Terms & Conditions
Introduction and Acceptance
Welcome to Metaboliq, a telehealth-enabled metabolic health, medical weight-management, nutrition and lifestyle management programme operated through the Metaboliq application, website and related platforms (collectively, the “Platform”).
The Platform is operated by WITNESS THE FITNESS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, bearing CIN U74999UP2021PTC150280, having its registered office at Flat No. S-1502, Amrapali Silicon City, Sector 76, Noida West, Gautam Buddha Nagar, Uttar Pradesh – 201306, India, and operating under the brand/programme “Metaboliq” (hereinafter referred to as the “Company”, “Metaboliq”, “We”, “Us” or “Our”). For the avoidance of doubt, “Metaboliq” is a brand/programme of the Company and is not itself a separate legal entity; every reference in these Terms to “Metaboliq”, the “Company”, “We”, “Us” or “Our” means Witness the Fitness Private Limited.
These Terms & Conditions (“Terms”), together with the Metaboliq Privacy Policy, applicable programme-specific terms, consent forms, disclaimers, refund/cancellation policies and any other policies or guidelines notified by the Company from time to time, constitute the agreement governing your access to and use of the Platform and/or Metaboliq services (collectively, the “Agreement”).
The expressions “You”, “Your”, “User” or “Member” shall mean any person who accesses, registers with, purchases, subscribes to, or otherwise uses the Platform or Metaboliq services. Where the Platform or Services are accessed or used on behalf of another person, “You” and “Your” shall include such person, as applicable.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM OR AVAILING ANY METABOLIQ SERVICE.
By clicking “I Accept”, registering an account, purchasing a programme, submitting information, accessing the Platform or otherwise using any Metaboliq service, You acknowledge that You have read, understood and agreed to be legally bound by these Terms, the Metaboliq Privacy Policy and all applicable service-specific terms and policies.
If You do not agree with these Terms, You must not access the Platform or avail any Metaboliq service.
Definitions
“Application” means the Metaboliq mobile application, web application or other digital interface made available by the Company.
“Platform” means collectively the Application, Metaboliq website, digital interfaces, communication channels and other technology-enabled platforms through which the Company makes its Services available.
“Services” means the metabolic health, medical weight-management, medical consultation, prescription-treatment facilitation, diagnostic, laboratory, nutrition, fitness, coaching, lifestyle management, educational, technological and allied services offered by Metaboliq, whether directly or through authorised third-party service providers.
“Doctor” or “Registered Medical Practitioner (RMP)” means a qualified medical practitioner registered with the relevant medical council under applicable law, who independently provides consultations through or in connection with the Platform.
“Prescription Medicine” means a medicine that may be dispensed only against a valid prescription issued by a Registered Medical Practitioner under the Drugs and Cosmetics Act, 1940 and the rules thereunder, including Schedule H and Schedule H1 drugs.
“Healthcare/Service Provider” means a qualified doctor, nutritionist, dietician, health coach, fitness professional, consultant, laboratory, diagnostic service provider, pharmacy, logistics provider or other professional/service provider engaged or facilitated by Metaboliq.
“Registered User” means a person who has successfully registered with Metaboliq and/or purchased or subscribed to any Service.
“Non-Registered User” means a person who accesses or browses the Platform without completing registration or purchasing a Service.
“User Content” means information, data, documents, health information, photographs, reports, records, communications, feedback and other material submitted or uploaded by You.
“Metaboliq Content” means all content, information, material, software, designs, programmes, methodologies, educational material, text, graphics, images, videos, trademarks and other intellectual property made available by or on behalf of the Company.
Acceptance of Terms
Your access to and use of the Platform and Services is subject to these Terms and all applicable laws and regulations.
The Company may modify, update or replace these Terms from time to time. The updated Terms shall become effective upon publication on the Platform or communication to You, unless otherwise specified.
Your continued use of the Platform or Services following such modification shall constitute acceptance of the updated Terms.
Eligibility
You represent that:
- You are at least 18 years of age, unless a particular Service expressly permits otherwise.
- You have the legal capacity to enter into a binding agreement.
- All information provided by You is true, complete and accurate.
- You shall promptly update information that becomes inaccurate or incomplete.
- Your use of the Platform and Services shall comply with applicable law.
