Terms & Conditions
These terms and conditions (“Sugarfit Terms”) shall be applicable to all
diabetes related medical and diagnostic services and/or other ancillary
services and/or any other services provided on the Sugar.fit website,
m-web and mobile application (collectively referred to as “Platform”),
operated by Zencare Retails Private Limited and/or facilitated through its
partner company/ies (“Sugarfit” or “Us” or “Our” or “We”) and availed by
users (“You” or “Your” or “User”) of the Platform.
This document is an electronic record in terms of Information Technology
Act, 2000 and rules thereunder as applicable and the provisions pertaining
to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures. Please
read the Sugarfit Terms and Sugarfit Privacy Policy (collectively referred
to as “Agreement”) carefully before availing Medical Services or accessing
or using the Platform. Your use of the Platform and the Medical Services
shall signify Your irrevocable acceptance of the Agreement.
1. Information on the Platform
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i. Please note that any and all information, material or details
available on the Platform (except such information sought from a
Registered Medical Practitioner) is not a substitute for medical care or
advice and none of this information should be used for the purpose of
self-diagnosis or treatment. Please seek and rely on medical advice
sought from a Registered Medical Practitioner.
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ii. The details of the registered medical practitioners of Sugarfit
and/or third party registered medical practitioners (collectively
“Registered Medical Practitioners”), available on the Platform is not a
recommendation or endorsement by Sugarfit regarding the qualifications
or the services provided by such practitioners and appointments booked
by You to avail the Medical Services has been made by You voluntarily,
at Your option.
2. Relationship between You and Sugarfit
No doctor-patient relationship is created between You and Sugarfit or You
and any Registered Medical Practitioner engaged or appointed by Us, merely
by booking an appointment or purchasing a diabetes related health package
with Sugarfit as part of the Medical Services or any other services. Such
relationship is established only when information pertaining to Your
health and other medical records (“Medical Records”) are disclosed by You
to the Registered Medical Practitioners engaged or appointed by Sugarfit,
during a consultation session.
3. Consent
You hereby provide Your consent to Sugarfit to share (where required) the
Medical Records and/or obtain/store Medical Records which includes the
details recorded by the Registered Medical Practitioners in the course of
the consultations and reports generated by Sugarfit, its Registered
Medical Practitioners engaged by Us, and upload such medical and sensitive
information on the Platform. Additionally, You acknowledge that nurses,
paramedical staff, diagnostic service providers, other persons employed or
engaged by Sugarfit for providing You services may also have access to the
Medical Records and accordingly provide Your consent to share the Medical
Records with such persons. You hereby provide Your consent to share/notify
Your Medical Records (as monitored by Sugarfit) with You through SMS /
other messaging services including but not limited to, WhatsApp messaging
services. All Medical Records shall be stored, used and disclosed only in
the manner stipulated under the Sugarfit Privacy Policy. You can choose to
withdraw Your consent in the manner provided under the Sugarfit Privacy
Policy.
4. Secondary users
The Platform allows You to create a sub-account for family members and
friends (“Secondary User”) also. The information and details regarding the
Secondary User including their personal and sensitive information (such as
name, age, date of birth, contact number, email address) and appointments
on their behalf for Medical Services offered by Sugarfit can be maintained
by You on the account provided that You have been duly authorised by such
Secondary User in this regard. For avoidance of doubt, You hereby
unequivocally and unconditionally confirm that (i) the personal
information added by You on the account in relation to each Secondary User
has been added pursuant to the consent obtained by You from such Secondary
User, or in case of persons who do not have the capacity contract under
law, in Your capacity as the parent or legal guardian of such Secondary
User, and (ii) the Secondary User has consented to You receiving the
reports in relation to such Secondary User, and to Sugarfit storing,
possessing, sharing, using and accessing such information, reports and
Medical Records as per the terms hereof. Once You provide the contact
number of the Secondary User, the Secondary User will receive
notification/SMS from Us with respect to appointments, Medical Records,
etc.
5. Services
The following Services are offered by Sugarfit to You:
A. Medical Services: The term "Medical Services" shall mean and include
the services offered by Sugarfit to You which includes:
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Health Packages: Diabetes package and Pre-diabetes subscription pack.
