Last Updated on March 15, 2021
The Platform is operated and owned by CINTA MEDTECH PRIVATE LIMITED, a private limited company bearing CIN U85100MH2019PTC328657 and having its registered office at7th Floor, Skyline Icon, Andheri – Kurla Rd, Chimatpada, Marol, Andheri East, Mumbai, Maharashtra 400059. The Platform enables you to buy products and avail certain services from Cinta MedTech. Some of the products and services provided by Cinta Medtech are listed below:
1. Products which include but not limited to medical diagnosis instruments, dietary supplements, fitness equipment, electronic devices and devices to connect to our software apparatus for achieving physical fitness;
2. Hardware which is an electronically connected body scale product that lets you know you your weight and body composition;
3. Services related to out-of clinic healthcare solutions such as nutrition, physical fitness programme and health recommendations; and
4. Services related to out-of clinic health and lifestyle management programme for women.
2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;
2.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data, software, or other materials or information of any type that is available through the Platform;
2.3 “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;
2.4 “Cinta Medtech Data” shall mean any and all information relating to the User provided to the Platform by the User at his sole discretion in order to use the Platform;
2.5 “Cinta Medtech Services” shall mean and include the services provided by Cinta Medtech through its Platform.
2.6 “User Content” shall mean Content that you upload, share or transmit to, through or in connection with the Platform, such as likes, ratings, reviews, images, photos, messages, profile information, information about your health, and any other materials that you publicly display or displayed in your account profile; and
2.7 “User/ Users” shall mean any individual who visits, accesses and registers on the Platform /or places a product and/ or service request on the Platform.
3. ELIGIBILITY TO USE THE PLATFORM
The Company reserves the right to terminate Your account and/or refuse to provide You with access to the Platform to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
5. USER ACCOUNT AND SECURITY
You must provide accurate, correct and complete registration information at the time of account set up and post account set up. You are responsible for the security of your account. If you become aware of any unauthorized use of your account, you are required to logout and login again using your mobile phone number and the OTP provided. In case you you do not have access to your mobile phone number or your mobile phone number is stolen, you agree to notify us immediately to block your account by sending us an email to firstname.lastname@example.org. Before blocking your account, you will be required to provide us with certain information in order to enable Us to verify your identity.
You agree that you are eligible to create and use only one account with one User profile. You are not permitted to register or create an account on behalf of any entity other than yourself.
You agree not to register and use an account with an identity which is fraudulent or use the account of another User.
You are solely responsible for maintaining the confidentiality of your account and password/OTP, and for all the activities that occur in relation to your account or password/OTP.
You can delete/unregister your account anytime by submitting a request to email@example.com. Cinta MedTech may require additional information from the User in order to enable us to verify your account before the deletion of your account.
You understand that message and data rates may apply when you use any of our mobile applications on your device. You agree that Cinta Medtech will not be responsible for the message and data rates due to your use of any of our mobile applications on your device and You are solely responsible for any costs associated with using the Platform on your devices.
6. USER CONTENT
You are permitted to use the Platform for your personal use and not for any commercial use. By posting, submitting or transmitting User Content in the Platform other than information submitted for registration you grant to Cinta Medtech a transferable fully paid, license to copy, publicly perform, , reformat, translate, excerpt (in whole or in part) and distribute User Content, in or through any medium now known or hereafter invented, for any purpose.
By posting, submitting or transmitting User Content using our Platform you permit Cinta Medtech the right to store that information with us, and to use such User Content for, maintenance and marketing. You agree and understand that you must evaluate the submission of such User Content to the Platform. You hereby agree that you shall, defend, and hold harmless Cinta Medtech for all claims resulting from User Content provided by the User to Cinta Medtech.
You agree that Cinta Medtech has the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to Cinta Medtech. However, the obligation to maintain the accuracy and correctness of the User Content remains with you.
You acknowledge and agree that neither Cinta Medtech nor any third party service providers are responsible for the Content of any material submitted, transmitted or posted by You of the Platform.
PLEASE NOTE THAT YOUR USER CONTENT IS SECURELY COLLECTED BY US. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU SHARE YOUR USER CONTENT USING THE COMMUNITY FEATURE ON THE PLATFORM YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND SUCH USER CONTENT BECOMES PUBLIC INFORMATION AND SHALL NO LONGER BE SUBJECT TO THE REQUIREMENTS OF PRIVACY PROTECTION BY US. YOU FURTHER AGREE THAT ONCE YOUR USER CONTENT IS SHARED BY YOU USING THE COMMUNITY FEATURE CINTA MEDTECH WILL HAVE THE RIGHT TO USE SUCH USER CONTENT.
