1. These terms of use (“Terms of Use”) mandate the terms on which the users access and/or register on the https://www.nutryze.in/ website (“Website”) and mobile application (“Application”) (collectively referred to as the “Platform”), operated by M/s Nutryze Lifestyle Technologies LLP (hereinafter referred to as “Nutryze” or “We/we” or “Our/our” or “Us/us”), and the Platform Services (as defined below), provided through the Platform, as detailed below.
2. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use, Privacy Policy available at https://www.nutryze.in/privacy and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by Us from time to time (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availing of the Platform Services shall signify Your acceptance of the Agreement and Your acceptance to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.
3. This Agreement is applicable to all the customers availing the services of the Platform Services or accessing or using the Platform even when they are not availing any service (“Customers”), as well as yoga/work out trainers and nutritionists on-boarded on the Platform to provide these Wellness Services (defined below) (together referred to as “Wellness Professionals”) to the Customers. The Customers and Wellness Professionals shall together be referred to as “Users”/ “You”/ “Your”.
4. We retain unconditional right to modify or amend this Agreement without any requirement to notify Users of the same. It shall be the Users responsibility to check this Agreement periodically for changes. Your continued use of the Platform following the posting of changes to this Agreement on the Platform, will constitute Your consent and acceptance of those changes.
5.1. Our services (hereinafter referred to as “Platform Services”) include provision of the Platform to the Users that enables Customers to connect with Wellness Professionals, which are independent third-party service providers on-boarded on the Platform, to avail services of the Wellness Professionals (“Wellness Services”) with respect to the following:
5.1.1. Curating tailored yoga and work out plans for the Customers.
5.1.2. Offering online yoga classes through voice and video calling to the Customers, and
5.1.3. Curating tailored diet plan and offering nutritionist consultation to the Customers.
5.2. As a part of the Platform Services, we facilitate the provision of Wellness Services by Wellness Professionals to the Customers, and also offer certain ancillary features, and our Platform Services include without limitation, the following:
5.2.1. Creation and management of user accounts/profiles of the Users (different categories of accounts for the Customers and Wellness Professionals) on the Platform, including maintain details of order history, payment and transactions, active subscriptions etc.
5.2.2. Obtaining and processing necessary Customers’ information (as more specifically described in the Privacy Policy) and making the same available to the Wellness Professionals within the Platform environment, so as to enable the Wellness Professionals to render the Wellness Services.
5.2.3. Providing the Platform environment for enabling communication between the Wellness Professionals and the Customers with respect to Wellness Services, including booking of appointments, conducting online sessions, scheduling of group sessions and individual sessions etc.
5.2.4. Devising and offering subscription plans, packages, offers etc including determining and controlling the pricing, discounts, cash backs, penalties for no-show etc for Customers availing Wellness Services.
5.2.5. Framing and implementing policies with respect to payments, cancellations, refunds, rescheduling of sessions etc.
5.2.6. Offering customer support services to the Customers.
5.2.7. Facilitating the transfer of payments to the Wellness Professionals for the Wellness Services they render to the Customers and collect payment on behalf of such Wellness Professionals.
5.2.8. Enabling Customers to log and track their health-related metrics and progress like weight, height, body mass index etc, including generation of any reports of such metrics of the Customers.
5.2.9. Enabling to log and track their diet and work outs plans, like daily meals, history of sessions attended or missed, upcoming sessions etc, including generation of reports for such tracking.
5.3. Further, as part of the Platform Services, we also offer our Platform to enable the Customers to get the nutritional assessment of food by uploading pictures thereof on the Platform, by integrating a third-party artificial intelligence and machine learning tool/s within the Platform.
5.4. The packages, sessions, subscription plans etc along with their pricing, refund policies, discounts, specific terms (if any), subscription period etc. would be displayed on the Platform and the and the Customers can select the same at their discretion. Any order/booking made on the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions mentioned with respect to such order/booking (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned, which the Users are presumed to have read and accepted at the time of placing the order/booking.
5.5. The Platform is for Your personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India.
5.6. The Platform / relevant Partner may record audio and/or video of any and all sessions conducted, wherever necessary for quality and safety purposes, or for resolution of any complaints / disputes.
