PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM.
THIS PLATFORM MAY PROVIDE INFORMATION RELATED TO EXERCISE, FITNESS, DIET AND NUTRITION AND IS INTENDED FOR YOUR PERSONAL USE AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE BEGINNING ANY EXERCISE, FITNESS, DIET OR NUTRITION ROUTINE INCLUDING IF YOU ARE PREGNANT OR HAVE PRE-EXISTING HEALTH CONDITIONS. NOTHING CONTAINED IN THE PLATFORM SHOULD BE CONSIDERED AS MEDICAL ADVICE OR DIAGNOSIS.
YOU ASSUME ALL RISK OF INJURIES ASSOCIATED WITH PARTICIPATION INCLUDING, BUT NOT LIMITED TO, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF THE WEATHER, INCLUDING HIGH HEAT AND/OR HUMIDITY, AND ALL OTHER SUCH RISKS BEING KNOWN AND APPRECIATED BY YOU.
IF YOU HAVE NOT BEEN PHYSICALLY ACTIVE FOR MORE THAN 1 (ONE) YEAR, OR IF YOU HAVE ANY MEDICAL HISTORY THAT MAY PUT YOU AT RISK, INCLUDING, WITHOUT LIMITATION, ONE OR MORE OF THE FOLLOWING CONDITIONS, YOU MUST SEEK APPROVAL FROM A QUALIFIED HEALTH CARE PRACTITIONER PRIOR TO USING THE SERVICES: HEART DISEASE; HIGH BLOOD PRESSURE; FAMILY HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE; CHEST PAIN CAUSED BY PREVIOUS EXERCISE; DIZZINESS OR LOSS OF CONSCIOUSNESS CAUSED BY PREVIOUS EXERCISE; BONE OR JOINT PROBLEMS; DIABETES, HIGH CHOLESTEROL, OBESITY; OR ARTHRITIS.
YOU SHOULD DISCONTINUE EXERCISE IN CASES WHERE IT CAUSES PAIN OR SEVERE DISCOMFORT, AND SHOULD CONSULT A MEDICAL EXPERT PRIOR TO RETURNING TO EXERCISE IN SUCH CASES. WE RESERVE THE RIGHT TO DENY YOU ACCESS TO THE SERVICES FOR ANY REASON OR NO REASON, INCLUDING IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOU HAVE CERTAIN MEDICAL CONDITIONS.
YOU ACKNOWLEDGE YOUR USE OF THE PLATFORM AND THE CONTENT THEREON IS AT YOUR OWN RISK, ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, INCLUDING ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF ANY WORKOUTS OR DIETARY/NUTRITIONAL ROUTINE SET OUT ON THE PLATFORM.
YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS OF INJURY WITH ANY PHYSICAL ACTIVITY AND YOU HEREBY RELEASE BETTERLIFE AND ALL OF ITS EMPLOYEES, DIRECTORS, OFFICERS AND REPRESENTATIVES AND OTHER PARTIES INVOLVED IN THE CREATION, MAINTENANCE AND DISTRIBUTION OF THE CONTENT ON THE PLATFORM FROM ANY AND ALL LIABILITY ARISING AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT THEREON, INCLUDING, WITHOUT LIMITATIONS, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, ILLNESS, DEATH, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.
The Platform includes areas that are open to all visitors and password-protected areas, such as the secured financial information areas that may be accessed only by “account owners” and other authorized users (collectively, “Authorized Users”). These Terms apply to both the public areas of the Platform and the password-protected areas of the Platform.
Certain content and products on the Platform (“Services”) that Gabit may offer or that You may wish to access or purchase will require that You first register with Gabit and create an account (“User Account”), although many Services are accessible without the requirement of a User Account. These Terms apply equally to Your access to and use of any Services without establishing a User Account as well as Your access to and/or use of the Services for which a User Account is required.
When You access the Platform, You hereby represent and warrant that:
You agree, undertake and confirm that Your use of the Platform shall be strictly in accordance with applicable laws.
You further represent, warrant and assure that You shall not engage in any activity, host, display, upload, modify, publish, transmit, store, update or share any information or content that:
To establish a User Account, You may be required to provide Gabit with certain personal information, including without limitation, Your first and last name, e-mail address, and phone numbers (including cell phone numbers), that may be used to identify You as an authorized user of the Service. You agree that You will supply accurate information to Gabit when requested, and that You will update that information promptly if it changes. Gabit reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.
