Terms
Welcome to DietBMR, a web-based Software as a Service (SAAS) application. By accessing and using our services, you agree to comply with the following terms and conditions. Please read them carefully.
Agreement Structure
This Agreement comprises the “General Terms” and, where applicable, specific terms for individual services (“Service Specific Terms”). Together, they are referred to as the “Terms.” In case of a conflict between the General Terms and Service Specific Terms, the latter will prevail.
Acceptance of Terms
To use our services, you must be of legal age to enter into a binding agreement. By using our services, you accept both the General Terms and any relevant Service Specific Terms. If you disagree with the General Terms, do not use our services. If you disagree with any Service Specific Terms, refrain from using the corresponding service.
Service Description
Our services are designed for personal, business, or internal organizational use. You can access them through any supported internet browser. You are responsible for obtaining internet access and necessary equipment. Your user account allows you to create, edit, publish, and share content.
Modification of Terms
We may modify the Terms, and you will be notified via email or on our website. If substantial changes affect your rights, you may terminate your use. Continuing to use the services after being informed of changes indicates your agreement to the amended Terms.
User Sign-Up Obligations
To access our services, you must sign up for a user account, providing accurate information. If using our services for corporate internal use, all users from your organization should sign up with corporate contact information. You agree to keep your information accurate and updated. Providing false information may result in termination of your user account.
Personal Information and Privacy
Your use of the services implies acceptance of our Privacy Policy. You are responsible for maintaining the confidentiality of your account information. Notify us immediately of any unauthorized use. We are not liable for any loss or damage resulting from unauthorized access.
Communications from DietBMR
As part of using the services, you may receive communications from DietBMR, including service announcements and newsletters. You can opt-out of newsletters but not service announcements and administrative messages.
Fees and Payments
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
Paid services are available through monthly or yearly subscription plans. Subscription renewal is automatic unless canceled at least seven days before renewal. We reserve the right to change fees and charge for currently free services.
Restrictions on Use
In addition to other terms, you shall not transfer services to third parties, provide services based on our services without permission, post links or use logos of third-party sites without permission, or use services for spamming and illegal activities.
Spamming and Illegal Activities
You are solely responsible for your transmissions through the services. Use the services for legal purposes and refrain from transmitting unlawful, defamatory, or harmful material. We may terminate your access for illegal or unauthorized activities.
Inactive User Accounts Policy
You agree that DietBmr shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if DietBmr has been advised of the possibility of such damage. your sole and exclusive remedy for any dispute with DietBmr related to any of the services shall be termination of such service. in no event shall DietBmr’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Suspension and Termination
We reserve the right to terminate inactive user accounts after 365 days. Prior notice will be provided, and data may be deleted. Each service is considered independently for the period of inactivity.
Trademark
DietBMR trademarks are owned by DietBMR Corporation. Display or use of these trademarks without prior permission is prohibited.
Limitation of Liability
DietBMR is not liable for consequential, incidental, or indirect damages arising from your use of the service. Our liability is limited to the fees paid for the service. Your sole remedy for disputes is termination of the service.
Suspension and Termination
We may suspend or terminate your account for suspected illegal activity. Objections to suspension should be made within thirty days. We may terminate your account on your request or due to violation of the Terms.
Governing Law and Jurisdiction
This Agreement is governed by the laws of INDIA, and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the State of Gujarat [Ahmedabad Jurisdiction].
Indemnification
You agree to indemnify and hold DietBMR and Viana Labs LLP, their affiliates, officers, employees, and agents harmless from any claims, damages, or losses arising out of your use of the services, violation of these Terms, or infringement of any third-party rights.
Confidentiality
You acknowledge that the services may contain confidential information. You agree not to disclose, reproduce, or distribute any confidential information without the express written consent of DietBMR and Viana Labs LLP.
Data Security
DietBMR employs reasonable security measures to protect your data. However, you acknowledge that no data transmission over the internet is completely secure. DietBMR and Viana Labs LLP are not liable for any unauthorized access or data breaches.
Food & Recipe
Upon registering an account, Dietitians and Nutritionists receive a third-party food list and recipe. We recommend every Dietitian & Nutritionist to add and edit their own dietary food item list and recipe. DietBmr and its team are not liable for any issues related to food recipes experienced by users.
Third-Party Services
The services may integrate with third-party services. DietBMR and Viana Labs LLP are not responsible for the content, functionality, or privacy policies of these third-party services. Your use of such services is at your own risk.
Force Majeure
DietBMR and Viana Labs LLP shall not be liable for any failure or delay in performance under these Terms resulting from events beyond their reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, and governmental actions.
No Waiver
The failure of DietBMR or Viana Labs LLP to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The Terms constitute the entire agreement between you and DietBMR regarding the services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
Updates to Terms
DietBMR and Viana Labs LLP reserve the right to update these Terms at any time. The most current version will be posted on the DietBMR website, and your continued use of the services after such changes signifies your acceptance of the updated Terms.
Compliance with Laws
You agree to comply with all applicable laws and regulations in your use of the services. DietBMR and Viana Labs LLP reserve the right to investigate and take appropriate legal action against anyone who violates this provision.
Feedback
You may provide feedback, suggestions, or ideas regarding the services. By doing so, you grant DietBMR and Viana Labs LLP the right to use and implement such feedback without any obligation to you.
Dispute Resolution
Any dispute arising out of or in connection with these Terms shall first be subject to mediation, and if unresolved, shall be referred to arbitration in accordance with the rules of [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Thank you for your understanding and adherence to these Terms. If you have any questions, please contact us.