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Terms & Conditions Of Use

The present Terms & Conditions (T&C) is an electronic record containing the Terms & Conditions of use of www.shahprachi.com i.e. our Website as well as availing our Services. Accordingly, PLEASE READ THIS TERMS & CONDITIONS CAREFULLY. Also note that only because you have agreed to be bound by the terms described herein, you are using and accessing our Website. The present Terms & Conditions and the Privacy and Cookies Policy together constitute the entire set of terms which you have agreed while using the Website and availing the Services. In the event, you are having disagreement with the terms and conditions contained herein or any objection in that regard, kindly immediately stop the further use of the Website or availing our Services. In the event of disagreement and continuation of use and access of the Website, it shall be deemed that you have waived all your disagreement and objections and have agreed to be bound by the Terms & Conditions.

    1. PRIMARY TERMS AND CONDITIONS
      1. The domain name www.shahprachi.com, an internet-based portal is run, operated, and maintained by Ms. Prachi Nitinkumar Shah Proprietor of M/s. Health Habitat and you confirm that you are using the Website only upon acceptance of notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”, “Terms”), read with the Privacy Policy. As stated above, In the event, you are having disagreement with the terms and conditions contained herein or any objection in that regard, kindly immediately stop the further use of the Website or availing our Services. In the event of disagreement and continuation of use and access of the Website, it shall be deemed that you have waived all your disagreement and objections and have agreed to be bound by the Terms & Conditions.
      2. This Website is meant to provide an overall introduction to M/s. Health Habitat , a proprietary firm of Ms. Prachi Nitinkumar Shah (hereinafter referred to as “Owner”, “Proprietor”, “We” or “Health Habitat”). The Website provides a general information about the area being dealt with by the firm as a part of its activities i.e. Nutrition and its related courses etc. The Website contains all generic and non-specific information pertaining to the area of the activities. Since the area i.e. Nutrition, being dealt with by us is having a direct and straight impact on your health and physiological functioning of your body, nothing contained in the Website may be considered as our advise or opinion for you and accordingly, you may not start to act upon the same. In the event, despite this specific condition you choose to consider anything contained herein an advise and act upon the same, you shall be doing the same at your own costs and risks and we shall not be in any manner responsible for the same or for the effects as may arise out your actions.
      3. We at the moment offer Programmes titled as Health Pro, Crunch In 90 and Gutreset (details whereof are available on “Our Plans” Page) (Hereinafter referred to as “Services”). We have made best efforts to precisely explain the courses and processes adopted by us for each type of plan in the Services. The scope and extent of courses and processes as are mentioned shall be strictly be limited to the extent as is mentioned by us and that nothing inferred or perceived to be included on the basis of general perception / inference, shall be construed to have been included on the basis thereof. In the event, you wish to have a clarification from us, then you may write to us about your perceived / inferred inclusion on prachihealthhabitat@gmail.com which shall be reverted to by us and only any inclusion specifically confirmed by us in our reply on email shall be construed to be included in the courses and processes to be offered by us.
      4. The domain name www.shahprachi.com, an internet-based portal is run, operated, and maintained by Ms. Prachi Nitinkumar Shah Proprietor of M/s. Health Habitat. Ms. Prachi Nitinkumar Shah Proprietor of M/s. Health Habitat may assign, transfer, and subcontract its rights and/or obligations under these Terms & Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms & Conditions in the event of such assignment, transfer, or subcontracting.
    2. USER ACCOUNT
      1. You have by ticking into the mandatory acceptance at the time of availing accepted the Terms & Conditions pertaining to our Services and therefore you shall be bound by the Terms & Conditions as are contained in the course of availing services from us.
      2. Our Services can be availed either by creating an user account or as a guest. Mere creation of user account does not result into any obligation upon to provide any Services to you. You can create only one account for yourself as individual and opening of user account in a corporate name is not permitted. In the event of multiple accounts in the same name or in a corporate name is brought to our notice then we reserve the right to suspend and or cancel such user accounts.