Certain Services may have additional medical, age, geographical or other eligibility criteria, which may be communicated separately. In particular, prescription-based treatment is available only to persons who satisfy the medical and eligibility criteria determined by an independent Doctor following a clinical assessment.
Metaboliq Services
Depending upon the programme purchased or subscribed to, Metaboliq may provide or facilitate one or more of the following, as further described in Appendix A:
- Medical consultations with independent Registered Medical Practitioners, including for metabolic health and medical weight management.
- Facilitation of prescription-based treatment where clinically appropriate and prescribed by an independent Doctor.
- Laboratory and diagnostic testing and home sample collection through third-party providers.
- Nutrition and dietary programmes and supplementation guidance.
- Fitness and lifestyle guidance, including trainer-led exercise through partner facilities.
- Health assessments, screening, digital education and progress tracking.
- Other allied services introduced by Metaboliq from time to time.
For the avoidance of doubt, Metaboliq itself does not prescribe medicines, does not operate a pharmacy and does not dispense or sell medicines. Prescription of any medicine is made solely by independent Registered Medical Practitioners based on their own clinical judgment, and dispensing is carried out only through licensed pharmacies or authorised channels.
Healthcare and Professional Services
Where Services involve doctors, nutritionists, dieticians, coaches, laboratories or other professionals, such professionals may exercise independent professional judgment within their respective scope of practice.
Except for the weight-loss commitment expressly stated for the six-month premium programme, which applies only to that programme and only where You meet the adherence conditions set out in that programme's terms, Metaboliq does not guarantee any particular medical, fitness, nutritional, weight-loss or wellness outcome.
Recommendations provided through the Platform are based on the information made available by You and may change depending upon Your health status, adherence, lifestyle, medical history and other relevant factors.
You must provide complete and accurate information concerning Your health, medical history, medication, allergies, existing conditions and other information reasonably required for providing the Services.
Information and content made available on the Platform is for general information and educational purposes only and is not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a qualified healthcare professional regarding any medical condition or before starting, changing or stopping any medication or treatment.
Prescription Medicines and Treatment
Any Prescription Medicine shall be prescribed only by an independent Registered Medical Practitioner following a medical consultation and clinical assessment, and only where the Doctor determines in their professional judgment that such treatment is appropriate for You.
Metaboliq does not guarantee that any Prescription Medicine will be prescribed, and the decision to prescribe or withhold any medicine rests solely with the independent Doctor. No medicine is automatically included in any programme.
Prescription Medicines are subject to the applicable laws, including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Telemedicine Practice Guidelines, 2020 and other applicable regulations. You must use any prescribed medicine strictly in accordance with the prescription and the Doctor’s instructions.
You must promptly inform the Doctor and Metaboliq of any side-effects, adverse events, allergic reactions, changes in health status or other concerns arising during treatment. Metaboliq facilitates the reporting of adverse events to the relevant healthcare professional in accordance with applicable pharmacovigilance requirements.
You shall not obtain any Prescription Medicine from unauthorised or unlicensed sources, shall not misuse, share or transfer any prescribed medicine, and shall not seek or accept any compounded or non-approved preparation unless lawfully prescribed by a Registered Medical Practitioner.
Medicines are dispensed and/or delivered only through licensed pharmacies or authorised third-party channels. Metaboliq does not manufacture, stock, sell or dispense medicines, and is not responsible for the manufacturing, quality or labelling of medicines, subject to applicable law.
Privacy and Health Information
Metaboliq may collect, process, store and use personal, health, lifestyle, fitness, nutrition and other information provided by You or generated through Your use of the Services. Health information is sensitive personal data under applicable law and shall be handled accordingly.
Such information shall be handled in accordance with the Metaboliq Privacy Policy, the Digital Personal Data Protection Act, 2023 and other applicable law.
By registering for or using the Services, You acknowledge and consent to the processing of Your information for legitimate purposes connected with registration, service delivery, consultations, programme management, customer support, payment processing, quality improvement, legal compliance and other purposes described in the Privacy Policy.
Intellectual Property
All rights, title and interest in the Platform and Metaboliq Content, including trademarks, logos, designs, software, programmes, methodologies, educational materials, text, graphics, videos, databases and other proprietary material, shall remain vested in the Company and/or its licensors.
