TERMS AND CONDITIONS

TERMS OF USE

WELCOME TO BEYONDNUTRITION

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and Beyond Nutrition India Inc ("Beyond Nutrition" or "BeyondNutrition" or "we" or "us" as the context requires) governing your use of Beyond Nutrition's software and/or products or services with the characteristics and features as described on www.beyondnutrition.net.in (“Website”) (referred to collectively as the "Services").

By accessing the Website, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website.

BeyondNutrition will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to use the Website and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website is subject to the most current version of the terms of use posted on the Website at the time of such use.

BeyondNutrition has created this Website to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to blogs on healthy lifestyle. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

  1. ACCESS

    1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website by notifying the same on our Website from time to time without prior notice to you. We will not be liable, if for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website, or our entire Website, to Users who have registered with us.

    2. BeyondNutrition grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without BeyondNutrition’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

    3. In order to access the Services, you will need to register on the Website and create a “Member” or "REGISTERED USER" account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

    4. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.

    5. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.

    6. Upon completing the registration process, you will be provided with a user name/identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify BeyondNutrition of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: contact@BeyondNutrition.net.in.

    7. You are responsible for making all arrangements necessary for you to have access to our Website and thereby the Services. You are also responsible for ensuring that any persons who access our Website and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to BeyondNutrition for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

    8. BeyondNutrition reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by BeyondNutrition from using the Website or Services for any reason whatsoever.

  2. MEMBERSHIP/REGISTRATION FOR THE SERVICES

    1. Once you complete registration on the Website, you will be a member or registered user which:

      1. allows you to access and post content on the Website;

      2. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website;

      3. allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein;

      4. allows you to make use of the Services on the Website subject to these terms and conditions;

      5. does not allow you to use email addresses displayed on the Website for any purpose other than that specifically authorized by us.

    2. By providing BeyondNutrition your email address/ phone number you consent to:

      1. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.

      2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress and the usage of our Services, and relating to any new promotions and sales opportunities on the Website.

      3. Our using on your email address, phone number and other ancillary information to fulfil the orders placed by you on the Website; and

      4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: Contact@BeyondNutrition.net.in. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

  3. GRANT OF LICENSE

    1. Subject to these terms and conditions of use, BeyondNutrition grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

  4. PRIVACY AND YOUR PERSONAL INFORMATION

    1. For information about BeyondNutrition's data protection practices, please read BeyondNutrition's privacy policy set out below. This policy explains how BeyondNutrition treats your personal information, and protects your privacy, when you use the Services.

  5. UPLOADING MATERIAL TO THE SERVICE

    1. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website, or to make contact with other users of our Website, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

  6. Restrictions on Content

    1. Your contribution must not:

      1. belong to another person and contain any information that you do not have any right to;

      2. Be defamatory of any person;

      3. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

      4. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;

      5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      6. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;

      7. Be harmful to minors;

      8. Infringe any intellectual property including copyright, database right or trade mark of any other person;

      9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

      10. Be likely to harass, upset, embarrass, alarm or annoy any other person;

      11. Impersonate any person, or misrepresent your identity or affiliation with any person;

      12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

      13. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

      14. Be such that it is known by you to be false, inaccurate or misleading;

      15. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      16. Be content for which you were compensated or granted any consideration by any third party;

      17. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.

      18. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

      19. We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

  7. RESTRICTION ON USE OF SERVICES

    1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle BeyondNutrition to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

      1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;

      2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website;

      3. Attempt to copy any software provided to you as part of the Services or the Website and in particular its source code, or attempt to decrypt any part of such software that is provided to you;

      4. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;

      5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;

      6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;

      7. Use any of BeyondNutrition’s domain name as a pseudonymous return email address;

      8. Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;

      9. Access or attempt to access any content that you are not authorized to access by any means;

      10. Access the Website through any other means other than through the interface that is provided by us;

      11. Alter or modify any part of the Services; and

      12. Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated linked sites.

  8. RIGHTS RESERVED BY BEYONDNUTRITION

    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 constitutes a violation of their intellectual property rights, or of their right to privacy.

    2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.

    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 or the Privacy Policy.

    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.

    5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website and providing the 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.

    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. For some of the Services, BeyondNutrition may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.

    7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of BeyondNutrition, its Users and the public. BeyondNutrition shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

    8. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website itself.

    9. BeyondNutrition shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

  9. BREACH OF CONTENT STANDARDS

    1. When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website;

      2. Immediate, temporary or permanent removal of any contribution already posted on the Website using the Services, upon your failure to cure the breach that is brought to your notice;

      3. Issue of a warning to you;

      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. Further legal action against you; and

      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

    2. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

    3. Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by BeyondNutrition to the Website or the Services will automatically terminate.

  10. CONTENT

    1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which BeyondNutrition may suffer). BeyondNutrition exercises no control over the content posted on the Website using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.

    2. A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. BeyondNutrition hereby disclaims any and all responsibility and liability associated with the same.

    3. You acknowledge and agree that BeyondNutrition is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

    4. You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third-party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.