These health packages may include devices such as CGM Sensor and/or
Glucometer (collectively “Devices”) for checking diabetes, glucose
levels, consultations from the Registered Medical Practitioner,
consultations from coaches for using the Devices and monitoring the
readings, and/or other related diagnostic tests. As part of onboarding
on our diabetes and pre-diabetes health packages, We will require
certain mandatory tests to be undertaken. We shall facilitate such tests
to be undertaken through our third party partners / clinics.
You will be required to install the CGM Sensor on your patch as may be
instructed by the Registered Medical Practitioners or the coach (as
the case may be) for monitoring the readings required for consultation
by the Registered Medical Practitioners. These readings will be
directly sent to the manufacturer of the CGM Sensor / collected
through Sugarfit’s authorized third party partner, and then shared
with Sugarfit for providing effective consultation to You. You may
also be required to take readings from the Glucometer as may be
instructed by the Registered Medical Practitioner and record the same
on the Platform to help Medical Practitioner provide better advisory.
B. Other Services:
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Ultrafit membership package ("ultra.fit”): This membership package shall
include Devices such as CGM sensor/ glucose monitors for checking
glucose levels, consultations from metabolic health coaches,
consultations from the Registered Medical Practitioner, consultations
from coaches for using the Devices and monitoring the readings,
nutrition plan and DIY fitness and mindfulness classes.
You will be required to install the CGM sensor on your patch as may be
instructed by the Registered Medical Practitioners or the coach (as
the case may be) for monitoring the glucose levels and general
metabolic health. These readings will be directly sent to the
manufacturer of the CGM Sensor / collected through Sugarfit’s
authorized third party partner, and then shared with Sugarfit for
providing effective consultation to You. You may also choose to
participate in certain lifestyle experiments ("Experiments”) relating
to your metabolic health such as changes in eating habits, sleep
schedule, etc. from the already available Experiments on the Platform.
Medical Services and Other Services on the Platform may also have the
following components (as applicable):
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i. Appointments: Sugarfit shall allow You to book an appointment with
the Registered Medical Practitioners or coaches (as the case may be)
engaged with Sugarfit, either directly or indirectly, through the
Platform. You may also cancel or reschedule Your appointments as per
Clause 6 below. Appointments booked on the Platform for physical
consultations or tele-consultation with Sugarfit ’s Registered Medical
Practitioners are subject to the availability of such respective medical
practitioners. The details of the Registered Medical Practitioners
available on the Platform is not a guarantee of their services. We
reserve the right to cancel or reschedule any appointment at any time.
We shall use best efforts to intimate You in advance of such
rescheduling or cancellation. However, We shall not be responsible in
any manner for any inconvenience or loss caused to You as a result of
such rescheduling or cancellation.
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ii. Tele-consultation: All tele-consultation services are provided only
by Registered Medical Practitioners based on the Medical Records
provided by You and any errors in the Medical Records or lack of
information may lead to inaccurate or incomplete medical advice. The
Medical Records shared by You with such practitioners shall be subject
to the Sugarfit Privacy Policy or the policies of the respective
third-party clinics or hospitals or third party registered medical
practitioners engaged by Sugarfit. Please note that Sugarfit and/or the
Registered Medical Practitioners do not record, save or download a copy
of the consultation. However, Sugarfit and the Registered Medical
Practitioners, employees, agents and consultants shall not be
responsible for any loss, cost, expenses, inconvenience or suits caused,
suffered or instituted against You as a result of such tele-consultation
services, in any manner whatsoever. It is recommended that medical
advice be sought through physical consultation with the concerned
medical practitioner. If You choose to proceed to take medical
consultation through tele-consultation, then You do so at Your own risk.
You may use the tele-consultation services even if You do not reside in
India, however, it is recommended that the medical advice provided to
You by the Registered Medical Practitioners engaged by Us, be validated
by practitioners in the country of Your residence. Please note that
ultra.fit is not available to You, if You reside outside India. There
may also be instances when tele-consultations should be followed-up with
physical consultations and/or diagnostic tests. Accordingly, You are
advised to consider these factors while opting for the
tele-consultation.
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iii. Diagnostic services: Sugarfit shall allow You to avail diagnostic
services by booking appointments on the Platform and shall on a best
effort basis ensure that the reports in respect of such diagnostic
services are provided to you within the time period specified at the
time of booking the appointment. The reports shall be made available to
You on the Platform. Please note that We will not handover the report to
any third person, including family members, without Your consent.
