Terms and Conditions
Effective Date: August 1, 2024
The Agreement
The use of this website and services provided by Nutrihealth Genie (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), which are incorporated by reference along with the Privacy Policy. The Terms of Service govern your use of www.nutrihealthgenie.com (the “Website”), all pages on the Website, and any services provided by the Website (“Services”).
By accessing, either directly or through a hyperlink, the Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These apply to all users of the site, including vendors, customers, and contributors of content. You acknowledge and agree that your personal information will be used in accordance with our Privacy Policy, which outlines how your information is collected, used, and stored.
If you do not agree with this Agreement, please close your browser window to exit and discontinue using the Nutrihealth Genie online service.
1) Definitions
- Owner, Us, We: Nutrihealth Genie, its employees, and affiliates.
- You, the User, the Client: Any natural or legal person accessing the Website.
- Parties: Collectively, the Owner and You.
2) Assent & Acceptance
By using the Website, you warrant that you have read and agree to be bound by these Terms of Service. If you do not agree, please leave the Website immediately. Additional terms may apply depending on the Services obtained by a User.
3) About the Site
The Website offers services such as nutrition consultations, customized health plans, wellness programs, and more. The Website does not screen or censor users, and you assume all risks associated with interactions on the site. You agree to use the Website only for lawful purposes.
4) License to Use Website
The Owner grants you a non-exclusive, limited, non-transferable, and revocable license to use the Website and Services. Any unauthorized use terminates this license.
5) Intellectual Property
The Website and all Services provided are the property of the Owner, including copyrights, trademarks, and other intellectual property. You agree not to reproduce or distribute the Owner’s intellectual property without permission.
6) Payment & Fees
You agree to pay the specified fees for any products or services you register for or purchase. We reserve the right to refuse service or sales at our sole discretion.
7) Acceptable Use
You agree not to use the Website for any unlawful purposes or in a way that could damage the Website or Services. This includes but is not limited to:
- Harassing or threatening others
- Violating intellectual property rights
- Uploading viruses
- Engaging in fraudulent activities
- Distributing obscene or defamatory materials
The Owner reserves the right to terminate your use of the Website for violations.
8) Communication
By agreeing to these Terms, you consent to receive communications from Nutrihealth Genie via email or phone regarding products, services, and your requirements.
9) Assumption of Risk
The Website and Services are provided for informational purposes only. You acknowledge that any health advice or product purchases are at your own risk.
10) Sale of Goods/Services
We strive to be as accurate as possible with product descriptions. However, you agree that purchasing any product is at your own risk. Returns will be processed within 30 days of receipt of goods.
11) Reverse Engineering & Security
You agree not to reverse engineer or violate the security of the Website.
12) Data Loss
The Owner is not responsible for the security of your account or content. You use the Website at your own risk.
13) Indemnification
You agree to indemnify and hold Nutrihealth Genie harmless from any legal claims arising from your misuse of the Website or Services.
14) Spam Policy
You are prohibited from using the Website for spam activities, including collecting personal information or sending mass emails.
15) Third-Party Links & Content
Nutrihealth Genie may post links to third-party websites. You agree that we are not responsible for any loss or damage caused by your use of such third-party services.
16) Modification & Variation
Nutrihealth Genie may, at its discretion and without prior notice, modify these Terms of Service from time to time. By using our services, you agree that Nutrihealth Genie reserves the right to modify or revise these terms. Any changes will take immediate effect upon being posted on our website, and the updated Terms of Service will replace any previous versions, unless otherwise specified.
- If any portion of these Terms is deemed invalid or unenforceable by a court of law, the previous effective version of these Terms will be enforceable to the fullest extent permitted by law.
- You agree to regularly check these Terms of Service, noting the Effective Date to stay informed of any modifications. Additionally, you should clear your browser cache to avoid accessing outdated versions of the Terms. Your continued use of the Nutrihealth Genie website or services after modifications indicates your acceptance of the revised Terms.
- Failure to monitor updates or variations to these Terms shall constitute a waiver of your right to review any modified versions of the agreement.
17) Entire Agreement
This Agreement represents the entire understanding between you and Nutrihealth Genie regarding your use of our website. It supersedes all prior agreements or understandings, whether written or oral, relating to the use of the website.
18) Service Interruptions
Nutrihealth Genie may need to interrupt your access to the website to perform maintenance or emergency services, whether scheduled or unscheduled. You agree that such interruptions may occur and acknowledge that Nutrihealth Genie will not be liable for any losses or damages incurred as a result of downtime.
19) Term, Termination & Suspension
Nutrihealth Genie reserves the right to terminate these Terms of Service with you at any time, for any reason, with or without cause. If you violate any part of these Terms, including intellectual property violations, failure to comply with applicable laws, or publishing illegal material, Nutrihealth Genie may terminate your account. You may also request to terminate your account at any time by contacting us. Any outstanding fees remain payable after termination.
Upon termination, provisions expected to survive, by their nature, will remain in effect.
20) Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Nutrihealth Genie online service at your own risk. The service is provided "as is," and Nutrihealth Genie and its affiliates, employees, or directors expressly disclaim any and all warranties, express or implied, including but not limited to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee, or representation, whether oral, written, or electronic, including but not limited to the accuracy or completeness of any material on the service.
Nutrihealth Genie and its affiliates, employees, or directors do not represent or warrant that access to the Nutrihealth Genie online service will be uninterrupted or that there will be no failures, errors, omissions, or loss of transmitted information, or that no viruses will be transmitted through the Nutrihealth Genie online service.
Neither Nutrihealth Genie, any of its affiliates, employees, or directors, nor any of our or their respective licensors, licensees, service providers, or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials (including, without limitation, the subscribed services) in the Nutrihealth Genie online service in terms of their correctness, accuracy, reliability, or otherwise.
21) Disclaimer of Warranty and Limitation of Liability
Nutrihealth Genie and its affiliates, employees, or directors shall not be liable to you or any third party for any direct, indirect, consequential, or other damages allegedly suffered or arising out of your access to or inability to access the service, including for viruses allegedly obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action. If you are dissatisfied with any portion of our website, or with any provision of this agreement, or the subscribed services, your sole and exclusive remedy is to discontinue your use of the website. Nutrihealth Genie will not be held liable for any damages resulting from your use of the website or services. Our maximum liability is limited to the lesser of ₹1,000 (One Thousand Rupees) or the amount you paid to Nutrihealth Genie in the last six (6) months. This limitation applies to all claims, including lost profits, consequential damages, and torts of any kind.
22) Notifications from Nutrihealth Genie via Mobile and Email
When registering on Nutrihealth Genie, you will be required to provide a valid phone number and email address. By providing your phone number, you consent to being contacted by Nutrihealth Genie via phone calls and/or SMS notifications. You also unconditionally consent to receiving such notifications in accordance with the "Do Not Disturb" guidelines set by the Telecom Regulatory Authority of India (TRAI) or any other relevant authority in India. Nutrihealth Genie will not use your personal information to initiate any promotional phone calls or SMS messages.
23) General Provisions
- Language: All communications regarding these Terms of Service shall be in English.
- Jurisdiction, Venue & Governing Law: By using Nutrihealth Genie’s website or services, you agree that the laws of India govern these Terms. Any legal disputes shall be handled exclusively in the courts of Rohtak, Haryana, India. You waive any objections to venue, including claims of forum non-conveniens.
- Assignment: You may not assign, sell, lease, or transfer any rights under this Agreement. Nutrihealth Genie may assign or transfer its rights and obligations under these Terms.
- Severability: If any portion of these Terms is deemed invalid, the remaining portions will continue to be enforceable.
- No Waiver: Failure to enforce any part of these Terms will not constitute a waiver of future enforcement.
- Headings for Convenience Only: Headings are for organizational purposes and do not affect the meaning of any provisions.
- No Agency, Partnership or Joint Venture: These Terms do not create any agency, partnership, or joint venture between Nutrihealth Genie and users.
- Force Majeure: Nutrihealth Genie is not liable for failure to perform due to causes beyond its reasonable control, including natural disasters, governmental actions, or other unforeseen events.
- Electronic Communications Permitted: Both parties may communicate electronically, including through email or fax.
Grievance Redressal Mechanism
If you have any questions regarding these Terms and Conditions, please email us at info@nutrihealthgenie.com with your queries, and we will strive to resolve them promptly. In case your complaints are not resolved through our Customer Care Desk within 60 days of lodging your complaint, you may send a detailed signed complaint in writing via email to our Grievance Officer:
Name: Dr Nidhi Bhasin Rohilla
E-mail: enquirenutrihealthgenie@gmail.com
Undertaking
I AM COMPETENT TO CONTRACT UNDER THE CONTRACT ACT, 1872. I HAVE READ AND UNDERSTOOD THE PRIVACY POLICY, TERMS AND CONDITIONS OF THE WEBSITE, AND PROGRAM TERMS. I UNDERSTAND THAT FEEDBACK FORMS ARE AN IMPORTANT PART OF THE SERVICE/PROGRAMS PROVIDED TO ME, AND I WILL FILL AND SUBMIT THE FEEDBACK FORMS DILIGENTLY AND ON TIME, PROVIDING ONLY TRUE AND ACCURATE INFORMATION. I ACKNOWLEDGE THAT ANY FAILURE OR DELAY ON MY PART TO COMPLETE THESE FORMS WILL BE DEEMED MY ACCEPTANCE OF THE PROGRAM'S PERFORMANCE ON ME. I UNDERSTAND THAT THE SUCCESS OF THE PROGRAM IS FULLY DEPENDENT ON MY ADHERENCE TO THE PROGRAM AND ITS SCHEDULE. I COMMIT TO FOLLOWING THE PROGRAM TERMS AND SCHEDULES AND HOLD NUTRIHEALTH GENIE HARMLESS FROM ANY DEFICIENCY OR NON-PERFORMANCE OF THE PROGRAM AND/OR SERVICES DUE TO MY ACTIONS.