Website Terms of Use

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Welcome to UEERI (Universal Eternal Energy Research Initiative) a flagship brand of M/s Devaprasanth Eternity Private Limited. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform through UEERI Website – [https://ueeri.com/] (hereinafter referred to as "Website"),our related Website, Application, Services, Products and content (together with the Mobile Application and Website, collectively referred to as “Services”) and membership to UEERI GLOBAL COMMUNITY.

AGREEMENT TO TERMS

1. User Agreement

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and Devaprasanth Eternity Private Limited (“UEERI”, “Company”, “we,” “us” or “our”), concerning your access to and use of the Website and Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). UEERI may have Subsidiaries, Consultants, Specialist Doctors, Fitness Coaches, Dietitians, Channel Partners, C&F, Stockists, Associates, Franchises, Experience Centres and Affiliated Legal Entities across the globe ("UEERI TEAM"), providing the Services to you on behalf of UEERI. You acknowledge and agree that the any member of UEERI Team will be entitled to provide the Services to you under the terms of this Terms of Use. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.

2.  Changes to Terms & Conditions

Your use of this Web Site will indicate your acceptance of these Terms of Use, as amended from time to time, as well as the Privacy Policy, which is hereby incorporated into Privacy Policy segment of this Website. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website/Mobile Application or using any of the Services after the date such revised Terms and Conditions become effective. 

The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.

3. Eligibility

You must be at least 18 to enroll under UEERI GLOBAL COMMUNITY. If you are between the ages of 10-18, you may avail the service that we offer only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Paid Services, provide any Personal Data to UEERI, or otherwise submit Personal Data through the Website or Mobile Application (e.g., a name, address, telephone number, or email address) with the supervision and consent of a parent or guardian.

4.  Other Applicable Terms

The Terms of Use refer to the following additional terms and policies, which also apply to your use of the Site:

(a) Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

(b) Our Cookie Policy, which sets out information about the cookies on our Site.

(c) Our User License to various Apps and client agreement which sets out the terms under which you enroll to UEERI's Program / Products / Services / Tests / Counseling.

In the event of any inconsistency between any of these terms, they are to be read with the following clauses taking priority in order: the User License, the Terms of Use, the Privacy Policy, and the Cookie Policy.

5.  Health Disclaimer

In consideration of being allowed to participate in the UEERI's Program or using UEERI's Products / Services / Tests and to use its structured counseling, recommendation, diet plan and fitness training schedule, in addition to the payment of any fee or charge, 

5.1 you do hereby waive, release and forever discharge and hold harmless UEERI and its associates, dealers, retailers, stockist, C&F agents, coaches, consultants, dietitians, officers, agents, experience centres and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any structured diet or training programs. 

5.2 you understand and you are aware that strength, flexibility, and aerobic exercise involve a risk of serious injury and even death due to various factors, and that you are voluntarily participating in these activities with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury due to fitness training activities.

5.3 In addition, You certify that you are 18 years of age or older. 

5.4 You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery during fitness training.

5.5 You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to UEERI, before beginning any Diet plans, physical activities or any other plans that may be referenced, discussed or offered under the Services. 

5.6 You do hereby acknowledge that UEERI has recommended to you to obtain a check-up report and  physician’s approval for your participation in UEERI's Program or using UEERI's Products / Services / Tests / Counseling. You also acknowledge that UEERI has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment.

WE (UEERI TEAM) DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.

5.7 The diet Consultation/training programs and diet and fitness plan provided by the coaches/training specialists and available on UEERI TEAM are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new diet and/or training plan. You understand ad agree that by participating in UEERI's Program or using UEERI's Products / Services / Tests / Counseling you understand that not following the instructions and structured diet plans, programs entirely and regularly will not produce 100% results.

6. Intellectual Property Rights

The Website/Mobile Application is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database on the Website/Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions.

6.1 Except as expressly provided in these Terms and Conditions, no part of the Website/Mobile Application and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission. 

6.2 No data from the Website may be reproduced or stored in any other storage device or website or included in any public or private electronic retrieval system without our prior written permission.

6.3 You are granted a limited license to access and use the Website/Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal fitness and are for non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Mobile Application, the Content and the Marks.