All rights, title and interests to the Platform, including all of the software and code that comprise and operate the Platform, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through the Platform (collectively, “Content”) are owned, or licensed, by Gabit. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Platform is, and shall be deemed to be, owned by Gabit including the copyright in the selection, coordination, arrangement and enhancement of the Content of the Platform.
We hereby grant You a limited, revocable, non-transferable and non-exclusive license to download and print copies of any portion of the Content on this Platform to which You have properly gained access, but only for Your own personal, non-commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content You download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Platform except as expressly provided in these Terms without our prior written permission. Nothing in these Terms shall be construed as transferring any right, title or interest in the Platform or its Content to You or anyone else, except the limited license to use the Platform and its Content on the Terms expressly set forth herein.
Some of the information, articles and other materials available through the Platform are provided to Gabit by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. Gabit does not endorse these materials or the vendors who supply them to us, nor does Gabit warrant or represent that these materials are current, accurate, complete or reliable.
The trademarks and service marks used or displayed on the Platform (“Trademarks”) are registered and unregistered trademarks of members of Gabit, its affiliates, or third parties. You may not use any Trademarks displayed on the Platform without the prior express written permission of Gabit or the trademark owner.
You acknowledge that the information on the Platform is provided “as is” and for general information only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If You have any concerns or questions about Your health, You should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from Your health-care professional because of something You may have read on the Platform.. The use of any information provided on the Platform is solely at Your own risk. You understand the nature of Services may involve physical activity and You assume all risk of physical injury, whether minor, severe or otherwise resulting from it and You shall at all times be responsible for Your own safety and wellbeing.
YOU MUST NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT AS RESULT OF ANY INFORMATION YOU HAVE SEEN ON OR ACCESSED THROUGH THE PLATFORM. IF YOU HAVE ANY SPECIFIC QUESTIONS ABOUT ANY MEDICAL ISSUE YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION.
YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, INJURIES, OR LOSSES THAT YOU MAY SUSTAIN OR INCUR, IF ANY, WHILE ATTENDING OR PARTICIPATING IN ANY HEALTH PROGRAMME, EXERCISE ROUTINE OR PHYSICAL ACTIVITY. YOU HEREBY WAIVE ALL CLAIMS AGAINST GABIT, ITS DIRECTORS, ITS OFFICIALS AND EMPLOYEES, FOR ANY AND ALL CLAIMS FOR INJURIES OR DAMAGES THAT YOU MIGHT SUSTAIN.
Your use of the Platform and all of the Content and Services made available through this Platform, is at Your sole risk. The Content and services made available through the Platform, are provided by the third parties and Gabit has not provided any representations or warranties of any kind whatsoever in this respect. To the fullest extent permitted by law, Gabit, Its Affiliates and their respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to the Content and Services made available through the Platform; Your use of the Platform; or any web applications to which the Platform is linked. Without limiting the generality of the foregoing, Gabit, its affiliates and their respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties w.r.t. Content, Products or Services proposed to be sold, or offered to be sold, or purchased or inquired through the Platform (a) of merchantability, fitness for a particular purpose, title and non-infringement; (b) arising from course of dealing or course of performance; (c) that the Content and Services is accurate, complete, current, relevant or reliable; (d) quality, value, salability; (e) that Your use of the Platform will be uninterrupted or error-free; (f) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party (g) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.
Gabit disclaims any responsibility or liability to the fullest extent permitted by applicable law, whether in contract, tort (including, without limitation, negligence), or otherwise, for any loss or damage arising from any reliance on or the use of the Platform in any way. Gabit shall in no way be responsible or liable for customer satisfaction, and any guarantee or warranty in relation to the products or services will be the responsibility of the seller/service provider. Gabit disclaims all warranties or representations regarding the compatibility or security of the Platform or our systems with Your device.
UNDER NO CIRCUMSTANCES, SHALL GABIT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS ETC, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE PLATFORM, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELIANCE BY YOU THAT THE CONTENT AND SERVICES IS ACCURATE, COMPLETE, CURRENT, RELEVANT OR RELIABLE; (D) QUALITY, VALUE, SALABILITY; (E) THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF GABIT OR ONE OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IN NO EVENT SHALL GABIT’S LIABILITY TO YOU EXCEED THE AMOUNT RECEIVED BY GABIT FROM YOU FOR ANY SERVICES OR PRODUCTS THROUGH THE PLATFORM UNDER THE APPLICABLE ORDER ID.
