Terms and Conditions of Service
General
NutriMaster website (the “Website”), NutriMaster mobile application (the “App”),
and other related products (collectively, the “Service”) are operated by the owner of this (“NutriMaster,” “we,”
or “us”).This Terms and Conditions of Service (“Agreement” or “Terms”) is legally binding between you and the
owner of this Service. If you are entering into this Agreement on behalf of a business or other legal entity,
you represent that you have the authority to bind such legal entity to this Agreement, in which case the terms
“User”, “you” or “your” will refer to such legal entity. If you do not have such authority or if you do not
agree to the terms of this Agreement, you must not accept this Agreement and should not access or use the
Service. By accessing and using the Service, you acknowledge that you have read, understood and agree to be
bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and us, even
if it is in electronic form and not physically signed by you and governs your use of the Service.
Description of Service
The Service allows users to access educational content designed to deliver
publicly available information regarding the nutrition of food products and overall human wellness. The owner of
NutriMaster may, in its sole discretion and at any time, update, modify, suspend, improve or discontinue any
aspect of the Service, temporarily or permanently.
Use of the Service
Our goal is to create a positive, useful and safe user experience. You are
responsible for your use of the Service, as well as for any use of the Service made using your account.The
Service and the information provided within is only available for your private use and is not intended for
commercial use. Do not misuse the Service, so that either NutriMaster or anyone else is harmed in any way.
By
using our Service, you agree that:
- All of the personal data provided by you (including but not limited to
the pictures, names, locations and email IDs) is accurate and up to date.
- Your membership, including your
email and password, within the Service, is personal and may not be transferred or used by someone else. You are
responsible for storing your login details in a safe manner. NutriMaster is not in any way responsible for any
loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or
suspect any unauthorized use of your account, you must immediately inform NutriMaster’s Customer Service.
Contact details are available at the bottom of this document.
- NutriMaster is not intended for use by
persons under the age of 18. To use the Service, you must be at least 18 years old.
Violation of any of these
Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you
will not get a refund.You are not allowed to engage in any commercial activities, advertise and/or provide hints
(such as links) on where commercial activities are present through our Service.
- You must not engage in any
unlawful activities on the Service, such as (but not limited to) contributing with information which in any way
contains or involves incitement to racial hatred, defamation, harassment, child pornography or pornography.
-
If you have any criticism or feedback regarding NutriMaster or our Service, to firstly contact NutriMaster to
help us to improve our Service.
- You may not transmit, and/or distribute files that may damage NutriMaster
or others’ computers or property (such as viruses and trojan horses).
- You must not copy, create a
derivative work of, or modify another app to falsely imply that it is associated with NutriMaster and the
Service.
- You must not upload, post, email, transmit, forward, provide links to, or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” ”chain letters,”
”pyramid schemes,” or any other form of solicitation to any the Service's users and/or to NutriMaster.
- You
must not interfere with or disrupt the Service or servers or networks connected to the Service such as the
transmission of worms, viruses, trojan horses or any code of a destructive nature applicable to local, state,
national, or international law.
- You must not, in using NutriMaster, intentionally or unintentionally
violate any application of local, state, national, or international law.
- You may not use or share others’
personal information, without their approval.
Additional terms and
conditions
If additional terms and conditions apply to the App or Website, we will provide
you with the opportunity to read them during your use. By using the Service, you agree to be bound by the
Additional Terms.
Registration
In connection with your registration and use of the Service, you agree to provide
accurate, current and complete information about you and/or your organization as requested by NutriMaster; to
maintain the confidentiality of your password and other information related to the security of your account; to
maintain and promptly update any registration information you provide to NutriMaster, to keep such information
accurate, current and complete; and to be fully responsible for any use of your account and for any activity
that occurs through.
You can at any time choose to cancel/end your account at your convenience.
Your representations and
warranties
You represent and warrant to NutriMaster that your access to and use of the
Service will comply with these Terms and all applicable laws, rules and regulations of the United States and any
other applicable jurisdiction, including those relating to online conduct or acceptable content, and those
relating to the transmission of data or information exported from the United States and/or the jurisdiction in
which you reside.