5.7. Platform reserves the right to temporarily / permanently disable any User account, without having any further liability, in case of any breach of this Agreement or any misconduct, misbehaviour, negligence, fraud etc. by any User.
6.1. In addition to any specific arrangement entered into between Us and the Wellness Professionals, the Wellness Professionals shall be governed by this Agreement to the extent applicable to Wellness Professionals. The Wellness Professionals hereby acknowledge that this Agreement is supplementary to any other arrangement entered into between Us and the Wellness Professionals.
6.2. The Wellness Professionals shall provide details of their working hours, available slots, details regarding various sessions/consultations along with a description of the same in the manner as required by Us from time to time. The Wellness Professionals shall provide at least a 2 (two) weeks prior written notice in the event of any change in the above-mentioned details of the Wellness Professionals to Us.
6.3. While the engagement of Wellness Professionals is on a non-exclusive basis, they acknowledge that based on their commitments made by them to Us, the Platform shall offer packages, subscriptions, schedule sessions/consultations etc for the Customers. Accordingly, the Wellness Professional undertakes to honour such commitments and provide such the Wellness Services in a diligent, timely and professional manner, in compliance with the applicable laws and at a minimum, in accordance with best-accepted industry practices applicable to the performance of such services, and in compliance with this Agreement.
6.4. Any cancellation of an allocated session/consultation by the Wellness Professional is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Wellness Professional to Us. The Wellness Professional must immediately contact Us if the Wellness Professional needs to cancel or refuse an allocated session/consultation. Any such cancellation or refusal to provide Wellness Services may lead to a deduction from, or withholding of part or whole of, the fee to the extent necessary to reimburse the actual cost, loss or expense to Us of such cancellation or refusal.
6.5. We are at our sole discretion to terminate the arrangement and de-board the Wellness Professional, without assigning any specific reason or notice period.
6.6. The Wellness Professional shall upon receipt of a notice in respect of improvement of service quality, take immediate steps to implement the same at its own cost and expense.
6.7. The Wellness Professional shall always ensure that the Wellness Services are performed/ delivered in a manner so as to protect Our and Platform’s reputation and goodwill and that they shall not act in a manner derogatory to Our and the Platform’s business and goodwill.
6.8. The Wellness Professionals shall not discriminate against the other Customers for any reason, including on the basis of sex, race, caste, creed etc.
6.9. The Wellness Professionals must ensure that following while providing Wellness Services:
6.9.1. The Wellness Services should be rendered in accordance with all applicable laws and it is under no legal or statutory obligation that prevents him from rendering the Wellness Services in an unhindered manner.
6.9.2. The Wellness Services should be rendered with all due care and skill.
6.9.3. The Wellness Services should be rendered in a courteous, effective and timely manner.
6.9.4. The Wellness Services should be rendered in a manner as communicated / required by the Platform, or Our policies, from time to time.
6.10. The Wellness Professional must not use in any manner any third-party branding (including their logo or other sticker) while rendering the Wellness Services in on the Platform.
6.11. During their interactions with the Customers, the Wellness Professional shall ensure that the interaction is limited only to the Wellness Services, and must specifically refrain from sharing any personal or third-party’s details, endorsing any third-party services, brands, products, offering personal services outside the Platform etc. The Wellness Professionals shall ensure utmost professionalism and courteous behaviour with the Customers and shall, in no event, make any personal remarks on race, creed, ethnicity, body type etc.
6.12. The Wellness Professionals must keep treat all interactions with the Customers with highest degree of confidentiality. The Wellness Professionals specifically indemnify us from any loss, damages, attorney expenses, fees etc. incurred by us on account of any breach of Customer’s confidential information, including without limitation, any health-related details of Customers. The Wellness Professionals further agree that any statistical data, feedback and other information collated and shared by Platform are not to be provided, shared or disseminated with any competitor of Platform or any other third parties under any circumstances whatsoever.
6.13. Wellness Professionals shall ensure to procure all rights, title and interest in all elements of Wellness Services being provided, including but not limited to copyrights on any music, sequence of movements, diet plans etc. The Wellness Professions represent and warrant that provision of Wellness Services by them on the Platform shall not violate any third-party intellectual property or breach any license terms or confidential information. Wellness Professionals shall indemnify and keep Us indemnified from any third-party infringement claims in respect of any Wellness Services.