7. CONTENT POSTED ON THE PLATFORM
You understand that any material, Content and its arrangements that appears as “Cinta Medtech content” or “Cinta Medtech Content” are owned by or licensed to Cinta Medtech, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using Platform does not give you ownership of any Intellectual Property Rights of Cinta Medtech.
8. LICENSE GRANT
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and You agree not to:
9.1 Defeat, damage or interfere with any security feature of our Platform, nor attempt to do so.
9.2 Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, nor attempt to do so.
9.3 Alter or modify any Content of our Platform, other than information or User Content you have submitted or posted through the Platform.
9.4 Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Content or component of or any access to the Platform, without the prior written permission of Cinta Medtech, except for User Content or registration information you have submitted or posted through the Platform.
9.5 Use or attempt to use any automated system, software, or device to generate and send communications to or through the Platform nor will you annoy or harass any person through or in connection with the use of the Platform.
9.6 Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website.
9.7 Upload, post, transmit, share or otherwise make available through the Platform any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
9.8 Upload, transmit, or post any material that is obscene, sexually explicit, hateful, intimidating or threatening, or that violates the rights of Cinta Medtech or of any third party.
9.9 Use the Platform to upload, modify, publish, post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
9.10 Use our Platform to post, transmit, or share material that you did not create or that you do not have permission to use.
9.11 Use the Platform for any commercial use as the Platform is intended for personal, non-commercial use only except with our prior written permission.
9.12 You may not in any manner whatsoever copy or distribute any proprietary information for any commercial or business use, except with our prior written permission.
9.13 You must not modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way.
9.14 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Platform.
9.15 Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by Applicable Law.
9.16 Interfere with or damage operation of the Platform uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code intended to interrupt, destroy or limit the functionality of any computer resource.
We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the advice & Content available through the Platform and You understand that we will not be liable for errors and omissions in the Content available through the Platform. Reference in the Platform to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by us.
11. SPONSORS, ADVERTISERS AND THIRD PARTIES
You acknowledge and agree that Cinta Medtech is not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content.
13. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Platform that infringes upon your copyrights, you may submit a notice to us at firstname.lastname@example.org
14. NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CINTA MEDTECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY.RIGHTS. CINTA MEDTECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT WARRANT THAT THE PLATFORM OR PLATFORM CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. CINTA MEDTECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST CINTA MEDTECH WITH RESPECT TO THE SAME.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT CINTA MEDTECH DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES, DIAGNOSIS, TREATMENT, PRESCRIPTION OR ADVICE. THE SERVICES PROVIDED BY CINTA MEDTECH DO NOT CONTAIN OR CONSTITUTE AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.
WHILE EVERY EFFORT IS MADE FOR YOUR HEALTH OUTCOME AND LIFESTYLE MANAGEMENT FOR ITS USERS, CINTA MEDTECH AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT RESPONSIBLE FOR ANY ADVICE, ERRORS, OMISSIONS OR STATEMENTS ON THIS PLATFORM OR ANY WEBSITE WITH WHICH THESE PAGES CONNECT WITH. ANY INFORMATION PROVIDED BY THE PLATFORM IS SOLELY AT YOUR OWN RISK.
16. HEALTH RECOMMENDATION PLANS
The Platform also enables You to upload information regarding your health reports and the contact details of your general practitioner. Please note that such information that you upload or share is for your own records and this information is not meant to treat or manage any health condition.
The nutrition, fitness and health plans/recommendations provided to you through our Platform are for your general guidance for lifestyle management purposes only. Before using our products, hardware and/or services, always seek medical opinion from a doctor/medical profession. You understand that you are agreeing to the terms of Cinta Medtech having known this beforehand and understand that not following the instructions and structured nutrition, fitness and health plans/recommendations entirely and regularly may not produce 100% results.
You are solely responsible for creating and implementing your own physical well-being, decisions, choices, actions and results arising out of or resulting from the use of the services. As such, You agree that the Cinta MedTech is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Cinta MedTech. You acknowledge that the use of the Platform does not involve the diagnosis or treatment of your health condition.
if you have any medical history that may put you at risk, including, without limitation, one or more conditions (such as high blood pressure, heart disease, chest, chest pain or dizziness caused by previous exercises, bone or joint problems, diabetes, high cholesterol, obesity or art arthritis) you are required to seek approval from a qualified health care practitioner prior to using the services.
You should discontinue our nutrition, fitness and health plans/recommendations in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to nutrition, fitness and health plans/recommendations in such cases. We reserve the right to deny you access to the Platform for any reason whatsoever or no reason.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL CINTA MEDTECH OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE PLATFORM, LOSS OF LIFE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM OR THE SITE OR THE CONTENT ACCESSIBLE THROUGH THE PLATFORM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF CINTA MEDTECH, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE SITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN AGGREGATE, THE SUBSCRIPTION FEES PAID BY THE USER AT THE TIME OF REGISTRATION.
