Welcome to the Terms & Conditions of NUTRITION DEFINED. Please read the following terms and conditions very carefully as your use of this App is subject to your acceptance of and compliance with the following terms and conditions (hereinafter referred to as “Terms”).
NUTRITION DEFINED is committed at providing services that relate to maintaining the overall wellness and nutrition of the body. NUTRITION DEFINED aims to enable its users and customers in attaining a healthy body-type, achieving realistic fitness goals. In order to achieve this, NUTRITION DEFINED has dedicated professionals that recommend dietary plans, workout routines and fitness regimes to its customers and users. However, the users are notified that despite every dietary plan and workout being carefully planned for the corresponding user after an in-depth study of their body type, the overall health of any individual depends on several factors, given that the nature of the human body is very dynamic. Every human body is different and therefore, whilst a set of nutritional diet plan coupled with a set of workout regime might work on one body type, the same may or not work on another body type. Thus, NUTRITIONAL DEFINED does not and cannot formally diagnose any type of heath condition or prescribe medication for the same, or undertake any medical treatment. The scope of work for NUTRITION DEFINED is only restricted to understanding the body type of its clients, studying their lifestyles and suggesting basic dietary and workout changes that can enable the clients to lead a healthier life.
agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and
agree that NUTRITION DEFINED does not make any promises or does not guarantee that its programs and services shall necessarily give the intended results to the clients.
You are responsible for compliance with the applicable laws.
ACCESS AND USE
All materials contained in this App and contents hereof are protected by trademark and copyright laws and must only be used only for personal and non-commercial purposes. This means that you may only view or download material from this App for your own use, as the case may be applicable, and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this App is STRICTLY PROHIBITED. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audio-visual material available on this App. The use of materials from this App on any other App or networked computer environment is similarly prohibited.
You are also strictly prohibited from creating works or materials that are derived from or are based on the materials contained in this App, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any message whatsoever submitted by you onto the App becomes the property of NUTRITION DEFINED and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NUTRITION DEFINED sees fit.
If unsolicited submissions are sent to NUTRITION DEFINED via this App, these submissions become the property of NUTRITION DEFINED and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NUTRITION DEFINED sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against NUTRITION DEFINED, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
OWNERSHIP OF RIGHTS
Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit permission. All information displayed, transmitted or carried on the App is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the all of the content on the App is owned and operated by the owners of the App. This App is designed, updated and maintained by us. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the App. Logos and Trade Marks are property of their respective owners.
ACCOUNT, PASSWORD, AND SECURITY
If the App asks you to make an account for yourself, for which you are required to set a password for the purpose of accessing your account, then you alone shall be responsible for maintaining the confidentiality of the said created password and account, and shall be fully responsible for all activities that occur under your password or account. You agree to immediately notify the App of any unauthorized use of your password or account or any other breach of security.
Ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree and undertake to use the App and the services offered on it only to provide information, post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using the App and its ancillary services, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including the owners of the App;
Not share, circulate, or publish, either in full or in parts portions of the Wellness Curated Programs offered to you on this App, with any third parties.
Since, for the purposes of complete availment of the services offered on this App, and for NUTRITION DEFINED to curate the best suited Wellness Plan for you, you shall be required to share your complete medical history, including and not limited to all information about past and present allergies, surgeries, immunizations, results of physical tests and exams, recurring medical prescriptions, health habits, current diet, and exercise, you agree to provide full closure of all such information and not fabricate or withhold any medical reports or test results. In case of such closure or fabrication or withhold of such pertinent information, you shall waive your legal right to hold NUTRITION DEFINED liable for any side-effects or after-effects that you feel pursuant to the availment of the services.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another’s computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
10.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service offered on the App;
11.Violate any applicable laws or regulations for the time being in force in or outside India; and
12.Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the App contained elsewhere herein.
COLLECTION OF VISITOR INFORMATION
The App shall ask for data including and not restricted to their name, email address, contact number, date of birth, gender, height weight and age. To establish the Medical history of a user, the App asks for information such as the blood group, level of physical activity of the user, blood test reports, medications, family medical history, and minor or major health complaints. To establish the food specifications of the user, the App shall ask questions relating to the diet preferences, diet history/recall and dietary patterns of the user.
For the analysis of the blood, the App asks for BCA, body measurements, etc.