You represent and warrant that you are not: organized under the laws of, doing business in,
or otherwise resident in a country or territory that is subject to comprehensive
Submission of Content
As a condition of submitting or publishing any ratings, reviews, information,
data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the
Service (collectively, “Content”), you hereby grant NutriMaster a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive, transferable and sublicensable license to reproduce, copy, adapt, modify,
merge, distribute, publicly display and create derivative works based on the Content, incorporate the Content
into other works and sublicense the Content at multiple levels. You acknowledge that this license may not be
terminated by you after your Content is made available on the Service. You represent that you own or have
secured all legal rights necessary for the use of the Content you provide by you, NutriMaster and others as
described and otherwise provided in these Terms.You will not upload, display or otherwise make available on or
through the Service any Content that: is libelous, defamatory, abusive, threatening, harassing, hateful,
offensive or otherwise violates any law or the rights of any third party (including copyright, trademark, right
of privacy, publicity or other personal or proprietary rights); in the opinion of NutriMaster, is objectionable,
restricts or inhibits any other person's use of App or Website, or may cause any harm or expose NutriMaster or
its users to any liability.
Indemnification
You agree to defend, indemnify and hold harmless owner NutriMaster from and
against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including
attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made
to us (as part of these Terms or otherwise), your breach of any of these Terms, or any claim that any
translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
License for the App
Subject to these Terms, NutriMaster grants you a non-transferable, non-exclusive
license to download, install and use one copy of the App in object code form only on an interactive wireless
device owned or controlled by you. You may not obtain or attempt to obtain the source code of all or any part of
the App, permit any third party to obtain or attempt to obtain such source code, or reverse engineer, decompile,
disassemble the App or any part thereof. NutriMaster and its licensor owns and retains all intellectual property
and other rights in and to the App and any changes, modifications, or corrections thereto.
The following
terms and conditions apply to you only if you use the App from the Apple App Store. If other terms and
conditions of these Terms are less restrictive than or otherwise conflict with the terms and conditions of this
paragraph, the more restrictive or conflicting terms and conditions of this paragraph shall control, but only
with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms are solely between you
and NutriMaster, and not Apple, and that Apple is not responsible for the App or its content. Your use of the
App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any
maintenance or support services with respect to the App.
If the App does not meet any applicable warranty,
you may notify Apple, and Apple will refund your purchase price for the App, if any. Apple has no other warranty
obligations with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses
related to any failure to conform to any warranty are governed solely by these Terms.
You and NutriMaster
acknowledge that Apple is not responsible for any claims made by you or any third party relating to the App or
your possession and/or use of the App (product liability claims; claims for failure of the App to comply with
any applicable legal or regulatory requirements; claims arising under consumer protection or similar laws).
You
and NutriMaster acknowledge that in the event of a claim by a third party that the App or your possession and
use of the App infringes a third party's intellectual property rights, the owner and developer of NutriMaster,
and not Apple, will be solely responsible for investigating, defending, settling, and resolving any such
intellectual property infringement claim to the extent permitted by these Terms.
You must comply with
applicable third-party terms and conditions when using the App.
You and NutriMaster acknowledge and agree
that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your licence to
the App, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have
accepted this right) to enforce these Terms against you as a third-party beneficiary.
In-App Purchases
In the App, you may purchase for "real" money a limited, personal,
non-transferable, non-sublicensable, revocable license to use "virtual currency", including but not limited to
virtual broccoli, solely for use in the App; and “virtual in-app items” (together with “virtual currency” to be
refered as “Virtual Items”). You may purchase Virtual Items through the App only.
NutriMaster may manage,
adjust, control, modify or remove Virtual Items at any time, with or without notice. NutriMaster may update the
prices of the Virtual Items at any time in its sole discretion and may add new Virtual Items for an additional
fee. NutriMaster shall not be liable to you or any third party if NutriMaster exercises such rights.
The
transfer of Virtual Items is prohibited, except as expressly permitted in the App. Except as expressly permitted
in the App, you may not sell, redeem, or otherwise transfer Virtual Items to any person or entity, including,
but not limited to, a company, another user or any third party.
You agree to pay all fees and taxes incurred
by you or anyone using the NutriMaster account registered to you. NutriMaster may revise the prices of products
and services offered through the Service at any time. All information that you provide in connection with a
purchase, transaction or other monetary interaction through the Service must be accurate, complete, and current.