6.14. The Wellness Professionals hereby acknowledge that their selection and on-boarding is at Our sole discretion and is done on the basis of, inter-alia, their experience, qualifications etc. In this regard, the Wellness Professionals shall at no point make any misrepresentations, not submit any non-genuine documents or conceal any material facts with the intent to mislead or defraud Us with regard to their qualifications, experience etc.
7.1. The Customers hereby agree that they shall, at all times, provide accurate and updated information as sought on the Platform, including without limitation, details sought with respect to health conditions, eating habits, lifestyle etc.
7.2. The Customers shall, in no event, share any confidential information or third-party information, including without limitation any third-party’s name, phone number, health details, medical conditions etc.
7.3. The Customers shall ensure that the Platform Services and Wellness Services are of a personal nature and shall, in no event, exploit any diet plan, work out or any Wellness Service or Platform Services in any manner, including sharing with any third-party on either a commercial or non-commercial basis.
7.4. The Customers hereby declare that they are medically fit to avail the Services, and it shall be the sole responsibility of the Customers to ensure that there is no medical condition, on-going medication, injuries, illness etc that make them suitable for availing any Platform Services or Wellness Services. In this regard, the Customers explicitly agree and acknowledge that the Platform Services and Wellness Services are not medical services, and shall not be, at any point, be treated as medical advice. The Customers further acknowledge that AI-generated assessments are provided solely as informational assistance and are not used as the sole basis for any decision producing legal or similarly significant effects on Users.
7.5. The Customers shall not attend any sessions or consultations under the influence or alcohol or any intoxicating substance, or while simultaneously engaging in any other activity like driving, cooking, walking etc which may cause any danger to safety of the Customers. The Customers acknowledge that the safety and security of the Customers while availing any Platform Services or Wellness Services is the sole responsibility of the Customer and neither Us nor the Wellness Professionals shall, in any manner, be responsible for the same.
7.6. The Customers agree that during the sessions or consultations, they shall follow all the instructions, including all safety instructions of the Wellness Professionals.
7.7. If We run any offers or discounts subsequent to any purchase made by the User, We are not obliged to offer the benefits under such subsequent offers, however We may offer benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns and the same shall be binding.
7.8. The number of classes / sessions permitted to be booked by the Customers shall be as per the terms and conditions of the plan/package subscribed by the Customers. Access to the classes / sessions shall be subject to the slot availability and shall be accessible on first come first serve basis.
7.9. Any orders/bookings made on the Platform, including any sessions/diet or workout plants etc bought or booked are non-transferrable and non-refundable, unless otherwise mentioned in any plan/package as displayed on the Platform.
7.10. The Customers agree and acknowledge that soliciting or receiving services from any Wellness Professional independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
7.11. The Customers hereby accept full responsibility for any consequences that may arise from your use of the Platform Services and Wellness Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
7.12. The Customer hereby agree and undertaken to maintain decorum during sessions/consultations and treat the Wellness Professions with in a courteous and professional manner. The Customers hereby agree that during their interactions with the Wellness Professionals on the Platform, the same shall be restricted only to the Wellness Services, and they neither seek nor share any details like phone number, address, third-party products, services etc and shall, in no event, make any personal remarks on race, creed, ethnicity, body type etc.
8.1. The Platform Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations. No advice or information, whether oral or written, obtained by the Users from Us shall create any warranty that is not expressly stated in the Terms.
8.2. You hereby acknowledge that certain Wellness Services by their very nature, include certain inherent risks that cannot be eliminated and acknowledge to use the Platform Services and Wellness Services at Your own risk and responsibility and assert that your participation is voluntary and that You knowingly assume all risks and hence hereby release Us and the Wellness Professionals of all liabilities arising out of any such risks.
8.3. Wellness Professionals are independent service provider and are solely liable and responsible for the Wellness Services that they provide through the Platform or otherwise. We do not employ Wellness Professionals, nor are Wellness Professionals Our agents, contractors, or partners. Wellness Professionals do not have the ability to bind or represent Us. We expressly disclaim all liabilities or any guarantee, express or implied, of exactness as to the duration, type, satisfaction from the Wellness Services and make no representation or warranty the Wellness Services are appropriate for any particular purpose or safe for use / injury free.
