Terms of service

 

Introduction

Welcome to thenutrihub.com ("thenutrihub"), an online service owned, operated, and managed by The Nutrihub Technologies Private Limited ("thenutrihub" or "we" or "us"). By using or accessing our platforms, you agree to the terms and conditions outlined in this User Agreement. These terms may be revised periodically, and your continued use of the platforms signifies your acceptance of any changes.

This User Agreement outlines the terms and conditions applicable to the end-user ("you" or "User") for accessing and using the products (including but not limited to health supplements, food products, and nutritional items) ("Products") and services (including but not limited to engagement plans, consultations with professionals, and educational resources) ("Services") offered by thenutrihub via:

The website thenutrihub.com (the "Site");

The thenutrihub mobile application (the "App");

Any other third-party applications or software used by The Nutrihub to offer the Products and Services.

(Collectively referred to as "Platforms").

The Nutrihub may have subsidiaries, affiliated legal entities, sellers, manufacturers, licensors, consultants, and third-party service providers worldwide ("Subsidiaries" or "Affiliates"), providing the Products and Services to you on the platforms owned by thenutrihub. You acknowledge and agree that the Subsidiaries or Affiliates are entitled to provide the Products and Services under the terms of this User Agreement. For any queries about the terms and conditions of this User Agreement or any comments or complaints about the platforms, please email us at [support@thenutrihub.com].

We reserve the right to modify the terms and conditions of this User Agreement from time to time without any obligation to inform you. It is your responsibility to review them regularly. The most recent version will apply. By continuing to access any of the Platforms or use the Products and/or Services after the changes become effective, you agree to the revised User Agreement. This User Agreement supersedes any prior agreements and governs your entire relationship with The Nutrihub.

By merely accessing or using our Platforms or creating an account or registering with The Nutrihub either on the Site or the App, you agree to be bound by (i) this User Agreement, (ii) our Privacy Policy, which is incorporated by reference into these Terms, and (iii) any other terms disclosed to you if you purchase Products and/or Services offered by The Nutrihub on any of the Platforms, as amended from time to time. If you do not accept and agree to be bound by this User Agreement, you shall not access or use the Products and Services offered by The Nutrihub on any of these Platforms. ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORMS INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS OF THE USER AGREEMENT, SO PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the User Agreement or the policies, please do not use the Platforms.

The Platforms are for your personal, non-commercial use and information. Your use of the Products and Services offered on the Platforms shall be governed by this User Agreement, along with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (together "Policies"), as modified and amended from time to time.

Privacy Policy

We understand the importance of safeguarding your personal information and have formulated a Privacy Policy to ensure that your personal information is protected. Apart from the User Agreement, the Privacy Policy shall govern your visit and use of the Platforms. Your continued use of the Platforms implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by us in accordance with the terms of the Privacy Policy, which may be amended from time to time at the sole discretion of The Nutrihub. If you object to your information being transferred or used, please do not use the Platforms.

Eligibility for Access

To be eligible to avail the Products and Services offered on the Platforms, the User: (i) must be at least 18 years old and not older than 75 years; (ii) must meet a fitness standard suitable for availing our Products and Services, as deemed appropriate at our discretion; (iii) must not have been previously barred from availing the Products and Services offered on the Platforms; (iv) must comply with the terms of the agreement and all applicable state, local, national, and international laws; (v) must be physically located in India or within a jurisdiction where we offer our Products and Services.

If you accept these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such an entity to this User Agreement and other Policies. You agree, understand, and acknowledge that the Site/App is an online platform enabling you to purchase Products and avail Services listed on the Site/App at the indicated price from any location. You further agree and acknowledge that The Nutrihub is only a facilitator and is not a party to or in control of any transactions on the Site/App. Accordingly, the contract of sale of products on the website is strictly a bipartite contract between you and the sellers on The Nutrihub.com. You agree and acknowledge that you will use your account on the Platforms to purchase Products/avail Services only for your personal use and not for business purposes.