You also agree to pay all charges incurred by users of your credit card, debit card or other payment method used
in connection with a purchase, transaction, or other monetary interaction through the App at the prices in
effect at the time such charges are incurred. You will pay any applicable taxes, if any, associated with any
such purchases, transactions or other monetary transactions.
Payment systems
All financial transactions made in connection with the App will be processed by a
third party in accordance with its respective terms of use, privacy policy and/or any applicable payment terms.
We recommend that you familiarise yourself with the practices of such third party. NutriMaster is not
responsible for the acts or omissions of any third party, including, but not limited to, system downtime or
interruptions in payment services.
Refund Policy
All payments are non-refundable. Once payment is completed, Virtual Items
purchased within the App cannot be cancelled and are not eligible for refunds or credits. NutriMaster reserves
the right to issue refunds or credits at our sole discretion on a case-by-case basis. The provision of a refund
or credit by NutriMaster in one instance does not obligate NutriMaster to provide a refund or credit in the
future, under any circumstances.
Third-Party Links, Sites, and
Services
The App and Website may contain links to third-party websites, advertisers,
services, special offers or other events or activities that are not owned or controlled by NutriMaster. We do
not endorse and are not responsible or liable for any such third-party sites, information, materials, products,
or services. If you access any third-party NutriMaster website, service, or content, you understand that these
Terms and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that
NutriMaster shall not be responsible or liable, directly, or indirectly, for any damage or loss arising from
your use of or reliance on any such third-party web site, service, or content.
The App and Website may
contain advertisements that may be targeted to the Content or information in the App and Website or other
information. The types and number of advertisements that NutriMaster places in the App or Website may vary. In
exchange for NutriMaster providing you with access to and use of the Service, you agree that NutriMaster and its
third-party suppliers and partners may display such advertisements in connection with the display of content or
information provided by you or others.
No representations or warranties made
by NutriMaster
The Service, including all images and other content therein, and any other
information, property and rights granted or provided to you by NutriMaster are provided to you on an “as is”
basis.
NutriMaster and its suppliers make no representations or warranties of any kind with respect to the
service, either express or implied, and all such representations and warranties, including warranties of
merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without
limiting the generality of the foregoing, NutriMaster does not make any representation or warranty of any kind
relating to accuracy, service availability, completeness, informational content, error-free operation, results
to be obtained from use, or non-infringement. Access and use of the Service may be unavailable during periods of
peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some
jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
To the fullest extent permitted by law, in no event shall NutriMaster be liable to
you or any third party asserting a claim through you (whether in contract, tort, strict liability strict
liability, or other theory) for any incidental, special, consequential, or indirect damages arising out of or in
connection with access to, use of, or performance of the Service or any part thereof, including, without
limitation, loss of use of the service, loss of use of the service, inaccurate results, loss of profits,
business interruption or damages resulting from loss or corruption of data or provision of inaccurate data, cost
of restoring any data, cost of replacement services, or third party claims for any damage to computers,
software, modems, telephones or other property, even if NutriMaster has been advised of the possibility of such
damage.
To the fullest extent permitted by applicable law, NutriMaster's liability to you or any third party
making a claim against you for any reason, regardless of the form of action, is limited to the amount you paid
for services during the 12 months prior to the initial act that gives cause to the claimed liability. This is an
aggregate limit. More than one claim under this agreement will not increase this limit.
Termination
NutriMaster may terminate your access and use of the Service immediately at any
time, for any reason, and at such time you will have no further right to use the Service. You may terminate your
NutriMaster account at any time by following the instructions available through the App.
Proprietary Rights in Service Content
and Activity Materials
All content available through the Service, and arrangement, are the proprietary
property of NutriMaster. No Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part,
other than as expressly permitted in these Terms. You may not use any data mining, robots, scraping, or similar
data gathering or extraction methods to obtain Content. As between you and NutriMaster, all data, information,
and materials generated from your access and use of the educational quizzes made available on or through the
Service (“Activity Materials”), shall be exclusively owned by NutriMaster, and you shall not have any right to
use such Activity Materials except as expressly authorized by these Terms. By using the Service, you hereby
assign to NutriMaster all rights, title, and interest, including any intellectual property rights or proprietary
rights, in the materials. All rights of NutriMaster that are not expressly granted in these Terms are reserved
to NutriMaster.
Privacy Policy
The use of the Service is also governed by our Privacy Policy, a copy of which is
available at
www.nutrimaster.app/privacy-policy.
