TERMS OF USE
The Terms of Use (the “terms and conditions”) outlined herein establish the legally binding terms and conditions that govern the access to, use of, and/or registration on the ‘MFW Enterprise’ website, (referred to as the “Platform”). The Platform is operated and maintained by ‘’ (hereinafter referred to as “We,” “Our,” “Us,” or the “Firm”). These terms extend to the use of all Platform Services (as defined below), provided through the Platform and detailed comprehensively in Section 2 (Applicability) of these terms and conditions.
By accessing, browsing, or using the Platform, you (hereinafter referred to as “You” or “User”) expressly agree to abide by and be bound by the terms of these terms and conditions, including the use of solutions, suggestions, programs, or products that the Platform offers. These services are specifically designed to address lifestyle challenges, intimate concerns, fitness development (mentally or physically) and other personal development objectives.
These terms and conditions constitutes an electronic record within the meaning of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder, as well as the provisions relating to electronic records in various statutes as amended by the IT Act, 2000. Being an electronic record, this document is generated by a computer system and does not require any physical or digital signatures for its validity or enforcement.
We strongly advise you to carefully review and understand the Terms of Use and our Privacy Policy before using, registering on, or accessing the Platform, or utilising any material information, or services provided through it. Your decision to access or use the Platform, regardless of whether you avail of or provide any specific services on the Platform, constitutes the following acknowledgments and these terms and conditions:
1. Acceptance of these terms and conditions: Your access to and use of the Platform signifies that you have read, understood, and accepted the terms of these terms and conditions, and you agree to be legally bound by its provisions.
2. Age and Competence: You affirm that you are at least 18 years of age and have the legal capacity to enter into and adhere to the obligations set forth in an agreement.
3. Independent Agreements: You acknowledge that these Terms of Use do not alter, amend, or supersede any other written agreements that you may have executed with the Firm or the Platform for other services or transactions.
Please note that if you do not agree with any part of these terms and conditions or do not meet the eligibility criteria mentioned above, you must discontinue the use of the Platform immediately. Your continued use of the Platform will be deemed as your unequivocal consent to this these terms and conditions.
The Platform reserves the right to modify, amend, or update these Terms of Use at any time without prior notice. Any such changes will be effective immediately upon being posted on the Platform. It is your responsibility to review these terms periodically for any updates. Your continued use of the Platform following the posting of revised terms signifies your acceptance of the updated terms and conditions.
These terms and conditions applies to all individuals, entities, and organisations accessing the Platform, regardless of their purpose of use, including but not limited to Users who merely browse the Platform, Users who avail of services provided on the Platform, and any third-party service providers offering goods or services through the Platform.
1. ACCEPTANCE OF TERMS
Please read these Terms of Use carefully before you start to use the Services. By accessing, browsing or using the services (including your submission of information to the website), you acknowledge that you have read, understood and agreed to be bound by these terms of use, including the privacy policy (which is incorporated herein by reference), and to comply with all applicable laws and regulations.
These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the agreed terms and the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it. MFW Enterprise, may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. MFW Enterprise may remove, modify or otherwise change any content, including that of third parties, on or from this Site. MFW Enterprise may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. MFW Enterprise may terminate your use of the Site at any time at its sole discretion. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with MFW Enterprise or its parents, subsidiaries or affiliates.
2. APPLICABILITY
These Terms of Use applies to all the users of the platform including:
(a) Any supplier of any goods/services (whether an individual, professional or an entity or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”); or
(b) An individual who accesses and/or registers on the Platform and/or places a request for Services (as defined below) or Products (as defined below) on the Platform (“End-user”, “You” , “Your” or “Users”).
3. PLATFORM SERVICES
3.1 Scope of Offerings
You acknowledge that the Platform is a web service that allows You to avail services available on the platform and provided by the Firm /Partners. MFW Enterprise provides personalized services focused on improving lifestyle and addressing intimate concerns. These services may include, but are not limited to:
a) Individual or group consultations aimed at identifying personal goals and challenges or male intimate concerns;
b) Lifestyle programs addressing topics such as stress management, fitness, and nutrition concerning health challenges specifically intimate concerns;
c) Workshops or any other content or any other client-centric solution designed to educate and empower users with practical tools to cater to their personal goals and challenges;
d) Suggested or prescription of supplements, vitamins, etc. for personal care, intimate concerns or any other lifestyle or fitness concern;
3.2 Nature of Offerings
You acknowledge that the suggestions and plans or any other services provided by the platform are supplementary and are not intended to replace professional, medical, psychological, or legal advice. Any fitness plan/ supplement or any other suggestion or plan recommended by the platform is meant to enhance general wellness but should not substitute for professional physical, mental or medical therapy prescribed by a licensed practitioner.
