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The following are the terms of service (“TOS”) governing the use of Sympatica’s Platform and Services. The TOS may be updated from time to time without notice to you, and the TOS, asamended, shall apply to you. You can always review the most recent version of the TOS on the Website and App. Please read the TOS carefully before accessing the Platform or using the Services.
You must accept the TOS to access or use the Services. If you do not accept the TOS, you may not access the Platform or use the Services.

1. GENERAL
  • a.www.sympatica.health (the “Website”) and the “Sympatica” (“App”) (the Website and App are collectively referred to as the “Platform”) are owned and operated by Sympatica Pvt. Ltd. (“Sympatica”), a private company with its registered office at #505/1, 3 rd Floor, 1 st A cross, off CMH road, Indiranagar, Bangalore-560038.
  • b. Sympatica offers you, a legal person (“User” or “you”), access to the Platform, assistance with managing and implementing dietary and nutritional changes to support healthy lifestyles through the Platform, and products that help you monitor your lifestyle trends (“Products”) (collectively, these are referred to as “Services”).
  • c. You are aware and expressly consent to be subject to the rules, guidelines, policies, terms, and conditions contained in the privacy policy available at www.sympatica.health (“Privacy Policy”) as supplemented, revised and/or amended from time to time, with or without notice to you. The terms of the Privacy Policy are hereby incorporated into the TOS, and you expressly and unconditionally agree to be bound by the same.
  • d. A person who is not competent to contract (a minor, a person of unsound mind, etc.) may not use the Platform or Services.
  • e. Sympatica reserves the right at any time to modify the TOS and to include additional terms or conditions on your use of the Platform. Any modifications and additional terms and conditions will be incorporated in the TOS, communicated to you, and the updated TOS will be applicable to you with immediate effect. In the event you refuse to accept such changes, you may not access the Platform or the Services.
  • f. Sympatica’s failure to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision.
  • g. If any provision of the TOS shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or part shall to that extent be deemed not to form part of the TOS but the legality, validity or enforceability of the remainder of the TOS shall not be affected.
  • h. Sympatica grants you a revocable, non-exclusive, non-transferable, limited licence to use the Platform for your personal purposes only. This licence is restricted to use by you and does not include any right of assignment or sub-licence or any other rights not expressly granted by the TOS.
2. SIGNING UP ON THE PLATFORM
  • a. To avail the Services, you are required to create an account on the Platform and fill out an eligibility questionnaire. Users are to fill in information that will enable Sympatica to provide Products and Services in an efficient and effective manner. The information requested by Sympatica may include, but is not limited to, your name, date of birth, name and details of the doctor you currently consult, types of ailments you suffer from, and details pertaining to prescribed medicines and dosages . All information collected on the Platform will be processed and treated in accordance with Sympatica’s Privacy Policy.
  • b. Subject to the type of Service opted for, Users will have to pay the applicable fees prior to their use of the Services on the Platform. The User acknowledges that their access to the Platform and their use of the Product will be limited or suspended until Sympatica receives the fees for the same.
  • c. Users can transact only via a current, valid, and accepted mode of payment (“Payment Method”) to avail the Services. The User hereby authorises the Company to charge the chosen Payment Method for any payments that may be initiated to avail the Services.
  • d. The Company may use a third-party payment processor (“Payment Processor”) to bill Users through their selected Payment Method. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to this TOS. Sympatica shall not liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money debited shall be credited in accordance with the terms of the Payment Processor.
3. ACCOUNT
  • a. Once Users have successfully signed up on the Platform, they will be assigned accounts on the Platforms (“User Accounts”).