It is to be noted that this list of information sought by the App from the user is not exhaustive and the App reserves the right to ask for other pertinent questions form the user that shall enable better delivery of services to the user.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the App are registered and unregistered Trademarks of App and others. Nothing on the App shall be construed as granting any license or right to use any Trademark displayed on the App without the prior written permission of the Trademark owner. Other product and company names mentioned in the App may be the Trademarks of their respective owners.
OTHER INTELLECTUAL PROPERTY
All other intellectual property rights related to the content, software, and technology included on the App or used in the operation of the Apps, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of App. Any use of these rights without the prior written permission of App is strictly prohibited.
Information on the App may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. App reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If App discovers price errors, they will be corrected on App’s systems, and the corrected price will apply to the service opted for by the user.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE, BY YOUR USE OF THE APPS, THAT SUCH USE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER APP OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR THE SERVICES AVAILABLE THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You authorize the App and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Apps. You represent and warrant that you are the only one who will make payments in connection with the App, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to App are non-refundable.
For all international clients, the exchange rate prevalent on the day of making the payment shall be made applicable.
PROHIBITED ACTIVITIES AND VISITOR OBLIGATIONS
In addition to the negative obligations of the user as set out under the Section: User’s Obligations, as a visitor or user of the App you shall not:
violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
Post any content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
use the App to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
.interfere with or otherwise limit the use of the App by other users; or collect, compile, or store personal information about other users of the Apps;
disrupt or interfere with the operation of the App by overloading or exceeding the capacity of the App or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the App or any affiliated or linked App;
disrupt or interfere with the security of, or otherwise cause harm to, the App or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the App or any affiliated or linked App;
use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the App or the content contained therein without App’s prior, express, and written permission; or
use the App for commercial purposes.
LINKED WEBPAGES AND ADVERTISING
NUTRITION DEFINED takes no responsibility for third party advertisements which are posted on this App, nor does it take any responsibility for the goods or services provided by its advertisers.
NUTRITION DEFINED reserves the right to immediately terminate your use of, or access to, this App at any time if NUTRITION DEFINED decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that NUTRITION DEFINED considers to be inappropriate or unacceptable. In such an event NUTRITION DEFINED reserves the right to take appropriate legal action against you.
You shall comply with all applicable domestic laws, statutes, bylaws, ordinances and regulations governing India regarding your use of our service on the App.
Except as explicitly stated otherwise, any notices shall be given by postal mail to NUTRITION DEFINED at 5/3 East Patel Nagar, New Delhi - 110008 or to the email address you provide to NUTRITION DEFINED during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified email to the email address provided to NUTRITION DEFINED during the registration process. In such case, notice shall be deemed given within an hour of sending out the email.
PRINCIPLES AND STANDARDS: RESPONSIBILITY TO THE PUBLIC
NUTRITION DEFINED shall be dedicated in providing competent and legally permissible services within the scope of the knowledge, skills & abilities of their course. These services shall be provided with integrity, competence, diligence and compassion.
NUTRITION DEFINED provides food nutrition and exercise information in a manner that is consistent with evidence-based science and medicine.
NUTRITION DEFINED respects the rights of clients, colleagues & health professionals and shall safeguard client confidences.
Information relating to the NUTRITION DEFINED-client relationship is confidential & will not be communicated to a third party not involved in that clients care without the prior consent of the client.
Applicant must have successfully completed 18 years of age and must have the necessary documents to prove the same. In case of school workshops provided by NUTRITION DEFINED, the workshop shall be applied for by any person associated with the school institution and shall be deemed to act in the capacity of a legal guardian of the children availing the workshop.
WAIVER & RELEASE OF LIABILITY
This agreement might contain a waiver and limitation of liability and indemnity agreement. You acknowledge receipt of a fully completed copy of this agreement executed by you and a copy of the rules and regulations. You agree to be bound by all those terms and conditions contained herein.
These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The App’s failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision.
This agreement shall be constructed in accordance with the laws of India.
In case of a dispute, both parties are free to refer the dispute to an arbitration. The arbitration proceedings shall be governed by the arbitration laws of India and the seat of the arbitration shall be New Delhi.
TERMS OF USAGE
The Nutrition Defined APP
We are the owner or the licensee of all intellectual property rights in our Plans and of all the information that is made available on this App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
If you access this Plan from somewhere outside of India, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
In these Terms, references to “you”, “User” shall mean the end user accessing the App, its contents and using the Services offered through the App. If you choose to abide by these terms , you accept that you are an 18 year old adult who seeks to subscribe to the services offered by NUTRITION DEFINED either for yourself or seek for someone who is not lesser than 18 years, in the capacity of being their Guardian or Legal Representative.