8.4. Without prejudice to the generality of the above, Users understand and agree that We may not be involved in certain interactions between the Customers and the Wellness Professions and hence would not be responsible for the same. Users understand and agree We will not be liable for the following:
8.4.1. Any non-fulfilment of the Wellness Professional’s or Customer’s obligations, as the case be.
8.4.2. Any issues that Customer and Wellness Professional have inter-se, although on good-faith basis We shall try resolving any issue.
8.4.3. Quality of Wellness Service being rendered by the Wellness Professionals.
8.4.4. Any misconduct or inappropriate behaviour by the any User, either Wellness Professional or the Customer.
8.4.5. Any type of inconvenience suffered by the Users due to a failure on the part of the Wellness Professional or the Customer.
8.5. Further, any artificial tool integrated within the Platform is also an independent application and the Platform is merely acting as an interface to connect the Customers to the same, and We are not responsible for the correctness or accuracy of the results generated and accordingly disclaim all liability and guarantee, whether express or implied, and make no representation or warranty.
8.6. While We strive to provide accurate information about Platform Services and Wellness Services and charges thereof, pricing errors may occur from time to time.
8.7. In no event shall We, be liable for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), arising out of, or relating to (i) the Agreement, (ii) the Platform Services or the Wellness Services, (ii) User’s use or inability to use the Platform Services or the Wellness Services.
8.8. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
9.1. In order to use the Platform and avail Platform Services or get on-boarded as a Wellness Professional, the Users will be required to create an account on the Platform (“Account”). To create an Account, the User must be at least 18 years of age.
9.2. The User may register create an Account on the Platform using their email, mobile number or third-party authentication services, including but not limited to Google, Facebook, or Apple logins (“Social Login”). By choosing Social Login, you authorise Us to access and use certain information from your third-party account strictly for the purpose of account creation, authentication, and login management. We do not receive or store your third-party account passwords.
9.3. The third-party platforms enabling Social Login operate independently and are not affiliated with, controlled by, or endorsed by Us. We are not responsible for the availability, security, or accuracy of such third-party services, any acts or omissions of the social login provider, any data processing carried out by such providers under their own privacy policies and terms. Your use of Social Login is also governed by the applicable terms and privacy policies of the relevant third-party provider.
9.4. If the Users’ access to a third-party account used for Social Login is suspended, restricted, or terminated by the provider, the Users’ ability to access the Platform through that login method may be affected and the Users remain responsible for maintaining access to at least one valid login method.
9.5. The Users shall ensure and confirm that the Account information provided by the Users is complete, accurate and up-to-date. If there is any change in the Account information, the Users shall promptly update the Account information on the Platform. If any information provided by the Users is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate the affected Account and refuse any and all current or future use of the Platform (or any portion thereof) at our discretion, in addition to any right that We may have against such Users at law or in equity, for any misrepresentation of information provided by the User.
9.6. You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
9.7. The Users are liable and accountable for all activities that take place through your Account, including activities performed by persons other than the Users. We shall not be liable for any unauthorised access to your Account.
9.8. The Platform shall have access to the account and the information created by the Users for ensuring and maintaining the high-quality services provided by the Platform and for addressing the need of the Users in the most effective manner. Access to User Accounts by us personnel is strictly limited to the extent necessary for Platform operations, security, compliance, or grievance redressal, and is subject to role-based access controls.
9.9. For the purpose of addressing the complaints (if any received) and any suspected abuse reported, the Platform shall investigate on case-to-case basis from the records available. The Users are directed to read the terms provided in the Privacy Policy as regards such records.
10.1. The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third-party, including without limitation the third-party artificial intelligence tools as reference in the description of Platform Services (“Third-Party Services”) and contain links to Third-Party Services. The Users understand and acknowledge that Third-Party Services are the sole responsibility of the third-party that created or provided it and that use of such Third-Party Services is solely at your own risk.
10.2. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should the Users avail a Third-Party Service, the Users shall, to the extent permissible under applicable laws, be governed and bound by the terms and conditions of the third parties providing the Third-Party Services.
10.3. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.
11.1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Us and/or Our licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
11.2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are Our property and Users are not permitted to use the Marks without the Our prior consent.