The nature of services consisting but not limited to dietary, physical fitness, or supplements suggestions is based on general best practices applicable to the broader population unless explicitly personalized for your situation. Any suggestion may, unless personalized for your situation, may not consider allergies or dietary restrictions unless disclosed during registration. Any lifestyle, dietary, fitness plan, suggested supplementary or any other advice delivered via generalized content and should be tailored to your specific needs with consultation to a certified professional before use.
We strongly recommend consulting licensed healthcare providers before making any changes based on our recommendations, particularly if you have preexisting medical, physical, or psychological conditions.
4. DISCLAIMERS
4.1 You agree that your use of the Website and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/App/Marketplace and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. MFW Enterprise shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.
4.2 A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability or responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. MFW Enterprise hereby disclaims any and all responsibility and liability associated with the same.
4.3 You acknowledge and agree that MFW Enterprise is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
4.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or of vendors on the platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, MFW Enterprise shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors on the Services/the platform.
4.5 The Services may provide, or third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
4.6 If you have any medical history that may put you at risk, including, without limitation, one or more of the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the services:
A. Heart disease;
B. High blood pressure;
C. Family history of high blood pressure of heart disease;
D. Chest pain caused by any physical activity;
E. Any negative physical or psychological symptom caused by prior use of any supplement;
F. Bone or joint problems;
G. Dizziness or loss of consciousness caused by previous exercise;
H. Diabetes, high cholesterol, obesity or arthritis.
4.7 You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions,
4.8 You should discontinue the use of any suggested supplement or dietary advice in cases where it causes any physical or psychological discomfort and should consult a medical expert prior to returning to exercise in such cases.
4.9 The content of the platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the platform. Reliance on any such content is solely at your own risk.
4.10 The content provided on or through this platform regarding any drug or dietary supplements or products which are suggested to you have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
4.11 The information contained on the platform is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the platform or nutrition professionals employed by or contracting with MFW Enterprise for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
4.12 MFW Enterprise does not assume any responsibility for any injury or damage to any person arising out of or related to any use of recommendations given by our Nutritionist or for any error or omissions. All correspondence shall happen with MFW Enterprise and no individual associates of the firm.
5. USER OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
5.1 You hereby certify that you are a person of at least 18 years of age. Where a minor may access or use the platform or any services through the platform, you will ensure that such access or use happens through your account and under your personal supervision. Further, you accept to be accountable and liable for the activity of the minor on the platform, including in respect of the services availed on the application;
5.2 You agree to comply with all local laws and regulations governing the use of the platform or services availed through it, including, within gout limitation, any usage rules set forth in this Agreement;
5.3 All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
5.4 You will use the application solely for Your personal and non-commercial use. Any of use of the platform or its content or services other than for personal purposes is strictly prohibited; you undertake not to:
A. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the platform is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
B. Access (or attempt to access) the platform and/or the materials or Services by any means other than through the interface that is provided by the platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the platform is prohibited;
C. Use the platform in any manner that may impair, overburden, damage, disable or otherwise compromise MFW Enterprise services;
D. Use the User information made available through MFW Enterprise to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
E. Use the User information made available through MFW Enterprise to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
F. Engage in any activity that interferes with or disrupts access to the platform or the Services (or the servers and networks that are connected to the platform);
G. Probe, scan or test the vulnerability of the platform or any network connected to the platform, nor breach the security or authentication measures on the platform or any network connected to the platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the platform, or exploit the platform or Service or information made available or offered by or through the platform, in any way whether or not the the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the platform;
H. Disrupt or interfere with the security of, or otherwise cause harm to, the platform, systems resources, servers or networks connected to or accessible through the platform or any affiliated or linked platforms;
I. Violate any applicable laws or regulations for the time being in force within or outside India;
J. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
7. INDEMNITY
7.1 You agree to indemnify, defend and hold harmless MFW Enterprise and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
7.2 In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
7.3 In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.
7.4 If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of MFW Enterprise shall be the minimum permitted under applicable law.
