Terms of Use
FIDDLEFITT LIFE PRIVATE LIMITED
(carrying on business as “FiddleFitt Life”)
APPLICATION AND ACCEPTANCE
These Terms of Use (the “Terms”) govern access to and use of the website at fiddlefittlife.com (the “Website”) and the nutrition, lifestyle and wellness programmes offered by Fiddlefitt Life Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at G-04, Ground Floor, Plot No. 41, Block B, Sector 63, Noida, Gautam Buddha Nagar, Uttar Pradesh, India (the “Company”, “we”, “us” or “our”), under the name “FiddleFitt Life”.
These Terms constitute a binding agreement between the Company and every person who uses the Website, submits an inquiry, participates in an assessment call or enrols in a Programme, and are accepted by doing any of those things and, in any event, by making payment for a Programme.
Related Documents: The Privacy Policy published on the Website forms part of these Terms. These Terms are supplemented by the Programme Confirmation and, for corporate engagements, by the written agreement with the Corporate Client. In the event of conflict, the agreement with the Corporate Client prevails over the Programme Confirmation, and the Programme Confirmation prevails over these Terms, in each case only to the extent of the conflict.
DEFINITIONS
In these Terms, “Client” means the individual for whom a Programme is designed and delivered; “Commencement Date” has the meaning given in Section 7.1; “Corporate Client” means an employer or other organisation that engages the Company to deliver Programmes to its employees or members; “Fees” means the amount payable for a Programme as stated in the Programme Confirmation; “Parent” means the parent or lawful guardian of a Client who is below eighteen years of age; “Programme” means any plan offered by the Company, presently in the lines of Metabolic Health, Fertility Care, Together Care, Hormonal Health and Sports Nutrition, for the duration and with the inclusions stated in the Programme Confirmation; “Programme Confirmation” means the written communication issued by the Company by email or WhatsApp before payment, recording the Programme selected, its duration, inclusions, Fees, permitted pause and any offer-specific terms; and “you” means the user of the Website or the Client and, where the Client is a minor, includes the Parent.
ELIGIBILITY
A Programme may be availed in one’s own name only by a person who has attained the age of eighteen years and is competent to contract under the Indian Contract Act, 1872.
Programmes for Minors: A Programme for a person below eighteen years of age may be availed only by a Parent, who contracts with the Company in the Parent’s own name, holds the account, attends the assessment call together with the Client, receives all follow-ups and communications, is responsible for the Client’s adherence to the Programme and for payment of the Fees, and exercises the rights of the Client under these Terms. Every provision of these Terms, including those relating to Fees, pause, cancellation and refunds, applies to a Programme for a minor without variation.
The Company may decline to enrol any person, or may require medical clearance before enrolment, where it considers that a Programme may be unsuitable for that person.
NATURE OF SERVICES
The Company provides personalised nutrition, diet and lifestyle guidance through degree-qualified registered dietitians and, where opted for, yoga and exercise sessions. Programmes are delivered through written plans shared in PDF form, scheduled follow-ups over WhatsApp or telephone, and live sessions conducted over Google Meet.
Not Medical Treatment: The Company is not a hospital, clinic or medical practitioner. Its Programmes do not constitute medical advice, diagnosis or treatment; its personnel do not prescribe medicines, hormone therapy or fertility treatment; and no Programme is a substitute for consultation with a registered medical practitioner. A Client who is pregnant, undergoing fertility treatment, on medication or living with a diagnosed medical condition shall consult the treating doctor before and during the Programme, and shall not discontinue or alter any prescribed treatment on the basis of a Programme.
Outcomes: The outcome of a Programme depends on individual physiology, medical history and adherence, among other factors beyond the Company’s control. Save to the extent expressly provided in a Programme Confirmation under Section 9.3, the Company does not guarantee any particular result, including a change in weight or hormonal parameters, conception, or athletic performance.
The content, sequence and intensity of plans and sessions are determined by the Company’s practitioners in the exercise of their professional judgment and may be modified during a Programme in response to the Client’s progress.
ENROLMENT
Following an inquiry, the Company schedules an assessment call to understand the Client’s current condition and recommends one or more Programmes. On the Client’s selection of a Programme, the Company issues a Programme Confirmation, and enrolment is complete when the Fees, or the first instalment where instalments have been agreed, are received by the Company.
Live yoga and exercise sessions are optional and form part of a Programme only where selected and recorded in the Programme Confirmation.