You agree to defend, indemnify and hold harmless Gabit, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Content, Service and Platform; (ii) Your violation of any of the Terms; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the Service and Platform.
Some applications offered by way of the Services or otherwise referenced on the Gabit website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content, products or access additional features without having to leave the application. The device on which You are accessing such applications may include settings that prevent access to certain features or content, which may allow You to turn off the ability to make in-app purchases. Please review Your settings on Your device or seek advice from Your data carrier or the manufacturer of Your device on how to change Your settings or enable restrictions. While some of the content accessible through the Gabit Services are free to access and view, some content are not free and can only be accessed and viewed after the applicable payment is made.
We may manage, regulate, control, modify or eliminate in-app purchases at any time, with or without notice. We shall have no liability to You or any third party in the event that Gabit exercises any such rights.
The transfer of merchandise including any products and services made available through in-app purchases (“Merchandise”) is prohibited by You except where expressly authorized in the Service. Other than as expressly authorized in the Service, You shall not sell, redeem or otherwise transfer Merchandise to any person or entity, including but not limited to Gabit, another user or any third party.
All purchases of Merchandise made through the service are final and non-refundable.
We strive to provide accurate product and pricing information, however errors may occur. We cannot confirm the price of the Merchandise until You make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by You. In the event that an item is wrongly priced, we may, at our discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. In the event, we are unable to deliver the product to You on time or at all, You will be notified by an e-mail and Your order will be automatically cancelled due to unavailability of the product or at Your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. We shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
In the event that we accept Your order the same shall be debited to Your credit card/ debit card account and duly notified to You by email that the payment has been processed. The payment may be processed prior to dispatch of the product that You have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to Your credit / debit card account. You agree to pay all fees and applicable taxes incurred by You or anyone using a user account registered to You. We may revise the pricing for the goods and services offered through the service at any time. We may also revise and cease to make available any product/ services at anytime.
All payments for any Merchandise purchased through the Platform, shall be made by using the payment gateway linked with the Platform. By initiating the payment through any of the possible modes, You hereby represent and warrant that You have the authority to use such payment mode and have sufficient funds to complete the services. By providing such details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such details; (2) You are legally authorized to perform payments using such details; and (3) such action does not violate the terms and conditions applicable to Your use of such details or applicable law.
You agree and acknowledge that we may use the services of a third-party payment gateway provider for the purpose of collection of fees, payments, purchase price for the products or services. You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). The said third party payment gateway provider may collect certain personal and financial information such as credit card details, name, address, phone number and You have no objection to this data being collected, stored and processed and You consent to sharing this data for this purpose.
You acknowledge and agree that we do not operate, own, or control the payment gateway and only facilitate the third-party payment gateway for processing of payment. You agree and acknowledge that if any information is required to be disclosed by any order of a court or regulatory authority of competent jurisdiction may be disclosed to such court or regulatory authority to the extent specified in the order. You agree that we shall not be liable or responsible for the activities or consequences due to misuse of any information that occurs as a result.
It is Your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address). We do not validate credit card information required by the customer's payment provider to secure payment.
Any billing or order related discrepancies (such as items, quantity, billing address etc.) need to be notified to us within fifteen (15) days of the payment. If it is not brought to our attention within fifteen (15) days, You agree to waive Your right to dispute such discrepancies.
Gabit's cancellation policy gives you an option to cancel any items purchased on Gabit prior to dispatch of the first shipment for the order. You can track your order under ‘Your orders’ section of your profile on Platform or via link sent to your mobile phone.
On receipt of the cancellation request, we will attempt to cancel the order/shipments as long as it is not “In Transit” and, as long as the cancel option is available on App/Website/M-site. This includes items purchased on sale as well. Any amount paid will be credited into the same payment mode using which the payment was made.
You can initiate a cancellation request, by following the steps mentioned below:
Gabit's returns policy gives you an option to return items purchased on Gabit for any reason within the specified return period (check product details page for the same). We only ask that you don't use the product and preserve its original condition, tags, and packaging.
