MealGuide

1. DEFINITIONS

In these Conditions the following expressions have the meanings assigned to them respectively:
1.1. “App” means MealGuide;

1.2. “Conditions” means the terms and conditions outlined herein including any additions or variations of these Terms Of Use made by the App; and these Conditions refer to and include the MealGuide Privacy Policy;

1.3 “User” means any person who accesses and uses the App;

1.4. “Intellectual Property” includes confidential information, copyright, trademarks, patents, designs and digital Products including recipes, videos, resource material and online content;

1.5. “Product” means any meal plan displayed on the App to the User, including but not limited to meal plans and recipes.

1.6. “We” refers to MealGuide App; and

1.7. “You” refers to a User;

2. AGREEMENT TO THESE CONDITIONS

2.1. All payments shall be made through the User’s Apple ID and their corresponding accounts. All the information regarding the payment, including but not limited to the e-mail ids of the Users, their credit card information will only be stored with Apple and not on the servers of the App.

2.2. You accept and agree to be legally bound by these Conditions, Disclaimers and all the other clauses contained herein.

3. SUBSCRIPTIONS & BILLING

3.1. By accessing, browsing or using our App, you acknowledge that you have read, understood and agreed to these Conditions.

3.2. Payments will be charged to the Users’ credit cards stored with Apple once the Free Trial period of the Subscription is over.

3.3. Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription, where applicable.

3.4. As of 10th October 2020, the App offers the following subscription products for iOS;

• Weekly pack at $0.99
• Monthly pack at $3.99 (with a 3 day free trial)
• Yearly pack at $ 29.99 (with a 7 day free trial)

4. USER LICENCES

4.1. The Content (as defined hereunder) of the App contains intangible content or Intellectual Property in the form of food recipes, meal plans and online content. The said content in its entirety without any exception is subject to copyright protection.

4.2. You are hereby granted a limited, non-exclusive, non-transferable, non sublicensable license to only access and use the App and its services.

4.3. These above mentioned intangible Products remain the property of MealGuide or its third party affiliates. Once an Order has been completed and a User has discharged their obligations to pay or continue to pay for a subscription, the App grants to the User a single Licence to use the services of the App subject to these Conditions.

4.4. Intangible Products are the subject of a license to the User and are not sold to the User. The User has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Contents of the App in any form.

5. ACCOUNT

5.1. Prior to using our services, you may need to create an account with us.

5.2. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.

5.3. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.

5.4. All information provided to us in the Account Creation process must be true and correct.

5.5. Users may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.

5.6. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting us at nutrify.cc@gmail.com

6. CHANGES TO THESE CONDITIONS

6.1. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before using our Services. Changes and clarifications will take effect immediately upon their posting on the App. If we make material changes to these Conditions, we will notify you here that it has been updated.

6.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell our services to you.

7. TRADEMARKS

7.1. “MealGuide App” Product names, logos or slogans that may appear on the App are trademarks of the App and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta-tags or other “hidden text” utilising any trademark or service in the name of the App without our prior written permission.

7.2. All other trademarks, registered trademarks and company names or logos mentioned on the App are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the App.

8. PRIVACY POLICY

8.1. Our Privacy Policy forms part of these Terms and Conditions.

8.2. By accessing and using our App you acknowledge and agree to our Privacy Policy.

8.3. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

8.4. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

8.5. We will only retain personal information as long as necessary for the fulfillment of those purposes.

8.6. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

8.7. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

8.8. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

8.9. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

9. INFORMATION COLLECTED

9.1. Our servers may automatically log the standard data provided by your web browser when you visit our website. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

9.2. We may also collect data about the device you are using to access our Services. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. Kindly check the policies of your device manufacturer or software provider to learn what information they make available to us.

9.3. We may ask for personal information, such as your: Name, Email ID, Social media profiles and Payment information etc. This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.

9.4. We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.

9.5. We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website and on the app in the future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.

9.6. We may use your personal details to contact you with updates about our Services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.

9.7. The personal information we collect is stored and processed in India, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.

9.8. We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.

9.9. If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.

9.10. We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

9.11. We use third-party services for: Analytics tracking, User authentication, Advertising and promotion, Content marketing, Email marketing, Payment processing etc. These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.

9.12. We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.

9.13. We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.

9.14. We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.

9.15. This privacy policy only covers Nutrify’s own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.

9.16. Our website or app may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

10. Cookies

10.1. A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

10.2. Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).