However, we may disclose information or provide reports to family
members if required under applicable laws. These diagnostic services are
facilitated by third party partners through the Platform. You hereby
provide Your consent to Us to share Your personal data to the extent
required for providing such diagnostic services.
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iv. Record management and health monitoring: We shall provide You with
the necessary infrastructure including but not limited to Devices (which
may or may not be provided) and access to Registered Medical
Practitioners for managing your diabetes related lifecycle or for
monitoring your glucose levels and general metabolic health (as the case
may be) on the Platform.
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v. We provide the following offerings:
Tele-consultations from Registered Medical Practitioners
Tele-consultations from Metabolic Health Consultants
Diagnostic services from / through third party clinics or partners
Device offerings through third party partners
Coaches to train on the usage of the Devices
Sugarfit, as part of its core philosophy, under its diabetes packages will
strive for reversing Your diabetes once You opt for Medical Services.
“Diabetes Reversal” for the purpose of Sugarfit Terms shall mean
maintaining an HbA1c below 6.5%, with the elimination of glycemic control
(diabetic) medications (except for Metformin which is used by individuals
for reasons other than blood sugar control). To achieve reversal, You will
have to strictly adhere to the Sugarfit's programme and Health Package
over a period of 12 months or more depending upon the situation (on a case
to case basis) and recommendation from the Registered Medical
Practitioner. However, We do not guarantee any cure of diabetes since this
disease of diabetes depends on multiple factors including but not limited
to, behavioural and lifestyle changes and have all the attributes of
coming back to an individual whose diabetes had been reversed using the
Sugarfit’s programme and / or Health Package.
ultra.fit aims at improving your general metabolic health and for
achieving this objective, You may choose to participate in Experiments
with the purpose of exploring and switching to healthier alternatives in
relation to eating, sleep schedule, etc. and monitor your glucose levels.
Please note that participating in such Experiments is optional and can be
discontinued at any point in time during the subsistence of your ultra.fit
package. Sugarfit does not promote/endorse consumption of any of the food
items included in the Experiments, nor does it promote/ endorse any
particular form of lifestyle. Results of Experiments may vary from person
to person and are dependent on a number of factors other than your food
intake. Sugarfit does not guarantee accuracy in results of Experiments and
same shall not be construed as medical advice in any form, whatsoever.
Please note that We provide the above services through Our Platform. To
ensure that We provide premium service to You, We may sometimes tie-up
with other third party hospitals and clinics for their expertise. You
hereby consent to Us sharing Your Medical Records with such third-party
hospitals or clinics, nursing homes or similar institutions without
requiring any further action. Please note that We shall not be responsible
for any pilferage of information or illegal dissemination of Your Medical
Records by such third party. If requested, We will provide You with the
details of the third party with whom We have shared Your Medical Records
if You send an email to hello@sugarfit.com.
Please note that appointments for physical consultations and
tele-consultations may not be advisable in cases of emergency or critical
conditions since We cannot guarantee appointments. We shall not be
responsible for any inconvenience or loss caused to You as a result of
delay in medical evaluation or treatment.
Please further note that devices that may be provided as part of Medical
Services are provided by third party sellers licensed to sell said devices
and your usage of the said devices is governed by its own set of terms and
conditions. Please read the terms and conditions for such devices prior to
usage. Your usage of the same may be construed as your consent to such
terms and conditions.
6. GLP-1 Weight Management Program Terms
6.1 Program Description and Acceptance
The GLP-1 Weight Management Program (the "GLP-1 Program") is a structured
medical, diagnostics, and lifestyle program that involves remote patient
monitoring and may include the prescription of Glucagon-like Peptide-1
(GLP-1) receptor agonist medicines ("GLP-1 Medicines"). Enrollment in the
GLP-1 Program is strictly conditional upon:
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a. Completing a comprehensive medical and diagnostic assessment, the
results of which are acceptable to the prescribing physician.
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b. Being deemed medically eligible for GLP-1 therapy by a
Sugarfit-affiliated Registered Medical Practitioner (RMP).
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c. Providing explicit, written informed consent to the RMP and to
Sugarfit for the treatment, including acknowledgement of all known and
potential side effects associated with the GLP-1 Medicines.
