services. It is hereby clarified that the discounts on the Services that are not provided or offered on the Platform are offered directly by the Partner and not by the Company. The Company and/or the Partner reserve the right to disqualify any transaction or extend, cancel, discontinue, prematurely withdraw, change, alter or modify this discounts and offers or any part thereof including the eligibility criteria and other pertinent terms and conditions relating to the discounts and offer at their sole discretion at any time as may be required and the same shall be binding on the User(s) without prior notice to the Users, including for purchase of Services in consonance with such discounts.
    8.  

    9. Payment for the Services may be processed through the third-party payment service providers (“Payment Gateway(s)”). By purchasing any Services through the Platform, the User hereby consents and agrees to abide by such Payment Gateway’s applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the Payment Gateway. In the event such Payment Gateway’s customer terms and conditions or privacy policies are not acceptable to You, please do not purchase such Services through the Platform.
    10.  

    11. Any purchased Services may not be available to the User through its Account for use in the event that such User’s Account is deleted or suspended or otherwise terminated in accordance with this Agreement.
    12.  

    13. The User agrees to read and understand the description, terms and conditions of the Service and the Partner’s terms before booking the Service and abide by the same. If the User is booking the Service on behalf of a dependent (person under eighteen years of age or permissible legal age in accordance with the applicable laws), the User agrees to have taken consent of the dependent before sharing information and availing the Services through the Platform.
    14.  

    15. The User warrants that it will comply with all applicable laws, guidelines, rules and regulations of the concerned jurisdiction regarding use of the Services for each transaction.
    16.  

    17. Notwithstanding anything to the contrary contained herein, User alone shall be liable for dealings and interaction with the Services or features offered by the Partner through the Platform, and the Company shall have no liability or responsibility in this regard.
    18.  

    19. As part of the Services on the Platform, the Company will facilitate the connection between You and the Partner.
    20.  

  1. TELEMEDICINE SERVICES

     

    1. Telemedicine Services involve the delivery of healthcare using electronic communications, information technology or other means between the Partner and a User, who are not in the same physical location. While the provision of telemedicine Services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine Services.
    2.  

    3. You acknowledge that You have the necessary information and based on the same, You provide Your consent, authorization for the Partner, associated doctors, assistants to provide remote telehealth Services, including use of the Platform offered by Company.
    4.  

    5. You understand that You may withdraw your consent and discontinue treatment at any time, however, Company may not provide You with the Services in such cases. Company may suspend your Account or terminate your access to the Service if You withdraw consent.
    6.  

    7. You acknowledge that the Partner has informed You of alternative methods and therapies to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any. You understand that the proposed telemedicine treatment has certain material risks / complications and have been provided with the requisite information about the same, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention, including by way of medical negligence.
    8.  

    9. You also confirm that the Partner has answered all questions to your satisfaction regarding the proposed treatment or Services, however, that despite best efforts there can be no assurance about the results or outcome of the proposed treatment / intervention and that You have not been given any guarantee or warranty about the results or outcome of the proposed treatment / intervention.
    10.  

    11. In order to utilize all features of the Platform, You will be required to provide consent to the use of telemedicine Services from a Partner. If You have not provided consent for the Services, the Company reserves the right to disable your Account and access to or use of our Platform.
    12.  

    13. You should seek emergency help or follow-up care when recommended by a Partner or when otherwise needed and continue to consult with your primary care physician and other healthcare professionals as recommended, in addition to the Partner.
    14.  

    15. Among the intended benefits of our Platform are improved visibility to healthcare professionals and convenience. However, as with any healthcare service, there are potential risks associated with the use of telehealth Services. These risks include but may not be limited to: (i) in rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the Partner; (ii) Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, You may be contacted by phone or other means of communication; (iii) In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycaemic events, allergic reactions or other judgment errors, including those amounting to medical negligence by the Partner.
    16.  

    17. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of Personal Information, including health information, security protocols can fail or be breached, causing a breach of privacy of such information.
    18.  

