PRIVACY POLICY AGREEMENT This User Agreement is between you (referred to hereinafter as the “user/you”) and Swasthaham, which is a health and fitness organisation (referred to hereinafter as the “provider/us/we/our organisation/Swasthaham”) for governing the terms of use of Swasthaham working to provide its products and services to the user through the application and website.   Where such Services include providing health and fitness consultancy, workout plans, to achieve the desired fitness goal of the User, and services as a platform for managing their clients through the application for the coaches. And Products include the website, application, and any such content provided by the provider, its affiliates, licensees, employees, or any other such person to the user in the course of their subscription to the services of the platform.   Swasthaham may have subsidiaries and affiliated entities, and they are entitled to provide you services under the terms of this agreement.   By Accepting the use of the website, the app, you acknowledge your acceptance to the terms of this agreement and agree to be subjected to the policies/framework outlined in the present agreement. In case you do not agree to the terms mentioned herein, please refrain from using the products and services provided by Swasthaham.

1. Access to our services

1.1 The users are authorised to access the products and services provided by Swasthaham on a temporary basis and we reserve the right to amend or withdraw the access (or any features within) by notifying the same to the users at any given time. 1.2 The access to the information granted is restricted and shall not be shared, copied, distributed, altered, or modified, other than any part which may be required for efficiently availing the services of the provider. 1.3 By using our products and services, and creating a user account, you warrant that

1. All the information provided by you is complete and accurate and you will continue to provide accurate information in the future for the purpose of availing our services.
2. You are 18 years or above in age and are fully competent to enter into this agreement with Swasthaham.
3. You are eligible to enrol in the services and products provided by our organisation as per the local laws of the area where you reside.
4. We shall not be liable for any injury/damages, or any other consequences related to health on account of incorrect or incomplete information provided by you on the app/website.
5. Swasthaham reserves the right to refuse access to use the Services offered at the Website/ App to new Users or to terminate access granted to existing Users at any time without any reasons for doing so. The user so terminated shall not be allowed to access the services of the provider.

   

2. Information Collected

2.1 For the purpose of providing our services efficiently, the organisation shall collect “Personal Data”, which shall include, but not limited to the following:

1. First and Last name, Gender, Email, and mailing address, location, mobile number, address, professional title, company name, password, when you create an account to log in to our network, app, website, username or other unique identifiers.
2. Information related to the health of the user, including but not limited to the dietary details, dietary restrictions, any health conditions, your weight, height, your lifestyle, food preferences, medical report and preferences, health goals, other fitness regimes, Your ethnicity, genetics, health or sexual orientation.
3. Your financial details: Information related to credit/debit cards/or any other payment modes used for making payments on the website/app.
4. Your IP address, your location, details of your device used to access the website, cookies, data uploaded by you on the website, and the app (Eg, Food Photos shared), your preference on the website. Any other information shared by the user for availing the benefits of promotional activities offered by the provider.
5. In addition, you may authorise us to sync your workout and physical activity related information to your smart devices, such as your phone, smartwatch, or other platforms, such as Google Fit, Apple Fit or any other third-party health and fitness applications.
6. If you decide to login using a third-party account, we are authorised to collect your data pertaining to these third-party platforms.
7. We also receive user testimonials, along with their pictures and basic details, including the name, place of residence and we may post the same on our app and the website, with the prior consent of the user. But we shall not be held responsible if any such data sharing results in any breach of your privacy.
8. Some of our services may enable you to post content to various Social Media Platforms, so if you choose to do this, you are authorising these websites to collect your data from our app/website. Although, you may choose to restrict the amount of data you are sharing, Swasthaham shall have no responsibility, whatsoever, on account of any consequence arising out of sharing such data.
9. We use third-party services, individuals and organisations to assist us in providing the best of services for our users. We, therefore, reserve the right to delegate our authority to collect, use, store, and disseminate your information agreed to be shared by you on our app or website. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or App or their underlying files or systems.

