Terms & Conditions

TERMS OF SERVICES

Please read these terms of service agreement carefully, as it contains important information regarding your legal rights and remedies.

END USER LICENCE AGREEMENT

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ABRAHAM HEALTH CARE (“COMPANY”). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE DIABETECURE APPLICATION (THE “APP”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.

1. OVERVIEW

This Terms of Service Agreement is entered into by and between Abraham Health Care, registered address ABRAHAM HEALTH CARE, 46/1A, 46/1B & 46/2B, Melamadai, Sivagangai Road,  Near Express Car Wash, Madurai – 625020, India and you, and is made effective as of the date of your use of this website http://www.diabetecure.in/

This agreement sets forth the general terms and conditions of your use of the http://www.diabetecure.in/ today as well as the products and/or services purchased or accessed through this site. Whether you are simply browsing or using this site or purchase services, your use of this site and your electronic acceptance of this agreement signifies that you have read, understand, acknowledge and agree to be bound by this agreement our privacy policy. The terms “we”, “us” or “our” shall refer to the company. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this agreement, uses our site, has access or uses the services. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolute discretion, change or modify this agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site. Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised.

If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.

2. ELIGIBILITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction. If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", “User”or “customer”shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. RULES OF USER CONDUCT

By using this Site You acknowledge and agree that:

Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not use this Site in a manner that:

Is illegal, or promotes or encourages illegal activity;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in terrorism, violence against people, animals, or property;

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site;

Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

copy or distribute in any medium any part of this Site, except where expressly authorized by Company, copy or duplicate this Terms of Services agreement modify or alter any part of this Site or any of its related technologies, access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

4. INTELLECTUAL PROPERTY

1. The App may feature trademarks, logos, service marks, product names and designations, by making these trademarks available through the App and in content, the Company is not selling you the App to use it in any manner, and you are not granted any rights under any of Company’s intellectual property rights.
2. This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.
3. Any unauthorized copying, displaying, selling or distributing or other use of any content or App is a violation of the law.

5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

1. You expressly acknowledge and agree that you are installing and using the app at your own risk. The app and all data and content provided through the app is provided “as is”, “with all faults”and without warranty, terms or conditions of any kind. The company and each of its licensees, affiliates and authorized representatives (the “parties”or “party’) expressly and specifically disclaim all warranties, terms or conditions, whether express or implied, including, but not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement and fitness for a general or particular purpose with respect to the app and content or those arising from course of dealing or usage of trade. The company cannot and does not warrant that the app will operate without interruptions, that it will be free from viruses and errors, or that the app will not interfere with the functioning of other software or programs installed on your cellular mobile device and will meet your requirements. No oral, written or electronic information or advice given by any party shall create any warranty, term or condition with respect to the app or otherwise.
2. The app may be subject to breaches of security and the company shall not be held responsible for any resulting damage to any user’s device from any such breach including but not limited to any virus, bugs, tampering, unauthorized, intervention, omission, deletion, defect.
3. The company provides no assurance that any specific errors or discrepancies will be corrected.
4. The company is not liable for any network faults or downtime in network services. You agree and acknowledge that relay of text messages is network dependent, and company is not responsible for any messages failing to reach their intended recipients.
5. The app uses the read only memory (rom) of your cellular mobile phone to function efficiently and effectively. You agree and acknowledge that the app might automatically hibernate or go into standby mode if the rom on your cellular mobile phone is insufficient to run the OEM apps and functions. The company is not responsible for the app hibernating, and you agree that you are solely responsible to keep your cellular mobile phone optimized.
6. It is possible that the app may get locked or stop working if the data on your cellular mobile phone causes your phone to crash or requires the operating software to be reinstalled. The company is not liable or responsible to you in any manner whatsoever for such an occurrence.

6. LIMITATION OF LIABILITY

1. You understand and agree that under no circumstance will the company, its agents, licensors or suppliers be liable to you on account for damages of any kind, whether based in tort, contract, strict liability or otherwise your misuse of the software. The company shall not be liable for any loss or damages including but not limited to damages of personal injury, either direct, indirect, incidental, consequential or otherwise, arising out of the breach of any express or implied warranty, term or condition, breach of contract, negligence, strict liability misrepresentation, failure of any remedy to achieve its essential purpose or any other legal theory arising out of, or related to, this agreement or your use of the app (such damages include, but are not limited to, loss of profits, business interruption, savings, loss of privacy or any other pecuniary loss, loss of revenue, loss of data, loss of use of the app or the cellular mobile device or any associated equipment or documents), even if company has been advised of the possibility of such damages. In any case, the entire liability of company shall be limited to the amount paid by you to subscribe to the services provided on the app.

