Client undertaking - White Collar Legal LLP NUTRITION & WELLNESS USER CONSENT FORM/UNDERTAKING
I understand that (___________Name of the Service Provider/Independent Business Operator _______________) is a registered Service Provider/Independent Business Operator and not a Certified Nutritionist/ Counselor and does not dispense medical advice nor prescribe treatment.
Rather, he/she provides education to enhance my knowledge of health as it relates to foods, dietary supplements, and behaviors associated with eating.
While nutritional and botanical support can be an important compliment to my medical care, I understand nutrition counseling is not a substitute for the diagnosis, treatment, or care of disease by a medical provider.
I will discuss any dietary changes or potential dietary supplements use with my doctor, and should not discontinue any prescription medications without first consulting my doctor’s prescription if I am under the care of a health care professional or currently use and prescription medications.
I will remain loyal and contact and seek advice from the assigned Service Provider/Independent Business Operator entering and dealing with their unique ID. In exceptional circumstances, Totally Fit may assign a different Service Provider/Independent Business Operator.
I will share my authentic documents, contact details and other such personal information for the platform to confirm my identity and other particulars and render services accordingly and hereby undertake to not create more than 1 account.
I agree to let Totally Fit use my information and the data resulting from my use of their portal for them to improve their services offering.
I understand that the purpose of this app is to connect the user with the service provider and all information provided is intended for general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information is not intended and these products are not intended to diagnose, treat, cure, or prevent any diseases. This information is not intended to replace the advice of your personal medical professional.
I understand that the service provider is not a registered Dietitian/Nutritionist/Certified Fitness Trainer/Certified Health & Wellness Coach/Medical Practitioner and Certified Counselor.
The service provider is an Independent Business operator and in no ways is a representative of Totally Fit
The service provider may share information and market nutritional supplements, dietary products, proprietary foods and other similar products and services with the user. It is advised that the user must always read the label – use only as directed on the label and may consult his/her personal qualified health professional.
It is advised that the user may independently clarify and verify the service provider's professional qualifications. The Platform is not responsible to provide such information.
Personal Responsibility and Release of Health Care Related Claims:
I acknowledge that I take full responsibility for the well-‐being, as well as the lives and well-‐being of my family and children as applicable, and all decisions made during and after the duration of the sessions.
I understand the risks of nutrition/fitness/informational sessions, including the risks of trying new foods, and the risks inherent in making lifestyle changes.
I understand and exclude the Service Provider/Independent Business Operator and Totally Fit from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I ever had, now has or will have in the future arising from the past or future participation in, or otherwise with respect to, the nutrition sessions, unless arising from the gross negligence of the Service Provider/Independent Business Operator, and in no circumstances hold Totally Fit responsible.
The Service Provider/Independent Business Operator will keep my information private, and will not share the information to any third party unless compelled to by law or with my consent.
Payments and Refunds
3.1 Product refunds will be handled as per Herbalife guidelines and coordinating the same shall be the sole responsibility of the Service Provider/Independent Business Operator.
3.2 The Service Provider/Independent Business Operator will also honor the terms of refunds as appearing on the Herbalife website and latest guidelines.
3.3 Totally Fit hereby states that will not refund any amount it collects for events or as subscription fee.
No Show/Cancelation Policy
I also understand that In the event that I do not attend to an appointment or cancel within 24 hours of a scheduled appointment the Service Provider/Independent Business Operator and/or Totally Fit, reserves the right to charge the client 10-25% of the session payment fee / will have no refunds.
Arbitration, Choice of Law and Limited Remedies
In the event that there ever arises a dispute between me and Service Provider/Independent Business Operator or Totally Fit with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the sole Arbitrator appointed by Totally Fit with its seat at Gurgaon.
Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator.
This agreement shall be construed according to the laws of the Union of India. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
Miscellaneous, you agree/undertake not to:
Systematically retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.
Use the Website/Mobile Application to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Website/Mobile Application.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.
“Stalk” or otherwise harass another user or employee of the Services.
Access or attempt to access another user’s account without his or her consent.
Use the Website/Mobile Application as part of any effort to compete with us or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Mobile Application.
Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Mobile Application to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile Application.
Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Service Providers/Independent Business Owner and/or other users on Totally Fit ) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, TOTALLY FIT IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
We will maintain certain data that you transmit to the Website/Mobile Application for the purpose of managing the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.