THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INDIAN CONTRACT ACT 1872; THE INFORMATION TECHNOLOGY ACT 2000, THE RULES MADE THEREUNDER; AND THE AMENDED PROVISIONS PERTAINING TO THE ELECTRONIC RECORDS IN VARIOUS OTHER 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. IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED HEREIN, PLEASE DO NOT USE THE SITE OR ANY SERVICES PROVIDED.
These Terms are effective upon acceptance and governs the relationship between the User and NourishMentor (includes its affiliates and subsidiaries, jointly and severally). If the Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Website.
1. The Website is the property of NourishMentor and /or its subsidiaries. By downloading, browsing, accessing or using the Website, the User agrees to these Terms, including agreeing to indemnify and hold harmless NourishMentor from all claims of any nature arising from the access and use of the Website or the Services by the User. These Terms may be changed at any time at the sole discretion of NourishMentor. These Terms pertain to all Websites, subsidiaries or affiliates of NourishMentor.
2. Please read these Terms carefully. These Terms, as modified or amended from time to time, are a binding contract between Nourishmentor and the User. If the User visits, uses, or operates the Website (or any future Website or platform operated by Nourishmentor), the User accepts these Terms. In addition, when the User creates any current or future content or visits or uses any of the content uploaded on the Website, the User will also be subject to the guidelines and conditions applicable to such Service.
3. The Website takes no responsibility for the content uploaded by any User to the Website.
6. To read the complete Terms, please see below.
1. Registration and creating account. You may use our Service only if you are legally able to form a binding contract with NourishMentor, and only in compliance with these Terms and all applicable laws. When you create your NourishMentor account you must provide us with accurate and complete information. Access to and use of the Website is restricted to registered Users only. Some content on the Website may require different types of registrations and/or payment of additional fees. In order to register and use the Website, you must provide truthful and accurate account information, including but not limited to username, email address, phone number, billing address, and credit card information. You are responsible for updating Your account information as necessary to keep it accurate. Failure to provide us with accurate information may limit the functions and features available and the termination of your account. You may not:
I. Select or use a name of another person with the intention of impersonating such person;
II. Use a name of anyone else without authorization;
III. Use a name in violation of the intellectual property or any other legal rights of any person; or
IV. Use a name that NourishMentor considers, in its sole subjective discretion, inappropriate.
2. Children under 18. Use of the Website is available only to persons over the age of 18 (eighteen). If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register on the Website. If it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years, we will terminate your account. We will not be liable for any harm caused to you on account of any use of the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving our Services under the applicable laws.
3. Our License to you. Subject to these Terms, the Policies and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable sub-license to use our Service and Website on your own behalf. Portions of our Service might include software that may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those portions of the Service, and these Terms will apply to such upgrades. You do not have the permission to distribute content from the Service through any medium unless NourishMentor provides express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NourishMentor. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of NourishMentor and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s or NourishMentor’s name or trademarks without the express written consent of NourishMentor. Any unauthorized use terminates the permission or license granted by NourishMentor.
NourishMentor reserves the right to refuse access to the Website or any Services to new Users or to terminate access granted to existing User(s) at any time without furnishing any reasons for doing so.
Your Order will be processed within five business days from the date you submit your health form. Once you purchase the plan, it will reflect on your account immediately but the meal plan details will be updated by the nutritionist after a phone call or after reviewing the health form. The nutritionist will take upto five days to update the plan and you will receive an email once your plan is active. There are no shipping costs involved or shipping time. The access to account is instantaneous and you will be able to view recipes and other informational content.You shall not have more than one active Account (as defined hereinafter) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Website. You shall not share password of Your Account with any other person. We reserve the right to terminate your subscription/registration hereunder if We, in Our sole and absolute discretion, believe that You are in violation of this Clause. in the event Your subscription to a program is terminated pursuant to any violation to the terms and conditions, the subscription fees or plan fees paid by You to NourishMentor shall not be refundable.
