Terms of Service

Last updated: May 30, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account refers to an account created for use within the App.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Agreement refers to this Terms of Service agreement which acts as a legal agreement between You and the Company for use of the Service.
  • App refers to the web-applications and mobile-applications created by Nutri-iQ Ltd.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Nutri-iQ Ltd., 44 Stanley Rd, Kirkdale, Bootle, Liverpool L5 2QB.
  • Country refers to: United Kingdom
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Service refers to the App & Website.
  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • User means anybody who has created an Account.
  • Website refers to Nutri-iQ, accessible from http://www.nutri-iq.net
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Limited License(s)

The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other terms of this Agreement.

Provision of Service

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that your usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law or this Agreement or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Service do not entitle you to the continued provision or availability of the Service.

Your Use of the Service

You agree not to transfer the Service. You may not modify, reverse engineer, decompile or disassemble the Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate Your license to the Service.

You furthermore agree that:

You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.

Without limiting any provision herein, You are responsible for any use of your credit card or other payment instrument by individuals that access your Account.

You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself.

You shall not have an Account or use the Service if You have previously been removed by the Company.

You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.

You shall not use your Account to engage in any illegal conduct.

When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that You will update that information promptly after it changes.

Ownership

The Service and Service-related content are protected by copyright, trademark, and other laws of the United States and foreign countries. The Company and its licensors exclusively own all right, title and interest in and to the Service and Service-related content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and Service-related Content.

User Licenses

“User Content” means any communications, images, writings, creative works, sounds, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code.

You hereby grant the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and expect all users of our Service to do the same. We prohibit copyright infringing activities on the Service and, if properly notified, will promptly remove or disable access to such files. If you believe that your intellectual property is being used on the Service in a way that infringes copyright, please provide our designated agent listed below with the following information required by the Digital Millennium Copyright Act:

  • Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identify of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Provide information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • Provide a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Deliver notice with the information specified above to the Company’s designated agent, whose contact information is as follows:

Shaun Herr, Designated Agent

Nutri-iQ Ltd., 44 Stanley Rd, Kirkdale, Bootle, Liverpool L5 2QB

shaun@nutri-iq.net

Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

Subscriptions and Payment

You may access and use the Service by either a free-of-charge service, or a monthly fee-based subscription (“Paid Subscription”).

If You are using a Paid Subscription, your online credit or debit card payments to the Company will be handled and processed by third party service (“Third-party Provider”) and none of the sensitive data in relation to your payment will be stored on or used by the Service. Notwithstanding the foregoing, only the last 4 digits of Your credit/debit card will be stored by the Company to let You know which card you are using towards your Paid Subscription. The Company shall not be liable for any payment or similar issues that arise due to the Third-party Provider. The Company may change the Third-party Provider from time to time. The current Third-party Provider used by the Company is Stripe.

The Company may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. By continuing to use the Service after the price change takes effect, you accept the new price.

If you sign up for the free trial, your credit card will not be charged until after your free trial is over. Subscriptions continue automatically after the free trial is over, but You can cancel your membership beforehand and still use the full duration of the free trial.

Site for Information Purpose Only and Does Not Provide Medical Advice

This Service offers health, diet and nutrition related information, but is designed for informational purposes only, and is not intended as a substitute for the advice provided by your physician, nutritionist, dietitian or other healthcare professional. This Service is not a certified weight loss program and does not provide any medical or health advice. If you have any concerns or questions about your health or the content on the Service, you should always consult with a physician, nutritionist or other health-care professional. You should not use the information within this Service for diagnosing or treating a health, nutrition or weight loss problem or disease, or prescribing any medication or other treatment. You should always speak with your physician, nutritionist or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Information may not be appropriate or satisfactory for your use, and you should verify all information before relying on it. Any decisions made based on information within the Service are your sole responsibility.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by visiting this page on our Website: https://nutri-iq.net/contact/