You receive only a limited, non-exclusive, non-transferable and revocable right to access and use such material for Your personal and non-commercial use in connection with the Services.
You shall not copy, reproduce, modify, distribute, publish, sell, license, transmit, reverse engineer or create derivative works from Metaboliq Content without prior written permission of the Company.
Fees, Payments and Taxes
You agree to pay the applicable programme and/or service fees communicated at the time of purchase.
Unless expressly stated otherwise, applicable taxes (including Goods and Services Tax) shall be charged separately and in addition to the stated fees.
Medicines, diagnostic tests, laboratory investigations, devices, supplements and third-party services may be separately chargeable and are not included unless expressly stated in the applicable programme.
Payment gateway or transaction charges, where applicable, may be borne by the User.
Services may be suspended for non-payment of any amount that is due and payable.
Prices, plans and programme offerings may be changed by Metaboliq prospectively. Any change shall not affect a programme already purchased, except to the extent expressly provided in the applicable programme-specific terms.
Activation, Appointments and Delivery
Where applicable, programme access shall be activated following successful payment and completion of required onboarding formalities.
Appointments and consultations shall be subject to availability of the relevant professional.
Metaboliq may reschedule an appointment where reasonably required due to operational, professional, technical or other circumstances.
Where physical products, kits, devices or other items are included, delivery shall be subject to applicable delivery terms and third-party logistics availability.
Cancellation and Refund
Refunds, cancellations and rescheduling shall be governed by the applicable Metaboliq refund/cancellation policy communicated at the time of purchase.
Unless expressly stated otherwise, no refund shall be payable for Services already consumed, delivered or utilised.
Where a refund is approved, the same shall ordinarily be processed to the original payment method, subject to applicable payment processor timelines.
Specific programme-specific refund terms shall prevail over these general Terms to the extent of any inconsistency.
No Guarantee of Results
Metaboliq does not guarantee a specific amount of weight loss, a particular body composition, a specific medical or health outcome, a particular fitness level, reversal or cure of any medical condition, or achievement of any individual health or wellness objective.
Results depend upon multiple factors, including individual health conditions, adherence, lifestyle, diet, exercise, sleep, medication where applicable, genetics and other factors beyond the Company’s control.
Medical Emergencies
Metaboliq Services are not a substitute for emergency medical services.
You must not delay or avoid emergency medical treatment based on any information available through the Platform.
In the event of an emergency, You should immediately contact the appropriate emergency service, visit the nearest hospital or consult an appropriately qualified medical professional.
Disclaimers
To the maximum extent permitted by applicable law, the Platform and Services are provided on an “as available” basis.
Metaboliq does not warrant uninterrupted or error-free availability of the Platform.
The Company shall not be responsible for delays or failures caused by circumstances beyond its reasonable control, including technical failures, internet outages, third-party service failures, governmental restrictions, natural events, strikes, cyber incidents or other force majeure events.
Nothing in these Terms shall exclude or restrict any liability that cannot lawfully be excluded or restricted under applicable law.
Third-Party Services
Certain Services may be provided by independent third parties, including healthcare professionals, pharmacies, laboratories, diagnostic service providers, logistics providers, payment processors, technology providers and other service providers.
Where a Service is provided by an independent third party, the terms applicable to such third-party service may also apply.
Metaboliq shall not be responsible for matters exclusively attributable to an independent third party, subject always to applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, Metaboliq and its directors, officers, employees, affiliates, representatives and service providers shall not be liable for indirect, incidental, consequential, special or punitive losses arising from Your use of the Platform or Services.
Nothing in these Terms shall limit liability for fraud, wilful misconduct, or any liability which cannot legally be limited under applicable law.
Subject to applicable law, the Company’s aggregate liability arising directly from the Services shall be limited to the amount actually paid by the User to Metaboliq for the specific Service giving rise to the claim during the applicable programme/service period.
Indemnification
You agree to indemnify and hold harmless Metaboliq, its directors, officers, employees, affiliates, representatives, consultants and service providers from claims, losses, liabilities, costs and expenses arising out of Your breach of these Terms; inaccurate or misleading information provided by You; misuse of the Platform or Services; violation of applicable law or third-party rights; or Your negligent or wilful misconduct.