Returns will not be accepted under the following conditions:
Please note that the free gift is included as a part of the item order and needs to be returned along with the originally delivered product.
You can initiate a return or exchange request, by following any of the steps mentioned below:
For digital products such as the Gabit Smart Ring, there is no return or refund possible.
If the Product or package delivered has any physical damage, has a missing part, or is different from what was ordered basis the Product description on our Platform or is defective you are required to contact us to intimate of the physical damage, missing, or wrong product etc., within 48 hours from the time of delivery.
You shall keep the Products in their unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up.
We would accept the request for the return of such Product subject to the terms of this Policy. You agree that we will not accept the return of any Product:
For products in warranty period, upon verification, if the Product has any manufacturing defects, we will inspect and repair/replace it within 90 days from verification and intimate of the same to You.
In case of cancellation before shipment, we process the refund within 24-48 business hours after receiving the cancellation request.
In case of returns, we process the refund within 24-48 business hours after receiving the product.
For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 24-48 business hours of us receiving the products back. It may take 5-7 additional business days for the amount to reflect in your account.
For cash on delivery transactions, we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 24-48 business hours of us receiving the products back. It will take an additional 5-7 business days for the amount to reflect in your account.
For digital products such as Gabit Smart Ring, there is a 12 month warranty from the date of purchase. The warranty covers manufacturing defects on the hardware.
For any manufacturing defects, we will inspect, and repair or replace them within 90 days from verification of the Product claim.
The warranty service is only valid in India where the Product was purchased, the Product is not eligible for any international warranty.
The warranty only covers manufacturing defects and does not cover damage resulting from normal wear and tear; usage of the Product other than its normal use; unauthorised repair, alteration being carried out; misuse, accident, however, caused to the Product; connection to a device not fit for use; spillage of food or liquid or from improper modification of the Product.
We currently do not offer subscription cancellation or refunds.
In case of a subscription switch, the expected refund amount would be calculated pro-rata for remaining days of the original subscription, and deducted from the total chargeable amount of new subscription being purchased. Please check both the amounts carefully while making the new subscription purchase.
Our products are meticulously packaged using high-quality materials and techniques to ensure the safe delivery of our products to your doorstep.
For orders with multiple products, delivery may be made in multiple shipments.
Delivery typically takes between 2 to 7 business days from the date of order placement, depending on the location.
The estimated shipping and delivery timelines are available on the order details page upon placement of the order. Please note that the estimated delivery times are indicative and there may be unforeseeable delays beyond our control. In such cases, we will strive to notify you by email.
If we are unable to deliver the product within the estimated delivery date, you will have the right either to cancel the order or wait for the product to be delivered.
Your order may be cancelled due to unavailability of the ordered product or at your instructions if the product cannot be delivered within the expected delivery time.
The company shall not be liable for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
Upon dispatch, you will receive an email with the tracking number and courier company details. Orders may be tracked by clicking the ‘Orders’ option under ‘Ordering’ section in your user profile. The order status can be tracked after 24 hours from the time of dispatch.
These health and fitness plans (“Subscription Plans”) form part of the overall Services that Gabit may offer to you via the Platform which You may wish to access or purchase through Your User Account. These additional Terms apply equally to Your access to and use of any Services without establishing a User Account as well as Your access to and/or use of the Services for which a User Account is required.
We may offer you the following Services:
Consultations: Our current Subscription Plans as per the package chosen offer teleconsultations with health coaches, nutritionists and registered medical practitioner. A registered medical practitioner may include a doctor registered with Medical Council of India or healthcare providers including an individual, organization or hospital (“Medical Practitioner”) as part of the Plans.
The teleconsultation facility with Medical Practitioners (“Teleconsultation”) is intended to supplement your journey to getting healthy and fit by providing you access to a Medical Practitioner who can advise you from a clinical standpoint. We do not offer such Services on standalone basis and are only offered as part of a Subscription Plan.
Please note that prescribing medications via Teleconsultation is at the professional discretion of the Medical Practitioner. If at any point the Medical Practitioner is of the opinion that the Teleconsultation is beyond the scope of telemedicine or requires a physical consultation and/or diagnostic tests, then the decision of the Medical Practitioner shall be final in that respect and We bear no responsibility for the same.
