Last updated: 18 October, 2022
This document is an electronic record as contemplated under Section 2(t) of the Information Technology Act, 2000 and the rules thereunder.
1. INTRODUCTION
www.ritusdiet.com (“Website”) is owned and operated by Ritus Diet, a sole proprietorship firm incorporated under Indian laws having it registered office at 209, Autumn Grove, Lokhandwala Township, Kandivali East, Mumbai – 400101. (“Ritus Diet”/ “us”/ “we”).
These Terms and Conditions (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.ritusdiet.com) and the purchase of any services including but not limited to dietary services, on it (“Terms”). For the purpose of this document, “User / Client / you” shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transacts at the Website in any way.
We urge the User / Clients to read these Terms, the Privacy Policy (hereinafter, collectively referred to as the “Agreement”) carefully before using this Website. The Privacy Policy governs the use of the Website by the User / Client and explains how Ritus Diet collects, safeguards and discloses information.
Accessing, browsing or otherwise using the Website will be construed as User / Client’s unequivocal and irrevocable acceptance and acknowledgement to the Agreement. By using this Website, the User / Client declares to have carefully read, understood and agree to be bound by the Agreement.
2. COMMUNICATIONS
By using the Website, the User / Client agrees to subscribe to newsletters, marketing or promotional materials and other information that Ritus Diet may send. However, the User / Client may opt out of receiving any, or all, of these communications by emailing Ritus Diet at admover@yahoo.com (the email subject should read as: “unsubscribe to promotional activities by Ritus Diet”).
3. PURCHASES AND PAYMENT
User / Client shall use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website (“Purchases”). All payments for Purchases made by the User / Client on the Website shall only be in Indian Rupees.
User / Client represents and warrants that: (i) it has the legal right to use any card(s) or other payment method(s) in connection with any Purchases; and that (ii) the information the User / Client supplies to Ritus Diet is true, correct and complete. The User / Client shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User / Client due to furnishing of wrong details / information relating to its credit / debit and/ or any other payment cards or online banking accounts.
Ritus Diet may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting its information, the User / Client grants Ritus Diet the right to provide the information to these third parties. User / Client will be redirected to User / Client issuing bank's site, where User / Client will have to follow the instruction to complete the payment. User / Clients understand and acknowledge that all payments made by the User / Clients using valid credit card/ debit card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same will be governed by a separate set of terms and conditions agreed between the User / Client and the respective issuing Bank and payment instrument issuing company.
Payments can sometimes fail or remain in the pending stage. In the event the User / Client faces any payment related issue, it shall try placing the order again or contact their bank or issuer for technical assistance. Ritus Diet shall not be liable for any loss or inconvenience caused to the User / Client when making payment or for any wrongful debits to the User / Client’s cards or net banking accounts.
Physical receipt will be provided of the payment only upon a specific written request to that end.
Pursuant to the prevailing rules and regulations in force, all Purchases are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.
4. PACKAGES
As one enrols for Ritus Diet’s services, a few guidelines are required to be kept in mind.
There are two broad headings of the services being rendered:
1. Dietitian Consultations: are designed for a single interaction only. The User / Clients are solely responsible for self-monitoring and for implementing the advice rendered during such consultation to achieve the desired results. No obligation whatsoever, rests on Ritus Diet to engage / monitor / assist in achieving the results.
2. Customised Diet Packages: these packages are for varied terms (1 month, 3 months, 6 months.. and so on). The Diet Plans are designed on the basis of program taken by you and our concept as mentioned in the website. These will help one achieve the desired results and goals. Based on the accurate and relevant information provided by you, our expert Dietitians will work at designing your customized Diet Plan. You will be required to fill on a daily basis, the menu feedback form to achieve the desired results. Each program will independently deliver results. Success depends upon complete adherence to the program guidelines. Contact through Email /SMS or phone will be maintained throughout the duration of the respective program.
The programs do not involve the use of any drugs, medicine, surgery, liposuction, body wrap or deep heat which is considered harmful in the long run. We do not recommend crash diet or any type of fasting in Ritus Diet Packages. In case you are under the medical supervision of a doctor then we request you to kindly show the Diet Plan and take the doctor’s consent.
By agreeing to use this Website, avail the services and / or enrol for any of our packages; you acknowledge that you are not (taking steroids, facing kidney related disorders, cancer , angiography /angioplasty done in the last 2 months, epileptic, undergone any major surgeries in the last 3 months, nervous system related complications ,tumour, HIV positive patients, Hepatitis, Liver problems ) and that your doctor is aware of your taking our program. Please provide all medical documents related to your disease and doctor’s prescription by e –mail on ritusdiet@gmail.com before joining any program.
