TERMS AND CONDITIONS

OVERVIEW

This website is operated by Dr. Joline’s Clinic, having its Registered Office at Shop no. 16, Ganesh Apartments Opp Jade Blue, Murida, Fatorda, Margao, Goa 403602. Throughout the site, the terms “we”, “us” and “our” refer to Dr. Joline’s Clinic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1) ELIGIBILITY AND YOUR OBLIGATIONS

1. You must be 18 years or older to use this Service. By visiting the said website, you represent and warrant to us that You are 18 years of age or older. If You are under the age of 18 or applicable legal age in Your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, Your parent and/or guardian who has agreed to the Terms of Service.
2. You must provide true, correct, legal and valid information when requested including at the time of using the said Services.
3. If you are not a Resident Indian, you may access, use and avail of the Service / access this Website only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country.
4. Each User login (as and when applicable) may only be used by the person who registered for.
5. Multiple profiles of the same person may not be allowed on the said website.
6. You are responsible for maintaining the security of Your account, Your Material and password. We cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You are not authorized to share Your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the account and Services. You agree to immediately notify us of any unauthorized use of Your account, identity, personal information and passwords.
7. Illegal and/or unauthorized use of Site, including aggregating Usernames and other contact information for the purpose of sending unsolicited communications is prohibited
8. You shall not use this Website, our Programme and Service for any illegal or unauthorised purpose.
9. You agree not to reproduce, duplicate, copy, sell, resell, exploit any portion of the Service, Website.
10. You must evaluate and solely bear all risks associated with the use or posting of any contents whatsoever, including any reliance on the content, integrity and accuracy of such content.

2) ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3) MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4) USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, you send certain specific submissions or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

5) INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all the materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Dr. Joline’s Clinic or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on Website. Dr. Joline’s Clinic and its logo are registered trademarks of Dr. Joline Fernandes. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved by Dr. Joline’s Clinic.

6) PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy

7) ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

8) DISCLAIMER OF WARRANTIES- LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose, title, and non-infringement. In no case shall Dr. Joline’s Clinic , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the service, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

9) MEDICAL DISCLAIMERS

1. Dr. Joline’s Clinic is a medical organisation. Any information provided by us through Website is for informational purposes only. You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional medical advice. AND RELIANCE ON ANY INFORMATION PROVIDED BY THE WEBSITE OR THE PROGRAM IS AT YOUR OWN RISK.
2. The Fit & Fab Challenge Programme (Program) that we provide may or may not include medical advice. The advice given under our Program including but not limited to the food plans, diets, workout and exercise plans, should not be misconstrued as medical advice.
3. We do not guarantee as to any particular Program or any particular advice given to you will be suitable to your health. We shall not be responsible for any issues, side effects including without limitation any allergic reactions to you on account of following our advice, diet and nutrition plans and therefore, we strongly advise you to consult your doctor before trying any of the Program available on our Website.
4. Consider the risks involved and consult with your further medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any Program provided by us
6. In the event if any wellness or diet plan or exercise recommended by us causes any pain, side effect or allergic reaction, or severe discomfort, you should immediately discontinue such diet plan or exercise and immediately consult your doctor.
7. You agree and understand that using our Programs cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.
8. Interactions with our Associates do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use our Service / Program to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
9. Our Programs and Services are structured to support the health decisions and choices that you make, with respect to your lifestyle. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in accordance with the advice you receive from your own doctor.
10. We and our Associates are not liable or responsible for any injury or disease including aggravation, acceleration or recurrence of such injury or disease or death arising from or in connection with nutritional or exercise advice and dietary information provided in consultations, programs or by other resources.
11. We and our Associates may recommend health supplements and nutraceuticals. However, any Program success is not dependent solely on the use of supplement or nutraceuticals. Use of such supplements and nutraceuticals is solely your decision. You should seek advice from your medical practitioner before consuming any such supplements.
12. We do not recommend use of our Program as replacement of doctor’s advice or medical treatment. Neither do we take any decision for you or your family as to whether to take medical treatment or not.
13. We never sell or suggest or claim that our Program is ‘magic therapy’ and we will never sell or suggest or claim any product, pills , food or methods to be ‘magical’ in nature and will take away your disease.
14. We respect medicine, science and also respect nature and the intelligence and healing power of human body.

10) INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dr. Joline’s Clinic and our affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11) SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

12) TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

13) PROGRAM TERMS

The terms and conditions specifically applicable in relation to each respective Program subscribed by you, shall be part of these terms and conditions.

14) REFUND & PAYMENT TERMS

1. Dr. Joline’s Clinic shall charge the Client, Program Fees as detailed in the Program Term.
2. The Program Fee shall be payable in advance for the full Program Duration.
3. Activation of the Program(s) is subject to realization/receipt of the Program Fee
4. The Program is non-transferable to another party
5. All Payments made to the program are non-refundable and non-transferable. Dr. Joline’s Clinic shall not be under any obligation to refund any fee, on any ground including on the humanitarian ground, if so claimed, on account of any injury or death caused to the Client.
6. Any applicable refund due to payment gateway failure or chargeback will be subject to the terms and conditions of the respective payment gateway
7. Cancellation Policy
   Program Subscriptions once made/placed, cannot be cancelled for any reason. There shall be no refunds.

15) ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16) GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Goa.

17) CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18) CONTACT INFORMATION

Following Person has been appointed as ‘nodal person’ to ensure compliance of the provisions of ‘Consumer Protection Act, 2019’ and ‘Consumer Protection (E-Commerce) Rules, 2020’
Name: Dr. Joline Fernandes
Email Id: [email protected]

19) CUSTOMER CARE

Any Questions about the Terms of Service should be sent to us at [email protected]
Details of our Customer Care are as below:
Email Id: [email protected]
Landline: +91 97642 40528
A ticket number will be generated for each complaint lodged, through which the consumer can track the status of their complaint

20) GRIEVANCE REDRESSAL MECHANISM

If you have any questions regarding these Terms and Conditions, please email us at [email protected] with your queries and we shall endeavour to resolve all your queries. In case if your complaints are not resolved through Customer Care Desk within 60 days from your lodging of complaint, we encourage you send your detailed signed complaint in writing by email to our grievance officer:
Name: Dr. Joline Fernandes
Email Id: [email protected]
Address: Shop no. 16, Ganesh Apartments Opp. Jade Blue, Murida, Fatorda, Margao, Goa 403602, India
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING AND/OR VISITING the Website YOU SIGNIFY YOUR IRREVOCABLE AND UNCONDITIONAL ASSENT TO ALL THESE TERMS AND CONDITIONS (the "Terms of Service" or “Terms and Conditions”) HEREIN.