  • b. Users are responsible for maintaining the confidentiality of their username and password and are solely responsible for all activities that occur on their User Accounts. The User agrees to immediately notify Sympatica of any disclosure or unauthorised use of the their User Account, or any other breach of security with respect to their User Account. The User expressly agrees and consents to be liable and accountable for all activities that take place through their User Account.
  • c. Users can transact only via a current, valid, and accepted mode of payment (“Payment Method”) to avail the Services. The User hereby authorises the Company to charge the chosen Payment Method for any payments that may be initiated to avail the Services.
  • d. The Company may use a third-party payment processor (“Payment Processor”) to bill Users through their selected Payment Method. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to this TOS. Sympatica shall not liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money debited shall be credited in accordance with the terms of the Payment Processor.
4. SERVICES
  • a. Sympatica provides Users with Products and Services to assist them with the management of and monitoring their health and implement nutritional changes for a healthy lifestyle.
  • b. Depending on the Services a User wishes to avail, she/he may choose different types of “Programmes”, a list of which is available at www.sympatica.health.
  • c. Products. Depending on the type of programme a User chooses, the User may receive Products from Sympatica that provide assistance with monitoring lifestyle trends. Users are to follow the instruction manuals and other documents that accompany the Products, and seek training and assistance from certified experts on use of these Products.
  • d. Health Mentors. Sympatica offers Users the option to interact with dieticians and nutritional experts (“Health Mentors”) on the Platform. Health Mentors offer nutritional assistance to Users to implement diet-based changes to their lifestyle. The User understands that:
  • the degree of benefits obtainable from Health Mentors may vary between clients with similar health problems despite following a similar health routine;
  • any nutritional advice given by a Health Mentor will be tailored to support health conditions and/or health concerns identified based on the Health Mentors discussions with the User;
  • Any advice by a Health Mentor is not to be construed as a substitute for professional medical advice and/or treatment;
  • A Health Mentor may recommend food supplements and/or functional testing as part of the User’s Nutritional Therapy programme.
5. USER CONTENT
  • a. Sympatica may enable you to post, upload, share, send, or display photographs, images, videos, recipes, music, information, and other content (“User Content”) on the Platform. By making User Content available on the Platform, the User grants Sympatica a non-exclusive, sub-licensable, worldwide, royalty-free, and transferable licence to use, copy, modify, translate, adapt, display, perform, reproduce, create derivative works from, and distribute the User Content, in whole or in part, in any manner. Sympatica reserves the sole right to remove any User Content on the Platform and prevent Users from uploading or sharing User Content on the Platform.
  • b. The User is responsible for the User Content. The User represents and warrants that they own the User Content and they have all rights necessary to grant Sympatica a licence as described in these TOS. The User further represents and warrants that their User Content does not, and shall not, infringe on any third party rights or violates or may violate any applicable law. The User further acknowledges that all User Content will be subject to Sympatica’s Zero Tolerance Policy, more fully described below.
6. CONTENT ON THE PLATFORM AND THIRD PARTY CONTENT
  • a. Information accessed on or through the Platform and Services is solely for informational and educational purposes. Sympatica makes reasonable efforts to maintain current information but it cannot guarantee that the content is complete or up-to-date.
  • b. Sympatica may provide access to third party content, technology, or services (“Third Party Content”). All intellectual property rights in and to Third Party Content are the property of the respective third parties. Third Party Content is the responsibility of the third party that created or provided it and Sympatica excludes all warranties and liability pertaining to such Third Party Content. Users acknowledge and understand that access to Third Party Content on the Platform does not imply Sympatica’s endorsement of such Third Party Content.
7. RESTRICTIONS ON THE PLATFORM