12.1. Subject to compliance with the Agreement, We grant a non-exclusive, revocable, non-transferrable, non-assignable, limited license to the (i) Customers to use this Platform to avail Platform Services and access the Wellness Services and (ii) to the Wellness Professions to render the Wellness Services on the Platform in terms of this Agreement and any specific arrangement entered with Us.
12.2. The Users agree to use the Platform and the materials provided therein only: (i) for purposes that are permitted by the Agreement; (ii) for purposes for which the Services is meant to be used; and (iii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Us or any other Users.
12.3. The Users agrees to not access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Platform. The Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform Further, the Users undertake not to:
12.3.1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
12.3.2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
12.3.3. Copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Us.
12.3.4. Derive any commercial benefits from the usage of the Platform or the Platform Services or Wellness Services.
12.3.5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
12.3.6. Upload or distribute files that contain software or other material protected by applicable intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents.
12.3.7. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide the Users undue advantage or benefit in purchasing goods / availing any services on the Platform.
12.3.8. Engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or Wellness Services (or the servers and networks which are connected to the Platform).
12.3.9. Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of Our servers, or to any services or features offered on or through the Platform, by hacking, password mining or any other illegitimate means.
12.3.10. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
12.3.11. Reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Content, Platform or Platform Services/Wellness Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Users’ own information, as provided on the Platform.
12.3.12. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites.
12.3.13. Collect or store data about other Users in connection with the prohibited conduct and activities set forth hereinabove.
12.3.14. Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
12.3.15. Use the Platform or any material or Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes Our rights of the or any third-party rights.
12.3.16. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
12.3.17. Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality.
12.3.18. Violate the terms of the Agreement contained herein or elsewhere.
12.3.19. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
12.4. Except as expressly indicated herein, the We hereby grant the Users a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:
12.4.1. Users may access the Content solely for personal, informational, and internal purposes, in accordance with this Agreement.
12.4.2. The Users shall not modify or alter the Content available on the Platform.
12.4.3. The Users shall not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others.
12.4.4. The Users shall not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
13.1. We may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that We collect or otherwise process about You and the manner in which we process such data.
13.2. Personal Data may be shared with our affiliates or other third-party service providers strictly in accordance with the Privacy Policy and applicable law.
13.3. Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand that in such instances we shall have the right to share such data with relevant agencies or bodies.
14.1. Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
14.2. You hereby agree and acknowledge that User Content shall not be in violation of any applicable laws or any third-party rights, including intellectual property rights, privacy rights, personality rights etc. Further, the User Content shall not contain any personal information or any confidential information of either the User or any third party. The User shall be solely responsible for all the User Content, and We are under no obligation to verify the same. The Users further agree to indemnify Us and keep Us indemnified against any losses, damages, costs, fees etc. arising out of or in connection with User Content.
14.3. As part of the effective provision of the Platform Services and quality control purposes, we may request reviews from You about Wellness Professionals and Customers (as applicable) and You agree and acknowledge that such Wellness Professionals and Customers may provide reviews about You to Us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Wellness Professionals are appropriate users of the Platform. If We determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
14.4. You grant Us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub licensable, and royalty-free licence to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.
14.5. In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
14.6. You agree and acknowledge that We, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
15.1. You agree to indemnify, defend and hold harmless Us, including but not limited to Our officers, directors, consultants, agents, employees and vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use.
15.2. Further, you agree to hold the Indemnitees harmless against any claims made by any third-party due to, or arising out of, or in connection with, your use of the Platform or Platform Services/Wellness Services or Content, any misrepresentation with respect to the data or information provided by You, your violation of this Agreement, or Your violation of any rights of another, including any intellectual property rights
15.3. In no event shall the Indemnitees be liable to You or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
15.4. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with this Agreement or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.
15.5. To the maximum extent permitted by law, our total liability towards the Customer shall be limited to the total aggregate amount paid by the Customer on the Platform and our total liability towards Wellness Professionals shall be limited to the aggregate amount payable by Us to such Wellness Professionals.
16.1. We have 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/App/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
16.2. We are not responsible, or liable to any third-party, for the content or accuracy of any materials posted by the Users.
16.3. We have the right to immediately terminate Your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement.
16.4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
16.5. While we have no obligation to monitor Your access to or your use of the Platform (or any feature or part of the Platform), we have the right to do so for the purpose of operating the Platform and providing the Platform 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.