    19. By accepting these Terms, You acknowledge that You understand and agree with the following: (i) Although You may reasonably expect the intended benefits from the use of the Services, no benefits or results can be guaranteed or assured; (ii) You understand that the laws that protect the privacy and security of health information may apply to aspects of the Services, and You have read the Privacy Policy, which describes these protections in greater detail; (iii) The Health Coach or Partner, in its sole discretion, may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth Services to You through the Service; (iv) You undertake to report any instance of non-compliance of applicable law, as part of the consultation with Health Coach, Partner and other processes or systems on the Platform under applicable laws, at the earliest to Company and provide your fullest cooperation and support to fulfil reporting obligations applicable to us; (v) Wherever applicable, your use of our Platform in addition to these Terms and the Privacy Policy is also governed by the contract entered into between You and the Partner.

 

  1. MEDICAL EQUIPMENT

     

    1. The Partner, in its capacity as a registered medical practitioner, may prescribe use of medical equipment on the Platform, including medical supplies, which may be supplied by the Companybased on the Partner’s diagnosis and prescription.
    2.  

    3. The timing, amount, quantity and terms of all such supplies shall be at the Partner’s sole discretion.
    4.  

    5. Refusal by Partner to provide additional supplies shall not relieve Users of their obligation to pay the Fees specified for the Service on the Platform. By accepting these TOS, You agree that all supplies provided to You in connection with the Platform are for your personal use only and not for resale. If You dispense any of these supplies to others, including for resale, You acknowledge and agree that such breach of these TOS is likely to cause irreparable harm as a result of Company’s contracts with Partners that proscribe resale.

 

  1. MANAGED SERVICES SUBSCRIPTION MODEL
  2.  

    In the event You have opted for a managed Services model, You explicitly agree that upon termination of the Services in accordance with these TOS, You will promptly return all supplies furnished to You in connection with the Services to the Company or the Partner, as the case may be, other than consumable products. Should You fail to promptly return them, You will be obligated to pay for such supplies at the then current replacement cost, not to exceed INR 100,000 (One Lakh).

     

  1. THIRD PARTY LINKS

     

    1. The Platform may contain links or advertisements of third parties, in addition to links or advertisements of Partners or Services or Payment Gateways. Any transaction, dealings or communication otherwise that the User may have with such third parties or Partner are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the Services of such third parties, Partners or Payment Gateways. User may be redirected to a third-party website upon clicking on such links, these third-party websites will be governed by the third-party’s privacy policy and terms of use. We urge that the User read, understand and accept the third party’s terms of use and privacy policy.
    2.  

    3. The Company shall not be responsible for any transaction or dissemination of information by the User that may take place while accessing these third-party websites, including Partner websites and Payment Gateways. The Company shall not be held liable to any User or third party with respect to the Services rendered by such third parties, Partner or Payment Gateways. Company hereby disclaims all liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any third- party service provider, including the Partner or Payment Gateways.

 

  1. FEES

     

    1. User may avail the Services by availing one of the subscription/payments plan available on the Platform, such payment may be made directly via the Platform. Payment of Fees can be made online through credit card/internet banking etc. or any mode of payment which is made available to the User on the Platform, including through Payment Gateways.
    2.  

    3. Our Services can be availed through either paying one of the Subscription Plans for Managed Services and/or by availing individual Partner Services through on-top purchases, facilitated through the Platform. . Once you choose a Plan, You will be billed on a periodic basis (“Billing Cycle”). The Billing Cycle can      typically be on a monthly/quarterly/annual      basis but is subject to change based on the Plan availed by You. We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Subscription including but not limited to the period, rate, Services included in the plan. Further, we may, in our sole discretion, give You notice of any change made to the features of the Subscription or Plan prior to the expiry of your current Billing Cycle.
    4.  

    5. Once You subscribe to a plan, the auto-renewal feature may beautomatically activated. In order to cancel the auto-renewal feature You may do so by modifying your Account settings, in which case You may avail Services till the end of the applicable Billing cycle.
    6.  