This clause shall operate to the extent permitted by applicable law.
Suspension and Termination
Metaboliq may suspend or terminate Your account or access to Services where You breach these Terms; information provided by You is materially false or misleading; payment obligations remain unpaid; fraudulent, abusive or unlawful activity is suspected; continued access creates a security, operational or legal risk; or such action is otherwise permitted under applicable law.
Upon termination, provisions relating to intellectual property, confidentiality, payment obligations, limitation of liability, indemnification, dispute resolution and other provisions intended to survive shall continue to remain effective.
User Content
You retain ownership of Your User Content, subject to the rights necessary for Metaboliq to provide the Services.
You grant Metaboliq a limited, lawful right to host, store, process and use User Content to the extent reasonably necessary for providing, administering, securing and improving the Services and complying with applicable law.
Any use of personal or health information shall remain subject to the Metaboliq Privacy Policy and applicable law.
Communications
By registering with Metaboliq, You consent to receive service-related communications through email, SMS, telephone calls, WhatsApp, application notifications or other registered communication channels.
Such communications may include appointment reminders, programme updates, payment notifications, service communications and other information necessary for administration of the Services.
Marketing communications shall be handled in accordance with applicable law and Your applicable preferences/consents.
Force Majeure
Metaboliq shall not be liable for delay, interruption or failure in performance caused by circumstances beyond its reasonable control, including natural disasters, governmental action, epidemics/pandemics, civil disturbances, strikes, telecommunications failures, internet outages, cyber incidents, infrastructure failures or third-party service interruptions.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to any mandatory statutory dispute-resolution mechanism or consumer protection law applicable to the User, courts having competent jurisdiction at Gautam Buddha Nagar/Noida, Uttar Pradesh, shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.
Severability
If any provision of these Terms is held invalid or unenforceable by a competent authority, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, applicable programme-specific terms, consent forms, refund/cancellation policy and other policies expressly incorporated herein, constitute the entire agreement between You and Metaboliq concerning Your use of the Platform and Services.
Modification
Metaboliq may amend these Terms from time to time to reflect changes in its Services, business practices, technology, legal requirements or regulatory requirements.
Material changes may be communicated through the Platform, email or other appropriate means.
Survival
The provisions relating to intellectual property, confidentiality, privacy, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, governing law and any provisions which by their nature are intended to survive shall survive termination or expiry of these Terms.
Consent and Acknowledgement
By selecting “I Accept”, registering with Metaboliq, purchasing a programme or accessing the Platform, You acknowledge that:
- You have read and understood these Terms;
- You voluntarily agree to be bound by these Terms;
- The information provided by You is accurate to the best of Your knowledge;
- You understand that, apart from the weight-loss commitment expressly stated for the six-month premium programme and subject to its adherence conditions, Metaboliq does not guarantee any particular health, fitness, nutrition or weight-loss outcome;
- You understand that any Prescription Medicine is prescribed only by an independent Registered Medical Practitioner and is not guaranteed or automatically provided;
- You have reviewed the applicable Privacy Policy and programme-specific terms; and
- You consent to the collection and processing of information as described in the applicable Privacy Policy and consent documentation.
Illustrative Service Categories
- Medical consultations with independent Registered Medical Practitioners
- Facilitation of prescription-based metabolic health and medical weight-management treatment
- Nutrition and dietary programmes
- Health and wellness coaching
- Fitness and lifestyle guidance, including trainer-led exercise
- Health assessments and screening
- Laboratory or diagnostic services through third-party providers (including home sample collection)
- Digital health and wellness education
- Tracking of nutrition, fitness, lifestyle and wellness parameters
- Reports, reminders and progress monitoring
- Digital content and educational modules
- Devices, kits or products where specifically included in a programme
- Other services introduced by Metaboliq from time to time
User Responsibilities
- Provide accurate and complete information, including complete and truthful health and medical information.
- Follow applicable instructions and professional recommendations, including prescriptions and treatment plans.
- Use any Prescription Medicine strictly as prescribed and promptly report side-effects or adverse events.
- Attend scheduled consultations and appointments.
- Maintain confidentiality of account credentials.
- Use the Platform only for lawful and authorised purposes.
