Terms and Conditions
Welcome to “The Good Health Revolution” family and we are thrilled to have you use our services. These Terms & Conditions govern your access to and use of the website, m-web and mobile application (collectively referred to as “Platform”) owned and operated by Smriti Kochar Academy LLP (“Company”). By accessing the Platform, you are giving your full consent and agreement to these Terms. Your access to and use of the Platform and the services and products is conditioned on your acceptance of and compliance with these Terms. We request you to please read these Terms & Conditions carefully before using or registering on the Platform and its services and products. If you do not agree to the terms & conditions, kindly do not avail the platform and services.
Services
Our Program and services provide the group programs and 1-1 consultations through audio or video sessions, spread across the duration of the program through our mobile applications and online platforms google meet, Zoom, etc., to coach the Client on how to develop positive and sustainable food and lifestyle habits, to get healthy. The program shall be provided only for the duration of the 10-week program and the Client shall ensure to complete the program within the aforesaid stipulated time period. Failure to take or complete the sessions within the stipulated timeline by the Client shall not entitle the Client to further extension of time, or refund of the Fees.
Notwithstanding anything contained herein, the Client is absolutely prohibited from recording any Consultation Session through any mode, including but not limited to video recording, audio recording, screen recorders etc.
Team shall share diet/meal/supplement plans during the course of the program as needed, which could aid the body of the Client in healing and these can be modified and/or revised during the course of the program, as per the requirements.
Client Obligations
- Client shall prior to, and during the sessions, disclose all his/her health concerns (mental health as well as physical health) and any symptoms before or during the program.
- Client shall fill all the forms required for the program with full honesty and without hiding anything. Failure to disclose or provide correct information may affect the program and desired results, for which the team shall hold no responsibility.
- Client is required to inform the team immediately on our mobile application, if a diet or supplement recommended, is not working for him/her and should immediately stop using it, without a need for consent from the team.
- Client should always check with his doctor before embarking on the recommended meal plans or supplements, to check for any drug interactions or for any other advice the doctor might want to give. Team holds no responsibility for the same.
- Client shall disclose if pregnant or lactating, well in advance before the program begins. Client shall further disclose any pregnancy during the program. It is clarified that our programs are not recommended for pregnant or lactating Clients.
- Client should take full responsibility if they are using our meal plans and supplements for children and should involve a pediatrician/ doctor. It is clarified that our programs are not recommended for children.
- Client understands and agrees that the program provided by the FunctionalNutritionist and/or her team are merely for health benefits and may have a different effect on a case-to-case and body-to-body basis, and the team do not provide any guarantee for achieving desired results from the program availed by the Client.
- Client shall religiously follow the program without any deviations or diversions. The Good Health Revolution team shall not be responsible for the same.
Consultancy, Appointments & Tele / Digital-consultation
We will provide appointments, tele / digital consultation services with our clinical and other experts or coaches who are engaged with company, either directly or indirectly, through the Platform. 1-1 consultation services can be booked by you directly on our platform and or through other digital mediums that the company offers, however, are subject to the availability of such clinicians, experts or coaches. Please be informed that the way these consultations work is that they take into view the medical and progress tracks/records provided by you and if there are any errors or wrong representation or lack of information, it may lead to an inaccurate or incomplete guidance.
PAYMENTS AND REFUNDS
The platform offers genuine care to all its user. The Client understands that the cost of the program and 1-1 consultation is payable in advance and is non-refundable once the agreement is signed by the client.
Payments for any services availed through the platform or otherwise, shall be collected in advance on the platform or otherwise. The applicable taxes or any third-party charges may apply towards such payments which is not included in the service amount mentioned on the platform.
Rescheduling
Rescheduling of 1-1 consultation is allowed only once. If you need to make any changes, kindly inform us in advance at info@thegoodhealthrevolution.com, (at least 2 hours prior to the session), it shall subject to availability of the expert.
Use of Platform
You hereby agree, acknowledge and give full consent that you are accessing the Platform, at your own free will, risk, choice and initiative. You further agree and undertake to ensure that such use of the Platform by you complies with the Terms & Conditions captured in this document along with compliance to all applicable laws, regulation and including the local laws of the places where you access the Platform from, either temporarily or permanently.
By enrolling in the program, you acknowledge and accept the terms and conditions outlined in this document. Your participation signifies your agreement to these terms, and you will not be able to refuse or opt out of the terms mentioned before, during, or after the program.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (wherever applicable), and for all the decisions made during, and after this program.
Client understands and undertakes that the information disclosed by the Client in the forms are correct and true. Client further understands and undertakes that the team shall prepare the program solely based on the information provided in the intake forms by the Client. The program is intended to provide health benefits and is prepared on the basis of information provided by the Client, the good health revolution holds no responsibility for the desired result.
In no event shall either Party be liable to the other Party for any incidental, indirect, remote special, consequential, or punitive damages, loss of goodwill, or business profits, regardless of the nature of the claim, even if such Party knew or should have known of the possibility of such damages or claims. Notwithstanding any other provision of this Agreement, the liability of the good health revolution to Client for direct damages and any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, Losses") resulting from any claim, suit, action, consumer complaint or proceeding arising out of or related to this Agreement and/ or the infringement of any intellectual property rights or whether in contract, indemnity, equity, negligence, intended conduct, tort or otherwise, consumer complaint, etc. will be limited to and will not exceed, in the aggregate, the amount on Rs 5,000/-.