You will be granted access to the content (Meal Plan, Exercise plan, activities, coaching and other services) based on the plan/service purchased and for the specific duration only, as specified at the time of purchase. Once the duration is over, your access will be disabled, and you won’t have access to the historical data, plans, videos or any educational material. It is your responsibility to utilize the components of the plan while your access is active. All access to the user account shall be blocked/restricted upon the completion/expiry of the duration of the subscribed plan. The commencement of the subscribed plan will depend on the date when your custom plan is created by our team. Since, we review needs of each customer and create custom plans, it might take upto 7 (seven) business days or more from the date of purchase. Once your plan is active, the plan duration will be calculated from that date. Please note that we start working on your custom plans only after you fill your health form. Any delays from your side will delay the commencement date of your plan. In case, you do not provide us details in the health form, the commencement of the plan will be on hold. However, once the plan begins, you will get the complete duration that you purchased. There is no impact on the duration or end date of plan.We do not provide the option to pause the plan once you purchase it. In an unlikely event where you’re not able to utilize the plan due to health issues, injury or covid, please notify us and we might grant additional days of access. The decision of NourishMentor team will be final and binding in such cases.
Anything that you post or otherwise make available on our Service, or that is posted on our social media sites such as Facebook, Instagram, Youtube is referred to as “User Content.” In case you post any content, including videos, photos, graphics, sounds, audio-visuals, comments, and other materials on our Website or Social Media accounts, you are solely responsible for the content. You further agree that the User Content you submit to the Service will not contain third party copyright protected material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material. NourishMentor takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you will bear legal responsibility for that content. NourishMentor reserves the right to remove any content, comments or any objectionable material posted by you.Feedback you Provide- We value hearing from our users and are always interested in learning about ways we can improve our Services. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
We care about the security of our users and ask that you keep your username and password in a safe place. While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. In the event that You find that you are a victim of identity theft, and someone is using Your name/personal details to make use of Our Services, You should immediately notify us. We reserve the right to suspend any account at any time with or without notification to the Users in order to prevent any occurrence of what We believe to be a fraudulent activity.You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
NourishMentor is the sole owner or lawful licensee of all the rights of NourishMentors ’s Site. Here, “Site” shall mean, NourishMentor’s website, including all content which includes educational material, fitness videos, courses, images, blog, diet plans, exercise plans, activities, website design, layout, text, graphics, sound, video etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights of the Website and its content shall remain with NourishMentor, its affiliates or licensers of NourishMentor ’s content, as the case may be.
1. You shall not download or otherwise make available to anyone material posted on our Website. You shall not transmit or post any content on social media without express written permission from NourishMentor.
2. You shall not share your credentials, diet plans or exercise plans with anyone, or circulate/distribute any material available on NourishMentor website or shared with you as part of the service through any means such as email, whatsapp or pdf files.
3. We do not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.
4. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
5. In case you submit any User content to any public area of the Website or on our social media accounts, you warrant that the owner of such material has expressly granted NourishMentor the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User hereby grants NourishMentor, the right to edit, copy, publish and distribute any material made available on the Website by the User.
1. We shall charge for the Services and other programs offered on the Website. Before availing any such Service or purchasing any plan, the applicable charges are shown on the Website for the said Service or Plan. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
2. Every Plan or Service is made available for a specific duration, based on the plan selected. In the event you are not able to utilize the plan, we will not modify the duration, provide extension or modify the charges. The applicable charges are final as specified on the website at the time of purchase.
3. The payment for any plan is pre-paid and for the duration of the plan specified.
4. NourishMentor reserves the right to change prices for the plans at any time. The charges applicable to you will be based on the date you purchased the plan and as reflected on the website at the time of transaction.
1. Once you purchase any plan on the Nourishmentor website or enroll for any services provided by NourishMentor team and your payment is processed by the Bank, the amount paid by you is non-refundable.
2. All Our Plans/Services are digital, they are deemed "used" on purchase. This means that We have a strict no refund policy with regard to any dissatisfaction that you may have with respect to the Services availed through the Website. Therefore, under no circumstances shall NourishMentor refund the Plan Fees (wholly or partially) paid by You at the time of registering
3. In the event you are tested COVID positive, We shall offer you extension of the program subscribed by you. You will have to notify Us about your test results.
4. The duration of the plans offered is fixed, and specified at the time of purchase. If you are not able to utilize the plan for the entire duration, due to any reason, health, injury or personal issues, partial refund is not possible.