Members will testify that they are medically fit to go on for the program. “Ritus Diet” is not responsible for any medical complications not revealed prior to commencing the program. You will not hold “Ritus Diet” liable / responsible in any way for any injury / damage / illness that you may suffer during or after the program enrolled for.
“Ritus Diet” reserves the right to alter / change / substitute the program contents. Use of this website shall in all respects be governed by the laws of the state of [Maharashtra], India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Mumbai, Maharashtra state of India shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in that courts.” Ritus Diet” will not be liable / responsible if any of the program guidelines are not adhered to and the member does not attain the target weight.
“Ritus Diet” reserves the right to change the membership fee structure from time to time and the members are bound by the same.
• Activation of Fat Loss/Weight gain or Nutrition Package:
To activate, register by paying the membership / package fees is mandatory. It is compulsory to fill up the personal history form with accurate information along with the basic parameters listed in the form. The nutrition sessions of the fat loss/weight gain package are activated on the day of submitting the feedback forms. If a renewal is pre-bought, it will commence only after expiry of the previous fat loss/weight gain or nutrition package. Renewals of the fat loss/weight gain or nutrition package will be activated on the first day of usage of such renewal that shall be duly communicated to the concerned Dietitian.
All payments must be made IN ADVANCE.
NO CREDIT POLICY IS AVAILABLE.
There is no REFUND POLICY, except only in a limited situation as stipulated hereinunder.
• Expiry:
The date of expiry of the fat loss/weight gain or nutrition package will be as per calculated from the date of activation of the membership. It is the responsibility of the User / Client to complete his/her subscribed package.
• Disclaimers:
The fat loss/weight gain or nutrition package does not guarantee results. Results are subject to regular intense training, compliance with the recommended diet and regular follow ups. Target fat loss figures are only targets as per the general norm and average results expected. Results will vary with the individual and according to age, gender, medical conditions e.g. results may be hampered due to metabolic or hormonal problems. The same will be recommended as suitable as per the approximate body composition of the Client and not only according to the body weight e.g. if the body weight is close to desirable weight range, fat loss or muscle gain may be seen only as changes in inches and weight targets will not be considered. A log of the diet recall needs to be maintained for the entire duration of the fat loss/weight gain programme for monitoring and troubleshooting purposes. It is recommended that the Client continues the programme without a break until his/her target fat loss/weight gain is achieved. Dis-continuing mid-way may hamper further results.
• Any change made by us in the diet recommended should be written and not verbal.
We cannot be held responsible for any hampering of results or adverse effects if:
a. The Client (or any other person) makes any changes in recommended diet program without written consent of us.
b. The Client resorts to any imbalanced diet programs or any other attempts for faster results or to reach an undesirably low weight.
• Freezing:
Clients can freeze their membership in accordance with the freezing rules only if given in writing in advance with a genuine reason. Freezing is allowed only in case of Client being immobile or in case of severe medical condition and we have the total rights to decide the same. Freezing periods permitted as a matter of policy shall be as follows: In 3 months - 10 days, 6 months - 15 days and 12 months - 30 days. Freezing of the package will be completely at the discretion of the management.
• Termination:
Membership can be terminated without any notice if the Client violates the rules and regulations and incase of default of any payments. In no event would such termination entitle the User / Client to any refund (partial or whole) and / or monetary compensation.
• Confidentiality:
User / Client shall maintain absolute confidentiality of the customised diet plan shared by the Dietitian, except such disclosure to doctors or surgeons as may be medically required.
• No Third-Party Use:
As the diet plans are customised for each User / Client; they shall ensure to not share and / or promote the adoption of similar / same dietary practices to any third party. Any loss and / or damage caused due to such unauthorised sharing of dietary information / plans shall be solely to the account of the User / Client. The User / Client undertakes to indemnify RitusDiet against any such third-party claims.
5. REFUND POLICY
As a general policy decision, no refund is allowed on any of our packages after the feedback forms is submitted as the Dietitian would have already invested their time and efforts.