18. HARDWARE AND OTHER ELECTRONIC DEVICES WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HARDWARE AND OTHER ELECTRONIC DEVICES ARE AVAILABLE TO YOU WITH A LIMITED WARRANTY. YOU HAVE CHOSEN TO USE THE HARDWARE AND OTHER ELECTRONIC DEVICES ON YOUR OWN VOLITION AND CINTAMEDTECH WILL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE FOR ANY LOSS, DUE TO USE OF THE HARDWARE OR OTHER ELECTRONIC DEVICES.
LIMITED WARRANTY: The warranty on the hardware and/or electronic devices is available to you for a period of 6 months from the date of purchase of the hardware. Please note that the warranty is available to you only in cases of a manufacturing defect.
19. RETURN AND REFUND POLICY:
19.1. RETURN POLICY: In case you have purchased hardware and/or other electronic devices and there is a manufacturing defect, You may return the hardware or the electronic device to Cinta Medtech.
For return of the hardware or the electronic devices, the User will have to ship the hardware and/or the electronic devices (at your own expense) in the original box back to Cinta Medtech at Cinta Medtech, 7th floor Skyline Icon, Andheri Kurla Road, Marol, Andheri East, Mumbai 400059.
The hardware and/or the electronic devices will be reviewed and the claim adjudication, will be as per the sole discretion of Cinta Medtech.
If the claim is successful, the hardware and/or the electronic devices will be shipped to the customer free of cost.
19.2. REFUND POLICY: If you have purchased any product, hardware and/or the electronic devices from Cinta Medtech or subscribed to our services, You are not eligible for a refund from Us.
The products and/or the hardware will be considered sold once the payment is received by Cinta Medtech.
Either party may terminate the use of the Platform at any time, with or without notice, for no reason or any reason. If you wish to terminate your account on your mobile device, you may do so by removing the application from your device and following the instructions on the application or through the Platform.
Please email email@example.com for any termination inquiries/questions. On termination, you lose the right to access or use the Platform.
Upon termination of the Terms by you, your account status will be reflected as “Inactive”. Such a termination is only reflected upon a written intimation by the User to Cinta Medtech. For any termination inquiries/questions, please email at firstname.lastname@example.org. On termination, you lose the right to access or use the PLATFORM.
21. REPRESENTATION AND WARRANTIES
You represent and warrant that:
19.1. All registration information you submit are true, accurate, current, and complete.
19.2. You have the necessary right, license, authorization or permission to post, upload or publish any video, image, text, information or any content on the Platform through your account. You hereby agree that by posting, uploading or publishing the same on our Platform, You have authorized Us to use the same without any restrictions.
For access to and use of the Platform, You agree to pay the subscription amount set forth in Cinta Medtech Fee Schedule, [https://www.zury.in/subscriptions/] corresponding to the product, hardware and services offered by Us. You are responsible for any taxes, including goods and services tax, resulting from your use of the Platform. All fees are non-refundable.
If Your subscription period has expired and You have not re-subscribed, you will not have access to your Cinta Medtech Data and You may not be able to use the features of Our product or hardware.
Once you re-subscribe to our Platform after termination of your account due to the expiry period, you will not be able to access your Cinta Medtech Data provided earlier or use the features of Our product or hardware provided. After your re-subscription, You will able to access and use features of Our product or hardware and access only those Cinta Medtech Data available after your re-subscription.
This is also applicable to the trial period of (15 days) of Our Platform.
23. PLATFORM INFORMATION
This Platform does not sell or rent the User information to any third party. You hereby acknowledge that when you use the Platform, We may collect your device number and other information. We cannot ensure the security of your data transmitted via the internet, telephone or any other networks.
You understand that by using this Platform or any materials provided in the Platform, you may encounter Platform Content that may be deemed by some to be offensive, indecent, or objectionable, which Platform Content may or may not be identified as such. You agree to use the Platform and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed offensive, indecent, or objectionable. All complaints should be sent by email at email@example.com or write to us at the following address: Cinta Medtech, 7th floor Skyline Icon, Andheri Kurla Road, Marol, Andheri East, Mumbai 400059.
25. CONTACT US
26. CONSENT FOR RECEIPT OF PHONE CALLS, SMSS AND/OR E-MAILS
Your registration on the Platform shall be deemed to be your consent to be contacted by Cinta Medtech, (i) on the mobile number shared by you (ii) by way of SMS or email notifications or messages in any other electronic form.
27.2 No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Cinta Medtech as a result of these Terms or your access to or use of the Platform.