Account and Registration

Subject to your eligibility to avail our Products and Services and compliance with this User Agreement, you may access our Products and Services through the Platforms. While some features on the Platforms may be available without registration, you shall be required to register online on any of our Platforms by creating a The Nutrihub account (“Account”) to access the Products and Services.

At the time of registration, you will be required to provide certain information about yourself as specified in the Privacy Policy. You agree that all information that you submit upon creation of your account is accurate and truthful.

You are solely responsible for the information associated with your Account, its confidentiality, and all activities in relation to your Account. You must maintain the security of your Account and promptly notify The Nutrihub at support@thenutrihub.com if you discover or suspect that someone has accessed your Account without your permission. The Nutrihub or its officers, directors, employees, consultants, Subsidiaries, Affiliates, and agents shall not be held liable to you for any liabilities or damages resulting from your failure to keep your Account and password or other information secure. You will not authorize third parties to use your Account. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

We reserve the right to refuse service and/or terminate accounts without prior notice if the terms of the User Agreement are violated or if we decide, in our sole discretion, that it would be in The Nutrihub’s best interests to do so. You are solely responsible for all content that you upload, post, email, or otherwise transmit via the Platforms. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

By registering and creating an Account with The Nutrihub, you represent and warrant that:

You meet all the eligibility requirements as set out in the User Agreement;

All the information provided by you, prior to registration and thereafter is accurate and complete;

You are competent to enter into a binding contract under the laws of India or any other laws as may be applicable;

You have never been convicted of any offense in the nature of a sexual crime (including molestation, child abuse, etc.) or any offense under the Information Technology Act, 2000 or rules or regulations specified thereunder.

Once you complete the process of registration and setting up of your Account on any of our Platforms, you will be permitted to:

Access and post content (limited in the form of reviews, comments, or feedback) on any of the Platforms;

Access and purchase Products & Services and subscribe to Services subject to the terms and conditions set out herein;

Upon completion of registration, you consent to:

Receiving emails or SMS/texts on your email address or mobile number in relation to updates and changes to the features of Products and Services, special offers, new promotions, sales opportunities, and notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email/text messages, you may opt out by sending us an email at: support@thenutrihub.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

Receiving information on your email and phone in relation to the fulfillment of orders placed by you for availing our Products and Services.

Receiving information pertaining to customized Engagement Plans or our community/functional experts over Email/SMS.

Receiving reminders and alerts on your email and phone in relation to the services pertaining to online appointment bookings and Treatment Plans subscribed by you under these Terms.

Product and Service Information

We attempt to be as accurate as possible in the description of the Product on the Platform. However, we do not warrant that the product description, color, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. Packaging may vary from that shown. The site may contain typographical errors or inaccuracies and may not be complete or current. The Product pictures are indicative and may not match the actual Product. Also, your access to the Site/App may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities, Products, or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

We reserve the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the Product or Services.

Product Use & Services

The Products and Services available on the Platforms, and the samples, if any, that the Platform may offer/provide you, are for your personal and/or professional use only. The Products and Services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any Products or Services purchased/received/availed cause any side effects or doesn’t suit you, in any manner whatsoever, please note that The Nutrihub is in no manner responsible for any manufactural side effects or services provided, and the manufacturer or service provider of the Product or Services shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the Products and Services and consult a specialist before the use of the same.

Any recommendation made to you on the Platforms during the course of your use of the Platforms or under any Services availed by you on the Platform is purely for informational purposes and for your convenience and does not amount to an endorsement of the Products and/or the Services by us or any of our associates, Subsidiaries, and Affiliates in any manner.

Pricing Information

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until after you order. Without limiting the generality of Clause 7 (Cancellations, Refunds, and Returns) below, if a Product/Service is listed at an incorrect price or with incorrect information due to any technical error, The Nutrihub shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product/Service, unless the Product has already been delivered or the Service has already been availed by you. In the event that an item is mispriced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Unless the product ordered by you has been delivered and the Services are availed, your offer will not be deemed accepted and we will have the right to modify the price of the Product/Service and contact you for further instructions using the email address or contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event we accept your order, the same shall be debited to your credit/debit card account and duly notified to you by email or contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account. We strive to provide you with the best value; however, prices and availability are subject to change without notice.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE/PLATFORMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF The Nutrihub. The Nutrihub may revise and cease to make available any Product/Services at any time. In the event The Nutrihub is unable to deliver the Product to you on time or at all, you will be notified by email and your order will be automatically canceled due to the unavailability of the Product or at your instructions due to failure to deliver the product at the expected time of delivery by our delivery partners. The Nutrihub shall not be liable to pay for any damages in such an event owing to the cancellation of the order or delay in delivery.