10.3. Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

10.4. Types of cookies and how we use them:
- Performance Cookies
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

10.5. If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

10.6. If you browse websites from multiple devices, you may need to update your settings on each individual device. Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

11. DISCLAIMER

11.1. The contents of the App including text, graphics, images, video, opinions, information and other material (“Content”) are for informational purposes only and we do not encourage any certain parameters for a healthy or fit lifestyle. We understand that a healthy and nutritious diet varies with different people and therefore, it is the sole discretion of the user to make use of the services provided on the App, depending on their individual requirements.

11.2. We are not a licensed nutritionist/ dietician or medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.

11.3. We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant etc.

11.4. Recipes and meal plans are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this service is suitable for your dietary needs.

11.5. Recipes and meal plans are not formulated to suit the nutritional needs of pregnant or breastfeeding women. We would strongly recommend our pregnant/ breast feeding users to consult their doctors prior to using the App.

11.6. We attempt to display the Content, including meal plans, recipe steps, allergens, calorie count and nutritional information as accurately as possible. However, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING FROM YOUR RELIANCE THEREON.

11.7. If you do notice any inaccuracies with information contained within our services, please contact us at nutrify.cc@gmail.com.

11.8. To cater for a broader range of alternative diets, we may choose to offer recommendations and recipes for those that seek a pescatarian, lactose-intolerant vegetarian, or vegan diet etc. Please contact your doctor or nutritionist prior to using our services if you are unsure whether such services are suitable for your dietary needs.

11.9. If you have any concerns or questions regarding your health or your personal needs you should always contact your doctor or physician. Always seek medical advice for any questions regarding a medical condition. If you think you may have a medical emergency, call your doctor or emergency services immediately.

11.10. The content of our App is not intended to replace or be a substitute for professional medical advice diagnosis or treatment.

11.11. The App makes no representations or warranties about the accuracy or suitability of the Content or links provided on the App. Without limitation this extends to any market research or commentary contained on the App.

11.12. Reliance on any Content or other information provided by the App or other contributors appearing on the App is solely at the user’s own risk. Any person accessing the App should exercise their own care, skill and diligence with respect to the use of the Content on the App

11.13. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. User agrees and understands that any and all contents and/or information contained on the App, including but not limited to nutritional and/or exercise information is being provided solely for informational purposes. In addition, the App is not monitored and/or controlled in any way by medical professionals.

11.14. We hold no responsibility for the condition or content of any third party webApps that have links on the App. Links to third party Apps are provided for convenience only and do not imply any endorsement of those Apps or products or services provided at those Apps.

11.15. This privacy policy only covers Nutrify’s own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.The Content in the App is provided “as is” and you agree that you maintain responsibility for your own unique healthcare issues and failure to seek advice from a medical professional is at your own risk. The App makes no guarantees as to the accuracy, completeness or timeliness of the information contained in the App. All information contained in the App is subject to change without notice.

12. INDEMNITY

12.1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.

12.2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our App.

13. CONDITIONS OF USE

13.1. You must not:

13.1.1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the App or transfer any part of the App or any content of the App.

13.1.2. Do anything that may place an unreasonably or disproportionately large load on the App. You must not do anything that disrupts the functions or connected networks of the App.

13.1.3. Make any modifications to the App without proper authorisation in writing from us.

13.1.4. Test, scan or circumvent the security of the App.

13.1.5. Use the App or any content in any way which breaches the rights of MealGuide or any third party.

13.1.6. Use the account of another User or impersonate another User when using this App.

13.1.7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the App for any reason; and

13.1.8. Use any method to autonomously create accounts by any means under fraudulent pretences.

13.2. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right. 13.3. If you have any query regarding your account or subscription please contact us at nutrify.cc@gmail.com

14. GOVERNING LAW

14.1. These Conditions will be construed and will take effect according to the laws of India and the respective rights, liabilities and obligations of the parties will be governed by the law of India.

14.2. The User and MealGuide agree to submit to the exclusive jurisdiction of the courts of Delhi, India.

15. SEVERABILITY

15.1. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:

15.1.1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and

15.1.2. The parties must attempt to renegotiate that part in good faith.

16. MISCELLANEOUS

16.1. These Terms and our privacy policy constitute the entire agreement between you and MealGuide App relating to your access to and use of the App and use of the Services.

16.2. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and MealGuide App’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.3. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.