8. BILLING, PAYMENT AND REFUND POLICY
8.1 Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. MFW Enterprise may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
8.2 You must notify MFW Enterprise about any billing problems or discrepancies. If it is not brought to MFW Enterprise attention within 15 (fifteen) days, you agree to waive your right to dispute such problems or discrepancies.
8.3 The refunds may be granted under the following terms and conditions, which are subject to the sole discretion and satisfaction of the associates of the firm:
1. Eligibility for Refunds: Refund requests must comply with the terms outlined below and are subject to evaluation and approval by the firm’s associates.
2. Refund Tiers:
a. Within 15 Days:
o If a refund request is made within 15 days of the transaction date, and is approved by the firm’s associates, a full refund (100%) shall be granted.
b. Within 30 Days:
o If a refund request is made within 30 days of the transaction date, and is approved by the firm’s associates, a refund amounting to 50% of the original payment shall be granted.
c. Within 45 Days:
o If a refund request is made within 45 days of the transaction date, and is approved by the firm’s associates, a refund amounting to 25% of the original payment shall be granted.
3. Exclusion from Refunds:
o Refund requests made after 60 days from the transaction date shall not be entertained under any circumstances.
4. Firm's Discretion:
o The approval or rejection of any refund request remains subject to the firm’s associates’ satisfaction and evaluation of the circumstances surrounding the request.
8.4 In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated.
9. CONFIDENTIALITY AND SECURITY
9.1 All non-public information shared through the Platform must remain confidential and may only be used for authorized purposes. Disclosure to third parties is prohibited without prior written consent of MFW Enterprise, except as required by law. Confidentiality obligations do not apply to information that is:
1. Publicly available,
2. Already known without any obligation of confidentiality, or
3. Independently developed without reference to confidential information.
9.2 We have implemented commercially reasonable technical and organisational measures to secure your personal information and User Content from accidental loss, unauthorised access, use, alteration, or disclosure. However, we cannot guarantee absolute security, and unauthorised third parties may still bypass these measures for improper purposes. By using the Platform, you acknowledge and accept these risks.
9.3 These confidentiality obligations will survive the termination or expiration of this Agreement. By accessing or using the Platform, you agree to comply with these confidentiality requirements. Non-compliance may result in legal action and termination of your access to the Platform and its services.
10. NOTICE OF TERMINATION
A. This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us through MFW Enterprise that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to MFW Enterprise.
B. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the services already availed from the platform or affect any liability that may have arisen under the User Agreement.
11. VIOLATION OF THE TERMS OF USE
A. You acknowledge that any breach of these Terms of Use by you will be considered an unlawful and unfair business practice that may cause significant and irreparable harm to MFW Enterprise.
B. This harm cannot be adequately addressed by monetary compensation alone. Consequently, you agree that MFW Enterprise is entitled to seek injunctive or equitable relief, as they deem necessary or appropriate, in response to such violations. These remedies are in addition to any other legal or equitable remedies available to MFW Enterprise.
C. Furthermore, if MFW Enterprise initiates legal proceedings against you due to your breach of these Terms of Use, they are entitled to recover all reasonable attorneys’ fees and associated legal costs from you, in addition to any other relief awarded by the court.
12. GOVERNING LAW
A. This Agreement, including all disputes and claims arising from or related to your visit to, use of the Platform, or access to its services, shall be governed and construed in strict accordance with the laws of India, without regard to its conflict of law principles.
B. You expressly agree that the courts located in Delhi shall have exclusive jurisdiction to adjudicate any disputes, claims, or legal actions arising out of or in connection with this Agreement, the Platform, or the services provided therein. You waive any objections based on venue or jurisdiction, and you consent to the personal jurisdiction of these courts for such purposes.
C. By agreeing to these Terms, you acknowledge that any claim, litigation, or legal proceeding arising from your use of the Platform or services will be initiated and resolved solely within the jurisdiction of Delhi, and you will comply with all applicable laws and legal requirements therein.
