Terms & Conditions
YOU UNDERSTAND THAT BY USING THE APPLICATION/ WEBSITE, YOU AGREE TO BE BOUND BY THE PREVALENT TERMS. PEOPLE UNDER THE AGE OF 18 YEARS, OR SUCH OTHER AGE AS MAY BE PRESCRIBED BY LAW FOR MINORS, SHALL USE THE APPLICATION/ WEBSITE UNDER THE GUIDANCE OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE APPLICATION/ WEBSITE.
The Application/ Website is an online platform/ mobile application meant to provide professional advice on nutrition and health, based on the information provided by the User or otherwise (‘services’). This document contains the various terms and conditions that must be adhered to in order to use and interact with the application/ website.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Application/ Website (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from us and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to us, to the User.
- You understand that for the effective provision of our services, we may contact you through third party platforms, such as ‘Zoom’, ‘Skype’ and/ or ‘WhatsApp’, based on the information shared by you with us.
- You understand that the advice received through the use of our website/ application/ services is not a substitute for medical advice and our specialists/ nutritionists do not provide any medical treatment, or diagnosis of any disease or medical condition. The assessments, if any carried out by us are intended solely to provide the services. Any assessment methods that the client takes part in will serve as a guide to help him/her in the development of an appropriate nutrition and health program tailored to his/her individual needs and help him/her monitor progress in meeting these goals. We may therefore provide both general and tailor-made nutrition and health program. You understand that, payment once made for any nutrition and health program chosen by You over our website/ application is non-refundable under any circumstances whatsoever.
- It is the client’s responsibility to decide which dietary and lifestyle changes to follow and to discuss any potential risks and benefits of these changes with us and the client’s other healthcare provider(s). It is important that the client keep the other member(s) of his/her healthcare team informed of any changes to the client’s nutrition and health program as a result of working with us. You understand that we do not have control over how you may use the information provided and, therefore, we shall not be held responsible/ liable for your actions.
- For the provision of certain services, such as personal counselling, you shall be required to book an appointment on our website/ application. You understand that such booking does not guarantee an appointment and the same shall be subject to the decision of the practitioner. However, reasonable endeavour shall be made to apprise you of any change, including cancellation, in a booked appointment. While complete refund will be issued in case an appointment is cancelled from our end, in case of a no show by the user, no refund shall be issued.
- All payments made on our application/ website may be done through the modes made available for the said purpose on our application/ website. You agree to pay all charges at the prices then in effect for your Services and any applicable taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We shall not be responsible for any errors by the payment processor.
- You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.
- In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Website/ Application.
- We grant you a personal, limited, non-exclusive license to use and access our content, material and data as made available on our application/ website/ services subject to these Terms. However, we may limit or terminate your license to access our application/ website/ services at any time and for any reason without any notice. Unless otherwise provided hereunder, we have the absolute right, but not the obligation, to remove any content on our application/ website/ services. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Except as expressly provided in these Terms, this license will not confer any right on you to use automated technology to copy or post content available on our application/ website/ platform for the purpose of making derivative works.
- You shall not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
- You agree not to use the Application/ Website to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; (f) post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; (g) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (h) make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (i) violate any of the terms specified under the Terms for the use of the Application /Website/Services/products; (j) make available any content that is harmful to children, infringes any patent, trademark, copyright or other proprietary rights, violates any law for the time being in force, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation, is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. You agree not to use the Site or Mobile Application to send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Us in our sole discretion.
- Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard, and that you are singularly in charge of any harm to your PC or different gadgets for any loss of information that may come about because of the download of such substance.
- You agree to defend, indemnify and hold harmless Nutritious Bites, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/ Services; (ii) Your violation of any term of these Terms or any other policy of Nutritious Bites; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This indemnification obligation will survive these Terms.
- In no event shall the Application/ Website, its officers, directors, employees, partners, affiliates, or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/ Website. In no event shall our total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed INR 2,000/-.
- Any violation by You of the terms of the terms may result in immediate suspension or termination of your use of the Website/Application apart from any legal remedy that We may avail including an adequate remedy in money or damages. Violation of these terms could also result in civil or criminal liability under applicable laws.
- Any unlawful information stored, posted, published by you on our application/ website/ platform, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, is liable to be deleted with immediate effect upon receiving actual knowledge with respect thereto from a court of competent jurisdiction or on being notified by the Appropriate Government (as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
- DISCLAIMER: THIS APPLICATION/ WEBSITE, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE/ APPLICATION, PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE PRODUCTS OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION OR THE SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE PRODUCTS/ SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
- All notices served by Us shall be provided via email to Your account or as a general notification on the Website/ Application. Any notice to be provided to Us should be sent to email@example.com.
- You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms however are freely transferable to any third parties without the requirement of seeking Your consent.
- We shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, epidemics, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by the Application/ Website may be deferred for a period equal to the time of such delay.
- If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by it of that provision or right.
- We are not liable for any infringement of intellectual property arising out of the material posted on, or transmitted through, or advertised on our application/ website, by users or any third party.
- We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at firstname.lastname@example.org