III. CONTENT OF THE CURATED WELLNESS PLANS
The material or information as provided under the Wellness Curated Program or Workshops are subject to periodic changes and may include dietary elements that might not suit your body. NUTRITION DEFINED does not hold any responsibility of the accuracy and the outcome of the plan/program on your body.
You must not use any part of the content of the programs for any purpose other than your personal fitness and nutrition
IV. LIMITATION OF LIABILITY
NUTRITION DEFINED uses its best professional acumen to design the nutritional and health-oriented plans and regimes for its clients which are in line with the body-type of the corresponding client, however, since every human body is a distinct machinery and responds differently to the same treatment, NUTRITION DEFINED can make no warranties or representations that the suggested Plans shall result in the same positive effects to one client as that of the other.
Despite adopting maximum caution and precision in designing the plans and workshops, NUTRITION DEFINED shall accept no liability or responsibility for any loss including and not limited to allergies, side-effects suffered by you or anyone else in connection with the use of the Plans and Workshop and does not guarantee that the same shall not cause any deviation from the intended results. NUTRITION DEFINED excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Wellness Curated Plan and/or Workshop.
NUTRITION DEFINED shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, dietary preference or routines as mentioned under the services.
V. RESTRICTION TO USE THE CONTENT
NUTRITION DEFINED grants you the permission to do the following with the content of the prescribed Wellness Curated Plan and/or Workshop, unless otherwise indicated:
You could store a replica of its contents on your computer device for the sole purpose of viewing it so as to follow it
You could print hard copies of the contents for non-commercial use or personal use only, so as to keep it handy to follow.
B. NUTRITION DEFINED does not grant you the permission to sell, re-distribute and share the plans, either fully or in parts, with anyone else.
VI. FLOW OF THE PLAN ON THE APP
1. User downloads the App and logs in through their contact number.
2. Once the user is logged in, he/she is asked to enter his/her basic details like name, email Id, height, weight and age to begin.
3. After this stage, the user shall have the access to blogs/recipes/ health trackers available on the App and can then opt and choose and subsequently subscribe for the plans/workshops.
4. Once the user has subscribed for the plan on the App, his/her plan gets activated.
5. Post this, the user shall be sent with an on-boarding mail from NUTRITION DEFINED on his registered email address.
6. The next step shall be for the user to book their consultation with the coach at ND. The Team at NUTRITION DEFINED will take a period of 24 hours to curate the personalised dietary chart and lifestyle plan and the same shall then be shared with the user.
7. The user will have access to the App chat support throughout the validity of his Plan from 10 AM – 7PM, from Monday to Saturday so that they can avail real time support from the coaches at ND. The user will also have access to regular follow up sessions with their coach till the end of program duration.
VII. ABOUT THE PLAN
The nature of the Plan, (including the Wellness Curated Plan and/or Workshop) is such that it is created on the basis of the information you provide to us about your daily dietary routine and food preferences. Our Plans also cater largely to the nutrition levels of your body which are determined by your current height, weight, body type and daily activities level. You are required to provide all the accurate details relating to the same to us.
You are required to clearly indicate to us if you have a specific allergy to any food item and what your food preferences are, such as vegetarianism, non-vegetarianism, veganism, etc.
On the basis of the information that your share with us, we would curate a personal plan for you using our expertise and abled professional acumen.
We do not provide medical advice. When following a fitness or nutrition plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
Please note that we do not prescribe any medications or chemical formula based supplements. Our Plans only consist of an array of food items that have vital nutritive qualities. Along with this, we prescribe certain exercises that help in attaining and maintaining a certain body type. We do not guarantee the definite betterment of your health and a drastic change in your weight once you start following the prescribed Plan.
We require you to acknowledge that there is no straight jacketed formula to increasing/decreasing the body weight of an individual and no set number of days in which there is a guaranteed visible change in your weight. We endorse that a plan that might work well on one body type might not show significant changes and remark on another body type. Therefore, you agree to acknowledge that there is likelihood of no or almost insignificant amount of change on your body-type, if you agree to follow these Plan.
As specified above, our Plans would consist of a routine of dietary nutrition and physical training which would be curated according to your specific body type and would range from the different foods to be eaten, different forms of exercises to be done, the interval at which the food should be eaten and exercise should be done, repetition and amount of sets.