      3. The hosting of the present Website and the information as is contained herein pertaining to plans offered by us as a part of Our Services do not constitute an offer to provide the services and hence, it is specifically notified that the display of the information contained herein, option to create of the user account or submit the details as a Guest, option to remit the amount of charges is and not be construed as an offer from our end. All the aforesaid, is and would only be construed as an “Invitation to Offer” to avail the services from us. Accordingly, it is specifically state that the creation of a user account, submission of details through the User Account, Guest Account and making of remittance would not automatically create a contract between you and M/s. Health Habitat. We reserve the right to scrutinize / analyze the details as are submitted by you and thereupon at our discretion accept the offer as is received from your end within 15 working days. We shall have be construed to have accepted your offer only upon a mail being sent to you and confirming the acceptance to subscribe to the Services (plan) . In the event, we do not accept your offer, then we shall accordingly inform you and refund the amount received within 7 working days from the date of intimation of non-acceptance of your offer. You hereby confirm and acknowledge that you having voluntarily having chosen to make an offer which can be accepted by us at our discretion, you confirm that in the event we reject the offer and refund the amount within the time as mentioned above, then we shall not be liable to pay any interest thereon to you.
      4. For the purposes of making an offer and availing our Services, you must meet the following eligibility criteria:
        1. You must have completed 18 years of age on the date of making the offer by way of submission of details. In the event of an application being made for a minor then after the name of minor, the name of the parent applying on behalf on the minor must be mentioned and the Identity Proof of the minor and parent making the application, both must be provided.
        2. You are not adjudged as an Insolvent or otherwise are disqualified from entering into a contract.
        3. If in the past your application is refused / rejected by us or agreement is terminated by us or if there are any disputes pending between you / your family member and us i.e. M/s. Health Habitat.

In the event, the non-compliance of the aforesaid comes to our notice, we reserve the right to suspend / terminate your user account at any time without notice.

      1. At the time of creation of the account you shall provide accurate, truthful, current, and complete information and documents at the time of creation of your user account. In the event of an impersonation being caused, we reserve right to suitable action against the person impersonating as also the person impersonating shall be liable to keep us indemnified. After the opening of your user account you shall be required to be maintain and promptly update your account information, maintain the security of your user account by timely updating your passwords. In the event, you realise or suspect any authorised access of your user account, kindly promptly notify. In the event you do not notify us then we are and cannot have the knowledge of unauthorised access and hence would not be responsible for any unauthorised access of your user account until and unless notified by you.
      2. Further, You shall not upload to, distribute, or otherwise publish through the Platform any prohibited content including and not limited to any content, information, or other material that (i) belongs to another person; (ii) harmful, harassing, defamatory, obscene, invasive of another’s privacy, insulting, libellous, racially or ethnically objectionable or otherwise inconsistent with or contrary / violates to the laws in force; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright, or other proprietary rights; (v) deceives or misleads the addressee about the origin of your message and intentionally or is impersonating in nature; (vi) contains software viruses or any other computer code and malware; (vii) threatens the unity, integrity, defence, security, or sovereignty of India; (viii) incites any offence or prevents investigation of any offence or insults any other nation and (ix) is abusive or inappropriate to standards set forth by us; and (x) is not relating to the medical consultation or relating to any of the services you avail from us
      3. We at our discretion, reserve the right to permanently or temporarily suspend or terminate the user account and bar their use and access at any time in the event we receive any complaint or find violation of these Terms & Conditions, or for any other reason
      4. In the event, your user account is suspended / terminated, then all the details / particulars as are contained therein shall stand deleted / erased. In the event, you require such details and particulars for any purposes whatsoever then you are required to maintain an independent record of the same as we have no obligation to maintain the record of details / particulars.
      5. A user account or subscription to a plan cannot be assigned / transferred by the person subscribing in favour of any other person.
    2. APPOINTMENT
      1. After, you receive an acceptance from us confirming the acceptance of your offer to avail our Services, you shall be contacted by our team member to understand your current routine, health concerns and medical history, if any. Once, the said process is over, you shall be given an appointment for either (i) online consultations and or (ii) in-person consultation (at our Vadodara or Ahmedabad centres). There may be a waiting period of 1-2 weeks for the first counselling session after the enrolment depending upon the schedule and availability.
      2. The appointment shall be provided from out of the available slots of appointment on the date when the appointment is being sought. Once your appointment is confirmed, you shall receive an email / SMS confirming the appointment being booked. The time provided for a consultation to you is indicative and actual consultation time may change depending on our discretion or other circumstances (like the person under consultation prior to your appointment has required an extended consultation). You agree that there might be unforeseen circumstances that might lead to delay or cancellation of the consultation for which appropriate resolution either as rescheduling.
