Terms & Conditions
These Terms and Conditions are (“Terms”) are agreed upon as of today, between You (“You”), an individual/entity residing anywhere in the world and Manna Healthcare Private Limited, a private limited company incorporated under the Companies Act, 1956 having its registered office at 101, Bank Enclave, Laxmi Nagar, New Delhi-110092 (“Manna”) and using the Service Mark ObiNo, Say No to Obesity, to govern your engagement with and usage of Manna’s diet, exercise and nutrition advice-providing application (“ObiNo”) via the mobile, PC or any other device/platform.
Acceptance of Terms
You shall be deemed to have agreed to and accepted the below-given Terms & Conditions if you Sign Up OR Use the ObiNo application across any device or platform.
Manna may from time to time, decide on its sole authority to impose and/or change the various monetary charges for the use of ObiNo by You. These charges shall be intimated to you either during the Sign Up/Subscription/Purchase process and/or subsequently by an e-mail or an SMS as and when applicable. You are at liberty to not pay the charges due but you then accept that Manna has the complete and sole right to discontinue your Subscription/membership/usage of ObiNo and delete/deactivate your account such that all data stored by you in ObiNo or with Manna shall be irrevocably lost.
We currently do not allow any Refunds for any reason whatsoever. We would therefore suggest that you peruse the Offerings in detail prior to making a purchase or payment.
On signing-up/subscribing to ObiNo, you will be provided with access to various tools, information and advice on diet, exercise, nutrition and other health-based topics (“Content”). All this Content is proprietary and is created either in-house by Manna or legally sourced from a network of voluntarily participating nutrition and diet consultancy organizations (“Partners”). While you may share the information received from ObiNo with your social network, you must ensure at all times that the branding of ObiNo is adequately present in the communication and that all due credit is given to ObiNo for the Content. Any plagiarism or copying of Content is strictly prohibited and shall be enforced legally.
Since ObiNo is an application that can be accessed via the Mobile Phone, PC and various other devices, You give your explicit consent to receive Content as well as promotional offers from Manna and its Partners from time to time on your registered e-mail Id and Registered Mobile Number either by email, Calls, SMSes, WAP Pushes as well as by various other means not mentioned here, regardless of whether you are registered on the Do Not Call Registry or with any other such government / regulatory mechanism/body/platform/service. You agree that you cannot in any manner whatsoever bring any legal charges against Manna or any of its Partners for any Content or Promotional Offers that may be offered to you or accessed by you from time to time.
Expert Diet Plans
Amongst the many tools offered by Manna on ObiNo, is a tool called Expert Diet Plans that provide readymade Diet Plans applicable for healthy individuals in the specified categories (such as healthy pregnant women/post pregnant women/toddlers) and for such particular age groups with their specific nutritional requirements as chosen in the customizations. On receiving information for the Diet Plan opted for, either through e-mail, our app, or SMS, you must ensure that the Diet Plan is followed as per quantities recommended in order to fulfil your nutritional requirements. It is advisable for all pregnant mothers and breast feeding mothers to keep themselves away from alcohol, smoking, illegal drugs and prescriptions, excess of tea/coffee, spicy and highly flavoured foods and junk foods. It is also advisable for pregnant and post pregnant women to involve themselves in moderate physical activity under guidance of qualified experts and make attempts to stay away from stress.
Manna does not recommend, promote or suggest any particular service partner. You agree that selection of content from any Partner on ObiNo is at your sole discretion and is not based on any representations or recommendations by Manna, and is therefore your sole and exclusive responsibility.
- You agree to indemnify and hold Manna and (as applicable) its service partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, your violation of any law, or your violation of the rights, contractual or otherwise, of any third party.
- These obligations will survive any termination of the Terms.
- To the fullest extent permissible by law Manna and its Partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees disclaim all possible warranties over the content Manna makes no guarantees, nor can Manna be responsible for the quality, accuracy, reliability compliance or legality over any of the Content procured by its Partners. Manna is not liable for any kind of damages, injury or loss of any nature whatsoever resulting from Content from its Partners. Further, Manna does not make any warranty that Content will meet your requirements, or that access to the Content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. It is further clarified that any Content downloaded or otherwise obtained through the eMail/App/SMS is used at your own risk and you will be solely responsible for any damage to your mobile, computer system, devices or loss of data that results from the receiving of such content.