7. INDEMNITY

1. You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the App, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.

8. DATA TRANSFER

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

9. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

10. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer might be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

11. FEES AND PAYMENTS

You acknowledge and agree that your payment will be charged and processed by Abraham Health Care.

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.

Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.

Except as expressly provided in these Terms, all charges and payments are non-refundable, non-cancellable, and non-creditable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

12. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

13. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

14. GOVERNING LAW AND FORUM FOR DISPUTES

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Abraham health care must be resolved by a court having jurisdiction in Madurai, India. You agree to submit to the personal jurisdiction of the courts located within Madurai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

15. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in India, Tamil Nadu, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

16. TITLES AND HEADINGS

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

17. SEVERABILITY

1. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).

18. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

ABRAHAM HEALTH CARE

46/1A, 46/1B & 46/2B,

Melamadai Sivagangai Road, 

Near Express Car Wash, Madurai – 625020

support@diabetecure.in

Ph: +91 74183 40403

REFUND & CANCELLATION POLICY

1. You are eligible for a refund of your subscription in case there have been service failures, or you have a valid concern with DIABETECURE which has been reported to our team.
2. Depending on the plan duration, you may cancel your Member Account within the stipulated timelines from the date of subscription to the DIABETECURE Plans. In the event that you cancel your Member Account or the same is suspended or terminated by DIABETECURE within the aforesaid period, we shall refund any license or subscription fees as below:
   
1. If the consumer has purchased a 1 monthly subscription plan with DIABETECURE, you will be eligible for a refund within the first 7 days of your subscription.
2. If you have subscribed for more than 1 Month subscription with us, you will be eligible for a refund within the first 3 weeks of your subscription.

PRIVACY POLICY

This privacy policy (“Policy”) was last changed on February 2023. We may occasionally make changes to the Policy. If we do, we shall notify either by sending you an e-mail or sending you a notification through our mobile application (“Diabetecure”). 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.

This is why we want to be fully transparent about: 

1. How and why, we collect, store, share and use your personal data through the various capacities in which you interact with us; and 
2. The rights that you have to determine the parameters of this interaction.

While we would strongly advise you to read the Policy in full, the following summary will give you a snapshot of the salient points covered herein:

This Policy details the critical aspects governing your personal data relationship with ‘DIABETECURE’ which is owned and operated by ABRAHAM HEALTH CARE

46/1A, 46/1B & 46/2B,Melamadai Sivagangai Road,  Near Express Car Wash, 

Madurai – 625020, Tamil Nadu, India.

• Your personal data relationship with DIABETECURE varies based on the capacity in which you interact with us/avail of our products and services (“Services”). You could be: (i) a visitor to https://www.diabetecure.in (“Website”) or any pages thereof (“Visitor”); or (ii) a person who has an account with DIABETECURE to avail our Services (“Registered User”)
• Based on whether you are a Visitor or Registered User, the type of data we collect and the purpose for which we use it will differ and this Policy details such variations
• This Policy applies to all the Services provided by DIABETECURE through the Website, App or any other associated website of DIABETECURE
• This Policy is a part of and should be read in conjunction with our Terms of Services
• This Policy will clarify the rights available to you vis-à-vis the personal data you share with us.

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 or the App.

. INFORMATION WE COLLECT AND HOW WE USE IT

SPECIAL CATEGORIES OF PERSONAL DATA

We may collect and process ‘special categories of personal data’ such as ethnic origin, genetics, health or sexual orientation, which are considered sensitive. We use this special category of personal data, for example to provide specialized diet plan and exercise routines. We require your explicit consent to collect and process special categories of personal data. You may refuse or revoke your consent at any time, please see the section about ‘Your Rights & Preferences As A Data Subject In The EU’ below. A limited number of our personnel will have access to special categories of personal data provided by you.

 COOKIES 

LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites. 

INFORMATION SHARING
We share the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:

(a)When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.

(b)We proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

INFORMATION SECURITY
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.

Grievance Redressal
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Ms. Ezhilarasi (“Grievance Officer”).

Ms. EZHILARASI  (Grievance Officer)
ABRAHAM HEALTH CARE

46/1A, 46/1B & 46/2B,

Melamadai Sivagangai Road, 

Near Express Car Wash, Madurai – 625020

support@diabetecure.in

Ph:  +91 74183 40403