      3. Any appointment can be rescheduled once only by a prior intimation of 30 minutes in case of Online Consultation and 2 hours in case of in-person consultation. In the event, of rescheduling an appointment more than once / additional appointment / unattended appointment, requiring an appointment / consultation to be given, an amount of Rs. _____ per hour shall be payable.
      4. We reserve the right to provide a free review, post-medical consultation.
      5. In the event, you decide to have an online consultation, you shall ensure that you are equipped with proper video conference equipment and internet connectivity. In case of any disconnects or technical errors, we shall at our discretion either construe the appointment to be completed and or reschedule the appointment. Further, in case of online consultation, you understand and acknowledge that there will not be any physical examination involved and courses / processes shall solely be based on the verbal representations made by you and any papers and documents as may be shared by you.
    3. SERVICES
      1. The details of the terms of the plans are provided in “Our Plans” page and accordingly, the course and process as is provided shall be taken recourse for and in respect of the concerned Plan.
      2. Upon your offer being accepted, in the first appointment as shall be given, you shall be provided a Start Date and an End Date on which the Plan opted by you shall commence and come to an end. For 3 Months Package duration of diet will end 3 months + 7 days while for 6 Months Package duration of diet will end 3 months + 15 days. The extra period will be known as buffer and buffer days can be utilised when you are not able to follow the diet under the given limit of each package.
      3. Each month consists of 2 diets / 4 diets (according to the Plan chosen). Not following the diet / taking breaks in between the process will amount to reduction on number of diets.
      4. No change in the duration of the package will be considered after the generation of the first diet where as new package can start after the completion of the ongoing package.
      5. After the first appointment is over, the Diet Plan shall be provided within 24-48 hours of the first counselling session. This shall be followed by weekly / fortnightly follow ups (as per the chosen Plan) to check on the progress and customise the next diet accordingly. The Diet Plan shall also include Travel Diet / Eat Out Guide (as per the chosen Plan) will be provided for any work / leisure travels or occasions to be attended.
      6. Apart from your appointments, in the event you have any query or require any guidance then you can reach out to us either by calls or emails or on whatsapp message however such communications shall be answered between 10:00 AM to 5:00 PM.
    4. CHARGES
      1. The Charges for and in respect of the Plans are stipulated on “Our Plans” page. We reserve the right to increase / decrease the charges from time to time at our sole discretion. However for and in respect of a particular person, the charges payable by him at the time of making an offer shall remain unaltered during the course of the Plan.
      2. The Charges as mentioned on “Our Plans” Page are inclusive of taxes.
      3. The Tax Invoice shall be generated by us in the name of the person subscribing for the Plan irrespective of the person making the remittance. In any event of refund being required to be made, it shall be made to the person subscribing for the Plan.
      4. Our Charges once paid are not refundable.
    5. DISCLAIMER
      1. You are solely responsible for the medical, health, and personal information provided by you as you understand that the Services provided by us shall be dependent upon the same and any error or non-disclosure on your part can have a material effect on the evaluation made by us and the consequent services provided. We shall not be liable for deficiency or shortfall in any misdiagnosis / faulty judgment/interpretation error/perception error/adverse events/inefficacy of prescribed treatment in the Services on account of such error and or non-disclosure.
      2. You will be solely responsible for all access to and use of your user account and password and we shall not be responsible in the event such credentials are entered correctly and use of your user account is caused.
      3. We do not recommend or require you to contact any of our employees or other staff personally and despite the same any consultations as may be obtained over a call or otherwise other than the prescribed process of appointment shall not have no privity with us and we shall not be responsible for any matters or issues arising out of the same.
      4. You may view and access the content available on the Website solely for the purposes of availing the Services and shall not modify any content on the Website or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.
      5. The results are subject to vary from person to person and according to the regularity and dietary compliances.
      6. In normal circumstances, all diets are scientifically authentic and are nutritionally adequate with customization according to your body’s need.
      7. The Information, Data and Documents as shall be provided to us shall be subject to Privacy and Cookies Policy as is separately provided.
    6. TERMINATION
      1. We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of the user account however, we shall not be liable to refund any amount.
      2. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions or considered to be unethical/immoral; and
      3. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.
    7. INTELLECTUAL PROPERTY RIGHTS
      1. All Our Confidential Informationand Intellectual Property including and not limited to Trademarks, Copyrights etc. which has been developed by us is our exclusive property and shall be continued to be owned by us.
      2. You hereby acknowledge and confirm that you have not been conferred with any rights in respect of the Confidential Information or IP and you have no right to use or do any act, thing or deed in respect of or even use the Confidential Information or IP.
