These Terms of Use (“Terms”) set forth the terms and conditions as applicable to the end-user (“you” or “user”) for access and use of products (including health devices such as glucometers, weighing scales and nutritional products) and services (including treatment plans, consultation with professionals, educational resources) (collectively referred to as “Products & Services”) offered by FDVZ HEALTHY LIFE PRIVATE LIMITED (“Foodvez” or “we” or “us”) via: (i) the website of Foodvez (www.Foodvez.com) (the “Site”) or (ii)the Foodvez mobile application (the “App”) or (iii)any other third-party application or software used by Foodvez for offering the Products and Services. [Office1] (collectively referred to as “Platforms”).
Foodvez may have subsidiaries, affiliated legal entities, sellers and third party service providers around the world (“Subsidiaries” or “Affiliates”), providing the Products and Services to you on behalf of Foodvez. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Products and Services to you under these Terms.
By creating an account or registering with Foodvez either on the Site or the App, you agree to be bound by (i) these Terms, (ii) our Privacy Policy, which is incorporated by reference into these Terms, and (iii) any other terms as may be disclosed to you if you purchase Products and Services offered by Foodvez on any of the aforesaid Platforms. If you do not accept and agree to be bound by all of these Terms of Use, you shall not access or use the Products and Services offered by Foodvez on any of these Platforms.
We may make changes to these Terms and the Products and Services offered from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the Site and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to access any of the Platforms or avail Products and Services after the changes become effective, then you agree to the revised Terms. You agree that these Terms shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Foodvez, including but not limited to events, agreements, and conduct preceding your acceptance of these Terms.
Part I- Preconditions for Access
Eligibility
In order to be eligible to avail the Products and Services offered on the Platforms, the user: (i) must not be less than 18 years and not more than 75 years of age; (ii) must meet with a fitness standard suitable for availing our Products and Services, as deemed appropriate in our discretion (ii) must not have been previously barred from availing the Products and Services offered on the Platforms; (iii) must comply with the terms of the agreement and all state, local, national and international laws as may be applicable (iv) must be physically located in the India or within a jurisdiction in which we offer our Products and Services If you are accepting these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such entity to these Terms.
If you are accepting these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such entity to these Terms.
Fitness for Access to Products and Services
In order to assess your suitability for availing our Products and Services, we may require you to provide certain health and lifestyle related information before registering you for use and access of our Products and Services. Based on the information provided by you, we may refuse to register you or deny access to certain Products and Services in case we determine that your medical condition or fitness standard is not appropriate for availment of our Products and Services. However, this will not permanently debar you from availing our Products and Services and you may approach us at any subsequent time to reassess your suitability/eligibility in case of any improvements/changes to your medical condition or fitness standards.
Additionally, even if you are determined to be eligible to avail our Products and Services, if at any time during the course of your access and use of a Product or a Service, the concerned Foodvez Partner (as defined in Clause 8 below) offering their service to you either via independent consultation through online booking of appointments or under any of our Treatment Plans, determines that your medical condition and/or treatment require an in-person examination or procedure, you may receive a notice from Foodvez on behalf of such Foodvez Partner notifying you that you should seek in-person medical care or treatment outside and/or that you may be unable to continue using the Products and Services offered on our Platforms.
Account and Registration
Subject to your eligibility to avail our Products and Services and compliance with these Terms, you may access our Products and Services through the Platforms. While some features on the Platforms may be available without registration; you shall be required to register online on any of our Platforms[Office2] by creating a Foodvez account (“Account”) to access most Products and Services.
At the time of registration, you will be required to provide certain information about yourself in the nature as specified in the Privacy Policy. You agree that all information that you submit upon creation of your account is accurate and truthful.
You are solely responsible for the information associated with your Account and all activities in relation to your Account. You must maintain the security of your Account and promptly notify Foodvez at [email protected] if you discover or suspect that someone has accessed your Account without your permission. Foodvez or its officers, directors, employees, consultants, Subsidiaries, Affiliates and agents, shall not be held liable to you for any liabilities or damages resulting from your failure to keep your account and password or other information secure. You will not authorize third parties to use your Account.
Representation and Warranties
By registering and creating an Account with Foodvez, you represent and warrant that:
You meet with all the eligibility requirements as set out in Clause 1 above;
(ii) All the information provided by you, prior to registration and thereafter is accurate and complete
(iii) You are competent to enter into a binding contract under the laws of India or any other laws as may be applicable
(iv) You have never been convicted of any offence in the nature of a sexual crime (including molestation, child abuse etc.) or any offence under
the Information Technology Act, 2000 or rules or regulations specified thereunder
Part II- Rules Governing Access of Platforms
Permission and Consents
Once you complete the process of registration and setting up of your Account on any of our Platforms, you will be permitted to:
Access and post content on any of the Platforms;
Access and purchase Products & Services and subscribe to Services subject to the terms and conditions set out herein;
Upon completion of registration you consent to:
Receiving emails or SMS/texts on your email address or mobile number in relation to updates and changes to the features of Products and Services and special offers, new promotions and sales opportunities and notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email/text messages, you may opt out by sending us an email at:[email protected]. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
Receiving information on your email and phone in relation to fulfilment of orders placed by you for availing our Products and Services
Receiving information pertaining to customized Treatment Plans over Email/Sms.
Receiving reminders and alerts on your email and phone in relation to the services pertaining to online appointment bookings and Treatment Plans subscribed by you under these Terms.
User Generated Content
Registered users entitled to avail Products and Services on the Platforms may be permitted to post certain feedback, reviews, ratings, comments, questions, data, documents, pictures and other information on any of the Platforms. (“Content”)
You are responsible solely for the Content that you post, including its legality, reliability, and appropriateness. We take no responsibility for and we do not expressly or implicitly endorse any of your Content.
By submitting your Content on our Site or App, you represent and warrant that:
the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By posting Content on our Site and App, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Site and App. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You agree that Foodvez may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) comply with request from the government or its agencies (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.,
Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms; in compliance with a legal order or upon being notified by the appropriate Government or its agency under section 79(3)(b) of Information Technology Act, 2000.