Welcome to Daily Glee!
This is a legal agreement between you and Daily Glee and its associates (“Daily Glee”, “we”, “our” or “us”) regarding your use of the dailyglee.com (the “Site”). Our Site consists of various web pages, mobile applications, software and related services operated by Daily Glee and Inchakra Inc (collectively “Daily Glee”). Our site provides personalized diet, lifestyle, and herbal supplement recommendations to users based on their functional health and metabolic profile. Users can also purchase their recommended personalized herbal supplement pack. Your access to, use and interacting with the Site and the information and materials available through the Site is subject to all applicable laws and regulations and to this Agreement, including any future modifications (“Agreement”). By accessing or browsing the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by its terms and conditions. We recommend to immediately discontinue use of the Site, if you do not agree to be bound by this Agreement and to be abide by all applicable laws.
Account Registration and Use
You understand that in order to access or use certain features of the services operated by Daily Glee, you may be required to register for an account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate, current and complete information including update such information, during the registration process and at all times when you use the Site and/or services operated by Daily Glee. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You acknowledge that Daily Glee is not responsible for third party access to your account that results from theft or misappropriation of your account. Daily Glee is not responsible for you having using any third party’s user account credential to access their Daily Glee account. Daily Glee and its associates reserve their right to refuse or cancel service, suspend or terminate you accounts, or remove or edit content at our sole discretion. You understand that it shall be your sole responsibility to notify Daily Glee of any unauthorized use of your Account. You may be liable for losses incurred by Daily Glee or any of their customers, users or visitors to the Site due to someone else using your account.
Children Under Thirteen
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all terms and conditions herein. Daily Glee does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under thirteen, you may use https://www.dailyglee.com/ only with permission of a parent or guardian. Once your parent or guardian has granted you permission to use the Site, then you and your parent or guardian shall be bound by the terms of this Agreement for any activities carried by you on the services operated by Daily Glee.
Children Under Thirteen
Daily Glee (“Privacy Policy”) is part of this Agreement and is incorporated by this reference. By accepting this Agreement, you agree to the collection, use and disclose of your information by Daily Glee as described in the Privacy Policy. Daily Glee does not sell your personal data to advertisers, and we do not intent to share your information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you have given us explicit written permission to do so. Your use of the Site is subject to Daily Glee’s Privacy Policy. For more information, please review our Privacy Policy (https://www.dailyglee.com/), which also governs the Site and informs users of our data collection practices.
Integrity of Information
Daily Glee engages qualified professionals to maintain the integrity and accuracy of the information, content, services or features on the Site. However, Daily Glee makes no guarantees as to correctness, completeness, or accuracy as information, content, services or features may contain typographical errors, inaccuracies, or other errors or omissions. Also unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us at the contact information below.
Daily Glee does it best to provide accurate information on our products pages including but not limited to product descriptions, prices, shipping estimates, etc. At all times, Daily Glee reserves its right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer without prior notification) and change pricing based on market demand. Daily Glee reserves its right to cancel your order in their sole discretion for any reasons without giving future notices.
Subscription Services
In addition to this Agreement, you agree that any subscription services and/or product purchased from Daily Glee shall be governed by Daily Glee Subscription Terms and Conditions (“Subscription Terms”) and any additional terms and conditions including contests, promotions or similar features presented during your Subscription purchase. The Subscription Terms will govern to the extent of any express conflict with the Terms herein.
Daily Glee’s obligations are solely governed by the agreements pursuant to which its products and services are provided. You agree that nothing on this Site should be construed to alter such agreements.
User Submitted Content
You are solely and entirely responsible for any information you submit, upload, post, display, or otherwise transmit to or via the Site, including but not limited to any feedback or personal information. Any feedback or suggestions you provide to Daily Glee regarding the Site will become Daily Glee’s information and Daily Glee will have a perpetual, irrevocable, transferable, worldwide, royalty-free, sublicenseable (through multiple tiers) and non-exclusive right to use, copy, reference, store, cache, reproduce, adapt, modify, translate, publish, publicly display, publicly perform, transmit, stream, broadcast, making publicly available, distribute and otherweise exploit such user submitted content in any form, medium or technology now known or later developed for any purpose, including for both commercial and non-commercial purpose without payment of compensation to you, except as otherwise provided in Daily Glee’s Privacy Policy as it relates to your personal data and private content.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Daily Glee the rights in such user content, as contemplated under these Terms; and (ii) neither the user content nor your posting, uploading, publication, submission or transmittal of the Content or Daily Glee’s use of the user content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
General Acceptable Use Standards
Without limiting the generality of the foregoing, you agree not to:
- Submit information to Daily Glee that is known by you to be false, inaccurate, or misleading, or otherwise engage in any fraud or misrepresentation;
- Infringe or violate another person’s rights, including privacy and intellectual property rights;
- Collect or store information about other users of the Site;
- Modify, reverse engineer, decompile, disassemble, scrape, or otherwise tamper with the Site or create any derivative works based on the Site or Site Content;
- Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or any Daily Glee server, or any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means;
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
- Reverse look-up, trace, or seek to trace any information on any other user of the Site, or exploit the Site in any way to reveal any information other than your own information;
- Interfere with or disrupt the operation of the Site or server networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or
You may not use the Site for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of Daily Glee or others.