As part of the Teleconsultation, You understand and acknowledge that You may need to disclose your health information, medical history including any reports and data generated by Us on the Platform (“Health Record”) to the Medical Practitioner and any persons employed or engaged by Us for providing You the Services including but not limited to health coaches, nutritionists. You consent that your Health Records may be accessed by our employees, coaches, nutritionists and third-party service providers who we may engage for providing you the Services.
If you are below 18 years of age, please approach your parent/guardian so that you can access these Services. In case of any minors or other users who cannot contractually consent to the Services and are part of/accessing the Services via Your User Account, tele consultation would be allowed only if the minor or such other user is consulting along-with an adult or caregiver (as applicable) whose identity needs to be ascertained and that their prior consent has been taken by You for sharing their Health Records.
If you are the parent/legal guardian of a child that is below 18 years of age, by allowing your child to use Your User Account to access the Services, you agree to take responsibility for: (i) your child’s actions in their use of the Platform; (ii) any charges associated with your child’s use of the Platform and (iii) their compliance with these Terms. You must be present and accompany your child during any teleconsultation with health and fitness coaches, nutritionists or with a Medical Practitioner.
You agree that the Medical Practitioner may need to verify and confirm the patient’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate. Once your request is accepted, the Platform may provide Your information to the Medical Practitioner, including Your name and identification number. You agree to provide proof of identity (which includes a valid photo identification as applicable) and such information as requested by the Medical Practitioner to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied the Teleconsultation if you refuse to provide proof of identity or assume a false identity. The Medical Practitioner reserves the right to decline any request for video consultation through the Platform in its absolute discretion.
A doctor patient relationship is created once You have shared any Health Record with the Medical Practitioner and such relationship shall exist between you and such Medical Practitioner. Once the teleconsultation is over, a prescription shall be issued by the Medical Practitioner and shared with you promptly.
If you are using the video consultation functionality, you acknowledge and agree that:
These Community Guidelines apply to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information that you post on the Platform.
Please keep in mind that our message boards are public, and when you make something publicly available on the internet, it becomes practically impossible to take down all copies of it in the future. We are not responsible for any actions taken by third-parties with respect to such published content. If you need help removing your posts from the public sections of our Platform, please contact us at email@example.com.
We encourage you to interact by engaging with the community and discussing relevant topics keeping in mind the following simple rules:
You agree and understand that you are fully responsible for any content that you post on any Public Forums and that your remarks, information, feedback or other content posted or made available on any such Public Forums, if deemed defamatory or otherwise legally actionable may lead to a claim for damages suffered by other members or third parties. As per section 79 of the Information Technology Amendment Act, 2008, Gabit is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available by You on the Platform.
The Platform is moderated by us. However, we might or might not be able to screen community activity before it goes live and all posts to the community can show up right away. If you see a post that you feel violates our guidelines, you can help us by reporting a post right away. Our goal is to get to reports as soon as possible and we may reach out to your for more information regarding the report. We monitor site content to check for information that could be harmful. We also watch for anyone misusing or breaking the conditions outlined in the Community Guidelines. Solely at our discretion, we may edit or remove content or block members that violate the Terms and Community Guidelines.
Views expressed in this community are solely the views of the members and do not represent professional recommendations, policy or advice of Gabit.
In order to join a community group in Gabit or access similar services that provide Public Forums or interactions with other members, You may be required to keep your privacy settings off, which may make certain identifying information (such as profile photos, etc.) public to other users. In addition, members have the option to post photographs, messages, videos and other information on Gabit Public Forums. You are requested to provide current and accurate information. We do not and cannot review or investigate information contained in member public profiles. Accordingly, we assume that any information contained in Your public profile is current and accurate.
BETTERLIFE DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE PLATFORM OR SERVICES.
At Gabit, we are committed to providing an inclusive, safe and respectful digital environment for all users. We take all online harassment incidents very seriously and are committed to promoting online safety and welfare. Any member of the community who feels that they have been the subject of harassment on our Platform so that they can access appropriate support and ensure that all reports are addressed seriously and fairly.
We do not tolerate any form of harassment which leads to creating an intimidating, hostile, degrading, humiliating or offensive environment for any individual or group and such harassment includes, but is not limited to the following examples:
We take all reports of harassment seriously and investigate them promptly. Any user found to be in violation of this policy will be banned immediately from the Gabit community, and their Gabit account will be terminated. We also reserve our right to report any such harassment or any acts perceived to be a crime to local law enforcement authorities.