The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the team from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which the Client ever had, now has, or will have in the future against the team, arising from the Client’s past or future participation in, or otherwise with respect to, the Program.
Team make no warranties or guarantees or representations to Client with respect to any information disclosed or program advised/provided by team and disclaim all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose or desired results from the program.
CONFIDENTIALITY
“Confidential Information” means any and all information and/or data which is obtained by the receiving Party from the disclosing Party by whatever means whether orally or in writing, pictorially, in machine-readable form, or in any other tangible media, in connection with the purpose of the Agreement or otherwise, including but not limited to, financial information, know-how, processes, trade secrets, schematics, technology, customer information, user data supplier information, sales statistics, pricing information, market intelligence, marketing, and other business strategies, program, any communication relating to the program, meal plans, handouts, methodology, information/conversation during the session or any other material/content included or related to the program. and the existence and terms and conditions of this Agreement.
- Either Party (the “Receiving Party”) shall keep confidential the Confidential Information disclosed by the other Party (the “Disclosing Party”) during the term of this Agreement. Notwithstanding anything contained in this Agreement, this clause shall survive the termination or expiry of this Agreement for such period till such time the Confidential Information is retained by the Receiving Party.
- The Receiving Party shall handle Confidential Information with the same degree of care it applies to its own confidential information and shall use the Confidential Information of the Disclosing Party only to the extent necessary to fulfill its obligations or exercise its rights under this Agreement.
- The Receiving Party shall restrict disclosure of, and access to, Confidential Information to its affiliates, employees, agents, advisors, or subcontractors who have a need to know in order for the Receiving Party to perform its obligations or exercise its rights under this Agreement, and who have assumed obligations of confidentiality no less restrictive than those contained herein.
- The provisions of this clause shall not apply to any information which the Receiving Party can prove:
- is or becomes public knowledge other than by breach of this clause
- is in the possession of the Receiving Party without restriction in relation to disclosure before the date of receipt from the Disclosing Party;
iii. is received from a third party who lawfully acquired it and who is under no
obligation restricting its disclosure; or
- is independently developed without access to the Confidential Information
disclosed by the Disclosing Party.
- The Receiving Party shall be entitled to disclose Confidential Information if such disclosure is required by a court, administrative body, or regulatory body (including stock exchange) of competent jurisdiction, whether as a result of any application made by the Receiving Party or an investigation initiated by the regulatory body or otherwise, provided that the Receiving Party shall: (i) give prompt written notice of any such requirement for disclosure to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy; (ii) take such steps as are reasonably necessary and available to maintain the confidentiality of the Confidential Information by such court, administrative or regulatory body; and in any event, make such disclosure only to the extent so required.
Intellectual Property Rights
The Platform and the processes, and its selection and arrangement, including but not limited to, all the materials, text, images, videos, graphics, trademarks, logos, button icons, sounds and music, software and its elements is owned and the property of Smriti kochar Academy LLP (“The Good Health Revolution”, “The Science of good health”) or its licensors and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Platform are registered trademarks and the sole property of Smriti Kochar Academy. Without the prior consent of organization, no one is not permitted to use them in any manner whatsoever.
GOVERNING LAWS
This Agreement shall be governed by and construed in accordance with the laws of India. Each Party agrees that, and the courts of Gurgaon shall have exclusive jurisdiction to settle all matters including all with respect to any dispute arising out or in connection with of this Agreement (including disputes concerning its existence, validity, or termination) (hereinafter referred to as “Dispute”), and each party hereby admits to the jurisdiction of such court for such purpose. Parties shall preliminarily endeavor to negotiate and settle the Dispute by mutual negotiation within a period of thirty (30) days from the date of Dispute. In the event, Parties fail to resolve the dispute through Mutual Negotiation the Parties may then opt for Arbitration in accordance with Arbitration and Conciliation Act, 1996 (“Act”) or any amendments or statutory re-enactments’ thereof. The arbitration proceedings shall be conducted in the English language. The seat and venue of arbitration proceedings shall be Gurgaon. The Arbitration tribunal shall consist of a sole arbitrator mutually agreed between the Parties. If the Parties fail to agree on a mutual arbitrator within a period of 30 (Thirty) business days from the date on which the dispute first arose, each party shall be entitled to appoint one arbitrator. The two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding officer of the arbitral tribunal. In the event, appointment of arbitrators cannot be reached in the prescribed timeline in the Act, the appointment shall be made as per the provisions of the Act. The arbitral award shall be in writing and subject to the provisions of the Act, shall be final and binding on each Party, and shall be enforceable in any court of competent jurisdiction.
DISCLAIMERS
The Client understands that the “The Good Health Revolution” and her team have been trained in holistic health coaching, and functional nutrition, to help clients reach their own health goals by helping clients devise and implement positive and sustainable, food and lifestyle changes.
We do not provide medical therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body through conventional/allopathic medicines and/or drugs. The client understands that we are not acting in the capacity of a doctor, or psychologist, and that any advice given by her/ them is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the client should discuss any dietary changes or potential dietary supplements use with his/ her doctor, and should not discontinue any prescription medications without first consulting his/ her doctor.
The client has chosen to work with us, and understands that the information received should not be seen as medical or nursing advice, and is not meant to take the place of seeing licensed health professionals like doctors and nurses.
The client understands that if she/he misbehaves during the sessions in any way, the we reserve the right to immediately discontinue the program and cancel all upcoming sessions, without any refund of Fee.