Electronic Communications
Visiting the Site or sending emails to Daily Glee constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You agree to receive promotional, transactional and commercial communications from Daily Glee through email or SMS.
Links to Third-Party Sites/Third-Party Services
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Daily Glee may share such information and data with any third party with whom Daily Glee has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
You understand and acknowledge that the Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Daily Glee and Daily Glee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Daily Glee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Daily Glee of the site or any association with its operators.
You are advice to seek professional advice or use your independent judgment while using, accessing and interacting with Linked Sites at your own risk.
No Unlawful or Prohibited Use/Intellectual Property
All user interfaces, visual interfaces, photos, videos, text, graphics, trademarks, logos, symbols, and images as well as the compilation thereof, and any software, scripting and computer code used on the Site (collectively, “Content”) including but not limited to the design, structure, selection, coordination and arrangement of such Content contained on the Site, are the property of Daily Glee, its licensors, or its suppliers and protected by U.S. and international copyright, patent, trademark and other applicable laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Subject to your compliance with terms of this Agreement, Daily Glee grants you a limited, a non-exclusive, non-transferable, license to access and use the Site, without the right to sublicense, to access and use the Services, to access, use and view and print any Content. You warrant not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not copy, reproduce, upload, post, publicly display, encode, translate, modify, republish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, or distribute in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise content found on the Site, without Daily Glee’s express prior written consent. Daily Glee’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Daily Glee and the copyright owner. You agree and acknowledge that you have not acquired any ownership rights in any protected content. You agree and acknowledge that you do not have any licenses, express or implied, to the intellectual property of Daily Glee or our licensors except as expressly authorized by these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Daily Glee agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding brought by any third party arising under this Agreement. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the Northern District of California.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAILY GLEE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAILY GLEE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAILY GLEE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILY GLEE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DAILY GLEE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR DAILY GLEE SERVICES. YOU ASSUME THAT TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
If, notwithstanding the other provisions of this Agreement, Daily Glee is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, Daily Glee’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Daily Glee (but not including the purchase price for any Daily Glee’s products), or (2) US$100.00, whichever is less. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Legal Disclaimer
The Site contains a great deal of content regarding legal and other related matters. The content has been prepared for educational and informational purposes only and does not provide legal, tax, or accounting advice or opinions on any specific matters. Transmission of information over the internet is not intended to create, and receipt does not constitute, an attorney-client relationship between Daily Glee, the author(s) or the publisher(s), and you. You should not act or refrain from acting on any legal matter based on content without seeking professional counsel.
Indemnity
You agree to defend, indemnify, and hold Daily Glee, its subsidiaries, affiliates and associates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the service or content; (ii) your violation of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of these Terms or your use of the Service.
Export Control and Economic Sanctions Laws
On agreeing to use our services and products, You agree to comply fully with all U.S. and foreign export control and economic sanctions laws and regulations including but not limited to restrictions on any use of the service where data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Violation of this Agreement
Violations of this Agreement may result in civil or criminal liability. Daily Glee reserves the right (but has no obligation) to investigate occurrences that may involve such violations and, in Daily Glee’s sole discretion, take appropriate action against you if you violate this Agreement. Such action may include, without limitation, refusing to provide you access to and use of the Site, reporting you to law enforcement authorities, and taking legal action against you.
If Daily Glee does take any legal action against you as a result of your violation of this Agreement, Daily Glee will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Daily Glee. You agree that Daily Glee will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this Agreement.
Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within thirty (30) days after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Daily Glee and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Severability
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, then the void or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
Waiver
Any waiver by Daily Glee of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Daily Glee to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive Daily Glee of the right to insist upon strict adherence to that term or any other term of this Agreement.
Termination
We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement. Upon any termination of the Agreement by either you or Daily Glee, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
Site geographical access
Although the Site is accessible worldwide, not all features referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Daily Glee reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Changes to Terms
Daily Glee reserves the right, in its sole discretion, to change the information in the Site without notice to you. The most current version of the Terms will supersede all previous versions. Daily Glee may also make improvements and/or changes in serices or features of the Site at any time without notice to you. Daily Glee encourages you to periodically review the Terms that may affect you to stay informed of our updates. Your continued use of the Site will signify that you are in agreement with such changes.
Contact Us
Daily Glee welcomes your questions or comments regarding the Terms. Please feel free to contact us at:
Inchakra Inc. CA,
16192 Coastal Highway,
Lewes Delaware 19958,
USA – 95054
Inchakra Global Pvt. Ltd.
403, Silver Arch, M. V. Road,
Andheri East, Mumbai-400069,
Maharashtra, India.
Email Address: support@dailyglee.com