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d. Adherence to all clinical protocols, monitoring requirements (e.g.,
follow-up diagnostics), and titration schedules prescribed by the RMP.
Failure to adhere may result in immediate discontinuation of the
medication and termination of the clinical portion of the Program.
6.2 No Guarantee of Results and Program Discontinuation
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a. Efficacy Disclaimer: Sugarfit provides no warranty or guarantee
regarding the effectiveness, weight loss outcome, or metabolic
improvement resulting from the GLP-1 Program. Results are highly
dependent on individual biological responses, adherence to lifestyle
changes, and medication compliance.
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b. RMP’s Discretion: The RMP reserves the absolute right to modify,
switch, or discontinue the GLP-1 therapy immediately if, in their
professional clinical judgment, the User develops adverse effects, fails
to respond to treatment, or becomes clinically ineligible for the
medication. Such discontinuation shall not entitle the User to a refund
for coaching or administrative services already rendered.
6.3 Limitation of Liability and Waiver for Medication
By enrolling in the GLP-1 Program, the User explicitly acknowledges and
agrees to the following Waiver of Liability, which shall operate
notwithstanding anything contained in Clause 12 (Limitation of Liability):
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a. Sole Clinical Responsibility: The ultimate decision to prescribe,
adjust, or discontinue any medication, including GLP-1 Medicines, rests
solely with the prescribing Registered Medical Practitioner affiliated
with Sugarfit, acting in their professional capacity and based on their
independent clinical judgment.
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b. Medication Risks: The User understands that all medications,
including GLP-1 Medicines, carry inherent risks of side effects, adverse
reactions, and varying degrees of efficacy. The User confirms having
been informed of these risks by the RMP and through accompanying patient
information materials.
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c. Liability Waiver (Medication): Sugarfit’s liability is strictly
limited to the quality and delivery of its administrative, coordination,
and coaching services. Sugarfit, its affiliates, directors, employees,
or medical practitioners shall not be liable for any direct, indirect,
special, incidental, or consequential damages, losses, or injuries
(including severe adverse events, hospitalization, or death) arising
from or related to the ingestion, use, misuse, or side effects of the
GLP-1 Medicines themselves.
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d. Manufacturer Liability: Any liability concerning the safety, purity,
quality, efficacy, or manufacture of the GLP-1 Medicines rests solely
with the pharmaceutical manufacturer of the medicine.
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e. Third-Party Providers: The User accepts that Sugarfit coordinates
services with third-party providers (e.g., licensed
pharmacies/suppliers, diagnostic labs) and Sugarfit shall not be liable
for the acts, omissions, or negligence of these third parties in
dispensing, delivery, or testing, provided that Sugarfit used reasonable
diligence in selecting and managing such partners.
7. Cancellation/rescheduling of appointments
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i. You may cancel the appointments for the Medical Services prior to the
appointment. The cancellation shall be governed as per the timelines
mentioned on the Platform. You shall not be entitled to any refunds if
appointments are cancelled after the period as specified in the timeline
provided on the Platform.
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ii. You may reschedule the appointments for the Medical Services prior
to the appointment, subject to availability of a time slot/registered
medical practitioner for appointment. Timelines mentioned on the
Platform shall govern such rescheduling of appointments.
8. Fees/Refunds/Payment Services
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i. All payments in respect of the Medical Services and/or other Services
shall be collected in advance on the Platform. Additional taxes or
third-party charges may apply. We understand that plans can change, and
we’re here to support you as best as we can. However, please note that
Sugar.fit does not offer refunds for cancellations—whether initiated by
you, by Sugar.fit, or by our partner clinics, hospitals, or third-party
providers. For any concerns, clarifications, or to explore possible
alternative options, we encourage you to contact our support team.
Timelines for refund of the designated amount to the source account
shall be governed as per the relevant bank’s policy.
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ii. All payments in respect of the Medical Services and/or other
Services shall be made through the Platform. To the extent permitted by
applicable law and subject to the Sugarfit’s Privacy Policy, you
acknowledge and agree that Sugarfit may use certain third-party vendors
and service providers, including payment gateways, to process payments
and manage payment card information.