    7. We may change the Fees charged to You, provided that, for Subscription, the change will become effective only at the end of the then-current Billing Cycle of your Subscription.
    8.  

    9. At the sole discretion of the Platform, certain features of the Platform and blogs can be made      available on the Platform to any User free of charge. Further, we may grant You access to trial coaching sessions and other paid activities free of charge as a part of our promotional/trial feature. The grant of such access to the User is solely at the discretion of the Company and we may revoke any such access granted as a part of the trial/promotional feature without any prior notice to the User.

 

  1. CANCELLATION AND REFUND POLICY 

    Please refer to our Cancellation Policy available below on this page. Our Cancellation Policy is hereby incorporated into these Terms of Service by reference.

 

  1. USE OF YOUR INFORMATION AND OTHER CONTENT DISPLAYED ON THE PLATFORM

     

    1. If you create, transmit, submit, display or otherwise make available any information while using the Services, You may provide only information that You own or have the right to use. We may only use the information You provide as permitted by our Privacy Policy and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your Personal Information. Our Privacy Policy is hereby incorporated into these Terms of Service by reference.
    2.  

    3. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, including all Content, pursuant to our internal record retention and/or destruction policies. We may/may not make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data, including any Content to be permanently deleted, irretrievable, or temporarily inaccessible and commit to no service levels or uptimes, in this regard.
    4.  

    5. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith believe that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms and Conditions; (iii) respond to claims that any of your usage of the Platform violates the rights of third parties; (iv) detect, prevent, or otherwise address fraud, security or technical issues; or (v) protect the rights, property, or personal safety of the Platform, its users, or the public.

 

  1. INTELLECTUAL PROPERTY RIGHTS

     

    1. All the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform (including any content uploaded by the Company) and Feedback are owned by Company and its affiliates or subsidiaries as the case may be. The Company respects copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any User Content or details on the Platform that violates another person’s proprietary rights.
    2.  

    3. All materials on this Platform, including but not limited to the content of the Company and Services, is protected by copyright under the copyright laws. You cannot use the Platform or the content of the Company, except as specified herein and any Services, except as specified under the applicable Partner’s terms. There may be a numberof proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

 

  1. TAKEDOWN POLICY

     

    1. The Company respects the intellectual property of others and asksthat our Users do the same. Although the Company is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable.
    2.  

    3. If You believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide us with the following information: (1) confirmation You are owner or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that You believe use of the work is not authorized.
    4.  

    5. If your work is removed due to infringement and You believe it is not infringing, please provide us with (i) confirmation You are owner, or authorized to represent owner of intellectual property, and (ii) identification of removed content and description, and (iii) statement of good faith regarding ownership of the intellectual property, and (iv) your contact information. Please contact us atcustomersupport@smit.fit (Subject line: Takedown Request).
    6.  

  1. DISCLAIMER

     

    1. THE COMPANY PROVIDES A TECHNOLOGY PLATFORM THAT FACILITATES THE SERVICES AND ENABLES YOU TO CONNECT WITH MEDICAL PRACTITIONER AS PARTNERS AND AVAIL THE SERVICES. IT IS PERTINENT TO NOTE THAT THIS PLATFORM IS NOT THE USER’S HEALTHCARE PROVIDER OR DOCTOR OR MEDICAL EXPERT AND DOES NOT PROVIDE USER ANY MEDICAL ADVICE, OR TREATMENT THROUGH THE PLATFORM, NOR ENDORSES, WARRANTS OR GUARANTEES THE SAFETY, ACCURACY, EFFECTIVENESS AND APPROPRIATENESS OF ANY MEDICAL ADVICE, DIAGNOSIS, MEDICAL TREATMENT OR PRESCRIPTION FURNISHED BY A PARTNER, INCLUDING BY WAY OF SERVICES. WITHOUT PREJUDICE TO THE GENERALITY OF THE ABOVE, THE COMPANY IS ONLY A FACILITATOR, NOT INVOLVED IN PROVIDING ANY HEALTHCARE OR MEDICAL ADVICE OR DIAGNOSIS OR INSURANCE BUSINESS AND FACILITATES PROVISION OF SERVICES ONLY IN RELATION TO NON-EMERGENCY MEDICAL CARE, AND HENCE IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN THE USER AND THE PARTNER. WHILE THE PLATFORM FACILITATES ACCESS TO CERTAIN PARTNER SERVICES FOR NON-EMERGENCY MEDICAL CARE, COMPANY CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. DO NOT USE THE PLATFORM OR SERVICES FOR MEDICAL IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL THE CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY.
    2.  

