Disclaimer

1. Nature of This Platform and Identity of Operator

This website, mobile application, and all associated digital platforms (collectively, the "Platform") are operated by or under the authority of Dr. Kunal Sarkar and/or his authorised entities ("Dr. Sarkar", "we", "us", "our"). The Platform represents the educational and informational brand of Dr. Kunal Sarkar and operates independently and separately from his formal medical practice, clinical establishment, or any registered clinical care setting.

By accessing or using this Platform, you ("User", "you") unconditionally agree to these Terms of Use ("Terms"), which constitute a legally binding agreement under the Indian Contract Act, 1872. If you do not agree to these Terms in their entirety, you must immediately discontinue use of this Platform.

2. No Doctor-Patient Relationship

3. Educational Content — No Warranties or Guarantees

All Content on this Platform is provided on an "as is" and "as available" basis, without any representation, warranty, or guarantee of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, or non-infringement.

Dr. Sarkar expressly disclaims all warranties to the fullest extent permitted under the Consumer Protection Act, 2019, and the Information Technology Act, 2000. Results and outcomes from following any health protocol or recommendation featured on this Platform may vary significantly from person to person, and no specific health outcome is guaranteed or implied.

Nothing on this Platform shall constitute an advertisement or solicitation in violation of the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954, or the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 issued under the Consumer Protection Act, 2019.

4. User's Assumption of Risk and Personal Responsibility

By using this Platform and engaging with any Content, you expressly acknowledge, accept, and agree that:

• (a) You are solely and exclusively responsible for all health, dietary, lifestyle, and medical decisions you make in connection with or reliance upon the Content of this Platform.
• (b) You assume all risks associated with implementing any health protocol, dietary change, supplement use, or wellness practice referenced on or linked from this Platform.
• (c) You have independently verified the suitability of any health-related information for your specific medical condition and circumstances, with the assistance of a qualified medical professional.
• (d) Certain practices, protocols, or recommendations may be unsafe, unsuitable, or contraindicated for individuals with pre-existing medical conditions, pregnant or nursing women, minors, elderly persons, or immunocompromised individuals.

This assumption of risk and personal responsibility forms a material part of the agreement between you and Dr. Sarkar, and constitutes lawful consideration under the Indian Contract Act, 1872.

5. Limitation of Liability

To the fullest extent permissible under applicable Indian law, Dr. Kunal Sarkar, his authorised entities, employees, associates, contributors, and agents (collectively, "Protected Parties") expressly disclaim and shall not be liable for:

• (a) Any direct, indirect, incidental, consequential, special, exemplary, or punitive loss or damage of any nature whatsoever, including but not limited to personal injury, bodily harm, aggravation of a pre-existing medical condition, loss of profits, loss of data, loss of goodwill, or economic loss;
• (b) Any adverse effects, health complications, or outcomes arising from the use of, reliance upon, or implementation of any Content, protocol, product recommendation, or supplement information featured on this Platform;
• (c) Any interruption, suspension, delay, or unavailability of the Platform or its Content.

Nothing in this clause shall operate to exclude or restrict liability for death or personal injury caused by the gross negligence or wilful misconduct of Dr. Sarkar in the direct provision of regulated medical services, to the extent that such exclusion is not permitted by law.

Where liability cannot be fully excluded under the Consumer Protection Act, 2019, or any other statute, it shall be limited to the amount, if any, paid by the User for the specific product or service giving rise to the claim.

6. Third-Party Links, Products, and Services

This Platform may contain links, references, or recommendations relating to third-party websites, products, services, or resources. Such links and references are provided for convenience and general informational purposes only and do not constitute an endorsement, approval, sponsorship, or affiliation with any third party.

Dr. Sarkar and the Protected Parties expressly disclaim all responsibility and liability for the accuracy, completeness, legality, safety, suitability, availability, quality, or outcomes associated with any third-party resource, product, or service accessed through this Platform. Users access third-party links at their own risk.

Any commercial transaction entered into by a User with a third-party service or product provider is solely between the User and that provider. Dr. Sarkar shall have no liability in respect of any such transaction under the Sale of Goods Act, 1930, the Consumer Protection Act, 2019, or any other applicable law.

7. Supplement and Nutrition Information

Any information relating to dietary supplements, nutraceuticals, vitamins, minerals, or herbal products featured on this Platform is provided for general educational purposes only. Such information does not constitute a prescription, clinical recommendation, or endorsement. All supplement-related decisions should be made in consultation with a licensed medical practitioner or registered dietitian. Dr. Sarkar disclaims all liability for adverse effects, interactions, or complications arising from supplement use.

Information regarding supplements is shared in compliance with the Food Safety and Standards Act, 2006, and the regulations framed thereunder by the Food Safety and Standards Authority of India (FSSAI). No claim on this Platform is intended to diagnose, treat, cure, or prevent any disease within the meaning of the Drugs and Cosmetics Act, 1940.

8. Intellectual Property Rights

All Content on this Platform, including but not limited to text, graphics, logos, images, audio-visual materials, health protocols, programme materials, and data compilations, are the exclusive intellectual property of Dr. Kunal Sarkar and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and all other applicable Indian and international intellectual property laws.

Unauthorised reproduction, distribution, modification, creation of derivative works, commercial exploitation, or public communication of any Content without the prior written consent of Dr. Sarkar constitutes an infringement of intellectual property rights and may attract civil remedies under the Copyright Act, 1957, and criminal liability under Section 63 thereof, as well as liability under the Information Technology Act, 2000.

9. User Conduct and Prohibited Activities

Users agree not to use this Platform for any purpose that is unlawful, fraudulent, harmful, or in violation of these Terms or any applicable Indian law. Without prejudice to the generality of the foregoing, Users shall not:

• (a) Use the Platform in any manner that causes or may cause damage to the Platform or impairs its availability or accessibility;
• (b) Upload, transmit, or distribute any content that is defamatory, obscene, pornographic, hateful, discriminatory, or in violation of any Indian law, including the IT Act, 2000, or the Indian Penal Code, 1860;
• (c) Attempt to gain unauthorised access to any part of the Platform, its servers, or any data or systems connected to it, which may constitute an offence under Section 43 and Section 66 of the IT Act, 2000;
• (d) Misrepresent any affiliation with Dr. Sarkar, or impersonate him or any member of his team.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict-of-law principles.

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the use of this Platform ("Dispute"), the parties shall first attempt to resolve such Dispute through good-faith negotiation within 15 (fifteen) days of written notice.

If the Dispute is not resolved through negotiation, it shall be referred to mediation under the Mediation Act, 2023. If mediation fails within 30 (thirty) days of commencement, the Dispute shall be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 (as amended), by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be [Insert City], India, and proceedings shall be conducted in the English language.

Subject to the above, the courts of competent jurisdiction at [Insert City], India shall have exclusive jurisdiction over any matter not subject to arbitration.

11. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable under any applicable Indian law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

12. Amendments

Dr. Sarkar reserves the right to amend, update, or modify these Terms at any time without prior notice, subject to applicable law. The revised Terms will be effective from the date of publication on this Platform. Your continued use of the Platform following any amendment shall constitute your acceptance of the revised Terms.

13. Contact and Grievance Officer

For any queries, complaints, or concerns regarding these Terms or the Content on this Platform, please contact:

Grievances relating to personal data shall be addressed in accordance with the Digital Personal Data Protection Act, 2023. All other complaints shall be addressed within 30 days of receipt.