D. If any provision of this section is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of this section shall remain enforceable to the fullest extent permitted by applicable law.
13. PRIVACY POLICY
A. We at MFW Enterprise know that you as a user (‘You', ‘Your’, ‘User(s)’) care about how your personal information is used and shared, we take your privacy seriously. Please read the following or learn more about our privacy policy. By visiting or using our website and domain name, and any other linked pages, features, content, mobile applications, or any other services we offer from time to time by in connection therewith, or by using Services/Products (as defined in our Terms of use) in any manner, you acknowledge that you accept, and are subject to, the practices and policies outlined in this privacy policy.
B. This Privacy Policy is published in compliance with inter alia:
• Section 43A of the Information Technology Act, 2000;
• Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
• Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
C. We may occasionally make changes to the Policy. If we do, please make sure to read such notices carefully. We hold the sincere belief that you should always know what data we collect from you, the purposes for which such data is used, and that you should have the ability to make informed decisions about what data you want to share with us.
D. We are committed to maintaining full transparency in our practices, specifically in terms of: (i) how we collect, store, share, and utilize your data when you engage with us across various platforms and services, and (ii) the rights you hold to manage and control how we interact with your data.
E. While we strongly encourage you to read the entire Privacy Policy to understand the details, we have provided the following summary to give you a comprehensive overview of the key aspects and important information discussed within the Policy. This summary is intended to offer clarity on the main points while ensuring that you are fully informed of your rights and our practices regarding your data.
13.1 What does this Policy cover?
A. This Policy details the critical aspects governing your personal data relationship with MFW Enterprise.
B. This privacy policy deals with our treatment of personally identifiable information (‘personal information’) that we gather when you are availing or using our platform for availing third party Products and Services.
C. Your personal data relationship with MFW Enterprise varies based on the capacity in which you interact with us/avail our products and services. You could be: i) a visitor to Website or any pages thereof; or (ii) a person who has an account with MFW Enterprise to avail our Services (“Registered User”).
D. Based on whether you are a Visitor or a Registered User, the type of data we collect and the purpose for which we use it will differ and this policy details such variations.
E. This Policy applies to all the Services provided by MFW Enterprise through the Website or any other associated platform of MFW Enterprise.
F. This Policy is a part of and should be read in conjunction with our Terms of Use; and
G. This Policy will clarify the rights available to vis-à-vis the personal data you share with us.
H. By visiting our Platform, purchasing Products and Services via the Platform, or subscribing for, or availing of Services you consent to the collection, use, sharing, disclosure and processing of Your personal information by Diverse and each of the sellers/service providers on the Platform in accordance with the terms of this Privacy Policy or as otherwise required by, or permitted under, applicable law.
I. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Products or Services. If you are under 18, please do not attempt to register for the Products or Services or send any information about yourself to us. No one under age of 18 may provide any personal information to us. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.
J. If you have any queries or concerns with this Policy, please contact our Grievance Officer. If you do not agree with the Policy, we would advise you to not visit/use the Website.
13.2 What information do we collect?
We receive and store any information you knowingly provide to us, including:
A. personal information collected at the time of your registration on the Platform, including your name, username, email address, gender, birth date, height, and location;
B. personal information and SPDI (where necessary) collected for provision of the Services on the Mobile App/website, including your nutrition data, dietary and lifestyle information, information related to height, weight and body measurements, passwords, workout related data, physical activity, photographs, biometric information, genetic information, information, race and ethnicity-related information, family-related information (to the extent necessary for effective provision of Services), sleep habits; and other sleep, activity, or health-related information and insights for our Services and Products;
C. bank details for payment processing;
D. details about your health, mental wellbeing, disabilities or other health related information such as vaccination status, past and present medical information , all collected for the safety of our other users and premises that they access, the discharge our duties as an employer, or to provide certain benefits;
E. The information collected from you as set-out above constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.
F. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Products. We may anonymise your personal information so that you cannot be individually identified, and provide that information to our partners.
G. Whenever you interact with our Platform, we automatically receive and record information on our server logs from your browser including your IP address, 'cookie' information, and the page you requested.
H. 'Cookies' are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Mobile App are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of our Platforms best features.