    3. THE PARTNER SERVICES OF THE MEDICAL PRACTITIONER ARE NOT DESIGNED TO OFFER SUPPORT IN CRISIS SITUATIONS – INCLUDING WHEN AN INDIVIDUAL IS EXPERIENCING THOUGHTS OF SELF-HARM OR SUICIDE, OR IS SHOWING SYMPTOMS OF SEVERE CLINICAL DISORDERS SUCH AS SCHIZOPHRENIA AND OTHER PSYCHOTIC CONDITIONS. IN THESE CASES, THE INDIVIDUAL WOULD QUALIFY AS A RESTRICTED USER AND IN-PERSON MEDICAL INTERVENTION IS THE MOST APPROPRIATE FORM OF HELP. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONSULTATION AND PARTNER SERVICES RENDERED BY A MEDICAL PRACTITIONER TO YOU THROUGH THE PLATFORM. THE PLATFORM IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE.
    4.  

    5. THE PLATFORM AND ALL COMPANY MATERIALS AND ALL CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL COMPANY MATERIALS AND CONTENT AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
    6.  

    7. COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE SERVICES, OR ANY COMPANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE PLATFORM OR SERVICES, YOUR DEALINGS WITH ANY PARTNER OR OTHER USER, AND ANY COMPANY MATERIALS OR ALL CONTENT MADE AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND ACCESS THE SERVICES, DOWNLOAD, OR OTHERWISE OBTAIN COMPANY MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM, OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THE MATERIAL OR CONTENT OR SERVICES.
    8.  

    9. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.
    10.  

    11. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE BLOGS OR ANY CONTENT HOSTED ON THE PLATFORM OR USING THE SERVICES FOR TREATMENT OF ANY SERIOUS MEDICAL CONDITIONS, AS A RESTRICTED USER. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE BLOGS OR ANY CONTENT THEREOF, ANY CONTENT POSTED ON OR THROUGH THE BLOGS, OR CONDUCT OF ANY USERS OF THE BLOGS, WHETHER ONLINE OR OFFLINE OR ARISING OUT OF ANY ACTS OR OMISSIONS OF THE HEALTH COACHES. YOU USE THE BLOGS, THE PLATFORM AND THE SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR BLOGS OFFER ADVICE FROM A VARIETY OF PARTNERS, WHO MAY BE AFFILIATED WITH THE COMPANY OR MAY BE THIRD PARTIES WHO SUBMIT SUCH CONTENT TO THE COMPANY; SUCH ADVICE IS FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE TREATED AS A TREATMENT OR REMEDY OR MEDICAL ADVICE FOR A USER’S INDIVIDUAL CIRCUMSTANCE. COMPANY DOES NOT WARRANT AND DOES NOT PROMISE, NOR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE INFORMATION ON THE BLOG OR ANY SERVICES.
    12.  

    13. WE DO NOT WARRANT THE COMPLETENESS, ACCURACY, GENUINENESS, MERCHANTABILITY, AUTHENTICITY OR CORRECTNESS OF THE CONTENT AVAILABLE ON THE PLATFORM, INCLUDING THE SERVICES. THE CONTENT AVAILABLE ON THE PLATFORM IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE MEDICAL ADVICE OF A PHYSICIAN OR ANY MEDICAL PROFESSIONALS. THE CONTENT IS SOLELY THE REFLECTION OF THE AUTHOR’S VIEWS, THE COMPANY DOES NOT ENDORSE OR PROMOTE THE VIEWS OF ANY AUTHOR OR ANY CONTENT PUBLISHED ON THE PLATFORM. FURTHER, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY MATERIAL SHARED BY THE USER ON THE CHAT FEATURE OF THE PLATFORM, INCLUDING ANY CONTENT.
    14.  

