PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you grant your assent to these Terms & Conditions. If you do not agree to these Terms & Conditions, you are not authorized to use this website. These Terms & Conditions govern your use of the website, any content (such as text, data, information, software, graphics, photographs, video, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other content) that NEEV Nutrition & Weight Loss Centre and its syndicate members/affiliates (hereinafter “Neev“) may make available through the website (hereinafter “materials”) and any services that Neev may provide through the site (hereinafter “services”). The website, materials, and services are referred to in these Terms & Conditions collectively as www.neevnutrition.in (hereinafter “ website”).
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, Neev reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In its sole discretion and without prior notice or liability, Neev may discontinue, modify or alter any aspect of the Website, including, but not limited to, (I) restricting the time the Website is available, (II) restricting the amount of use permitted, and (III) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as Neev may otherwise provide from time to time, you agree that Neev may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or the Website. Further, you agree that Neev shall not be liable to you or any third- party for any termination or cancellation of your access to, or use of, the Website. From time to time, Neev may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
3. RESTRICTIONS ON USE
Unless otherwise specified, Neev grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains Materials that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Material which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Material, in whole or in part. When Material is downloaded to your computer, you do not obtain any ownership interest in such Material. Modification of the Material or use of the Material for any other purpose, including, but not limited to, use of any Material in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. TRADEMARK INFORMATION
The Neev Logo etc. are service marks of Neev and this website. Our failure to list a current trademark is not a waiver of our intellectual property rights to that name or logo. Use of any of our trademarks by you, expressly or impliedly, interalia in commerce etc., shall be a violation of the law without the express written permission of Neev.
5. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. Some of the Material on this Website may not be appropriate for children. Children under the age of 13 years are not permitted to use this website. Neev strongly recommends that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website. The Website is not available to persons whose membership has been suspended or terminated by the Owner of the Website.
6. YOUR ACCOUNT AND REGISTRATION
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password
You agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”); and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Website or its sponsors have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Website Owner has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
Registration on the Website is free. Neev does not presently charge any fee for registering and browsing on the Website. However, this is subject to any future changes in the membership fees, which shall be intimated accordingly.
The Website also provides for acceptance in registration for new registering users for accessing certain sections of the Website. Any use other than by the registered user shall constitute unauthorized use of those sections of the Website.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- You are solely responsible for the Information provided by you in the registration, bidding, online shopping process, in the feedback area or through any e-mail feature;
- Information provided by you:
- Shall not be false, inaccurate or misleading;
- Shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Shall not infringe anybody’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
- Shall not be threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law
- Shall not contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information; and
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
- Any material you send to the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. Neev is entitled to use any or all of it for any purpose, without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast, and posting.
7. CHARGES FOR FEE-BASED PRODUCTS
Certain portions, components, content, and features of this Website are only available to individuals who purchase one of our Weight Loss Plans (“Fee-Based Products”). As a purchaser of one of our Fee-Based Products, you agree as follows:
- You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed charges and fees set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Notwithstanding anything in these Terms & Conditions to the contrary, all the charges and fees for our Fee-Based Products are not refundable.
- In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Website and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
- For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the sign up process to our Fee-Based Products (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the “My profile” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
- If your registration is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this these Terms & Conditions or by law.
- You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your account until you update your Subscription Data. You are entirely responsible for any and all activities that occur under your user account.
8. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Neev will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Neev provides to you electronically satisfy any legal requirement that such communications be in writing.
9. PERMISSION TO QUOTE, COPY OR USE OUR MATERIALS
Accessing images or text provided on the Website do not give you any rights to use them as you desire. You may not, at any point, and for any reason whatsoever, modify, copy, reproduce, republish, upload, post, transmit or distribute, in any way, any material from this site including code and software without prior and written, discretionary approval from us. Neev may provide from time to time certain useful material for free download. You may download material from the website for only your personal use and for non-commercial use, provided you 1) keep intact all copyright and other proprietary notices, 2) do not copy or post the material on any networked computer or any other type of media, 3) make no modification to the material and 4) make no representations of ownership.
If you wish to quote information, material, use our trademarks or our images and graphics of any kind from this Website in any form of publication or for non-personal or commercial use, please contact us.
10. LINKS TO THIRD PARTIES
Neev reserves its right to amend or modify this website at any time and without notice. These Terms & Conditions shall govern your use in effect at the time of each usage, and as amended from time to time. Neev may amend these Terms & Conditions at any time and any revised version will be effective immediately that it is displayed on this website.
12. HEALTH DISCLAIMER
This Website provides weight loss management and health management programs and also information, applications and content published over the internet and is intended only to assist users in their personal weight loss/health management efforts. Neev is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
13. DISCLAIMER OF WARRANTIES
The materials on this site are provided ‘as is’ and without warranties of any kind either expresses or implied. To the fullest extent permissible, pursuant to applicable law, Neev disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose. Neev does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Neev does not warrant or make any representation regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all necessary maintenance, repair or correction.
14. CREDIT CARD INFORMATION
Neev has contracted the services of a banking partner to process credit/debit card transactions made online. Our banking partners’ secured server encrypts your credit/debit card information so that it may be safely transmitted over the Web. Your credit/debit card information will not be released by Neev or its banking partner to any other party, without your express consent. However, such information may be disclosed if so required under any law for the time being in force or if required under any order of a Court of law.
15. LIMITATION OF LIABILITY
In no event shall the Website, its sponsors or agents be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence) whatsoever. Neev, its associates and affliates make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Website or its sponsors assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website; and/or
- Any interruption or errors in the operation of the Website. You expressly understand and agree that Neev, its primary sponsors, its associates and technology partners shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
You expressly acknowledge and agree to indemnify, defend and hold Neev, subsidiaries, affiliates, officers, directors, employees, agents, information providers and suppliers harmless from all losses, expenses, damages, costs, claims or demands, (including but not limited to reasonable legal fees, defense or settlement costs and accounting fees), resulting from any violation of these Terms & Conditions by you or any activity related to your account and/or use of the Website by you or any other person accessing the Website using your account or arising in any other way, whether in contract, tort, negligence, statute or otherwise.
This agreement is effective until terminated by Neev, whether expressly or impliedly, at any time without notice. In the event of termination, you are no longer authorized to access any information or bulletin boards that the site may host in future and the restrictions imposed on you with respect to material downloaded from the websites, the disclaimers, and limitations set forth in this agreement shall survive.
This website has been designed and these Terms & Conditions shall be governed by and construed in accordance with the laws of India. Any dispute arising out of the accessing or use of this website shall be subject to the jurisdiction of the courts of law situated in Mumbai, India.
19. MISCELLANEOUS TERMS
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and Neev relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website. Each time you access this Website, you will be deemed to have accepted any such changes.
Neev may assign its rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right under the Terms & Conditions but the same shall remain in full force.
20. CONSENT OF CLIENT
I authorize Neev to use my phone number and e-mail address for providing me any information including promotions and offers related to Neev through SMS/ call/ e-mail regarding even if my number is registered with DND Registry.