5. There is no option to pause the plan once you purchase it. In the unlikely event such as health issues, injury or covid, we might review your case and grant additional days of access.
6. The plan offered might have multiple components such as Meals, Exercise, Activities, Learning videos etc. Our plans are offered as a full package and we cannot charge you for a part of the plan. In case you are not able to utilize some part of the plan, such as exercises, due to other arrangements or injury, we will not issue any refund, or partial refund for the components left unutilized.
7. If you have any grievances or face technical issues, you may send an email to firstname.lastname@example.org. Our Team will review such emails, on a case by case basis, and may extend the duration of the plan or provide alternatives, as it deems fit. The decision of NourishMentor team on any such matter shall be final and binding.
8. Price updates: Prices for the Products may change at any time without prior written notice.
9. We reserve the right to change this Refund and Cancellation Policy terms and conditions at any time. Any such changes will take effect when posted on the website.
Your account will be active only for the duration of the plan purchased, specified at the time of purchase. Upon completion of the duration, the account will be disabled and you won’t have access to the historical data, plans, videos or any educational material. We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. In the event you have a paid subscription, and there is a breach of any kind, we will suspend your account and provide a written notice to your provided email address and an opportunity to cure such breach. If such breach remains uncured after 10 (ten) days following transmission of the notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole subjective discretion, we will reinstate your account.
1. This Website shall contain content on personal fitness, weight loss, nutrition, wellbeing, pregnancy, self care, mental health, and disease management. Please note that such content made available on the Website is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs provided on the Website should be performed or otherwise used/consumed without clearance from Your physician/doctor or health care provider first. The information provided on the website, which includes but not limited to educational videos, tips, courses, images, guidance, coaching, advice is not intended to provide specific physical. Emotional or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. Our team might have professional degrees in Medical Science or Nutrition, but we are not practicing any medical consultation through NourishMentor and our plans or guidance should not be substituted for proper Medical care or visiting a doctor.
2. Not all exercises shown on the Website are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel dizzy, faint or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. We are not responsible for any injuries that result from participating in the exercises shown on the Website.
3. We make no claims of curing any of your illness/weakness or achieving Your desired goals. Our only intention is to deliver the subscribed Services to the best of Our capability and ensure that each of the subscribed Services are rendered, unless our engagement is terminated. We do not guarantee any specific results from taking our programs. Due to different dispositions, the practices and treatments shared on the Website varies for everyone. Many factors influence how successful the Users will be with Our recommendations. Any projections made in Our advertising materials are purely based on opinions, not fact.
4. The information available on the NourishMentor Website including the social media accounts, courses, and webinars is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. We recommend that You should consult a specialist doctor and not rely exclusively on information provided on the Website and/or the NourishMentor social media handles for your health needs. All specific medical questions should be presented to Your own health care provider and you should seek medical advice regarding Your health and before starting any nutrition, weight loss, pregnancy, disease management or any other type of plan. Our team provides guidance and videos related to disease management, pregnancy, emotional wellness but the guidance is generic and may not be applicable to everyone. Every person is different and you need to take caution before practicing anything or following any recommendation/tip. Due to the online nature of our plans, we cannot monitor the effects in-person and they vary. These recommendations are not a substitute for proper Medical care and advice
5. There may be risks associated with participating in activities presented on the Website for people in good or poor health or with pre-existing physical or mental health conditions. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
6. The results obtained from the information available on the Website may vary, and will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables. There are no guarantees concerning the level of success You may achieve/experience by subscribing to the program.
7. By accessing the Service, you understand that physical activities, in any form, carry the risk of injury. You understand that it is your responsibility to know your physical and mental capabilities for activities you chose to do. You are responsible to ensure that, by participating in and using the Service, you will not exceed your limits or skill levels while using the Service. From time to time, the Service may suggest physical adjustments or the use of equipment, but you shall be solely responsible to determine if any such suggested adjustment or equipment is appropriate for your level of ability or physical or mental condition.