    15. THE COMPANY IS NOT IN THE BUSINESS OF MARKETING, PROMOTING OR SELLING INSURANCE OR INSURANCE RELATED PRODUCTS AND ANY INSURANCE WHICH IS MADE AVAILABLE TO THE USERS OF SERVICES THROUGH PARTNERS RE SOLELY PROVIDED BY THE PARTNER. ANY INSURANCE AVAILED THROUGH PARTNER SHALL NOT BE CONSTRUED TO BE THE SERVICES OF COMPANY AND SUCH SERVICES SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE PARTNER.
    16.  

    17. THE MEDICAL PRACTITIONERS REGISTERED AS PARTNERS ON THE PLATFORM HAVE REPRESENTED TO US THAT THEY ARE DULY QUALIFIED AND LICENSED TO PROVIDE THE MEDICAL PRACTITIONER SERVICES IN INDIA. WE DO NOT MANAGE, CONTROL OR INTERFERE WITH THE PRACTICE OF MEDICINE BY THE MEDICAL PRACTITIONERS, EACH OF WHOM IS RESPONSIBLE FOR THE PROFESSIONAL MEDICAL SERVICES HE OR SHE PROVIDES. THE PARTNERS SELLING MEDICAL DEVICES, PERFORMING LAB TESTS AND OFFERING MANAGED SERVICES THROUGH THE PLATFORM HAVE REPRESENTED TO US THAT THEY ARE DULY QUALIFIED AND LICENSED TO PROVIDE THE APPLICABLE SERVICES IN INDIA. WHILE WE MAKE REASONABLE ENQUIRIES TO CONFIRM THE VERACITY OF THIS REPRESENTATION MADE TO US BY THE PARTNERS, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY MISREPRESENTATION OR FRAUD BY THE PARTNER IN THIS REGARD. WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR PARTNER OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OF THE SERVICES.
    18.  

    19. YOU UNDERSTAND AND AGREE THAT ANY INTERACTIONS AND ASSOCIATED ISSUES WITH THE MEDICAL PRACTITIONER ACTING AS A PARTNER ON THE PLATFORM, ARE STRICTLY BETWEEN YOU AND THE MEDICAL PRACTITIONER. YOU SHALL NOT HOLD THE COMPANY AND/OR THE MEDICAL PRACTITIONER RESPONSIBLE FOR ANY SUCH INTERACTIONS AND ASSOCIATED ISSUES. COMPANY IS NOT RESPONSIBLE FOR ANY OUTCOME BETWEEN YOU AND THE MEDICAL PRACTITIONER YOU INTERACT WITH. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. COMPANY IS NOT AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

 

  1. ALERTS PROVIDED BY THE COMPANY

     

    1. The Company provides You with multiple automatic alerts while providing Services.
    2.  

    3. You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any Third Party, subject to your reliance on an alert.

 

  1. OUR RIGHT TO CONTACT YOU

     

    1. You agree that we may contact You through telephone, email, SMS, or any other means of communication for the purpose of:
    2.  

    3. Informing You about our Services, which You are interested in;
    4.  

    5. Enquiring about your interest to subscribe to the Platform or purchase any Services, for which You have expressed interest;
    6.  

    7. Obtaining feedback in relation to Platform or our Services (“Feedback”);
    8.  

    9. Obtaining feedback in relation to any other Users listed on the Platform;
    10.  

    11. Resolving any complaints, information, or queries related to Services and Platform; and
    12.  

    13. You agree to provide your fullest co-operation further to such communication by the Company.
    14.  

    15. By submitting Feedback, You agree that we can use and share such feedback for any purpose without any compensation to You and we are under no obligation to keep such Feedback confidential.