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iii. In order to make payments online, You undertake to use a valid
payment card or bank details or third party wallets or details required
for any other mode of payment (“Payment Details”) with the authority to
use the same, to have sufficient funds or credit available to complete
the payment on the Platform in good standing. By providing the Payment
Details, You represent, warrant, and covenant that: (1) You are legally
authorized to provide such Payment Details; (2) You are legally
authorized to perform payments using such Payment Details; and (3) such
action does not violate the terms and conditions applicable to Your use
of such Payment Details or applicable law. You agree that You are
responsible for any fees charged by Your mobile carrier in connection
with Your use of the payment services through Your mobile. Sugarfit
shall use the Payment Details as described in the Sugarfit’s Privacy
Policy. You may add, delete, and edit the Payment Details You have
provided from time to time through the Platform.
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iv. There shall be two (2) invoices generated through the Platform, one
from Sugarfit for consultation provided by the Registered Medical
Practitioner or coaches and the other from third party partners who
shall be invoicing for the Devices as part of the packages under
different Services being offered on the Platform. The payment receipt
and transaction summary shall be made available on the Platform and also
sent to Your registered email address. Platform shall collect the
payment on behalf of the respective third-party partner, and eventually
settle the same.
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v. Except to the extent otherwise required by applicable law, Sugarfit
is not liable for any payments authorized through the Platform using
Your Payment Details. Particularly, Sugarfit is not liable for any
payments that do not complete because: (1) Your payment card or bank
account or third party wallet does not contain sufficient funds to
complete the transaction or the transaction exceeds the credit limit in
respect of the Payment Details provided; (2) You have not provided
Sugarfit with correct Payment Details; (3) Your payment card has
expired; or (4) circumstances beyond Sugarfit’s control (such as, but
not limited to, power outages, interruptions of cellular service, or any
other interferences from an outside force) prevent the execution of the
transaction.
9. Use of Platform
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1. Subject to compliance with the Sugarfit Terms, Sugarfit grants You a
non-exclusive, revocable, limited privilege to access and use this
Platform and its Services. You agree to use the Services, Platform and
the materials provided therein only: (a) for purposes that are permitted
by the Sugarfit Terms; (b) for purposes for which the Platform is meant
to be used; and (c) in accordance with any applicable law, regulation or
generally accepted practices or guidelines. You agree not to engage in
activities that may adversely affect the use of the Platform by
Sugarfit/other Users.
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2. You agree not to access (or attempt to access) the Platform and the
materials therein or the Services by any means other than through the
interface that is provided by Sugarfit. You shall not use any deep-link,
robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Platform or Content (as
defined below), or in any way reproduce or circumvent the navigational
structure or presentation of the Platform, materials or any Content, to
obtain or attempt to obtain any materials, bookings, documents or
information through any means not specifically made available through
the Platform.
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3. You acknowledge and agree that by accessing or using the Platform or
\ Services, You may be exposed to content from others that You may
consider offensive, indecent or otherwise objectionable. Sugarfit
disclaims all liabilities arising in relation to such offensive content
on the Platform.
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4. If the Platform allows You to post and upload any material/data on
the Platform, You hereby undertake to ensure that such material/data is
not offensive and is in accordance with applicable laws. All material
added, created, uploaded, submitted, distributed, or posted to the
Platform by You is Your sole responsibility. Sugarfit reserves the right
to review any information provided/data uploaded, if any, by You on the
Platform and delete any information/data that is inconsistent with these
Sugarfit Terms.
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5. Further, You undertake not to:
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i. defame, abuse, harass, threaten or otherwise violate the legal
rights of others;
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ii. publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information;
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iii. copy, republish, post, display, translate, transmit, reproduce
or distribute any content through any medium without obtaining the
necessary authorization from Sugarfit;
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iv. conduct or forward surveys, contests, pyramid schemes or chain
letters;
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v. upload or distribute files that contain software or other
material protected by applicable intellectual property laws unless
You own or control the rights thereto or have received all necessary
consents;
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vi. upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of the Platform or another's computer or provide You undue
advantage or benefit;
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vii. engage in any activity that interferes with or disrupts access
to the Platform or the Services (or the servers and networks which
are connected to the Platform);
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viii. attempt to gain unauthorized access to any portion or feature
of the Platform, any other systems or networks connected to the
Platform, to any of the server belonging to Sugarfit or its partner
companies, or to any of the Services offered on or through the
Platform, by hacking, password mining or any other illegitimate
means;
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ix. probe, scan or test the vulnerability of the Platform or any
network connected to the Platform, nor breach the security or
authentication measures on the Platform or any network connected to
the Platform. You may not reverse look-up, trace or seek to trace
any information on any other User, of or visitor to, the Platform,
to its source, or exploit the Platform or Platform Services or
information made available or offered by or through the Platform, in
any way whether or not the purpose is to reveal any information,
including but not limited to personal identification information,
other than Your own information, as provided on the Platform;
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x. disrupt or interfere with the security of, or otherwise cause
harm to, the Platform, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Platform
or any affiliated or linked sites;
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xi. collect or store data about other Users in connection with the
prohibited conduct and activities set forth in this Section.