Howsoever, if in exceptional circumstances, the User / Client does want to seek refund of the package amount paid before the feedback forms are submitted, all of the below stated conditions will be applicable to such refunds:
a. Refund will be affected after deducting Rs. 3000/- (Dietitianconsultancy charges) from the amount received in our bank and will have no responsibility to pay the amount deducted by the payment gateways / banks.
b. Time period for refund:User / clientshall submit a written request for refund alongwith complete information as to the reason of such request and payment details. Ritus Diet shall peruse such request and only upon finding the User / Client to be eligible, shall approve the request and proceed with refunding such amount (as has been paid). Ritus Diet will affect the refund within 10 working days from the date of approval. It shall not be responsible for any errors or delays in refund due to banks or third-party service provider errors or delays.
c. Mode for refund: Refunds shall be paid back to the source of payment. Refunds will not be processed to third-party accounts, i.e. the name provided in the User / Client Account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation shall be sent to the registered email address or mobile number of the User / Client.
d. Terminated Payment Mode: If the original payment method used to make the payment (credit or debit card or net banking) is no longer valid, Ritus Diet will issue the refund through a cheque. In case of any failure of payment, a cheque may be issued to the address mentioned by User / Client to proceed with the refund post discussion with the User / Client through the registered mobile number or email address.In case any member has paid twice for the same transaction then the company will refund one time amount within 20 days after confirming the same to the member by registered e –mail after making such deductions as may be applicable (refer to sub clause (a) above).
6. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Website shall be governed by rules that are separate from these Conditions. If the User / Client participate in any Promotions, User / Client shall review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Conditions, Promotion rules will apply.
By agreeing to these terms and conditions (aka Agreement) you give your unequivocal and irrevocable consent to Ritus Diet for using any and all of your information, written, verbal, pictorial or otherwise; for promotionalactivities or as part of testimonials or such other use as Ritus Diet may deem fit.
7. CONTENT
Content found on or through this Service are the property of Ritus Diet or used with permission. User / Client shall not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Ritus Diet.
8. PROHIBITED USES
User / Client may use the Website only for lawful purposes and in accordance with the Agreement. Ritus Diet agrees not to use the Website:
a) In any way that violates any applicable national or international law or regulation;
b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
c) To impersonate or attempt to impersonate Ritus Diet, a Ritus Diet employee, another User / Client, or any other person or entity;
d) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Ritus Diet, may harm or offend Ritus Diet or User / Clients of Website or expose them to liability.
Additionally, User / Client agrees not to:
a) Use Website in any manner that could disable, overburden, damage, or impair Website or interfere with any other party’s use of Website, including their ability to engage in real time activities through the Website;
b) Use any robot, spider, or other automatic device, process, or means to access Website for any purpose, including monitoring or copying any of the material on Website;
c) Use any manual process to monitor or copy any of the material on Website or for any other unauthorized purpose without prior written consent of Ritus Diet;
d) Use any device, software, or routine that interferes with the proper working of the Website;
e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Website or the server on which Website is stored, or any server, computer, or database connected to Website;
g) Attack Website via a denial-of-service attack or a distributed denial-of-service attack;
h) Take any action that may damage or falsify Ritus Diet’s or Website’s rating;
i) Otherwise attempt to interfere with the proper working of the Website.
9. ANALYTICS
Ritus Diet may use third-party service providers to monitor and analyse the use of the Website.
10. ELIGIBILITY
Website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Website, the User / Client warrants and represents that the User / Client is at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and shall abide by all of the terms and conditions of the Agreement. If a User / Client is under eighteen (18) years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law. If User / Client is using the Website on behalf of any corporation, company, institution, association or other entity, the User / Client should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
11. ACCOUNT
User / Client may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information, as sought on the Website. User / Client shall ensure that the information provided by the User / Client is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the Account from the Website.
The User / Client shall be responsible for maintaining the confidentiality of your Account and password, including, but not limited to the restriction of access to User / Client’s computer/ other devices and/or Account. User / Client agrees to accept responsibility for any and all activities or actions that occur under its Account and/or password, whether the password is with the Website or a third-party website. The User / Client must notify Ritus Diet immediately upon becoming aware of any breach of security or unauthorized use of its Account.
The User / Client shall not use as a User / Clientname the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the User / Client, without appropriate authorization. The User / Client shall not use as a User / Clientname any name that is offensive, vulgar or obscene. The User / Client can create one Account only and it is not permitted to transfer or interchange such Account to/ with any other person
12. INTELLECTUAL PROPERTY
The User / Client recognises and agrees that all copyright, registered trademarks and other intellectual property rights (collectively, the “IPR”) on all materials or contents provided as part of the Website belongs to Ritus Diet at all times or to those who grant Ritus Diet the license for their use. The IPR shall not be used by the User / Client without the prior written consent of Ritus Diet or its licensors. This does not prevent the User / Client from using the Website to the extent necessary to copy the information on the User / Client’s order or contact details.