Cancellation, Refunds, and Returns

Please refer to our Cancellation, Refunds, and Returns Policy provided on our Platforms.

Shipping and Delivery

Please refer to our Shipping and Delivery policy provided on our Platforms.

Limited License

The Nutrihub grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site/App. All rights not expressly granted to you in the terms of this User Agreement are reserved and retained by The Nutrihub.

The Nutrihub reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site/App.

Intellectual Property Rights

The Nutrihub name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of The Nutrihub. All other Marks provided on the Platforms are the property of their respective companies, Subsidiaries, and Affiliates. No trademark or service mark license is granted in connection with the materials contained on the Platforms. Access to the Platforms does not authorize anyone to use any Marks in any manner. Marks displayed on the Platforms, whether registered or unregistered, of The Nutrihub or others, are the intellectual property of their respective owners, and The Nutrihub shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

The Nutrihub and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on the Platforms. Access to the Platforms does not confer and shall not be considered as conferring upon anyone any license under any of The Nutrihub or any third party’s intellectual property rights. All rights, including copyright, in the Platforms, are owned by or licensed to The Nutrihub. Any use of the Platforms or their contents, including copying or storing it in whole or part, other than for your own personal and non-commercial use, is prohibited without the permission of The Nutrihub.

Indemnity

You shall indemnify and hold harmless The Nutrihub and its Affiliates, Subsidiaries, and their respective officers, directors, agents, and employees, from any claim or demand or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of this User Agreement or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.

Governing Law and Jurisdiction

This User Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi or Bangalore, as may be applicable.

Entire Agreement and Relationship

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect.

Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and The Nutrihub with respect to the Platforms/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

The Nutrihub’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

The Nutrihub does not guarantee it will take action against all breaches of this User Agreement. Nothing contained in this User Agreement shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between the parties hereto.

Termination

The User Agreement is effective unless and until terminated by either you or The Nutrihub. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Platforms. The Nutrihub may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platforms. Such termination will be without any liability to The Nutrihub. Upon any termination of the User Agreement by either you or The Nutrihub, you must promptly destroy all materials downloaded or otherwise obtained from the Platforms, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Nutrihub’s right to any Comments shall survive any termination of this User Agreement.

Any such termination of the User Agreement shall not cancel your obligation to pay for the Product already ordered from the Platforms or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Disclaimer and Limitation of Liability

The Platforms, Products, and Services included on or otherwise made available to you through these Platforms are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, The Nutrihub does not warrant that:

The Platforms will be constantly available, or available at all;

The information on the Platforms is complete, true, accurate, or non-misleading;

The Nutrihub will not be liable to you in any way or in relation to the Products and Services provided on the Platforms. You will be required to enter a valid phone number while placing an order on the Platforms. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery-related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

The Nutrihub shall not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platforms either with or without your knowledge.

The Nutrihub has endeavored to ensure that all the information on the Platforms is correct, but The Nutrihub neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, Product, or Service. The Nutrihub shall not be responsible for the delay or inability to use the Platforms or related functionalities, the provision of or failure to provide functionalities, or any information, software, Products, functionalities, and related graphics obtained through the Platforms, or otherwise arising out of the use of the Platforms, whether based on contract, tort, negligence, strict liability, or otherwise. Further, The Nutrihub shall not be held responsible for the non-availability of the Platforms during periodic maintenance operations or any unplanned suspension of access to the Platforms that may occur due to technical reasons or for any reason beyond The Nutrihub's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platforms is done entirely at your discretion and risk, and you will be solely responsible for any damage to your mobile, computer systems, or loss of data that results from the download of such material or data.