8. You understand that any content accessible through the Service is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for individual training. Certain activities demonstrated in the Service and certain specialized skills may require the guidance of an individual coach. You accept the risks involved if you try to use these techniques without supervision. You acknowledge that certain activities shown in the Service are inherently dangerous, and that you will use these videos at your own risk. You are responsible for researching the appropriate safety gear to wear.
9. Certain demonstrations, and exercises contained in the Services are performed by professionals, so for your safety and the protection of those around you, do not attempt, or attempt to recreate or re-enact, any activity performed in the Services that you have not been properly trained to complete. Serious injury and death can result from engaging in such activities.
10. Certain activities demonstrated through the Service may be stressful on the body. Accordingly, you are urged and advised and shall take steps to seek the advice of a physician before beginning any physical activity regimen, routine, or program or using any suggested equipment shown in the Service. You are never required to perform any suggestions and comments within the Service relating to physical activity, poses, moves or the use of equipment. If you do so, then you are conducting such activities voluntarily and at your election. You shall not construe anything contained in the Service as any form of any medical advice.You expressly waive and release any claim that you may have at any time against NourishMentor, or any person or entity involved or in any way associated with NourishMentor , including, without limitation, its directors, officers, principals, coaches, experts, independent contractors, employees, agents, contractors, affiliates, and representatives for any injury or health issue of any kind related to your use of or participation in the Services or for not obtaining satisfactory results upon usage of the Services
11. You acknowledge and undertake that you are accessing the services on the Website and participating in any physical, dietary, or self care activity at your own risk and are using your best and prudent judgement before participating.
12. The advice or information provided by experts via the Website is provided for informational purposes only and cannot be considered as a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any Expert.
13. The Meal plans offered in the service are generic and might not consider any allergies that you have, or any effects of meal consumed. Our programs are digital in nature and we cannot monitor the quantity or quality of meal consumed. You are responsible for making a judgement on your dietary requirements and food choices, and we are not responsible for any illness arising due to the meals.
14. You understand and agree that although an expert may be a physical trainer, doctor, counsellor, nutritionist , therapist or other mental health professional, NourishMentor disclaims any and all liability for any guidance rendered by an Expert to you through the Site or any plans designed by the experts. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Site and the experts are not a substitute for Medical care.
15. If you think you have a physical, medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
16. Your use of information provided on the Site and availing of Services on the Site is solely at your own risk. NourishMentor is not and will not in any manner be involved in the practice of medicine, fitness or the provision of medical care or any ancillary services to that extent.
1. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to the Website, the Services, the training rendered by NourishMentor personnel and each portion thereof.
2. We have endeavored to ensure that all information on the Website is correct, but NourishMentor neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or the Services rendered through the Website. NourishMentor shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Website is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
To the maximum extent permitted by law, Nourishmentor shall not be liable for any direct or indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
1. Your access to or use of or inability to access or use the service;
2. any conduct or content of any third-party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or
3. unauthorized access, use or alteration of your transmissions or content.NourishMentor will have no liability related to any User Content arising under intellectual property rights, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User Content. NourishMentor 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 Website or Services made available through the Website, either with or without your knowledge. The aggregate liability of NourishMentor, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for the services availed pursuant to an order under which such liability has arisen and been established. It is acknowledged and agreed that notwithstanding anything to the contrary, NourishMentor shall not be liable, under any circumstances, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
2. 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 Website, the Services made available through the Website or Content on the Website. The limitations and exclusions in this Clause shall apply to the maximum extent permitted by applicable laws.
4. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of NourishMentor shall be the minimum permitted under applicable law.
For any dispute you have with NourishMentor, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitration and Conciliation Act, 1996, as amended, except as provided herein. The Arbitration shall take place in Jalandhar, Punjab in English. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Nourishmentor from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service by any User.
1. Notification Procedures and changes to these Terms- NourishMentor reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. Please review these Terms periodically. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
2. Assignment- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NourishMentor without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
3. Entire Agreement/Severability- These Terms, together with the Policies and any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and NourishMentor concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:
Phone : +91-6284960091
Email : email@example.com
Address: NourishMentor, Basti Adda Road
Jalandhar - 144001, Punjab (India)
This Terms and Conditions of Service was last updated on Jan 22, 2024.