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xii. use any device or software to interfere or attempt to interfere
with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person’s use of the
Platform;
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xiii. use the Platform or any material for any purpose that is
unlawful or prohibited by these Sugarfit Terms, or to solicit the
performance of any illegal activity or other activity which
infringes the rights of Sugarfit or other third parties;
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xiv. falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded;
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xv. violate any applicable laws or regulations for the time being in
force within or outside India or anyone’s right to privacy or
personality;
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xvi. violate the SugarFit Terms contained herein or elsewhere; and
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xvii. reverse engineer, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information or software obtained from the
Platform.
10. Intellectual Property Rights
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1. The Platform and the processes, and their selection and arrangement,
including but not limited to, all text, videos, graphics, user
interfaces, Images, photos, visual interfaces, sounds and music (if
any), artwork and computer code (and any combinations thereof)
(collectively, the “Content”) on the Platform is owned and controlled by
Sugarfit and / or its licensors and the design, structure, selection,
coordination, expression, look and feel and arrangement of such Content
is protected by copyright, patent and trademark laws, and various other
intellectual property rights.
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2. The trademarks, logos and service marks displayed on the Platform
(“Marks”) are the property of Sugarfit and / or other respective third
parties, as the case may be. You are not permitted to use the Marks
without the prior consent of Sugarfit, or the third party that may own
the Marks.
11. Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted
by applicable law:
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i. the Platform and other Content are provided by Sugarfit on an “as is”
basis without warranty of any kind, express, implied, statutory or
otherwise, including the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Without limiting
the foregoing, Sugarfit makes no warranty that (i) the Platform or the
Services will meet Your requirements or Your use of the Platform will be
uninterrupted, timely, secure or error-free; (ii) the results that may
be obtained from the use of the Platform will be effective, accurate or
reliable; (iii) the quality of the Platform will meet Your expectations;
or (iv) any errors or defects in the Platform will be corrected. No
advice or information, whether oral or written, obtained by You from
Sugarfit or through use of the Platform shall create any warranty not
expressly stated in the Sugarfit Terms.
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ii. Sugarfit will not be liable for any loss that You may incur as a
consequence of unauthorized use of Your account or account information
in connection with the Platform, either with or without your knowledge.
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iii. Sugarfit has endeavoured to ensure that all the information on the
Platform is correct, but Sugarfit neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any
data, information. Sugarfit shall not be responsible for the delay or
inability to use the Platform or related functionalities, the provision
of or failure to provide functionalities, or for any information,
software, functionalities and related graphics obtained through the
Platform, or otherwise arising out of the use of the Platform, whether
based on contract, tort, negligence, strict liability or otherwise.
Further, Sugarfit shall not be held responsible for non-availability of
the Platform during periodic maintenance operations or any unplanned
suspension of access to the Platform that may occur due to technical
reasons or for any reason beyond Our control. You understand and agree
that any material or data downloaded or otherwise obtained through the
Platform is done entirely at Your own discretion and risk, and that You
will be solely responsible for any damage to Your computer systems or
loss of data that results from the download of such material or data.
12. Indemnification & Limitation of liability
Sugarfit shall provide all Services and shall ensure that all Services are
provided, professionally and in compliance with applicable law. If despite
such care and due diligence the reports generated by Sugarfit or any
partner of Sugarfit or any part thereof is found to be incorrect or
incomplete, the total liability of Sugarfit shall be limited to carrying
out a retest of the sample provided or carrying out another test using
such method which can provide reasonably error free results, free of cost.
The selection of the alternative test shall be made by Sugarfit at its
sole discretion. All medico legal liability attributable to Registered
Medical Practitioner engaged by Us shall be the sole responsibility of
such Registered Medical Practitioner.