I. When we collect usage information (such as the numbers and frequency of visitors to the Platform), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Platform, so that we can make the Platform appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Platform, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
J. If you are using our Products and Services, you understand and acknowledge that, any information, data or readings from the Product and Services, or collected from Your use thereof, will be automatically uploaded to your account with us. To the extent these automatically collected readings can be used to personally identify you, these readings are personal information for the purposes of this privacy policy.
13.3 Purpose and Use of information
We, our affiliates and/or the sellers or service providers on the Platform may access and use your Personal Information and SPDI for the following purposes:
1. Provision of the Products and Services on the Platform including optimising, or further developing/improving operation of the Platform or providing better user experience;
2. To contact you in relation to Products and Service offerings on the Platform, including pursuant to current or future collaborations with third party service providers;
3. General business and operating purposes, such as the administration, management and operation of the business, including client/user interaction, responding to requests, customising and improving our Services;
4. For payment, billing and invoicing related purposes;
5. To generate aggregated data to prepare insights (not being SPDI) to enable us to understand patterns and trends with a view to learn more about your preferences or other characteristics;
6. Compliance with our obligations under applicable laws and other regulations, including to protect against and prevent fraud and other legal or information security risks; and
7. To serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorised or for any other lawful purpose.
13.4 Information stored on cookies
1. The cookie information stored on the User's hard drive is: (i) User segment hits or information on a specific product, service, brand or model in which the User has shown interest during its visit to a certain website and (ii) time and date stamp of the latest update of the User profile.
2. If the cookie is deleted by the User, all profile data is removed. For the sake of clarity, no segments relating to information which we consider sensitive have been or will be created, such as segments relating to political opinions, religious beliefs, physical or mental health conditions or sexual life. Further, we are very sensitive to the issue of children's privacy and marketing directed to children. No segments are intended to be established for the profiling of children.
13.5 Published Content
Any success stories, comments, messages, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of the Website/App becomes published content. We may publish such published content on our Website/App so long as you consent. You may request that such published content be taken down at any time and we shall remove such published content. However, we are not responsible for any actions taken by third-parties with respect to such published content.
13.6 Email and other communications
We may contact you, by email or other means; for example, we, or persons we share your Personal Information with may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Mobile App or the Product. Also, we may receive confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by emailing us at [email protected] or contacting our Grievance Officer.
13.7 Will we share any of the personal information we receive?
1We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below. In terms of the Diverse Services, we shall share the information collected from You with only such third parties in relation to whom you provide express consent.
A. Affiliated businesses and third-party websites we do not control: In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Platform (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service.
B. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide Products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
C. Any content or personal information that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.
D. We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.
E. We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and other these terms and conditions; or protect the rights, property, or safety of MFW Enterprise , our employees, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
F. We may offer certain programs, benefits and offers provided by our affiliates, partners or third parties, which are complementary to our products or services or otherwise offer you a continuum of service offerings similar to the services or products offered on the Platform.
G. Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.
13.8 Transfer of SPDI outside India
A. Subject to applicable law, we may at our sole discretion, transfer personal information and/or SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.
B. In the ordinary course of business, we may employ other companies and people to assist us in providing certain components of our Services in compliance with the provisions of this Policy. To do so, we may need to share your data with them.
C. By using the Services and Products, you accept the terms hereof and hereby consent to the storage and processing of personal information and SPDI by third parties and in any location within or outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords the same level of data protection as would be afforded under Indian law.
D. By continuing to use the Services and the Products, you provide your consent for transfer, sharing and disclosure of personal information or SPDI by us in accordance with this Privacy Policy.
13.9 Passwords and Security of your personal information
A. Your account is protected by a password for your privacy and security. You need to prevent unauthorised access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device. Your password is your first line of defence once you set up an account, we recommend that you set a strong password which you never share with anyone.
B. We implement industry-standard technical and organisational measures by using a variety of security technologies and procedures to help protect your data from unauthorised access, use, loss, destruction or disclosure. When we collect particularly sensitive data (such as a credit card number or your geo-location), it is encrypted using industry-standard cryptographic techniques and browser by signing off after you have finished accessing your account.