OBLIGATIONS OF THE CLIENT
Disclosure: You shall provide accurate, complete and current information during the assessment and throughout the Programme, including every existing medical condition, medication, allergy and pregnancy, and any change in health status. The Company relies on that information in designing the Programme and is not responsible for consequences arising from information that is inaccurate, incomplete or withheld.
Adherence and Adverse Effects: You shall follow the Programme with reasonable diligence, attend scheduled follow-ups and sessions, and promptly inform your assigned practitioner of any adverse reaction or discomfort, discontinuing the relevant activity and seeking medical attention where appropriate.
Live Sessions: Participation in live yoga and exercise sessions is at your own risk. You shall ensure that you are fit to participate, that your surroundings are safe, and that you exercise within your capacity. An adult shall be present throughout every live session attended by a minor Client.
Conduct: You shall treat the Company’s personnel with courtesy and shall not engage in abusive, harassing or inappropriate conduct in any communication or session.
PROGRAMME PERIOD, PAUSE AND RENEWAL
Commencement: A Programme commences on the date on which the first plan is shared with the Client or the first follow-up or session is conducted, whichever is earlier (the “Commencement Date”), and runs for the duration stated in the Programme Confirmation.
Pause: A Client may pause a Programme by written request made before the intended pause. The aggregate period of pause shall not exceed fifteen days, or such shorter period as the Programme Confirmation specifies, and the Programme is extended by the length of an approved pause. A period of non-participation that has not been approved as a pause does not extend the Programme.
No Automatic Renewal: Programmes do not renew automatically, and no Fees are collected for any further period without your express agreement. Renewal is offered, at the Client’s option, following a progress review at the end of a Programme, and takes effect only on the issue of a fresh Programme Confirmation and payment of the Fees stated in it.
FEES AND PAYMENT
Fees are payable in advance and in full, unless payment in instalments is agreed in writing. Fees are inclusive of goods and services tax unless the Programme Confirmation states otherwise, and a tax invoice is issued for every payment.
Mode of Payment: Payment may be made by UPI or bank transfer to an account designated by the Company, or through such payment gateway as the Company may make available. The Company communicates its payment details only from its official email address and WhatsApp number and is not responsible for any amount paid to an account not so designated.
Instalments: Where instalments have been agreed, the Company may suspend delivery of the Programme until an overdue instalment is paid, and the period of such suspension does not extend the Programme.
CANCELLATION AND REFUNDS
Before Commencement: A Client may cancel a Programme before its Commencement Date by written notice, in which event the Fees paid will be refunded after deduction of any charges levied by banks or payment service providers on the transaction.
After Commencement: A Client may discontinue a Programme at any time after its Commencement Date by written notice. Fees are not refundable, in whole or in part, once a Programme has commenced, and the Fees paid, together with any instalment then due, are retained by the Company, whether the Client discontinues the Programme, fails to participate in it, or withdraws consent to the processing of Health Information. The Fees reflect the assessment, planning and practitioner time committed to the Client from the Commencement Date.
Money-Back Offers: The Company may, during promotional periods, extend a money-back guarantee on specified Programmes. A guarantee applies only where it is expressly recorded in the Programme Confirmation, and a claim under it is assessed solely against the eligibility conditions, performance criteria, claim period and documentation requirements published with the offer and recorded in the Programme Confirmation, which may include completion of the full Programme, adherence to the plan and attendance at every scheduled follow-up.
Inability of the Company to Deliver: Where the Company is unable to commence a Programme, or discontinues it, for reasons attributable to the Company and not to the Client, the Company will, at the Client’s option, complete the Programme at a later date or refund the Fees proportionate to the undelivered part of the Programme.
Manner of Refund: Any refund due under these Terms is made to the account from which the Fees were paid within fourteen working days of its approval.
SUSPENSION AND TERMINATION BY THE COMPANY
The Company may suspend or terminate a Programme by written notice where the Client has provided materially false or misleading information, has breached Section 6.4 or Section 11, has failed to pay Fees when due, or has otherwise materially breached these Terms. Fees are not refundable on termination under this Section.
Where, in the professional judgment of the Company’s practitioners, continuing a Programme may be unsafe for the Client without medical supervision, the Company may suspend the Programme pending medical clearance or terminate it, and may, at its discretion, offer credit toward a future Programme for the undelivered part.
