This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is a computer generated electronic record and does not require any physical or digital signature.

The mobile app – Diahappy and website- www.diahappy.in (hereinafter referred to as “Diahappy”, “Mobile App” or “App” or “Us” or “we” or “site” also) are owned by Diahappy Health Pvt. Ltd a company incorporated under the Companies Act, 2013. Diahappy is available on mobile phone and provides diet and lifestyle education, recommendation and counselling to diabetes for better management of diabetes and other services.. PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, AS MODIFIED OR AMENDED BY Diahappy FROM TIME TO TIME. If you are not eligible to use the Site as described herein, or do not agree to these Terms, then you do not have our permission to use the Site or the App.

 

Your Account Registration - Obligations and Responsibilities

1. Member shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password.

2. Member agree that if they provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website & App and refuse to provide you with access to the Website and the App.

3. Each member agrees and warrants that they:

   1. Will carry all activities on the website in compliance to all the laws and regulations

   2. Will violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right

   3. Not engage in spamming or phishing

   4. Will not attempt to exploit the various databases of Diahappy

   5. Not involve any scheme to undermine the integrity of the data, systems or networks used  and/or any user of the Site or gain unauthorized access to such data, systems or networks;

   6. Will interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;

   7. Not engage in any activities that would otherwise create any liability for Diahappy

   8. Member may not use the Services and member account to engage in activities which are identically similar to Diahappy

   9. Member agrees to provide all necessary information, materials and approval, and render reasonable assistance and cooperation necessary for Diahappy  provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member.  If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Diahappy shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

   10. Will interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site; (e) violating any regulation, policy, or procedure of any network, equipment, or server; or (f) manipulating or otherwise displaying the Site by using framing, mirroring or similar navigational technology

   11. Member acknowledges and agrees that each Member is solely responsible for applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

4. You accept to receive calls, messages and app notifications from us to provide you the intended services.

5. When you contact us by email or text, we have no way of protecting your information until it reaches us since email and text messaging and the communication lines such communications travel over do not have the security features that are built into our services and may not be secure. By sending any information to us via email or text, or agreeing to receive electronic communications from us through email or text, you acknowledge and accept any risk and damage arising from disclosure of such information in the course of transmission.

 

Membership

 You must be at least (18) years of age to use the Site. By accepting these Terms, you represent and warrant to us that: (a) you are at least (18) years of age; (b) you have not previously been suspended or removed from the Site; (c) your use of the Site is in compliance with all applicable laws and regulations; and (d) all information you provide or submit through the Site will be truthful, accurate and complete. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

Termination of Use; Discontinuation and Modification of the Site:

Diahappy reserves the right in our sole discretion to remove, modify or reject anything you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms and could subject Diahappy to liability, or is otherwise found inappropriate in our opinion. In Addition, Diahappy may in its sole discretion terminate your access to the Site at any time, with or without notice. We also reserve the right to modify the Site at any time (including by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may cease use of the Site at any time.

Privacy Policy:

 

Diahappy understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy applicable to the Site and app for a description of how we may collect, use and disclose information you provide through the site and the app.

Modification of Terms & Conditions:

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, your continued use of the Site signals acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Ownership and Proprietary Rights: The website www.diahappy.in and the app Diahappy (on Android and Apple App stores) are owned and operated by Diahappy Health Pvt. Ltd. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Sites, and all other elements of the Site (“Materials”) provided by Diahappy are protected by intellectual property and other laws. All Materials contained in the Site and app are the property of Diahappy. Except as expressly authorized by Diahappy,  you may not make use of the Materials. Diahappy reserves all rights to the Materials not granted expressly in these Terms.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Diahappy or other entities. You are not authorized to use any such Marks without the express written permission of Diahappy. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Medical and Emergency Requirements:

• No doctor-patient relationship is created between You and  Diahappy or You and any Registered Medical Practitioner engaged or appointed by Us, merely by booking an appointment or purchasing a diabetes related health package with Diahappy as part of the Medical Services or any other services. Such relationship is established only when information pertaining to Your health and other medical records (“Medical Records”) are disclosed by You to the Registered Medical Practitioners engaged or appointed by Diahappy, during a consultation session. 

• Diahappy services are not meant for emergency. For any emergency, customers should contact their medical providers.

• Diahappy does not provide any time critical call or communication to any customer or their medical care provider. Customers/ Patients need to contact their medical care providers on their own.

Disclaimer:

The site and all materials and content available through the site 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, Diahappy disclaim all warranties of any kind, whether express or implied, relating to the site and all materials and content available through the site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Diahappy do not warrant that the site or any portion of the site, or any materials or content offered through the site, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

No advice or information obtained by you from Diahappy or any materials or content available through the site or app will create any warranty regarding Diahappy that is not expressly stated in these terms. You assume all risk for any damage that may result from your access to, use or misuse of, or inability to use the site or App, your dealing with any other site or app user, and any material or content available through the site or app. you understand and agree that you use Diahappy, and use, access, download, or otherwise obtain materials or content through Diahappy, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the site), or the loss of data that results from the use of the site or the download or use of that material or content. 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.

Diahappy is not a substitute to any professional medical advice. We provide information and guidance but don’t diagnose your health condition. You need to consult your hospital/doctor/physician for any medical and emergency assistance. None of the website or the app content or service should be considered as medical advice or an endorsement or representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

 

Limitation of Liabilities:

 

In no event will Diahappy be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or app or any materials or content on the site or app, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Diahappy has been informed of the possibility of damage. You agree that Diahappy will not be entitled to any claim from you.

 

INTELLECTUAL PROPERTY RIGHTS

• Diahappy is the sole owner or lawful licensee of all the rights and interests in the Site and the App. The Site and App Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and App Content shall remain with Diahappy, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Diahappy are hereby reserved.

• Diahappy may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

 

Links to Third Parties:

• Diahappy app and website may contain links too other third parties’ ad its service providers. Users are expected to read the terms and conditions of the links before transacting with them. Access to the links are at users risks and Diahappy is not responsible for any liability while user is transacting through 3rd party links.

• Diahappy does not endorse, sponsors or affiliates with any of the links provided on the it. 

 

FORCE MAJEURE

Under no circumstances shall Diahappy be held liable for any delay or failure or disruption in content or services delivered through the Site or Mobile App resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

NOTICES:

 

• All legal notices or demands to or upon Diahappy shall be made in writing and sent to personally, by courier, certified mail, or facsimile to the registered address. The notices shall be effective when they are received by Diahappy in any of the above-mentioned manner

• All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by fax or email to the last-known correspondence, fax or email address provided to the User

• You agree that all agreements, notices, demands, disclosures and other communications Diahappy sends to you electronically satisfy the legal requirement that such communication should be in writing