WELCOME TO P-NUT HEALTH PRIVATE LIMITED
This user agreement (hereinafter referred to as “Agreement” ) is an agreement between You as mentioned hereunder:
Supplier of services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);
An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or
Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).
P-NUT Health Private Limited ("P-NUT Health" or "we" or "us" as the context requires) governing your use of P-NUT Health's products, software and/or services with the characteristics and features as described on www.personalnutrition.com and your use of products and/or services made available on the Website (referred to collectively as the "Services" and/or “Platform Services”). P-NUT Health may have holding, subsidiaries and affiliated legal entities, providing the Services to you on behalf of P-NUT Health. You acknowledge and agree that the Holding, Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement
P-NUT Health has created this Website/Online Platform to provide Users, the Services which includes, guidance on how to improve their overall well-being and how to integrate well-being into their individual lifestyles.
P-NUT Health is not a medical organization although our workout and nutrition recommendations consider several factors specific to each individual. Our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
RIGHT TO USE/ACCESS
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website /Online Platform by notifying the same on our Website/Online Platform from time to time without prior notice to you.
We will not be liable, if for any reason our Website/Online Platform or the Services (or any features within the Services) are unavailable at any time or for any period.
We have our sole discretion, restrict access to some parts of our Website/Online Platform, or our entire Website/Online Platform, to Users who have registered with us
P-NUT Health grants you permission to use the Services as set forth in this Agreement, subject to the condition that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without P-NUT Health’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise always comply with the terms and conditions of this Agreement.
To access the Services, you will need to register on the Website and create a “Membership” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website
By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website or such other Services provided through the Website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website.
You must provide all the updated information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services.
The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.
Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
You will immediately notify P-NUT Health of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: firstname.lastname@example.org. You are responsible for making all arrangements necessary for you to have access to our Website/Online Platform and thereby the Services.
You are also solely responsible and liable to P-NUT Health for all activities that take place or occur under your account either by you or by any other person who access through your account.
You agree that your ability to log into your account is dependent upon external factors such as internet network connectivity etc. and we shall not be liable to you for any damages arising from your inability to log into your account.
We reserves the right to refuse access to use the Services offered at the Website/Online Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
Account access is not available to anyone who is suspended or prohibited by P-NUT Health from using the online platform or Services for any reason whatsoever.
P-NUT Health grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data, subject to these terms and conditions of use or usage.
On completion of registration, you will become a member which:
allows you to access and post content on the Website/Online Platform;
allows you to access and purchase Products on the Online Platform, subject to the terms and conditions set out herein;
allows you to make use of the Services on the Website subject to these terms and conditions;
does not allow you to use email addresses displayed on the Website for any purpose other than that specifically authorized by us.
By providing P-NUT Health your email address/ phone number you consent to:
That you are registering the said email address/phone number with us.
That in lieu of postal mails we will be using your email address or mobile number to send you Service-related notices, including any notices required by law. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.
That providing your phone number to us will override any previous Do-Not-Disturb registration or any registration which prohibits to send to commercial/promotional/service related communication on your registered mobile number with us
Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Online Platform; and
Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: email@example.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
P-NUT Health’s responsibility in terms of the Online Platform shall extend solely and exclusively to:
The provision of the platform for the Online Platform on the Website;
Collection of payments from Users using the third party payment gateway on the Online Platform.
In the event of any disputed payments made using third-party payment gateway, P-NUT Health shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of P-NUT Health’s obligations in this regard;
Delivery of the Products to the Users who have placed orders therefor on the Online Platform.
There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Online Platform, save as set out herein.
UPLOADING MATERIAL TO THE SERVICE
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/Online Platform, or to make contact with other users of our Website on the Online Platform, you must comply with applicable data protection rules/laws and the content standards set out below.
The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
Your contribution must not:
belong to another person and contain any information that you do not have any right to or be defamatory of any person, or be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
Violate the provisions of applicable Indian laws or any other non-Indian applicable laws;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual without having explicit consent of the said individual;
be harmful to minors;
infringe any intellectual property including copyright, database right or trade mark of any other person; or breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or likely to harass, upset, embarrass, alarm or annoy any other person; or impersonate any person, or misrepresent your identity or affiliation with any person; or advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
be such that it is known by you to be false, inaccurate or misleading; or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Use any of P-NUT Health’s domain name as a pseudonymous return email address;
attempt to copy any software provided to you as part of the Services or the Website or the or the Online Platform and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
have any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any offence.
P-NUT Health reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.
You are not permitted to and shall not do any of the following acts, the breach of which shall entitle P-NUT Health to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you.
You understand that P-NUT Health, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit P-NUT Health to take these actions.
You confirm and warrant to P-NUT Health that you have all the rights, power and authority necessary to grant the above license.