- Manna is a facilitator in providing access to ObiNo and is helping people to follow a healthy and nutritious diet based on their personal and specific requirements. Manna does not provide guarantee for any kind of results and outcomes. Further, Manna is not liable for any cause and effect of the advice. The Content of ObiNo is created by dietitians and nutritionists who are experts in their field.
- It is hereby clarified that Manna does not work for any pharmaceutical / medical company and as such does not ever endorse specific products and or services. Manna does not sell or endorse any manufactured nutritional and or medical products, supplements, drugs or devises.
- In no event shall Manna or its Partners undertake any responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the web site, mobile application of ObiNo. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Additionally, in no event shall Manna or its Partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the mobile service ; (2) unauthorized access to or alteration of your transmissions or data; (3) the statements or conduct of any third party on the mobile application; or (5) any other matter relating to the mobile application ObiNo. These limitations will apply whether or not Manna has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You shall not be entitled to specific performance of any of the Terms.
Copyright & Trademark
The Content of ObiNo is owned by Manna and its Partners. All right to, title to, and interest in the content available via the ObiNo Mobile application, Web Site, trademarks, service marks, and trade names displayed on ObiNo, and the Web Site URLs, are the property of Manna and its Partners, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Acceptance of Terms
- The Terms shall be deemed to have been accepted by you whenever you sign-up/subscribe for or use ObiNo from any device or platform. By signing up/subscribing, You have confirmed that you are above the age of 18 (eighteen) years and acknowledged that you have Read & Understood Terms completely and agree to abide by the same – on your own behalf and on behalf of your dependents/family.
- Manna reserves the right to modify the Terms from time to time and it shall be your responsibility to keep yourself updated with the Terms. You agree to be bound by such modifications. A copy of the updated Terms will be available at www.obino.in
- The benefits of ObiNo are personal to you and you may not assign your rights and obligation under the Terms to any person. You agree that you will use your Plan for your personal benefit or, if applicable, for the benefit of your family members.
- You agree to comply with the applicable local laws, of the territory where you are located and for the use of the Website and Manna does not have a responsibility for any violation of laws by you.
- The Terms shall be governed by the laws of India, and the courts at Delhi shall have exclusive jurisdiction over these Terms and all matters in relation hereto. Any dispute between Manna and you relating to the services or any of the Terms shall be referred to binding arbitration to be conducted in English by a sole arbitrator appointed by the Founding Team of Manna at New Delhi in accordance with the provisions of the Arbitration and Conciliation Act, 1996, whose award shall be final and binding.
You acknowledge and agree that any and all information provided to you by ObiNo is generic in nature and cannot be followed in the face of medical contra-indications. You are required to consult with your doctor before following any advice received from Manna in any way whatsoever, especially in case of any medical condition or of having any allergy to any particular food item. All responsibility and liability for partaking of this Content or advice shall rest solely with You. And Manna or its Partners cannot be held responsible in any way whatsoever for whatever consequences may arise from aforesaid consumption of the Content or advice recommended.
ObiNo provided by Manna is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The website, mobile applications and services do not contain or constitute and should not be interpreted as medical advice or opinion. Manna is not a medical organization and our staff will not and cannot give medical advice or diagnosis. Manna will not be held responsible for any information interpreted as such by you. The information and reports generated by Manna should not be interpreted as a substitute for physician consultation, evaluation or treatment. Hereby agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. Manna will not be held responsible for any individual who intends and carries out harm to themselves or other individuals. It shall be noted that ObiNo is intended for use only by healthy adult individuals. ObiNo is not intended for use by minors or individuals with any type of health or medical condition or allergies.
You are advised to address any complaints to our representatives. However, in case of dissatisfaction with such representatives, you may write to us at our corporate office or contact us as per the updated contact information as provided on our website – www.obino.in
Version 1.0 authored by Ritu Soni Srivastava, Founder, Manna Healthcare Pvt. Ltd on 16th November, 2013