      3. You shall be liable to compensate for the losses and damages in the event of the wrongful use of Confidential Information and or infringement of our Intellectual Property without prejudice to our right to claim injunctive reliefs against you for the wrongul and illegal actions being undertaken in respect of Our Confidential Information and Intellectual Property.
    8. FORCE MAJEURE
      1. In the event of any non-compliance or delay with any of the obligations when caused by events that are beyond our control [including and not limited to strike, lockout or other forms of protest, Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war, Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination] (“Force Majeure”) the performance of our obligations shall stand suspended during the period in which Force Majeure remains in effect and thereby the total time of the performance shall stand extended in equivalence to the period for which the force majeure susbsisted.
    9. NOTICES AND CONTACT
      1. Any Notice which shall be required to be served under this T&C or law can be served upon us / for grievance / issue, we can be contacted by any of the two modes of service:-
        1. Email: prachihealthhabitat@gmail.com
        2. By Regd. Post Ack. Due:- At the address shown in the “Contact Us” page on the date of issuance Notice.

The Notice shall be construed to be served upon us only upon actual service thereof to us and no service by deeming / inference shall be construed to be caused upon us.

    1. Similarly, any Notice which shall be required to be served under this T&C or law can be served upon you on the email id and physical address location as provided by you. In the event, you provide improper, incorrect and or insufficient email id or physical address location, the Notice shall be deemed to be served upon you.
  2. INDEMNITY
    1. In the event, you indulge into any illegality or misrepresentation or default or commit any error in providing information to us, we shall not be responsible in any manner for the loss or damage therefrom as may occur to you. However, in the event illegality or misrepresentation or default or error committed by you, then you agree and confirm to hold us harmless and indemnified for any loss or damage under any head or nomenclature which is suffered by the us.
  3. WAIVER, AMENDMENT AND SEVERABILITY
    1. No action or inaction on our party shall be construed as a waiver of any breach nor shall any delay or omission on our part shall operate / be construed as a waiver of any right, power, privilege which can / could be exercised by us.
    2. We my at anytime amend / change our T&C and publish the same on our Website. Upon being published, the T&C shall become effective and binding and therefore, every time you use our Website or avail Services, you must go through T&C and in the event, you choose to continue without reading them then it shall be deemed that you have perused them and agreed to the T&C as are set forth herein. In the event you do not agree with any such revised terms, please refrain from using our Website and Services and contact us to close any account you may have created.
    3. In the event, a court of competent jurisdiction finds any term contained in the T&C or portion thereof, to be invalid, illegal or unenforceable then the other terms and conditions contained herein and the remainder of the provision shall be enforceable to the extent that the same is not invalid, illegal or unenforceable.
  4. ARBITRATION
    1. In the event of any disputes, differences and/or claims between you and or any person claiming through you with us i.e. Health Habitat or in any way relating to or concerning the same or as to construction, meaning or effect hereof or as to your or our rights and liabilities and / or any matter connected or consequential to these presents or any matter having co-relationship either with this agreement or with any documents as referred to or forming part hereof by reference and therefore generally any matter with respect to privity of the parties, all such disputes will be settled by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof and will be referred to the a single arbitrator to be appointed mutually and the arbitral tribunal as constituted vide this clause will resolve / adjudicate all such disputes and pass an award in accordance with the aforesaid Act.
    2. In the event of death, refusal, neglect, inability, or incapability, of a person so appointed to act as an Arbitrator, the franchisor may appoint a new Arbitrator subject to the same terms and conditions as the original arbitrator was appointed. The award of the arbitrator will be final and binding on all parties concerned.
    3. The venue of Arbitration shall be at Vadodara and Arbitration will be conducted in English and concluded as early as possible and the total cost of arbitration will be borne by both the parties in equal proportion.
  5. APPLICABLE LAW
    1. We maintain our Website and provide services being compliant to the laws of Republic of India. If you access our services from locations outside India, then the local applicable laws may be verified by you and thereafter proceed. In the event of failure to do so at your end, you shall be solely responsible.
    2. The privity between M/s. Health Habitat and you shall be strictly governed by the laws of Republic of India and hence the law applicable shall be the laws of Republic of India.
  6. JURISDICTION
    1. In the event of any disputes, the Courts at Vadodara shall have the exclusive jurisdiction to decide such disputes and the Courts at Vadodara shall also be exclusive courts in respect of matters arising out of arbitration.