6.4 Our associates and other third parties shall own proprietary rights in the Content which they make available on our Website and Mobile Apps. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

7.  Trademarks

“Universal Eternal Energy Research Initiative” "UEERI" and the UEERI logo are UEERI’s trademarks and may not be used without prior written permission from UEERI.

8.  User Data

8.1 Visiting the Website/Mobile Application, sending and receiving emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website/Mobile Application, satisfy any legal requirement that such communication be in writing.

8.2 We will maintain certain data that you transmit to the Website/Mobile Application for the purpose of managing the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

9.  User Representations

By using the Website/Mobile Application, you represent and warrant that

9.1 All registration information you submit will be true, accurate, current, and complete.

9.2 you will maintain the accuracy of such information and promptly update such registration information as necessary;

9.3 you have the legal capacity and you agree to comply with these Terms and Conditions;

9.4 you are not a minor in the jurisdiction in which you reside;

9.5 you will not access the Website/Mobile Application through automated or non-human means, whether through a bot, script or otherwise;

9.6 you will not use the Website/Mobile Application for any illegal or unauthorized purpose; and

9.7 your use of the Website/Mobile Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof).

10.  Viruses

10.1 We do not guarantee that the Site will be secure or free from malware, viruses, worms, or like software that may damage your computer systems. You should use your own protection software in respect of the same.

10.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Site.

11.  User Registration

11.1 You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

11.2 You may avail the services under UEERI GLOBAL COMMUNITY upon successful registration and creation of an Account on the recommended App or Website. You are bound by these terms and conditions of the UEERI GLOBAL COMMUNITY and each App you will be using during the program.

11.3 By signing up with UEERI GLOBAL COMMUNITY, you agree that you have read and understood the Terms and Conditions that govern the UEERI GLOBAL COMMUNITY, and give consent to UEERI to contact you for events, promotions, product and service information.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UEERI SHALL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE BY YOU

12.  Third Party Links and Resources In The Site

12.1 Where the Site contains links to other Site and resources provided by third parties, these links are provided for information only.

12.2 We have no control over the contents of those Site or resources, and save as expressly set out, take no responsibility for their content.

If you decide to leave the Website/Mobile Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website/Mobile Application or relating to any applications you use or install from the Website/Mobile Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that UEERI do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13.  Website / Mobile Application Management

We reserve the right, but not the obligation, to:

13.1 monitor the Website/Mobile Application for violations of these Terms and Conditions;

13.2 take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

13.3 in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

13.4 in our sole discretion and without limitation, notice, or liability, to remove from the Website/Mobile Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

13.5 otherwise manage the Website/Mobile Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website/Mobile Application.

14. Limitation Of Liability

14.1 It is agreed and acknowledged by you that:

(a) the content provided on the Site is intended as general information only;

(b) the Site has not been developed to meet your individual requirements;

(c) the Site does not provide legal or other professional advice on which you may rely;

(d) the Site may from time to time be wholly or partially unavailable, inaccessible, or subject to interruption, and we do not guarantee their availability.

14.2 Nothing in the Terms of Use will limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be lawfully excluded or limited by English law.

14.3 Except as expressly stated in the Terms of Use, there are no other conditions, warranties, representations or terms, express or implied, which are binding on us. 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14.4 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, associates, and all of our respective officers, agents, partners, stockist, C&F, experience centres and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(a) your Contributions;

(b) use of the Website/Mobile Application;

(c) breach of these Terms and Conditions;

(d) any breach of your representations and warranties set forth in these Terms and Conditions; 

(e) your violation of the rights of a third party, including but not limited to intellectual property rights; or

(f) any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Applicable Law ad Dispute Resolution

15.1 The Terms of Use, their subject matter and its formation (and any non-contractual disputes or claims), are governed by Laws of India. If any dispute, controversy or claim arises under this Agreement or in relation to any Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. Any dispute arising out of this Offer shall be subject to the exclusive jurisdiction of competent courts in Ernakulam, Kerala.

15.2 If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.

16. Disclaimer

THE WEBSITE/MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APPLICATION, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. Miscellaneous

17.1 These Terms and Conditions and any policies or operating rules posted by UEERI on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and UEERI. 

17.2 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. 

17.3 These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. 

17.4 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

17.5 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

18.  Contact Us

In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at: mail@ueeri.com