Notice: Please read these terms and conditions (the “terms”) carefully. They govern your access to and your use of our website located at wwww.healure.com (the “site”) and mobile application Healure ( the “app”) which are owned or operated by Healure Technology Private Limited and/or its affiliates (collectively, “Healure”, “we,” “us,” or “our”), together with the content, search facilities, directory services, online store service, email, forums, newsgroups and other internet services provided by us from time to time on or via the site / app, in respect of which additional terms and conditions may apply. The terms apply to both our members (those users that are current members of Healure) (“members”) and to visitors to the site/app (“visitors”). By accessing the site/app you agree to be bound by the terms – if you do not wish to be bound by the terms you should not use the site/app.
If you are a member, the details provided by you on registration are important and must be true, correct and complete. You agree to notify us immediately of any changes which are relevant to your registration by informing us at firstname.lastname@example.org
Your personal information
We will respect your personal information and undertake to comply with all applicable India Data Protection legislation currently in force.
Some of the Contents or the Services may not be appropriate for children. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OUR SERVICES. If you are below the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms & Conditions. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these Terms & Conditions, do not use the Services.
To make any purchases through our App, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, you must not be under 18 years age.
Unless otherwise stated, the content on the site/app (including, without limitation, text, graphics, images and videos) (the “content”) is provided without any warranties or guarantees. Your use of any information or materials on this website/ app is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website/ app meet your specific requirements.
WE DO NOT PROVIDE MEDICAL SERVICE AND DOES NOT OFFER MEDICAL ADVICE. THE SUGGESTIONS, RECOMMENDATIONS, ADVICE PROVIDED BY OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION.
HEALURE AND THE COACHES ON OUR PLATFORM ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATIONS. THIS SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND TREATMENT OR YOUR CONSULTATION WITH QUALIFIED PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS REGARDING YOUR INDIVIDUAL HEALTH NEEDS.
ANY CONTENT OR INFORMATION ACCESSED OR RECEIVED THROUGH THE SERVICES, INCLUDING FROM ANY TRAINERS/COACHES, ARE NOT INTENDED TO BE MEDICAL ADVICE. THE TRAINERS/ COACHES YOU MAY INTERACT WITH THROUGH THE SERVICES ARE NOT OUR EMPLOYEES, AGENTS OR REPRESENTATIVES. HEALURE ASSUMES NO RESPONSIBILITY FOR ANY ACT, OMISSION, ACTIVITY, PRODUCT OR SERVICE OF ANY TRAINER/ COACH. HEALURE DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE SERVICES.
YOU ACKNOWLEDGE THAT Healure IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE Healure CONTENT WILL BE YOUR EXCLUSIVE RESPONSIBILITY. Healure EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE Healure CONTENT. You agree, at your expense, to release, waive, indemnify and hold Healure harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Healure arising from or related to decisions or recommendations you make using the Healure Content.
We only support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your Coach or other professional healthcare provider, are the best decision maker about your health. By using our Services you can ask and find informational questions and related educational answers by coaches. The Website or Application is not a place for the practice of medicine.
Wavier & Release
Please be advised that:
- We make no attempt to confirm, and do not confirm, any Trainer’s or Registered User’s purported identity. You are solely responsible for determining the identity and suitability of other people whom you may contact by means of the Platform.
- We make no representations, offer no assurances, and do not investigate any of our Trainer’s or Registered Users’ backgrounds, morality, character, actions, or demeanor, and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons. We encourage all users to communicate directly with other users through the tools available on the Platform and to review their profile pages for feedback from other Registered Users.
- Although we reserve the right to do so, we typically do not verify information that trainers/coaches or Registered Users submit to the Platform.
- As stated in greater detail below, we make no, and hereby disclaim all, representations, warranties, claims, and assurances as to any content posted by trainers/coaches and Registered Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, INDEMNIFY, DISCHARGE, AND ACQUIT HEALURE AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES,TRAINERS/COACHES ON OUR PLATFORM, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH TRAINERS/COACHES AND OTHER REGISTERED USERS, ANY CONTENT (INCLUDING TRAINING VIDEOS) POSTED BY TRAINERS/COACHES AND/OR OTHER REGISTERED USERS, AND ANY EXERCISE PROGRAM YOU MAY LEARN ABOUT OR EMBARK ON VIA THE PLATFORM.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY INTERACTING WITH A TRAINERS/COACHES ON OUR PLATFORM, YOU HAVE CAREFULLY READ THE FOREGOING RELEASE AND INDEMNIFICATION CLAUSE AND UNDERSTAND THE CONTENTS THEREOF. YOU ACKNOWLEDGE AND ARE MADE FULLY AWARE THAT NEITHER HEALURES NOR THE TRAINERS/COACHES ON OUR PLATFORM ARE MEDICAL DOCTORS, CERTIFIED TRAINERS/COACHES, LICENSED NUTRITIONISTS, OR REGISTERED DIETICIANS AND THAT HEALURE AND THE TRAINERS/COACHES ON OUR PLATFORM ARE ONLY PROVIDING RECOMMENDATIONS TO YOU. YOU ACKNOWLEDGE BEFORE BEGINNING, IMPLEMENTING, OR USING ANY AND ALL OF RECOMMENDATIONS PROVIDED, THAT YOU SHOULD CONSULT A MEDICAL DOCTOR.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM.