You must submit the correct information. We would provide a Detailed Assessment Form that will have to be carefully filled and submitted by you once you make the requisite payments as against the Plan.
Please ensure that you provide your correct Age, Height (feet) and weight (kg/lbs) on the questionnaire. We require the completed questionnaire as well as clear body shot photos that would apprise us better of your current body-type before we create the personalised Plan for you.
Once your chosen Plan begins, you will be in complete control of the results. In order to achieve success with this programme you need to follow it religiously: this includes meal portions, meal timings, training, etc. You would have a regular call with a professional from our team every week to take note of your progress. You will need to submit your updated weight, measurements and choose to submit your pictures to our assigned professional so that your weight/body composition can be assessed and the improvement can be ascertained.
Submitting your personal photos is a decision that you make for yourself, and we do not mandatorily require you to submit such pictures.
The privacy concerns with the photos that you may at your sole discretion provide to us would be taken extremely seriously, and we would take all reasonable precautions to ensure that those photos are stored securely. Nevertheless, to avoid any risks, we recommend that you to blur your face from your photos so that your anonymity is maintained while your correct height can still be ascertained.
If need be, we may ask your permission to publish your anonymous photos on our App and Social Media Pages. For the same, we would contact you to seek permission to publish your photos. We will always do this in writing, and, if we get your express written approval, you would grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
VIII. BINDING CONTRACT WITH YOU
A legally binding contract is formed by a valid offer and acceptance.
IX. SUSPENSION OF THE PLAN
A. For the reasons stated below, we may suspend the supply of the Plan to you.
To deal with technical problems or make minor technical changes; or
To update the Plan to reflect changes in relevant laws and regulatory requirements; or
To make changes to the Plan as requested by you or notified by us to you; or
If you do not pay at the time when you are supposed to.
B. We will not charge you for the Plan during the period in which it has been suspended.
X. REFUND POLICY
We shall charge you, fees as provided with the respective Program (“Program Fees”) as provided on the Website and in the Program term as amended from time to time.
The Program Fee shall be payable in advance for the full Program duration.
Activation of the Program(s) is subject to realization/receipt of the Program Fees.
The Program is non-transferable to another party.
All payments made for the Program are non-refundable and non-transferable.
Any applicable refund due to payment gateway failure or chargeback will be subject to the terms and conditions of the respective payment gateway.
Program subscriptions once made / placed, cannot be cancelled for any reason. There shall be no refunds. Since we do not hand out any items that could be prevented from being dispatched and in view of the fact that our dedicated hours go into developing your Plan as soon as you submit the Assessment Form to us, it is difficult for us to honour refunds to you if you choose to cancel your Plan subscription at the last minute. In view of the same, our App practises a strict NO REFUND POLICY.
XI. CONTRACT CANNOT BE ENDED BY YOU
You are required to make the payment for the full Plan/service one-time. Once you make the payment, we shall share every week’s instructions with you on your registered email address. Post receiving the instructions, the performance of our obligations would be deemed to be complete for that week. However if you face any issues regarding the instructions for that week, you may intimate us the same via the following mediums:
Whatsapp. Contact us on the whatsapp number provided to you.
Email. Email customer services as set out above.
Online. Contact us via the App.
XII. YOUR ISSUES WITH THE PRODUCT
If you have any questions or complaints about our service, please contact us by writing to us at firstname.lastname@example.org
XIII. PRICE AND PAYMENT
All payments must be paid for in advance. The payments are one-time payments.
If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused, a reminder email will be sent to you requesting that payment. This can be paid from your original payment method, directly into our account or by credit card.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
We are not liable for any charges that your bank may add to transactions.
We are not liable for business losses. We only give our services for domestic and personal use. If you use our services for any commercial, business or re-sale purpose, you would be held liable for breaching these terms which specifically state that these plans cannot be re-sold and if in doing so, you incur any loss of profit, loss of business, business interruption, or loss of business opportunity, we will have no liability to you.
You agree to indemnify, defend and hold harmless NUTRITION DEFINED from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
XV. GOVERNING LAW
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
Alternatively, you could also choose for an arbitration process as given under the Terms of Usage. The Arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996.
Assignment: We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Severability: If a court of competent jurisdiction finds part of this contract illegal, the rest will continue to be in force. Each of the paragraphs of these terms operates separately. If any court decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.