You hereby acknowledge that under no circumstances shall Sugarfit or its
employees, consultants, agents or officers be liable for any direct,
indirect, special, punitive, or consequential damages that result in any
way from Your use of or inability to use the Services or to access the
Medical Records or Your use of any ancillary Services provided on the
Platform.
You further agree and confirm that Sugarfit shall not be responsible, in
any manner whatsoever, for any delay in performance or failure to meet its
obligations under this Sugarfit Terms which may be:
- caused, directly or indirectly, due to:
- Your failure to cooperate;
- Your unavailability and/or unresponsiveness;
- Unavailability of Registered Medical Practitioners;
- Cancellation of appointments;
- Your failure to provide accurate and complete Medical Records; or
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Your failure to provide or facilitate the submission of, Medical Records
or samples in a proper and timely manner.
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any event beyond Sugarfit's reasonable control including, but not
limited to, due to any force majeure event.
13. Violation of the Sugarfit Terms
You agree that any violation by You of these Sugarfit Terms will
constitute an unlawful and unfair business practice, and will cause
irreparable harm to Us and/or Our third party partners, as the case may
be, for which monetary damages would be inadequate, and You consent to
Sugarfit obtaining any injunctive or equitable relief that they deem
necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies that the Sugarfit and/or its third party
partners may have at law or in equity. If Sugarfit and/or third party
partner takes any legal action against You as a result of Your violation
of these Sugarfit Terms, they will be entitled to recover from You, and
You agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief that may be granted.
14. Suspension and Termination
The Sugarfit Terms will continue to apply until terminated by either You
or Sugarfit as set forth below:
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i. If You object to the Sugarfit Terms or are dissatisfied with the
Platform, your only recourse is to (i) close Your Account on the
Platform; and/or (ii) stop accessing the Platform.
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ii. Sugarfit may delist You or block Your future access to the Platform
or suspend or terminate your Account if it believes, in its sole and
absolute discretion that you have infringed, breached, violated, abused,
or unethically manipulated or exploited any term of these Sugarfit Terms
or anyway otherwise acted unethically. Notwithstanding anything in this
clause, these Sugarfit Terms will survive indefinitely unless and until
Sugarfit chooses to terminate them.
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iii. If You or Sugarfit terminate Your use of the Platform, Sugarfit may
delete any content or other materials relating to Your use of the
Platform without any liability to You or any third party for doing so.
However, your transactions details may be preserved by Sugarfit for
purposes of tax or regulatory compliance.
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iv. You shall be liable to pay for any Services that you have already
ordered till the time of termination by either party whatsoever.
15. Report Abuse and Grievance Redressal
In the event You come across any abuse or violation of these Sugarfit
Terms or if You become aware of any objectionable content on the Platform
or if You wish to report a grievance regarding Platform, please report the
same to the following e-mail id: hello@sugarfit.com.
16. Communications
You hereby expressly agree to receive communications by way of
SMS/WhatsApp and/or e-mails from Sugarfit, and other third parties
relating to the Platform and Services provided through the Platform. You
can unsubscribe/ opt-out from receiving communications through
SMS/WhatsApp and/or e-mail anytime by e-mailing to hello@sugarfit.com.
17. General Provisions
Notice: All notices from Sugarfit will be served by email to Your
registered email address or by general notification on the Platform. Any
notice provided to Sugarfit pursuant to the Sugarfit Terms should be sent
to hello@sugarfit.com with subject line - Attention: TERMS OF USE.
Assignment: You cannot assign or otherwise transfer the Sugarfit Terms, or
any rights granted hereunder to any third party. Sugarfit’s rights under
the Sugarfit Terms are freely transferable by Sugarfit to any third party
without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds
any provision of the Sugarfit Terms, or any portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected
by that provision, and the remainder of the Sugarfit Terms shall continue
in full force and effect.
Waiver: Any failure by Sugarfit to enforce or exercise any provision of
the Sugarfit Terms, or any related right, shall not constitute a waiver by
the Sugarfit of that provision or right.
18. Governing Law and Jurisdiction
These Sugarfit Terms shall be governed by the laws of India. In the event
of any dispute between the Parties in relation to these Terms, the courts
in Bangalore shall have exclusive jurisdiction.