Terms and Condition
Introduction
Welcome to the Diet Ideas website (the "Site"). Please read the following terms and conditions (“Terms of Service”, “Terms”), carefully before using this Site or subscribing to the services ("Service") so that you are aware of your legal rights and obligations with respect to Diet Ideas Sdn. Bhd. (Company Registration No. 201901023252 (1332581-H)), its affiliates and/or subsidiaries (individually and collectively, "Diet Ideas", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Diet Ideas application software (“App”) made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site and App or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Diet Ideas.
By using our App and/or Site and/or subscribing to any features of the application and/or website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the application and/or website, including without limitation users who are browsers, subscribers and/ or contributors of content.
Right to make changes to the agreement
Please note that these terms and conditions may be amended from time to time in accordance with applicable laws and regulations and such variations may be applicable to you. In the case of any changes, you will be notified, and the latest version of this Term and Agreement will be made available to all customers.
User guidelines (rules, restrictions, requirements)
By registering for access to the Site or the Application and use of the Services, you agree to abide by the following terms and conditions:
1) You are responsible for protecting the confidentiality of your username and password and the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Services.
2) You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable.
3) You agree not to impersonate any other person.
4) You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions.
5) You agree not to post or transmit any unsolicited advertising or promotional materials.
6) You will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted or transmitted is your original work and not sourced from any third party.
7) You will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
8) You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
Copyright and intellectual property
All trademarks, logos, images, and service marks, including these Terms and Condition as displayed on the Website or application or in our marketing material, whether registered or unregistered, are the intellectual property of Diet Ideas Sdn Bhd and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Diet Ideas Sdn Bhd trademarks on any other website not approved by us is strictly prohibited. Diet Ideas Sdn Bhd will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Governing law
This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction. For users outside of Malaysia, the respective laws of your country shall be applicable. Should there be any contradiction in the laws of your country or province of residence, laws of Malaysia shall prevail.
Limitation of liability
You acknowledge and agree that Diet Ideas shall not be liable to you or your beneficiaries for any losses, claims, costs, expenses or damages arising out of or in connection with your use of and/or reliance on the Services, or any termination of your access to the Services, whether arising from the negligence, default, act or omission of Diet Ideas and/or its affiliates and/or their respective employees, officers, contractors and/or agents or partners.
Indemnification
You agree to indemnify us against any loss, damage or cost incurred by us arising out of your access or use of the Site, including, without limitation, the Services, the Application, the Content or any other information accessible over or through the Site and/or the Application, any content submitted by you or your violation of these terms and conditions, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
Acknowledgement
The user, client or subscriber, (the "User") acknowledge that while Diet Ideas Sdn Bhd (referred as Diet Ideas) personalised health program aims to be inclusive, this product should not serve as a replacement to my primary healthcare provider and is not intended to mainly diagnose, treat, or cure any physical illness or psychological disorders. the user understand the role of dietitians and nutritionist in Diet Ideas will be following the legal role according to the Allied Health Sciences act, whereby dietitians will help to improve and cure client’s health conditions using medical nutrition therapy and nutritionist will help to prevent possible health conditions during the program with Diet Ideas.
The user acknowledge and agree that Diet Ideas reserves and retains the right to picture record, video record, audio record and process all interactions. All recordings are the sole property of Diet Ideas. Recorded interactions are used for developmental, research, analytics, improvement and monitoring purposes. Diet Ideas may also use all or any part of the information recorded (or derivatives of such information) to improve its service, by means of processing the recorded data to train Machine Learning (ML) models that will improve our staff. This also includes allowing Diet Ideas personnel or third parties with technical expertise to listen to, watch, and perform analysis with or process data recorded from video calls, audio call, chats message or recordings in connections with the Services (or any improvement thereof). While using Diet Ideas services, The user agree for any resources shared with Diet Ideas, to be used for the marketing purposes for Diet Ideas. The user understand that Diet Ideas will ask for my consent shall my sensitive data such as health improvement with my name to be used for marketing purposes.
The user acknowledge that for any purchase of Diet Ideas consultation and product, payment is to be made first before the service can ensue.
The user hereby agree that in using Diet Ideas Services, the user shall not in any circumstance commit any of the following prohibited conduct which the user acknowledge would constitute a serious breach of Diet Ideas Terms of Use:-
- Use words that constitute or which can be considered to constitute verbal abuse;
- Send/transmit any obscene/disturbing materials;
- Send/transmit any materials which constitute or encourage conduct that would be considered a criminal offence in Malaysia or any other country;
- Use any words and/or send/transmit any materials that are discriminatory or derogatory, including on the basis of someone’s race, religion, age, gender, disability or sexuality; and/or
- Send/transmit any materials that contain a threat of any kind, including threats of physical violence
The user hereby acknowledge and agree that Diet Ideas reserves the right to suspend and/or terminate the services provided to the user at any time upon reasonable grounds, which will effectively result in the user inability to use Diet Ideas Services. The user also hereby acknowledge and agree that in the event of any breach of Diet Ideas terms and conditions, Diet Ideas may in its absolute discretion suspend and/or terminate the services provided to the user immediately without notice.
The user acknowledge and agree that Diet Ideas shall not be liable to the user or its beneficiaries for any losses, claims, costs, expenses or damages arising out of or in connection with The user use of and/or reliance on the Services, or any termination of The user access to the Services, whether arising from the negligence, default, act or omission of Diet Ideas and/or its affiliates and/or their respective employees, officers, contractors and/or agents or partners.
The user hereby agree to indemnify and hold harmless Diet Ideas and its affiliates, and their respective employees, officers, contractors, partners and agents from any liability, losses, claims, costs, expenses or damages that Diet Ideas may suffer or incur as a result of, in connection with or arising out of my participation in any event or activity by Diet Ideas, and/or the use of the Services.
By clicking 'SUBMIT' or purchased any Diet Ideas package/program or informing Diet Ideas staff through Chat messages, audio call or video call to proceed the Services, The user acknowledge and agree that these terms and conditions will both govern the user use of the Services and form part of the contract between The user and Diet Ideas.
Privacy and Personal Data Protection
Diet Ideas abides by the Personal Data Protection Act 2010 ('The Act') which requires us to inform you of your rights in respect of your personal data that is being processed or that is being collected and further processed by us and the purposes for the data processing. The Act also requires us to obtain your consent to the collection and processing of your data that enables us to perform, analyse and improve our services, offer our services and communicate with you. We will use this data to provide you with the Services requested, to maintain our records and/or to send you relevant information.
By signing up to the Diet Ideas programme and using Diet Ideas Services, The user hereby consent for my personal data (including sensitive data) to be collected and processed, and confirm that The user agree to Diet Ideas privacy policy. All the information provided here by me is correct.
By providing sensitive data such as health diagnosis, blood test, DNA test to Diet Ideas, The user understand that Diet Ideas will not be responsible for any breach of data caused by uncontrolled or unfortunate events. The user also understand, that Diet Ideas will take fully responsible in protecting the data within their power.
We strongly urge you to review our detailed privacy policy prior to providing us with your personal data.