13. LINKS TO OTHER WEB SITES
The Website may contain links to third party web sites or services that are not owned or controlled by Ritus Diet. Ritus Diet has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Ritus Diet does not warrant the offerings of any of these entities/individuals or their websites. User / Client acknowledges and agrees that Ritus Diet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Ritus Diet strongly advises the User / Client to read the terms of service and privacy policies of any third party web sites or services that User / Client may visit.
14. DISCLAIMER OF WARRANTY
User / Client expressly agrees that its use of the Website, its content, and any services or items obtained from Ritus Diet shall be at the sole risk of User / Client. Neither Ritus Diet nor any person associated with Ritus Diet makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. The content presented herein or in certain links provided for in this Website, are on a general basis and has not been specifically designed for a particular individual problem.
Without limiting the foregoing, neither Ritus Diet nor anyone associated with Ritus Diet represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet the needs or expectations of the User / Client. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
We expressly disclaim liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each User / Client specifically acknowledges that we are not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, members or other User / Clients of the message boards and that the risk of injury from the foregoing rests entirely with each User / Client.
15. LIMITATION OF LIABILITY
All product descriptions, information and materials shown on Website are provided by Ritus Diet on an “as is” and “as available” basis, and no representations or warranties of any kind, express or implied are made. To the extent permitted by law, all warranties are excluded, except those that may not be excluded legitimately. Ritus Diet shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or User / Client of the services procured, products purchased or acquired through this Website, except the refund of such amount of purchase price of the goods/ products purchased or acquired / services availed through this Website.
The User / Client agrees to indemnify and hold harmless, Ritus Diet including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User / Client (iii) breach of the policies, guidelines and conditions of Ritus Diet’s service or Additional terms or these Conditions or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions.
16. TERMINATION
Ritus Diet may terminate or suspend/ blacklist User / Client Account and bar access to the Website immediately, without prior notice or liability, under its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreements. If User / Client wishes to terminate its Account, User / Client may simply by deleting its User / Client Account. Post said termination, the User / Client’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Ritus Diet’s service or additional terms or these Conditions and the Privacy Policy shall continue to be binding on the User / Client and if any User / Client by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Ritus Diet shall have the right to take appropriate actions against the User / Client. The User / Client shall also be liable to compensate Ritus Diet for any unauthorized use of the Website. All provisions of the Conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
17. FORCE MAJEURE
Notwithstanding anything contained in these Agreement or elsewhere, Ritus Diet shall not be held responsible for performance of its obligations or for any loss, damage to User / Client if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond Ritus Diet’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption or any event which affects the ability of Ritus Diet to fulfil its obligations under the Agreement.
It shall be understood that Ritus Diet’s obligations deriving from the Agreement shall be suspended during the period in which Force Majeure Event remains in effect and Ritus Diet shall be given an extension of the period to fulfil these obligations by such time during which Force Majeure Event lasted. Notwithstanding anything contained herein, Ritus Diet shall not be responsible or liable to the customer or User / Client for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, Ritus Diet would make all reasonable efforts and endeavor to fulfill its obligations despite the situation of Force Majeure Event.
18. LOCATION BASED SERVICES
Basis the permission granted by the User / Client in respect of tracking the location, the Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or bluetooth to determine the User / Client’s approximate location to provide the User / Client, location based Services, if any.
19. GOVERNING LAW
The Agreement shall be governed and construed in accordance with the laws of Mumbai, India, which governing law applies to Agreement without regard to its conflict of law provisions. The Courts of Mumbai, shall have the exclusive jurisdiction to entertain any dispute arising from or relating to this Agreement and / or the services rendered by RitusDiet.
However, in the event the User / Client has any dispute they shall first make an attempt in good faith, to settle the same amicably by way of mutual discussions. It is only upon the failure of such discussions withing 60 days, that they shall approach the appropriate authorities for seeking redressal.
20. CHANGES TO WEBSITE
Ritus Diet reserves the right to withdraw or amend the Website, and any service or material provided via Website, in its sole discretion without notice. Ritus Diet will not be liable if for any reason all or any part of Website is unavailable at any time or for any period. From time to time, Ritus Diet may restrict access to some parts of Website, or the entire Website, to User / Clients, including registered User / Clients.
21. AMENDMENTS
Ritus Diet may amend the Agreement at any time by posting the amended terms on this Website. User / Client shall be responsible to review the Agreement periodically. By continuing to access or use the Website after any revisions become effective, User / Client agrees to be bound by the revised terms. If User / Client does not agrees to the new terms, the User / Client will no longer be authorized to use the Website.
22. WAIVER AND SEVERABILITY
No waiver by Ritus Diet of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ritus Diet to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Agreement will continue in full force and effect.