 

  1. PROFILE OWNERSHIP AND EDITING RIGHTS

     

    We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by You and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your Account. You hereby represent and warrant that You are fully entitled, under applicable law, to provide information as part of your Account or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your Account information in our sole discretion with or without notice to You.

 

  1. INDEMNITY

     

    Users agree to defend, indemnify us and hold us harmless from and against any claims arising out of or relating to: (a) Account or any Content that You submit or transmit on the Platform, (b) Your violation of any rights of any other User or third parties, while availing the Services or using the Platform, (c)  infringement of any third party intellectual property rights, (d) any breach of the terms and conditions of these Terms, (e) any breach or violation of  applicable laws and regulations (f) any breach of representation and warranties made in relation to the Services (g) transactions (present and subsequent) between You and other Users.

 

  1. EXEMPTION AND LIMITATION OF LIABILITY

     

    1. You agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:

       

      1. your failure to cooperate;
      2. your unavailability and/or unresponsiveness;
      3. your failure to provide accurate and complete information;
      4. your failure to provide or facilitate the submission of User materials in timely manner;
      5. any event beyond Company’s reasonable control.
    2.  

    3. The User understands and agrees that we will not be liable for: (i) Users’ interactions and associated issues with any Health Coach or Partner, including any opinion provided based on the information and documentation provided by the User. Any features available on the Platform are provided as a value added service, and the User is free to choose whether or not to obtain any opinion, and if obtained then whether or not to act on the same; (ii) the ability or intent of the Health Coach or Partner, or the lack of it, in fulfilling their obligations towards User, including actual or alleged errors, actions, omissions and representations made; (iii) Any wrong Services delivered or performed or quality of treatment provided by a Partner, or for any instances of medical negligence, misconduct or inappropriate behaviour by the Partner or the Health Coach.
    4.  

    5. In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Platform or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms. In no event shall the Company’s maximum aggregate liability under this Agreement, howsoever arising, exceed INR 500 (One Thousand).

 

  1. ADDITIONAL TERMS FOR BLOG

     

    The Company is committed to keeping this website up to date and accurate. Should You nevertheless encounter anything that is incorrect or out of date, we would appreciate it if You could let us know. Please indicate where on the website You read the information. We will then look at this as soon as possible. Please send your response by email to: tech@smit.fit.

 

  1. SUPPORT, GRIEVANCE REDRESSAL AND NODAL OFFICER

     

    1. The Company offers an email-based support system. In case You require any assistance or support, You may access support resources or contact our support by emailing at customersupport@smit.fit.
    2.  

    3. In addition to the above, in the event of any discrepancies or grievances with regard to the content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via email or in writing.

      Attention: Ms. Janahvi Pandey

      Email ID: janahvi@smit.fit

      Address: 91 Springboard Business Hub Private Limited, 74/II, “C” Cross Road, Opp Gate No 2, Seepz, Andheri East, Mumbai, Maharashtra 400093

    4.  

    5. Furthermore, in furtherance of the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules 2020 nodal officer appointed to ensure compliance with the Act and E-commerce Rules is as follows:

      Name:  Rinku Basu

      Email ID: rinku@smit.fit

      Address: 91 Springboard Business Hub Private Limited, 74/II, “C” Cross Road, Opp Gate No 2, Seepz, Andheri East, Mumbai, Maharashtra 400093

       

    6. The Company will endeavour to revert to every query/complaint, regardless of whether it is made to the customer support, Grievance Officer or Nodal Officer, within forty-eight (48) hours of receipt of the complaint. Further, the Company shall take commercially reasonable efforts to redress the complaint within 30 days of receipt of the complaint.
    7.  

    8. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company.

 

  1. TERMINATION

     

    1. This Agreement shall be valid, effective and subsisting during your Subscription to our Platform. If You are a visitor, this Agreement shall apply to You, so long as You are accessing our Platform.
    2.  

