Terms and Conditions
Last updated on May 26, 2024
The website Cysterly (hereinafter referred to as “Website” or “Site”), is owned by Cysterly Health.
For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a customer of Cysterly. The term “We”, “Us”, “Our” shall mean Cysterly. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and the Terms of Service. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and Cysterly.
By visiting the site or by buying any of Cysterly’s programs, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by Cysterly, including the Terms and Polices on the Website that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. By buying any of Cysterly’s program it is clear that you have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read the terms carefully.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to avail of our services following such change, it is deemed as consent by You to the so amended policies
Communication
By buying any of Cysterly’s programs, it is deemed that You have consented to receiving telephonic calls, SMSs, emails and/or other means of communication from us and other Users. Such communications shall be sent to You on the telephone number and/or email id provided by You which are subject to our Privacy Policy.
You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorise Us to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
Notwithstanding your registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), you hereby express your interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. You further confirm that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and you have specifically opted to receive communication in this regard on the telephone number provided by you, the user.
Disclaimers
The Services provided by Cysterly Health is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, Cysterly Health disclaims all liability arising out of the User’s use or reliance upon the Services, the Cysterly Health Content, representations and warranties made by Cysterly Health or any opinion or suggestion given or expressed by Cysterly Health or its contractors and agents.
By purchasing any of Cysterly’s programs You clearly understand and agree that Cysterly shall not be held responsible for any untoward health complication that may arise. You understand that Cysterly and it’s employees are not registered medical practitioners.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION SHARED BY CYSTERLY OR ANY OF ITS EMPLOYEES AND IT’S ASSOCIATES. CYSTERLY IS NOT MEANT TO BE A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU ARE FACING ANY MEDICAL DIFFICULTY, REACH OUT TO YOUR NEAREST REGISTERED MEDICAL PRACTITIONER.
Specifically, Cysterly Health disclaims any liability arising out of:
- Any pre-existing medical condition; or
- Any adverse drug reaction (due to any act or omission based on information found on the website, or otherwise); or
- Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
- Cysterly Health shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of Cysterly Health due to technical reasons or third party actions.
- You understand that there are inherent risks involved in receiving health and lifestyle services over a telephone/mobile/computer platform.
- Security protocols could fail, causing a breach of privacy of your confidential medical information.
- A lack of access to complete medical records provided by you may result in errors in judgment.
User may expect the anticipated benefits from the Services provided by Cysterly and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse
You understand and agree that Cysterly may use details provided by you for marketing activities without seeking explicit permission. This includes but is not limited to testimonials, progress updates, and photos you provide us.
By purchasing any program, you provide your full consent for Cysterly to utilize the information you provide, including messages, progress updates, photos, and any other relevant content, for marketing activities.
Cysterly reserves the right to use the provided information for marketing activities on various platforms, including but not limited to social media, the Cysterly website, email newsletters, and promotional materials.
Cysterly shall not be held liable for any issues that may arise from the use of your information for marketing purposes.
You may revoke your consent for the use of your information in marketing activities at any time by notifying Cysterly in writing. However, please note that revoking consent may not affect the legality of any marketing activities conducted prior to the revocation.
You agree to indemnify and hold harmless Cysterly, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in any way connected with the use of your information for marketing activities.
Limitation of Liability
To the fullest extent permitted by law, in no event will Cysterly Health or its contractors or agents or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on the Services, materials and functions related thereto whether or not Cysterly Health has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or not, including, but not limited to, negligence or otherwise) arising from the terms and conditions exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by Cysterly Health from the User in the past three months, whichever is lower.
Customer Obligation
You undertake to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are a woman of at least 18 years of age. Suitable legal course will be followed if these conditions are violated.
- You agree to comply with all local laws and regulations, including, without limitation, any usage rules set forth in this Agreement.
- Where a minor may access or use the Service, 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, including in respect of the Services availed from us.
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You will consume the services solely for Your personal and non-commercial use. Any use of this Cysterly’s resources and content other than for personal purposes is strictly prohibited.
You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from Cysterly. 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 is not permited.
- Use the information made available through Cysterly to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
- Use the information made available through Cysterly to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Cysterly’s services.
- Violate any applicable laws or regulations for the time being in force within or outside India.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Delivery
There are no physical delivery of items. All required information, content and services will be provided online only. It can happen over phone, email or through third party apps like Whatsapp, YouTube, Google Meet and Zoom.
Refunds, Cancellations and Disputes
No cancellations or refunds are permitted.
Content
All content provided by Us on the website or through any other medium is provided for informational purposes only and is not intended as medical advice or as a substitute for medical advice given by a physician or trained professional. All content is owned by Us and cannot be reproduced in any manner.
Website Terms
By purchasing any of Cysterly’s services, you hereby agree to be bound by the Terms and Conditions, Privacy Policy, and other Policies as set forth on the website www.cysterly.com. It is hereby further specified that all the Terms and Policies on the Website shall be coterminous to these terms.
Privacy Policy
Cysterly Health, the creator of this Privacy Policy ensures its commitment to Your privacy with regard to the protection of your information. In order to provide You with uninterrupted use of our services, We may collect and, in some circumstances, disclose information about you. Such information may be classified as personal information under the purview of Regulation 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Cysterly reserves the right to update these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on the Cysterly website.