By using the Service, you agree to the terms of the Privacy Policy.
Promotion Code Terms
NutriMaster may offer codes that can be redeemed for certain Service (“Promotion
Codes”). Unless otherwise advertised, Promotion Codes are subject to the following terms, in addition to all
other Terms. By using or redeeming a Promotion Code, you accept and agree to all applicable terms.
Promo
Codes have no dollar value and cannot be redeemed for cash or refunds for an existing subscription or previous
purchase.
You may redeem each Promotional Code only once.NutriMaster may modify, suspend, or terminate a
Promotional Code at any time for any reason.
Resale or transfer of Promotional Codes is strictly
prohibited.
Any Promotional Codes that have been resold or transferred are void.
If any Promotional Code
is used or misused in violation of this section or other applicable terms, NutriMaster may revoke such
Promotional Code and terminate any Service obtained through such Promotional Code without refund or exchange of
any kind. If NutriMaster determines that a user is abusing any applicable terms, NutriMaster may prohibit such
user from redeeming or using Promotional Codes.
Notification of copyright
infringement
If you are a copyright owner and you believe in good faith that any material made
available through the Application or the Website infringes your copyright, you may send us a copyright
infringement notice under the Digital Millennium Copyright Act by providing us with a Letter covering the
following:
- An electronic or physical signature of the copyright owner or a person authorized to act on
behalf of the copyright owner, with the address, telephone number, and e-mail address.
- A description of
the copyrighted material that you believe has been infringed and its location in the App or on the Website.
-
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law.
- Justification of your copyright.
- A statement that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright
owner.
Your letter should be submitted to
admin@nutrimaster.app.
You acknowledge that if you fail to comply
with all the requirements of this section your notice may not be valid.
If you believe the content that was
removed or to which access was disabled is not infringing, or that you have the authorization from the copyright
owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a
counter-notice to the email address listed above. We will forward it to the party who submitted the original
claim of copyright infringement. Please note that when we forward the counter-notification, it includes your
personal information. By submitting a counter-notification, you consent to having your information revealed in
this way. We will not forward the counter-notification to any party other than the original claimant.
Dispute Resolution
Any disputes or claims related to these terms and conditions shall be resolved by
peaceful good faith settlement of the dispute by telephone or video conference. User must participate in the
conference in person. If the dispute is not settled at this conference, the settlement will be carried out on a
general basis.
Disclaimer
You are responsible for your own health. The information available to you on or
through the Service is not a substitute for a medical advice or for the services trained professionals in any
pertinent field. NutriMaster Service is not a medical organization, and we do not provide you with any medical
or other advice. The purpose of the Service is solely to help our users expand their knowledge of nutrition. The
information provided through the Service should be used for entertainment and educational purposes only. Our
Service are only intended to provide with the publicly available nutrition and wellness information for healthy
adults. Your must not use our Service if you suffer from, or might suffer from, any medical condition that may
be impaired by a diet, an eating regimen or an exercise. Always consult with your physician before
starting/adopting a diet, an eating regimen or a fitness program or if you experience any pain or discomfort.
NutriMaster cannot guarantee any health, weight and/or fitness results or improvements.
The nutrition
information presented with the Service was obtained from publicly available resources and has not been verified,
researched or reviewed by us. NutriMaster cannot guarantee that the nutritional information provided in our
service is accurate, reliable or complete. NutriMaster is not responsible for any personal injury or any other
damages that may arise, directly or indirectly, as a result of any use or misuse of the Service.
Language
This agreement was originally written in English. To the extent any translated
version of this agreement conflicts with the English version, the English version controls.
Other
These Terms constitute the entire agreement between the owner of NutriMaster and
you with respect to the subject matter hereof. If any provision of these Terms is found by a court or other
authority of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the
minimum extent necessary to enable these Terms to remain in full force and effect. The waiver by both parties of
any provision of these Terms or the breach thereof in one instance shall not constitute a waiver of such
provision or condition or of any subsequent breach. NutriMaster may assign its rights or obligations under these
Terms without condition.
Contact us
If you have any questions, concerns, or complaints regarding this Agreement, we
encourage you to contact us using the details below:
admin@nutrimaster.app.
For
any technical issues, please contact
techsupport@nutrimaster.app Last revised on
September 15
th, 2024.