C. The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.
D. We will put in place measures to ensure that Your information in our possession or under our control is destroyed and/or anonymized reasonable after:
i. The purposes for which Your information was collected is no longer being served by the retention of such information; and
ii. Retention is no longer necessary under any applicable law. Your data may be anonymized, de-identified and/or aggregated, and the resulting data may be held by us, our affiliates, service providers and sellers on the Platform, associates, agents, representatives, and other authorized third parties, for as long as necessary for us to provide the services effectively or for other purposes.
E. We endeavor to protect the privacy of your account and other personal information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
F. The Platform may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site's privacy policy.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mobile App or otherwise is at your own risk.
G. Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:
i) name and password
ii) email address
iii) user profile information, including your height, weight, and location
H. The information you can view and update may change as the Platform changes. Please note that any information that is automatically uploaded from a Product to the Mobile App, or collected otherwise from You by us, cannot be later changed or updated. We store Your personal information (including SPDI) until You require and inform us to delete the same.
I. We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of personal data for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.
13.10 Retention of Personal Information
A. We will store any personal data we collect from you as long as it is necessary in order to facilitate your use of the Services and for ancillary legitimate and essential business purposes – these include, without limitation, for improving our Services, attending to technical issues, and dealing with disputes.
B. Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic interactions with our customer representatives, the call data is recorded and stored for training and quality purposes.
C. We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our legal obligations, resolve disputes and enforce our agreements.
D. If you are a Registered User, please be advised that after you terminate your usage of a Service, we may, unless legally prohibited, delete all data provided or collected by you from our servers.
13.11 Compelled Disclosure
In addition to the purposes set out in the Policy, we may disclose any data we collected or processed from you if it is required:
A. Under applicable law or to respond to a legal process, such as a search warrant, court order, or subpoena;
B. To protect our safety, your safety or the safety of others or in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm;
C. To investigate fraud, credit risk or violation of our Acceptable Use Policy;
D. In connection with legal proceedings brought against HealthifyMe, its officers, employees, affiliates, customers or vendors;
E. To establish, exercise, protect, defend and enforce our legal rights; or
F. When we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or reorganisation, we may have to share information provided by you with the other business entities.
13.12 Third Party Links
A. We may display links to third-party websites or applications on our Platform for advertising or providing you with relevant content. We will not be responsible for such third-party websites or applications if you choose to access them. If you provide any data to such a platform, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.
B. We may receive data whenever you visit a third-party link through our Website/App which includes the date and time of your visit to the third-party website, the web address or URL, technical information about the IP address, browser and the operating system you use and, if you are logged into MFW Enterprise.
13.13 Grievance Redressal
We will redress your grievances and concerns surrounding usage of Services or Products through Mobile App within specified timelines as per applicable law. If you have any questions about viewing or updating information we have on file about you, or if you wish to raise any complaint/grievances, or object/withdraw your consents, please contact us at [email protected] or reach out to our Grievance Officer, appointed in accordance with the Information Technology Act, 2000 and the SPDI Rules, whose contact information is detailed below:
● Email: [email protected]
Please provide us with a detailed description of the complaint/grievance, and we will endeavor to resolve Your grievances within such time frame stipulated under applicable laws.
13.14 Choices with regards to your data
A. You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features / Services.
B. We will retain Your personal information for a reasonable period or as long as the law requires. If you’d like us to delete/modify Information that you have provided via the Mobile App or otherwise to us, please contact us at [email protected] or contact our Grievance Officer and we will respond in a reasonable time.
C. Please note that some or all of the Information provided by You to us may be required for the Platform to function properly.
D. You may be able to add, update, or delete information as explained in the section above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after you delete such information from your account. We may use (or transfer to our affiliates, group entities or authorized third parties) any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.
E. If you do not wish to receive email or other mail from us, please email us at: [email protected] or contact our Grievance Officer. Please note that if you do not want to receive legal notices from us, such as this privacy policy, those legal notices will still govern your use of the Platform and the Services, and you are responsible for reviewing such legal notices for changes.
F. If you wish to opt-out of any services, offers, benefits, etc. offered by us or sellers on the Platform or their group entities or third-party business alliance partners, you may do so in accordance with the terms specified to You by such affiliate/group entity.
G. You are requested to carefully track notices sent to you, from time to time. To the extent that you do not expressly choose to opt-out of services, they may be provided to you on the basis that you have opted into them.