If you experience or witness any form of harassment on our Platform or at any Gabit event, classes or activities, please report it immediately by using the report feature on the platform or by dropping us a mail at firstname.lastname@example.org. We will take appropriate action to address the situation promptly.
Thank you for helping us to create a safe and respectful community for all Gabit users.
As we add new features and functionality to the Platform, we may need to update or revise these Terms. We therefore reserve the right to update or revise these Terms, at any time and without prior notice, by posting the revised version on the Platform. These changes will be effective as of the date we post the revised version on the Platform.
Your use of the Platform following any such change constitutes Your consent to the terms of the revised Terms. For this reason, it is important to review these Terms regularly.
You may access the current version of these Terms at any time on our Website or App homepage.
We welcome Your comments, feedback, suggestions, submissions, posts, ideas and other communications regarding the Platform and the information and services we make available through the Platform (collectively, “Feedback”). The Feedback You provide to us through the Platform will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in Your Feedback, including all copyrights and other intellectual property rights in Your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, we ask that You not send us any Feedback that You do not wish to assign to us.
The Chat Support has been provided to help You with any and all Platform related queries. You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene while using the chat functionality. In the event You use abusive language and/or post objectionable information, we reserve the right to suspend the chat support service and/or block Your access and usage of the Platform, at any time with or without any notice. Gabit or its executives are not responsible for any delay caused in attending to or replying to the queries via chat. We may store any communications with You for future reference and You may not have the right to access such information at any future date.
We may terminate Your access or use of the Platform at any time if:
Gabit shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Gabit, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
We reserve the right to discontinue or modify this App at any time without prior notice.
You may link our Website, provided You do so in a way that is legal and fair. You acknowledge and agree that You will not link the Website, App, Services to any site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You. Our Website, App or Services must not be framed on any other site, nor may You create a link to any part of our site other than the home page of our Website.
Any violation of this provision may, in our sole discretion, result in termination of Your use of and access to the Platform and Services effective immediately.
These linked sites are under no way in control of Gabit and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by You from any linked site. The Website/ App provides links to You only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on Your own before relying on such information.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein or under law shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
This Agreement shall be governed and construed in accordance with the laws of India. Any dispute or claim arising out of, or relating to, either party’s performance under this Agreement or the interpretation, validity, or enforceability of this Agreement, shall, at the first instance, upon the written request of either party to the other party, be attempted to be resolved amicably through mutual negotiation. In this regard, both parties shall nominate a suitably authorized and competent person/persons for participating in this process and Parties shall meet in good faith and attempt to resolve such claims or issues. In case the parties fail to arrive at an amicable settlement within a period of 30 (Thirty) days from the date of receipt by a party of the written request by the other party seeking initiation of settlement talks in terms of sub clause (b) above, any and all outstanding issues/disputes/claims shall be referred to Arbitration before a Sole Arbitrator in terms of the provisions set out below. At the instance of either party to the other in writing, both parties shall mutually agree upon and jointly appoint a sole arbitrator. In case the Parties fail to reach a consensus on the choice of arbitrator within 30 days from the date of receipt of a written request in this regard, the Sole Arbitrator shall be appointed by the Court of competent jurisdiction at the instance of either party. It is clarified that in this case, the Court of competent jurisdiction will be the Delhi High Court. The seat of arbitration shall be New Delhi and the Courts at Delhi shall have exclusive supervisory jurisdiction. Additionally, the venue of Arbitration shall also be at New Delhi. The Arbitration proceeding shall be in English and governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The costs of arbitration procedure shall be borne equally by the parties. The parties hereto shall submit to the Arbitrator’s award and the award shall be enforceable in any competent court of law. It is clarified, for good measure, that the courts at New Delhi shall exercise sole and exclusive supervisory jurisdiction over any dispute arising in respect of this Agreement
These Terms, as supplemented or amended by any applicable Privacy Notices, contain the entire understanding and agreement between You and us with respect to this App and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.
If You have any questions regarding these Terms, please
Write to us at: email@example.com
Please find below the details of the grievance officer:
Name: Shaurya Joshi
Designation: Grievance officer
Address: 18th floor, Building No. 5, Tower A, DLF Cyber City, DLF Phase 3, Gurgaon HR - 122002, India
Time: 10:00 AM to 5:00 PM