16.6. 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.
16.7. We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary for the following:
16.7.1. Satisfying any applicable law, regulation, legal process or governmental request.
16.7.2. Enforce this Agreement, including investigation of potential violations hereof.
16.7.3. Detect, preventing, or otherwise addressing fraud, security or technical issues.
16.7.4. Responding to Users’ support requests.
16.7.5. Protecting the rights, property or safety of Platform, Users and the public.
We shall not be responsible or liable for the exercise or non-exercise of its rights under the Agreement in this regard.
17.1. We shall collect all the payments for the Platform Services, and for the Wellness Services on behalf of the Wellness Professionals, and settle the same with the Wellness Professionals. No direct payment transactions shall be made between the Customers and the Wellness Professionals.
17.2. All applicable taxes, including Goods and Services Tax (GST), if any, shall be levied in accordance with applicable law.
17.3. The Platform enables Users to make payments through UPI transactions or net banking as per instructions that will be conveyed at the time of making such payments. The Platform does not itself process, store, or collect users’ credit card, debit card, UPI, net-banking, or wallet credentials.
17.4. Payments are made by the User directly to Our designated bank account or UPI ID, as communicated on the Platform. The Platform acts solely as a facilitator for payment collection and We shall not be responsible for any failure, delay, interruption, duplication, or error in payment processing attributable to bank processing delays, incorrect payment details provided by the User, Technical issues at the User’s bank or UPI service provider, banking networks, or payment infrastructure providers.
17.5. Any disputes relating to declined transactions, duplicate charges, technical failures, or unauthorised payment issues shall be addressed by the User directly with the relevant bank. We shall reasonably cooperate to provide transaction references where required.
17.6. We shall issue a valid invoice or receipt for all payments successfully completed on the Platform. Invoices shall be generated by Us and made available electronically through the Platform and/or sent to the User’s registered email id.
17.7. Any discrepancy in an invoice must be reported to Us within a reasonable period from the date of issuance by sending an email to support@nutryze.in. We reserve the right to issue revised or corrected invoices, where permitted under applicable law.
17.8. Refunds, if applicable, shall be processed in accordance with the Our refund and cancellation policy and the timelines prescribed applicable banking or regulatory frameworks.
18.1. This Agreement shall remain in effect unless terminated in accordance with the terms hereunder. If You object to this Agreement or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
18.2. You can delete your account at any time by sending an email on support@nutryze.in.
18.3. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of this Agreement; or (ii) lack of use of the Platform for a period of 1 (one) year.
18.4. You agree that any termination of your access to the Platform may be affected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Platform.
18.5. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Service.
18.6. If Your use of the Platform is terminated, we may delete any Content or User Content or other materials relating to Your use of the Platform and We shall have no liability to You or any third party for doing so. However, your transactions details may be preserved for purposes of tax or regulatory compliance.
18.7. You shall be liable to pay for any Platform Services and/or Wellness Services that you have already ordered till the time of termination by either party whatsoever.
19.1. You may contact our designated Grievance Redressal Officer/Nodal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below:
Email Address: grievance@nutryze.in
19.2. We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
20.1. These terms shall be governed by and constructed in accordance with the laws of India.
20.2. Without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
21.1. Changes to Agreement: The terms of the Agreement are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review the Agreement periodically for any updates or changes. You will be deemed to have accepted the changes if you continue to use the Platform once it has been posted.
21.2. Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services, i.e., both Platform Services and Wellness Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
21.3. Severability: If any provision of this Agreement is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of this Agreement will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
21.4. Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under this Agreement, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.
21.5. Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to support@nutryze.in
21.6. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
21.7. Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.
21.8. IP Infringement: If You believe the Platform or any of the Platform Services violates Your intellectual property, you must promptly notify Us in writing at support@nutryze.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
21.8.1. Intellectual property that You believe is being infringed.
21.8.2. Item that You think is infringing and include sufficient information about where the material is located on the Platform.
21.8.3. Statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property Owner, its agent, or the law to be used in connection with the Platform.
21.8.4. Your contact details, such as Your address, telephone number, and/or email.
21.8.5. Statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.
21.8.6. Your physical or electronic signature.