    3. You understand that You may terminate or cancel Your Subscription at any time by deleting the Account or upon expiration of Your Subscription plan, provided You have not renewed the Subscription for another Billing Cycle. In the event You terminate or cancel Your Account, You understand that You shall not be entitled to any refund or reimbursement for any unutilized Subscription Fees. In addition to the foregoing, all the Content posted through Your Account shall be deleted and cannot be revived back. Further, Company may at any time, terminate your Account or your access to the Platform and Services, in the event You:

       

      1. You breach any terms and conditions of these Terms or;
      2. You have used the Platform for business or commercial transaction or used automated or other means to send bulk messages.
      3. You have engaged in or used the Platform in an unprofessional or illegal manner or in any manner to dupe, lure, defraud other Users.
      4. You have engaged or conducted in prohibitive or inappropriate communication with the other Users not limited to usage of unprofessional language, misrepresenting yourself.
      5. Company is required to do so under applicable law.
      6. If the Partners terminate their relationship with the Company or have ceased to offer the Services to the Users, through the Platform.
      7. Company chooses to discontinue the Services provided through the Platform.

       

  1. FORCE MAJEURE

     

    Under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, lockdowns, pandemics or any other similar events.

     

  1. GOVERNING LAW

     

    Each Party will comply with all laws, rules, and regulations applicable to this Agreement. This

    Agreement shall be governed in accordance with the laws of India without giving effect to its principles regarding conflicts of law. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts.

 

  1. MISCELLANEOUS

     

    1. Entire Agreement:The Terms and Conditions are the entire agreement and understanding between You and Company with respect to the Services and usage of Platform.
    2.  

    3. Severability:If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
    4.  

    5. Non-Waiver:The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6.  

    7. Assignment:The Terms and Conditions are personal to you and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without your consent.
    8.  

    9. No Agency:No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

  1. PUBLICATION OF TERMS OF SERVICE

     

    These Terms of Service are published in compliance with the provisions of Indian laws, including: (a) the Indian Contract Act, 1872; (b) the Information Technology Act, 2000 and rules, guidelines and clarifications thereunder; (c) the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945; (d) the Drugs and Magic Remedies (Objectional Advertisements) Act, 1954; (e) the National Medical Commission Act, 2019 and rules, regulations and guidelines framed/ recognized thereunder; (f) the Pharmacy Act, 1948; (g) the E-Commerce Rules, 2021; and (h) the Telemedicine Practice Guidelines, 2020. This electronic record is generated by a computer system and does not require any physical or digital signatures.

     

  1. CONTACT US

     

    If You have any questions regarding the Services or usage of the Platform, please contact Company at [•]. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.

 

  1. CHANGES TO THE TOS

     

    Please revisit these Terms periodically to stay aware of any changes to these Terms, which we may update from time to time. If we modify these Terms, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify You of the change via email or through our Platform. These Terms of Service were last modified on 31-Oct-2021.

     

     

     

REFUND AND CANCELLATION POLICY

Last Updated on 31-Oct-2021]

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) VERY CAREFULLY, IF YOU CONTINUE TO USE THIS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH TERMS OF SERVICE HOSTED AT https://smit.fit/terms-of-use AND THE PRIVACY POLICY HOSTED AT https://smit.fit/privacy ON THE PLATFORM GOVERN YOUR RELATIONSHIP WITH US.

CAPITALIZED TERMS OTHER THAN THE ONES NOT DEFINED IN THESE TERMS, SHALL HAVE THE SAME MEANING ASCRIBED TO THEM IN THE TERMS OF SERVICE OF THE PLATFORM.

USER’S REQUEST FOR RETURN OR CANCELLATION WILL BE PROCESSED IN ACCORDANCE WITH THE PROCEDURE INDICATED BELOW. HOWEVER, IN THE EVENT OF FALSE, FRIVOLOUS OR BASELESS COMPLAINTS REGARDING THE SERVICES, USER WILL NOT BE ELIGIBLE FOR RETURN OR CANCELLATION.