 

1. The user undertakes to agree that the information provided by them can be used by the provider for the purposes of marketing their products and services, which may include sending emails, text-messages, and in-app messages, or other communication marketing or advertising Swasthaham products or services. This may include using some of the information provided by you to provide you personalised services based on how they interact on the app or the website, or other information, such as, location, amongst other. We may also use this information to display third party advertisements on our application or website, in connection with our services.

 

1. The user also authorises Swasthaham to collect and share any anonymised (non-personal) data, that is, data which does not contain any personally identifiable information, to any third parties for the purposes of using of data for market research.

  2.2 The Organisation neither rent, or sells your personal information. We may use this information for analysing and identifying your behaviour for providing a more personalised experience. We use the data to customise experiences for our users, and provide them with an enhanced experience, sending emails and updating them about any changes or promotional activities. We might also use this data anonymously without the personal details of the users and we reserve the exclusive right to use this anonymous data for any purpose, including using or disclosing it to third party websites.   2.3 All the information shared by the users are subjected to the local laws of the region, or may be used in an event the law-enforcing authorities need the same for complying with any regulations, or for assisting in any investigations, or for any crime-prevention purposes.  

3. Revision/Amendment of Terms

  We may amend this privacy policy from time to time. Use of information we collect now is subject to the privacy policy in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by posting an announcement on our Mobile App or website or by sending you an email. You are bound by any changes to the privacy policy when you use the Mobile App, Product or Service after such changes have been first posted.  

4. Governing Law

1. The jurisdictional court of (Name of the court) shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/ App or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
2. Swasthaham accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India, the mere fact that Website/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
3. Relationship between Website and legal name of the company

The website and app are owned and operated by Swasthaham. Any grievance/concern/complaint about our Privacy Policy or any withdrawal/amendment/alteration in the information shared by the user can be communicated to us at the following address or phone number:   (.........................)

6. Intellectual Property Rights

1. The App and the Website may feature trademarks, logos, service marks, product names and designations, by making these trademarks available through the App or the Website and in content, the Company is not selling you the App to use it in any manner, and you are not granted any rights under any of Company’s intellectual property rights.
2. The access granted to you under this agreement does not grant you any rights to trademarks, copyrights or patents of the Licensor.
3. Any unauthorised copying, displaying, selling or distributing or other use of any content on the website or the App is a violation of the law and shall be dealt with stringent legal action. Under Sec-55 of the Copyrights Act of 1955, any infringement of the copyright owned by Swasthaham shall result in civil remedy imposed in terms of injunctions, damages, compensations, or otherwise as may be conferred by law. The law also empowers Swasthaham to take criminal actions against the infringer which shall invite fine not less than ₹50,000 extending upto ₹ 2,00,000 or imprisonment for not less than 6 months upto 3 years or both under Sec-63 of the Copyrights Ac, 1999; Sec-103 & 104 of the Trade Marks Act, 1999 and Sec-118 of the Patents Act, 1970.
4. All the information/content shared by the provider, its affiliates, or any other authorised person to the user in the course of their subscription for availing the services of the provider, shall be the sole property of the provider and shall not be used by the user, except for the fulfilment of the purpose for which it is delivered, including but not limited to the diet plans, workout plans, and other such content.
5. The content provided by the coaches associated with Swasthaham shall be the sole property of Swasthaham with the coaches having no such rights upon the work that they submit to the organisation during the course of their employment with Swasthaham.

7. Provision for Indemnity and Limitation of Liability

You understand and agree that under no circumstances, the company, its agents, its affiliates, licensees, or suppliers shall be liable for any consequences/damages arising out of your misuse of the software, whether contractual, tortious, based on strict liability or otherwise. The company shall not be liable for any loss or damage including but not limited to damages of Personal injury, either direct, incidental, consequential, or otherwise arising out of breach of contract, negligence, strict liability, misrepresentation, failure or any remedy to achieve its essential purpose or any other legal theory arising out of, or related to this agreement or use of the app even if the company has been advised of such damages. In any case, the company shall have limited liability to the extent of the amount paid by you for the subscription of the website or the application. The User acknowledges and agrees to use the app as it is with all its data content, with all faults and without warranty, at their own risk and therefore, indemnifies the provider with any liability that may arise on account of breach of such data or otherwise through the access to the application/ or website.