INTELLECTUAL PROPERTY
All plans, documents, recipes, session content and other material created or supplied by the Company, the Website and its content, and the name and marks “FiddleFitt Life” belong to the Company or its licensors.
The Company grants the Client a limited, personal, non-exclusive and non-transferable licence to use the material supplied during a Programme solely for the Client’s own use. The Client shall not copy, share, publish, sell or commercially exploit such material, or record any session, without the Company’s prior written consent. Plans are prepared for the Client’s individual condition and may be unsafe for any other person to follow.
USE OF THE WEBSITE
You may use the Website only for lawful purposes and shall not attempt to gain unauthorised access to it, interfere with its operation, introduce malicious code into it, or extract its content by automated means.
Content on the Website is general information about health, nutrition and the Company’s Programmes. It is not tailored to any individual and is not to be relied upon in place of a personalised assessment or medical advice.
The Website may contain links to third-party websites and platforms, including social media and messaging services, whose content and practices the Company does not control and for which it is not responsible. The Company does not warrant uninterrupted availability of the Website or of any third-party platform used to deliver a Programme.
COMMUNICATIONS AND NOTICES
By submitting your contact details, you authorise the Company to contact you by telephone, WhatsApp and email in relation to your inquiry and Programme, to the extent permitted under the Telecom Commercial Communications Customer Preference Regulations, 2018, notwithstanding any preference registered by you in respect of commercial communications. Promotional communications are governed by Section 4.5 of the Privacy Policy.
The Programme Confirmation and notices under these Terms are validly given by the Company when sent to the email address or WhatsApp number registered by you, and notices to the Company are validly given when sent to contact@fiddlefittlife.com.
CORPORATE WELLNESS PROGRAMMES
Programmes for a Corporate Client are delivered under a written agreement with that Corporate Client, which governs the commercial terms, including Fees, scope, number of participants and duration. These Terms govern the relationship between the Company and each participant, save as otherwise provided in that agreement, and disclosure of participants’ information to the Corporate Client is governed by Section 6.3 of the Privacy Policy.
LIMITATION OF LIABILITY AND INDEMNITY
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special or consequential loss, or for any loss arising from information provided by you that is inaccurate, incomplete or withheld, from your failure to follow the Programme or the advice of your medical practitioner, or from the unavailability of any third-party platform.
The aggregate liability of the Company arising out of or in connection with a Programme, whether in contract, tort or otherwise, shall not exceed the Fees paid for that Programme.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, or the rights of a consumer under the Consumer Protection Act, 2019.
You shall indemnify the Company, its directors, personnel and practitioners against any loss, claim or expense arising from your breach of these Terms, any misrepresentation made by you, or your infringement of the Company’s intellectual property.
FORCE MAJEURE
The Company is not liable for any delay or failure in performance caused by events beyond its reasonable control, including natural calamity, epidemic, governmental action, and failure of telecommunication, internet or third-party platform services. Sessions affected by any such event will be rescheduled, and the Programme extended accordingly.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India.
Any dispute arising out of or in connection with these Terms or a Programme shall first be referred to the Grievance Officer under Section 18. If the dispute is not resolved within thirty days of such reference, the courts at Gautam Buddha Nagar, Uttar Pradesh shall, subject to Section 17.3, have exclusive jurisdiction.
Nothing in this Section limits the right of a consumer to approach a Consumer Disputes Redressal Commission having jurisdiction under the Consumer Protection Act, 2019.
GRIEVANCE REDRESSAL
Grievances relating to the Website, a Programme or these Terms may be addressed to the Company’s Grievance Officer, Ms. Ridhima Anand, Senior Dietitian, at contact@fiddlefittlife.com or on +91 9877769551, or by post at the registered office of the Company. The Grievance Officer will acknowledge every grievance within forty-eight hours of its receipt and will resolve it within one month of receipt.
GENERAL
Amendment: The Company may amend these Terms by publishing the amended version on the Website. No amendment shall apply to a Programme for which a Programme Confirmation was issued before the amendment, to the extent that it adversely affects the Client’s rights in that Programme.
Assignment: You may not assign or transfer a Programme or any right under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a successor to its business.
Severability and Waiver: If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force. No failure or delay in exercising any right operates as a waiver of it.
Entire Agreement: These Terms, the Privacy Policy and the Programme Confirmation together constitute the entire agreement between you and the Company in respect of a Programme.
Survival: Sections 11, 15 and 17 survive the completion, cancellation or termination of a Programme.