USE OWNERSHIP - OTB Consulting Private Limited
All materials contained in this Android (Iphone) app and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site or/and application for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. You have no rights in or to the intellectual property of OTB Consulting Private Limited or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site or/and application is STRICTLY PROHIBITED unless you have obtained the prior written consent of OTB Consulting Private Limited. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this app. The use of materials from this Site or/and application on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this app can be made by contacting OTB Consulting Private Limited in writing at Business & Legal Affairs at OTB Consulting Pvt Ltd., "B-505, Veena Sur, Mahavir Nagar, Kandivali-West. Mumbai -400067, Maharashtra, India, email at firstname.lastname@example.org
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site or/and application including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You agree that any Message whatsoever submitted by you onto the site or/and application becomes the property of OTB Consulting Private Limited and may be used, copied, sublicensed, adapted, transmitted,distributed, publicly performed, published, displayed or deleted as OTB Consulting Private Limited sees fit.
A.PROFILE INFORMATION PROVIDED BY MEMBERS:
As part of registration, members must create profiles, which may contain certain identifying information (such as Name, contact number, Email id, age, waist, location, height, weight, dietary recall, fat percentage, skeletal muscle mass, etc.). OTB Consulting Private Limited relies on its members to provide current and accurate information, and OTB Consulting Private Limited does not investigate information contained in member profiles. OTB Consulting Private Limited DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
5. USER CONTENT:
User Content is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material) that you upload or post, display, perform or distribute by means of, the Services, whether in connection with your use of Website or/and Application. You hereby grant OTB Consulting Private Limited a perpetual, fully paid -up, worldwide, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for OTB Consulting Private Limited & it Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You will not be compensated for any exercise of the license granted under this section.
OTB Consulting Private Limited reserves the right to:
6. UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to OTB Consulting Private Limited via this app, these submissions become the property of OTB Consulting Private Limited and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as OTB Consulting Private Limited sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against OTB Consulting Private Limited, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
OTB Consulting Private Limited does, however, welcome your feedback regarding the existing business. If you want to send us your feedback, send it to at email@example.com. Any feedback you provide at this site or/and application shall be deemed to be non - confidential. OTB Consulting Private Limited shall be free to use such information on an unrestricted basis.
7. PROPRIETARY RIGHTS AND LICENCE
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned directly by OTB Consulting Private Limited. OTB Consulting Private Limited hereby grants you a, non-exclusive, royalty -free, license to use the Application for your personal use in accordance with these"appterms".
8. SERVICES PROVIDED IN APPLICATION:
A. USE OF THIS APPLICATION DOES NOT CREATE A DOCTOR – PATIENT RELATIONSHIP
OTB Consulting Private Limited provides the Services for informational purposes only. OTB Consulting Private Limited is not a medical professional, and does not provide medical services or render medical advice or diagnose or treat any medical or health condition. It is advised that before you use the services provided in the Website and Application, you should consult your Physician if you are in such health that may risk you from exercise or any diet. Also, OTB Consulting Private Limited is not responsible for any food allergy you may have after following the prescribed diet plan.
B. Nutritional Information provided in the Website/Mobile application an entered only to give you an idea about the food and to create a food log for your personal user. The database created may not provide you with complete and accurate information about the food nutrition, even though OTB Consulting Private Limited has tried to meet the standard for you to give you the basic idea about nutrition and diet. OTB Consulting Private Limited DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD LOG. Under no circumstances is OTB Consulting Private Limited is responsible for any damage or loss resulting on your reliance on the nutritional information provided in the Website and Application.
This Application is available to handheld mobile devices running Android (Iphone) app. OTB Consulting Private Limited will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside OTB Consulting Private Limited reasonable control. OTB Consulting Private Limited, its group of companies do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable. OTB Consulting Private Limited will not be responsible for any support or maintenance for the Application.
OTB Consulting Private Limited reserves the right to immediately terminate your use of, or access to, this app at any time if OTB Consulting Private Limited decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that OTB Consulting Private Limited considers to be inappropriate or unacceptable. In such event OTB Consulting Private Limited reserves the right to take appropriate legal action against you and you must cease all the use of the software.
11. DISCLAIMER OF LIABILITY AND WARRANTIES
While OTB Consulting Private Limited does its best to ensure the optimal performance of the app, you agree that you use this app and rely on material contained in this app at your own risk. The app, and all materials in this app, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that OTB Consulting Private Limited DOES NOT WARRANT that the app is fit for any particular purpose; that the functions contained in the materials in the app will be uninterrupted; that defects will be corrected; that the app is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that OTB Consulting Private Limited, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS/ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that OTB Consulting Private Limited is not liable for any defamatory, offensive or illegal conduct or material found in connection with this app, including such conduct or material transmitted by any means by any other person. You acknowledge that OTB Consulting Private Limited is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the site.
12. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the website and the Application will be in accordance with this agreement and with any applicable law and regulations. You warrant and agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD -PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD PARTIES WHICH MAY RESULT FROM YOUR USE OF SERIVICE.
13. RISK ASSUMPTION
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY OTB CONSULTING PRIVATE LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR APP AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
You agree to defend, indemnify and hold harmless OTB Consulting Private Limited, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this app; your failure to use the app; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
16. LEGAL COMPLIANCE
You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.
Except as explicitly stated otherwise, any notices shall be given by postal mail to OTB Consulting Private Limited Attn: Legal Department, B/505, Veena Sur, Mahavir Nagar, Kandivali-West. Mumbai - 400067, Maharashtra, India, or to the email address: firstname.lastname@example.org. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OTB Consulting Private Limited during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Mumbai (Maharastra, India).
If you do not agree with the terms of this Policy, please do not use this Website/Application or the avail the services provided by this Website/Application.
We receive information about you that is required during the time of registration with the Website/Application as well as the information you choose to share in a range of ways.
1.1 Information You Give Us. When you choose to sign up we collect your name, postal address, email address, phone number, username, password and other information you directly give us on our Site. Sharing details allows us to do things like show you age-appropriate content and advertisements.
We receive information about you whenever you interact with our Website/Application, such as when you send or receive a message; provide us with information relating to your health, weight and fitness regime. When you post any information on the Website/Application pertaining to your health and fitness, you give us your complete consent to track your nutrition, weight and other information which the Company deems necessary based on the information you provide us.
On posting information on our Website/Application we may receive additional information related data (or metadata), such as time, date, place you uploaded such information.
We may also receive data from computer, mobile phone or other device you use to access the Website/Application, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, type (including identifiers) of browser you use, or the pages you visit.
We may receive data whenever you visit a third party link through our Website/Application or through cookies, this may include the date and time you visit the website/application; the web address, or URL, you are on; technical information about the IP address, browser and the operation system you use; and, if you logged into myDIETist, your user ID.
1.2 Information We Get from Others. We may receive information about you from other sources and such information may be added to our Website/Application from time to time. Such information may include your behavior towards various content posted on our Website/Application from other sources.
1.3 Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Website/Application, we log Internet protocol (IP) address, and information about your use of and actions on our Website/Application.
1.5 Web Beacons. We may log information using digital images called Web beacons on our Website/Application or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.
We use the information we receive about you in connection with the Service we provide to you and such personal information is used as follows:
By granting us the permission/consent as of date, you allow us to provide you with informative features and services we develop in future that use the information we receive about you in new ways.
We store the data for as long as it is necessary to provide products and services to you and others, including those described above, typically, information associated with your account will be kept until your account is deleted.
Usage by Children: We don't knowingly collect, maintain or sell products or Services to people under age 13 or use personal information from our Website/Application about children under age 13. Children under the age of 18 should seek the consent of their parents before providing any information about themselves or their parents and other family members online.
3. SHARING OF PERSONAL INFORMATION
3.1 We may share personal information as follows:
3.2 We may make some content, products and services available through the Website through co-operative relationships with third party providers. We may share with such partner any information that you provide, or that is collected, in the course of visiting any pages that are made available in co-operation with our partner.
The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Website/Application you expressly consent to such sharing of the information.
4. INFORMATION CHOICES AND CHANGES
4.1 Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
4.2 You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
4.3 You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
5. SECURITY OF YOUR PERSONAL INFORMATION.
5.1 We take steps to help protect personal information, however you acknowledge that no company can fully prevent security risks
5.2 We do not under any circumstances represent that the Website/Application is free from including but not limited to viruses, spywares, cancel bots, Trojans, time bombs and any such application which may be placed on the Website/Application without our knowledge , however we shall take all the necessary and reasonable steps to ensure that the Website/Application is free from the above mentioned programs.
5.3 Where we have given you (or where you have chosen) a password that enables you to access all or certain parts of our Website//Application, you are responsible for keeping this password confidential. We require you not to share passwords with anyone.
6. CONTACT INFORMATION.
B/505, Veena Sur, Mahavir Nagar, Kandivali-West. Mumbai