 

  1. PRODUCTS RETURNS POLICY

     

    1. The following product returns policy is applicable to all items and medical devices or Services sold via the Platform (“Products”). A Product may be eligible for return within the return window provided in point 1.3 below,  if it fulfils one or more of the following conditions:

       

      1. It was delivered in a physically damaged condition; or
      2. It has missing parts or accessories; or
      3. It is different from what was ordered; or
      4. It is different from its description on the Product detail page on the Platform; or
      5. When Products delivered are expired at the time of delivery.
    2.  

    3. Products marked as “non-returnable” on the Product detail page cannot be returned. Please ensure you view the identification of non-returnable Products on the Product page for ease of understanding. Please note that the Company is not obliged to accept return with respect to Products which are damaged, tampered, unsealed or used by the Users.
    4.  

    5. All Products have a standard return window of seven (7) days from delivery and subject to the acceptance of the return request a replacement or refund will be facilitated by the Company.
    6.  

    7. The window for order modification/ cancellation for laboratory tests will be notified at the time of making the purchase on the Platform.
    8.  

    9. All Products must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box / packaging as delivered to You. The Company may reject the return pickup if the Products are not returned according to guidelines provided above.

 

  1. PRODUCT REFUND POLICY

     

    The following refund policy shall be applicable to all Products sold through the Platform:

     

    1. On receipt of a return request from You within seven (7) days from the delivery of the Products and subject to inspection and exercise in the sole discretion of the Company, the Products which are not damaged, unsealed, tampered or used by the Users are eligible for 100% refund in the event of one or more of the following cases:

       

      1. a defective Product is received; or
      2. the Product is lost in transit; or
      3. the Product is past its expiry date; or
      4. the order is cancelled before shipment.
    2.  

    3. The refund shall be initiated within 10-12 working days excluding bank holidays from the date of acceptance of the refund requests.
    4.  

    5. For any refund requests with respect to Products sold via the Platform, you may contact our Customer Support by visiting [www.smit.fit] or by writing to us at <customersupport@smit.fit> or you may contact us at <+91 9321551042>.
    6.  

  1. PRODUCT CANCELLATION POLICY

     

    1. Any cancellation request by Users shall only be accepted before shipment of the order. Cancellation of the order is not possible after the Product is shipped, and Users may request for the return of the Product.
    2.  

    3. It is clarified that the Products of Partners listed on the Platform do not form part of the managed Services offered by the Company. Therefore, requests for refund; return or cancellation with respect to such Products shall lie directly with such Partners and not with the Company.
    4.  

    5. With respect to Partner Products, the Company is only an intermediary connecting the User with the applicable Partner and is therefore not liable to entertain refund, cancel or return request for such Products and Services.

 

  1. SUBSCRIPTION MODELS

     

    1. You can cancel our subscription at any time by contacting your Health Coach or writing to us at customersupport@smit.fit. Our refund policy for the different subscriptions are as below:

       

      1. Freemium or free subscriptions or trials can be cancelled at any time.
      2.  

      3. Subscriptions involving digital services can be cancelled within seven (7) days from the start of the subscription and a full refund will be initiated subject to Company’s acceptance.
      4.  

      5. Subscriptions involving digital services and medical devices can be cancelled within seven (7) from the start of the subscription a full refund will be initiated subject to Company’s acceptance. The medical devices will be subject to the Product returns, refund and cancellation policy, in refence to points 1, 2, and 3. The refund amount will vary subject to the return of the medical devices, please note the some Products may be not be returnable.
      6.  

      7. Subscription models may contain certain services such as laboratory tests, doctor consultations and other such services if already rendered the refund amount be calculated by deducting the amounts for the rendered services.
      8.  

      9. If any consumable or non-returnable Products are a part of the subscription model, they shall be non-refundable.
      10.  

      11. Additionally, the cancellation and refund of subscription models containing Managed Services will be subject to the return of the medical devices provided by the Company.
      12.  

      13. No refund will be available after the seven (7) days cancellation window has expired.

       

      Kindly note that failed transactions and chargebacks will be resolved by Payment Gateway partners and in addition to the foregoing, will be governed by the terms of the applicable partners.

 

Last Updated: 30/10/2021

Copyright 2022 @ Smit.fit. All rights reserved.

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