- Do not misuse, copy, reproduce, reverse engineer or commercially exploit the Platform.
- Do not upload unlawful, defamatory, offensive, infringing or malicious material.
- Do not impersonate another person.
- Do not interfere with the security or functioning of the Platform.
- Do not attempt unauthorised access to any account, server, database or system.
- Do not share programme access with another person.
- Comply with all programme-specific instructions and policies.
Refunds and cancellation
This is the refund and cancellation policy referred to in clause 12, for the health assessment. A health assessment is an assessment. It is not treatment, and paying for it does not entitle you to a prescription.
There are exactly two refunds on the health assessment, and both exist because home collection can fail. If we cannot arrange sample collection where you live, you may take the assessment back in full at ₹1,799, or you may arrange your own test, keep the doctor consultation at ₹799, and take the difference of ₹1,000.
Those are the only two we publish. We never return more than we actually collected from you: the figures above are what the assessment costs today, and if you paid less than that, you get back what you paid.
Paying does not approve you for treatment, and no refund turns on a doctor's clinical judgement. Where a care programme is bought, your money is held, not taken, until a doctor has approved that programme for you. If the doctor does not approve it, the hold is released and it never becomes a charge.
You may cancel at any time. What that means for money depends on whether we have taken it: money still being held is released and you are never charged, and money already taken for an assessment you have had is not returned, because the two above are the only refunds this company publishes. If you think your situation is one of the two and nobody has offered it to you, say so and a person will look.
A refund here is a recorded obligation of Witness the Fitness Private Limited, not an automatic transaction. Nobody types an amount: every figure is derived from the published price, so a refund cannot drift from the price it refunds. You are given a reference beginning REFUND- to quote. A person decides the request and a person moves the money, and both are recorded by name, with the time.
We do not promise a date on which the money reaches you, because your bank and the payment gateway control that and we do not. We promise a decision, a reference, and a record of who made it and when.
Medicines dispensed by the pharmacy are subject to that pharmacy's returns policy, not ours. We neither sell them nor take them back.
What you accept before you pay
Before the assessment is paid for, the following are accepted together, in one tick beside the booking button, signed with the name given when the details were left. They are set out here in the same words:
- The assessment is a wellness and metabolic assessment only. It is not a medical diagnosis, treatment or advice, and I will see a doctor for any medical decision.
- The doctor who holds a consultation and the laboratory that runs a test are each responsible for their own work, and Witness the Fitness Private Limited is not liable for it.
- I take the risks of using this service, and I am responsible for my own health decisions and for what I do or do not do about the results.
- The health and medical information I have given is complete and correct, and keeping it correct is my responsibility.
- I will indemnify and hold harmless Witness the Fitness Private Limited, its directors, officers, employees and agents against claims, losses, damages, costs and expenses, including legal fees, arising from my use of the service, my own health decisions, information I did not disclose, or my not following a doctor's advice.
- Witness the Fitness Private Limited may capture, store and process my payment details — card, UPI, bank or account — to bill me, and may collect the fees that apply.
- My personal data, including health and payment data, may be collected, stored, used and processed under the Digital Personal Data Protection Act, 2023.
- Witness the Fitness Private Limited may contact me about this service by call, SMS, email and WhatsApp.
- Witness the Fitness Private Limited may tell Meta (Facebook) that I bought, with my phone and email hashed (scrambled) and my browser's ad identifiers, to measure which ads work. Never my name, my answers or any health information. I can turn this off any time in my consent settings.
- I am 18 years of age or older and am legally able to agree to this.
I agree to these terms, including measuring which ads work, and submit my consent.
This agreement is binding and is given in favour of Witness the Fitness Private Limited. This electronic acceptance, with the date, the time and the internet address recorded when you submit it, is your electronic signature under section 3A of the Information Technology Act, 2000, and is admissible under section 65B of the Indian Evidence Act, 1872, as continued by the Bharatiya Sakshya Adhiniyam, 2023.
Document owner: WITNESS THE FITNESS PRIVATE LIMITED | Brand: Metaboliq. Registered Office: Flat No. S-1502, Amrapali Silicon City, Sector 76, Noida West, Gautam Buddha Nagar, Uttar Pradesh – 201306, India.