Orders and Payment
You agree that Healure may immediately authorize your credit card (or other approved facility) for payment for any Orders made under your Password (as defined below) on the Platform. As set forth you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Platform to contact customer service.
Payment processing services for Healure are provided by PayPal for countries other than India and are subject to the PayPal Agreement, which includes the PayPal Terms of Service (collectively, the “PayPal Services Agreement”). By agreeing to these terms or continuing to use Healure, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. For India, payment processing services for Healure are provided by Razorpay and are subject to the Razorpay Agreement, which includes the Razorpay Terms of Service (collectively, the “Razorpay Services Agreement”). By agreeing to these terms or continuing to use Healure, you agree to be bound by the Razorpay Services Agreement, as the same may be modified by Razorpay from time to time.
If you need to cancel your subscription for whatever reason, it is your sole responsibility to cancel that subscription by mailing us on email@example.com. The subscription is non- refundable. Verbal discussion and acknowledgement of desire to cancel does not qualify as a cancellation.
The site/app Content
The content is protected by national and international copyright and other laws. The copyright subsisting in the content on this site/app is either owned by or licensed to us (or our suppliers). You may retrieve and view content on a computer screen, print individual pages on paper and store such content in electronic form on a disk for your own personal, non-commercial use. Except as set out above you may not reproduce, modify or in any way exploit (whether commercially or otherwise) any of the content without our express permission. In particular, but without prejudice to the generality of the restrictions set out in the immediately preceding sentence you may not: sell or modify any of the content; remove or obscure any copyright and/or trade mark notice from any copies of the content made by you; redistribute any of the content; save any content onto a server or other storage device connected to a network; photocopy any content printed by you; and/or create a database of any content by downloading and storing any of the content.
We may provide links to other web site or resources. We are unable to accept responsibility for these web site or resources; neither can we be deemed to have endorsed their content, products or services.
We make all reasonable efforts to ensure that all information provided by us is accurate at the time of its inclusion; however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. Healure makes no representations or warranties about the information included on the site/app (including links to third parties’ web site/apps). Any decisions based on the information contained on this site/app are your sole responsibility.
Information provided by us does not constitute legal or professional advice and should not be relied upon in this regard.
Healure does not provide any warranty as to the timeliness, accuracy or completeness of the information on the site/app. Healure does not provide any warranty as to the timeliness, accuracy or completeness of the information on the site/app.
Whilst we recognize that the internet is not a completely secure medium of communication, we have taken steps to safeguard the security of any information you send to us on the internet by appropriate use of personal log-ins, secure servers and Secure Sockets Layer (“SSL”) technology which encrypts the information you input on your system before it is transmitted to us. However, we are not and will not be responsible for any damages the user may suffer as a result of the loss of or loss of confidentiality of such information.
Your submission of content for publication on the site/app: You are solely responsible for content that you submit to us for publication on the site/app (“user content”) and we shall be entitled to assume that all user content submitted from your registered email address is authorised by you.
You must at all times exercise common sense, proper judgment and reasonable skill and care in submitting user content to us.
In submitting user content to us you must not disguise the origin of such content, impersonate any other person or make any untrue representation about your expertise or interests. User content must not: be unlawful, illegal or criminal; or infringe any applicable laws or regulations or codes of best practice; or be defamatory, libelous, obscene, offensive, gratuitously sexual, threatening, intimidating, harassing, abusive, indecent or pornographic; or be untrue, incomplete, misleading, unreliable or out of date; or infringe any third party’s intellectual property (including, without limitation, copyright, trademarks or database rights) or other rights (including, without limitation, contractual, tortuous, common law, statutory or other rights); or contain any form of commercial advertising or promotion of goods or services or any chain messages or so-called junk mail, chain letters or spam; or contain any computer viruses, Trojan horses or other harmful items (including anything which has contaminating or destructive properties).
You acknowledge that all user content may be publicly posted and that accordingly third parties may read your user content without your knowledge. Accordingly you shall not submit any user content of a confidential nature to us for use on the site/app. Healure shall be entitled to assume that you have authorised for publication all user content submitted to us. Accordingly you should take particular care when submitting to us any user content from which you or anyone else could be personally identified.
You represent, warrant and undertake to Healure that all user content will fulfil the requirements of the four immediately preceding paragraphs.
Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, if you do not sign in via one of your social media accounts, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Healure will not be liable for any loss or damage caused by any unauthorized use of your account.
Your Obligation to us
You agree that you will only use the site/app in a manner that is consistent with these terms and in such a way as to ensure compliance with all applicable laws and regulations.
Where applicable, you are responsible for maintaining the confidentiality of your username and the password assigned to you. As a result, you are fully responsible for all activities that occur under them. You must notify us immediately of any unauthorised use of which you become aware.
You are responsible for obtaining the equipment and paying all telephone charges necessary to access and use the site/app. You are also responsible for making your own back-up arrangements in accordance with good computing practice.
You agree not to use the site/app or the services made available to you on or via the site/app such that you cause the whole or part of the site/app or such services to be interrupted, damaged, rendered less efficient or in any way impaired.
In order to maintain the integrity of Healure, or protect the property or safety of any person, we reserve the right to forward your contact details to the police, or other regulatory authorities where requested to do so. We may also disclose your details where we believe you are in breach of these terms or where a complaint arises concerning your use of the site/app and where that use is deemed by us to be inconsistent with these terms.
We may (acting in our sole discretion) reject, remove, edit, delete or otherwise withdraw from the site/app any user content. Healure shall be entitled to exercise this right without giving to you any reason or prior notice. Should you wish to request Healure to remove, edit, delete or otherwise withdraw from the site/app any user content please contact us at firstname.lastname@example.org and Healure will however have no obligation to remove, edit, delete or otherwise withdraw from the site/app any user content (other than as required by law) and may decline to do so without giving to you any reason for so doing.
Healure reserves the right, acting in its sole discretion, to withdraw the site/app or to suspend or terminate your access to and use of the site/app at any time. Healure may exercise this right without giving to you any notice or warning or reason.
We will use our reasonable endeavors to maintain the site/app in a satisfactory operating condition. As we cannot guarantee that this will always be the case we do not accept responsibility for any interruptions or failures in the Healure service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use the site/app.
YOU HEREBY AGREE TO DEFEND, HOLD HARMLESS OR INDEMNIFY ON DEMAND HEALURE, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS AND/OR AGENTS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES (INCLUDING LITIGATION COSTS AND LEGAL FEES), DAMAGES, SUITS, ACTIONS, JUDGEMENTS AND OTHER PROCEEDINGS SUFFERED BY OR INCURRED BY ANY OF THEM AS A RESULT (WHETHER DIRECT OR INDIRECT) OF A BREACH BY YOU OF THESE TERMS. YOU HEREBY AGREE TO COOPERATE FULLY, AT YOUR OWN EXPENSE WITH HEALURE, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS AND/OR AGENTS IN THE EVENT THAT ANY PROCEEDING IS THREATENED OR BROUGHT AGAINST ANY OF THEM WHICH RELATES IN ANY WAY TO YOUR USER CONTENT. TO THE EXTENT TO WHICH YOUR USE OF THE SITE/ APP, OR THE USE OF THE SITE/APP BY ANY PERSON WHO MAY BE AUTHORISED BY YOU OR FOR WHOM YOU ARE RESPONSIBLE (FOR EXAMPLE AS AN EMPLOYER OR AS THE PARENT OR GUARDIAN OF A CHILD) CAUSES LOSS OR DAMAGE TO ANY PERSON, YOU AGREE TO INDEMNIFY HEALURE IMMEDIATELY ON DEMAND IN RELATION TO ANY SUCH LOSSES OR DAMAGES ATTRIBUTABLE TO HEALURE, INCLUDING WHERE NECESSARY ANY LEGAL AND ADMINISTRATIVE, OR TECHNICAL CHARGES THAT MAY ARISE FROM SUCH USE.
Limit of Liability
Healure’s entire liability to you in respect of all matters associated with the services provided by us shall be limited as follows:-
- Nothing in these terms excludes any liability for death or personal injury arising from the negligence of Healure, its servants or agents.
- Nothing in these terms excludes any other liability that is prohibited from being excluded by law.
- Except as set out in (a) and (b) above Healure accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
- Healure’s liability for direct losses shall (subject to sub paragraphs (a) and (b) above) be limited to the amount actually paid by you to Healure and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
- In the event that (c) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (a) and (b) be limited to the amounts actually paid by you to Healure.
- Each of sub paragraphs (a) to (e) above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
These terms may be amended from time to time. Such amendment shall be effected by posting the amended terms and conditions on the site/app. We may also in the same way extend these terms to include other conditions applicable to specific products or services offered by Healure from time to time.
If any provision of these terms is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
These terms shall be deemed to be a contract made in India and these terms and your use of the site/app are subject to India law and the jurisdiction of the Indian courts.
Any delay or failure by us in enforcing any right under the terms is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
The terms set out the entire agreement between us relating to your use of our site/app and related services.