Any success stories, comments, messages, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of the Website becomes published content. We may publish such published content on our Website so long as you consent. You may request that such published content be taken down at any time and we shall remove such published content. However, we are not responsible for any actions taken by third-parties with respect to such published content.
On termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers and all licenses granted to you by P-NUT Health to the Website/Online Platform or the Services will automatically terminate.
P-NUT HEALTH RIGHTS
We reserve the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/Online Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
P-NUT Health or its Holding or Subsidiaries or Associates are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/Online Platform and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, P-NUT Health may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
P-NUT Health reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary
We reserve the right to introduce or change the prices of all Services
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
CONTENT STANDARDS INFRINGEMENT
If we consider that a breach of the content standards (as mentioned above or on basis of any other reasonable grounds not covered above) has occurred, we may at our discretion take such action as we deem appropriate which includes but not limited to removal of your content or contribution, taking legal action etc.
We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules.
FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW.
You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which P-NUT Health may suffer).
Your use of the content accessed or displayed using the Services is entirely at your own risk.
Any search due to the use of Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content.
Use of the Services may return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. P-NUT Health hereby disclaims any and all responsibility and liability associated with the same.
You must not misuse our Website/Online Platform by knowingly introducing trojans, viruses, worms, etc. or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications.
By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/Online Platform will cease immediately.
USER ACKNOWLEDGEMENT AND WARRANTS
You acknowledge and agree that P-NUT Health is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the materials on, or available from, such external resources or sites.
You acknowledge that you shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights.
You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
You agree that, save as set out herein, P-NUT Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any advertisers you deal with.
You agree that your use of the Website/Online Platform and the Services shall be at your sole risk and P-NUT Health 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/Online Platform and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
If you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, you are required to seek approval from a qualified health care practitioner prior to using the Services:
You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases.
We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/Online Platform. Reliance on any such content is solely at your own risk.
If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. P-NUT Health may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide P-NUT Health with any contact or billing information changes or updates.
P-NUT Health will not validate all credit card information required by the Customer's payment provider to secure payment.
You must notify P-NUT Health about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement and if it is not brought to P-NUT Health’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
You hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless P-NUT Health, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and any expenses arising from the breach of this Agreement or any non-compliance of applicable regulatory/statutory provisions.
The material displayed on our Website/Online Platform is provided without any guarantees, conditions or warranties as to its accuracy.
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services and/or the purchase price paid by you for Products in the Online Platform.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
You must not frame our Website/Online Platform on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The Website/Online Platform from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
If you wish to make any use of content on our Website other than that set out above, please address your request to: firstname.lastname@example.org .
P-NUT Health endeavour to implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure.
We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
All right, title and interest in usage of the termspersonalnutrition.com, P-NUT Health including but not limited to all texts, graphics, user interfaces, visuals computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of P-NUT Health Private Limited and its licensors.
Any use of this Website 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 the permission of P-NUT Health Private Limited.
No part of P-NUT Health and content on Website/Online Platform shall be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
Any usage of P-NUT Health’s contents, without the prior consent of P-NUT Health, shall be considered a breach of this Agreement, and you shall be required indemnify P-NUT Health for all liability incurred in this regard.
The jurisdictional court of New Delhi shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/Online Platform or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
P-NUT Health accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/Online Platform can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
WEBSITE AND LEGAL NAME OWNERSHIP
INFORMATION WE GET FROM OTHERS
We may receive data about you from other sources i.e., expert calls, smart watch, surveys, and such data may be added to our Website from time to time. Such data may include your behaviour towards various content posted on our Website from other sources. We use the data collected from other sources to prepare a specific diet plan and training regime for you. We also use this data for providing, testing, improving, or recommending the Services.
RETENTION/SHARING OF PERSONAL INFORMATION
We will store any personal data we collect from you as long as it is necessary in order to facilitate your use of the Services and for ancillary legitimate and essential business purposes – these include, without limitation, for improving our Services, attending to technical issues, and dealing with disputes.
Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic interactions with our customer representatives, the call data is recorded and stored on for training and quality purposes.
We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our legal obligations, resolve disputes and enforce our agreements.
If you are a Registered User, please be advised that after you terminate your usage of a Service, we may, unless legally prohibited, delete all data provided or collected by you from our servers.
Upon receiving your specific consent, we may share the data we collect from cookies or web beacons with our advertisement partners to track your visits, establish your non-personal identity and present you with targeted advertisements about our Services.
In the ordinary course of business, we may employ other companies and people to assist us in providing certain components of our Services in compliance with the provisions of this Policy. To do so, we may need to share your data with them.
RETENTION/SHARING OF PERSONAL INFORMATION
|Name||Personal Nutrition support team|
|ADDRESS:||Bajaj House, 97 Nehru Palace, ND 110019|