The User shall not use the Platform, Services, or Products in any manner except as expressly permitted in this TOS. Without limiting the generality of the preceding sentence, Users shall not:

  • a. use any robot, spider, other automated device, or manual process to monitor or copy any Third Party Content from the Platform other than copying or exporting as permitted by the TOS;
  • b. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any third party;
  • c. modify, reverse engineer or prepare derivative works of all or any portion of the Platform or the Services for any purpose;
  • d. re-license or sub-license the Platform;
  • e. use the Platform, Services, or Products in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these TOS.
8. ZERO TOLERANCE POLICY

Users shall not engage in conduct on or in connection with this Platform that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. Sympatica reserves the sole right to terminate or suspend access of any User who infringes Sympatica’s Zero Tolerance Policy under this Section to the Platform and Services.

9. OWNERSHIP OF THE PLATFORM
  • a. The User is aware that Sympatica owns and retains all proprietary rights in the Platform, and in all proprietary content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of Sympatica and/or its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  • b. The licence granted to the User under the TOS is non-transferable and is not sub- licensable. Impelsys retains all right, title and interest in and to the Platform and any derivative works thereof. No licence or right is hereby granted by implication.
  • c. Except for the licence granted to the User under the TOS, the TOS does not transfer any Sympatica or third party intellectual property to the User, and all right, title and interest in and to such property, including, without limitation, the Platform, will remain solely with Sympatica. The Impelsys trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with Sympatica or the Platform are trademarks or registered trademarks of Sympatica or Sympatica’s licensors. Othertrademarks, service marks, graphics and logos used in connection with the Platform or Content may be the trademarks of other third parties. Use of the Platform does not grant the User any right or licence to reproduce or otherwise use any Imeplsys or third- party trademarks.
10. TERM AND TERMINATION
  • a. The term of the TOS shall commence on a User’s successful payment of fees and subsequent registration on the Platform, and will terminate on the expiry of the Programme, unless terminated earlier in accordance with the TOS.
  • b. Sympatica reserves the sole right to immediately terminate a User’s access to the Platform and Services in the case of:
  • a breach by the User of any term of the TOS
  • If the User has provided wrong, inaccurate, incomplete or incorrect information
  • If the User’s actions may cause any harm, damage or loss to the other users or to
  • Sympatica, as determined by the Sympatica in its sole discretion.
11. DISCLAIMERS
  • a. Neither the Platform nor the Services provides medical or health care advice, diagnosis or treatment. User should seek and rely on the advice of their doctor or other qualified medical or healthcare professional with any questions, symptoms, ailments, or uses they may have regarding a medical condition or any diet, fitness, disease management or wellness programme. Users should consult their doctors or other qualified medical or healthcare professionals before commencing with a fitness programme or changing their diet. User should never disregard professional medical advice or delay in seeking it because of information they have received, read, or accessed on or through the Services. Failure to comply with professional medical advice may be injurious, life- threatening, or result in death.
  • b. The User acknowledges and agrees that Sympatica, its affiliates, and / or third parties shall not be responsible for, and shall not be deemed to have any liability, directly or indirectly, for any loss or damage that occurs as a result of or allegedly as the result of (i) any incorrectness or inaccuracy of any information available on the Platform or through the Services; or (ii) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, or unauthorised access to, any User Account or User communications.
  • c. The User is aware and acknowledges that to the maximum extent allowed by applicable laws, Sympatica grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to both, the Platform and Services, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Sympatica does not represent or warrant that the Services or Products will be uninterrupted, error free, secure, or that any defects or errors in the Services, Products, or Platform will be corrected.
  • d. The User is further aware and acknowledges that any material downloaded or otherwise obtained through the use of the Platform or Services are accessed by the User at their own discretion and risk, and the User will be solely responsible for, and does hereby waive any and all claims and causes of action with respect to, any damage to the User that results or may result from the use of the Platform or availing of the Services. If the User does not accept this disclaimer and the limitation on liability, the User is not authorised to avail themselves of the Services, or to access the Platform.
  • e. The User agrees and undertakes that they are accessing the Platform at their sole risk and that they are using their best and prudent judgment before acting pursuant to the information contained on the Platform or communicated through the Services. Sympatica accepts no liability for any errors or omissions, whether on behalf of itself, its users, or third parties, or for any damage caused to the User or any third party, resulting from the use or misuse by the User of any information accessed on the Platform or through the Services, or actions and / or inactions made pursuant thereto.
  • f. The User hereby accepts full responsibility for any consequences that may arise from the User’s use of the Platform and Services, and expressly agrees and acknowledges that Sympatica shall have absolutely no liability with respect to the same.
  • g. The User agrees that it shall be solely responsible to inform Health Mentors:
    • of any medical diagnosis, medication, herbal medicine, or food supplements, that she/he is consuming as it may affect the Health Mentors advice to her/him
    • if she/he is receiving treatment from other general practitioners, or any other health advisors (“Consultants”), of any nutritional strategy provided by such Consultants.
  • h. The User hereby expressly authorises Sympatica to disclose any and all information relating to the User in the possession of Sympatica to law enforcement or other government officials, as Sympatica may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes. The User further understands that Sympatica might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.
12. LIMITATION OF LIABILITY

To the extent permitted by law, the User agrees that in no event shall Sympatica or its employees, agents, dealers, affiliates, or licensors be responsible to the User or any other party for any damage, lost profits, lost savings or other direct, indirect, special, incidental or consequential damages arising out of the use or inability to use the Platform or Sympatica even if Sympatica or one of its employees, agents, dealers, affiliates, or licensors has been advised of the possibility of such damages or of any claim by any other party.

13. INDEMNITY

The User agrees to indemnify and hold harmless Sympatica, its affiliates, its licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of the negligent or unlawful use of the Platform, or Services a breach of any provision of these TOS by the User, any third-party claim to the extent arising from or connected with an allegation that the User’s use of the Platform or Services in accordance with these TOS infringes the intellectual property rights of a third party.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These TOS shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions hereof, the courts in Bangalore, Karnataka shall have exclusive jurisdiction. Any controversies, conflicts, disputes and/or differences between the User and/or any third party and Sympatica shall be resolved by arbitration in Bangalore in accordance with the Indian Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this section. The tribunal shall consist of 1 (One) arbitrator appointed by Sympatica. The language of the arbitration shall be English.

15. COMMUNICATION

The User is aware that while the primary mode of communication between the Parties shall be through the Platform, notwithstanding anything contained herein, the User may be contacted by the Company or any of its affiliates by any alternative means of communication, including without limitation the User’s mobile phone and email address, and the User hereby consents to the same. Unless specifically agreed otherwise, this TOS will apply to any such communication.

16. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Sympatica by contacting it at:

Vivek Ravindran Director SYMPATICA PVT. LTD #505/1, 3 rd floor, 1 st A cross, off CMH road, Indiranagar, Bangalore-560038 contact@sympatica.health