    5. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    6. You hereby acknowledge and understand that as a part of selling products on the Marketplace, various vendors may post images, descriptions and other content. We as BeyondNutrition are independent aggregators of these vendors and will have no liability in relation to such content posted by the said vendors, including without limitation, in terms of the authenticity or reliability of such content, in any manner whatsoever.

  11. DISCLAIMERS

    1. Beyond nutrition cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Beyond nutrition disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

    2. Beyond nutrition disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any beyond nutrition services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against beyond nutrition for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

    3. The Services may provide, or third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

    4. You agree that your use of the Website and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. BeyondNutrition shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.

    5. If you are older than 30 (thirty) years of age, or if you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services:

      1. heart disease;

      2. high blood pressure;

      3. family history of high blood pressure or heart disease;

      4. chest pain caused by previous exercise;

      5. dizziness or loss of consciousness caused by previous exercise;

      6. bone or joint problems;

      7. diabetes, high cholesterol, obesity; or

      8. arthritis.

    6. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

    7. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website. Reliance on any such content is solely at your own risk.

  12. CONTENT LICENSE FROM YOU

    1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. BeyondNutrition will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.

    2. By Posting any User Content on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to BeyondNutrition a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.

    3. You understand that BeyondNutrition, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit BeyondNutrition to take these actions.

    4. You are solely responsible for your contributions to any online forum BeyondNutrition may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to BeyondNutrition, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to BeyondNutrition a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.

    5. You confirm and warrant to BeyondNutrition that you have all the rights, power and authority necessary to grant the above license.

  13. BILLING AND PAYMENT

    1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. BeyondNutrition may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

    2. It is your responsibility to promptly provide BeyondNutrition with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). BeyondNutrition does not validate all credit card information required by the Customer's payment provider to secure payment.

    3. You must notify BeyondNutrition about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to BeyondNutrition’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.

    4. In respect of purchases made on the Website, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.

  14. INDEMNITY AND LIMITATION OF LIABILITY

    1. You agree to defend, indemnify and hold harmless BeyondNutrition, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website.

    2. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:

      1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;

      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website or in connection with the use, inability to use, or results of the use of the Services or our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

        1. loss of income or revenue;

        2. loss of business;

        3. loss of profits or contracts;

        4. loss of anticipated savings;

        5. loss of data;

        6. loss of goodwill;

        7. wasted management or office time; and

        8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

    3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services and/or the purchase price paid by you for Services provided by BeyondNutrition.

  15. OFFENCES

    1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

    2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

  16. LINKING TO THE WEBSITE

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

    2. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.

    3. These linked sites are under no way in control of BeyondNutrition and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.

    4. If you wish to make any use of material on our Website other than that set out above, please address your request to: contact@BeyondNutrition.net.in.

  17. SECURITY

    1. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

  18. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

    1. All right, title and interest in usage of the terms BeyondNutrition.net.in, BeyondNutrition including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

    2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Beyond Nutrition India Inc and its licensors. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Beyond Nutrition India Inc.

    3. Except as expressly provided in these terms of use, no part of BeyondNutrition and no content or marks, data, statistics, independent research conducted and posted by BeyondNutrition may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

    4. By accepting the use of terms hereunder you agree that the BeyondNutrition does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by BeyondNutrition, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.

    5. Any usage of BeyondNutrition’s contents, without the written authorization of BeyondNutrition, shall be considered a breach of this Agreement, and you shall be required indemnify BeyondNutrition for all liability incurred in this regard.

  19. REFUND POLICY

    1. Once you have subscribed or bought a service provided by Beyond Nutrition, you can’t get a refund for any payments you have already made.

    2. For the avoidance of doubt, it is hereby clarified that there shall be no refunds or cancellations entertained or initiated in respect of service purchases made by Users on the Beyond Nutrition website.

  20. GRIEVANCE OFFICER

    1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
      In the event of any complaints or concerns with respect to the website or our services, please contact our Grievance Redressal Officer Dr. Mallikarjuna Reddy Somala at: contact@BeyondNutrition.net.in.

 

PRIVACY POLICY

 

This privacy policy (“Policy”) was last changed on December 05, 2021. We may occasionally make changes to the Policy. If we do, we shall notify either by sending you an e-mail. Please make sure to read such notices carefully.

We hold the sincere belief that you should always know what data we collect from you, the purposes for which such data is used, and that you should have the ability to make informed decisions about what data you want to share with us.

This is why we want to be fully transparent about: (i) how and why we collect, store, share and use your personal data through the various capacities in which you interact with us; and (ii) the rights that you have to determine the parameters of this interaction.

While we would strongly advise you to read the Policy in full, the following summary will give you a snapshot of the salient points covered herein:

  • This Policy details the critical aspects governing your personal data relationship with ‘BeyondNutrition’ which is owned and operated by BeyondNutrition India Inc, a company under the laws of India, and having its office at No. 1, Opposite Koratty Panchayat, Koratty – 603803 Kerala, India;

  • Your personal data relationship with BeyondNutrition varies based on the capacity in which you interact with us/avail of our products and services (“Services”). You could be: (i) a visitor to https://www.BeyondNutrition.net.in (“Website”) or any pages thereof (“Visitor”); or (ii) a person who has an account with BeyondNutrition to avail our Services (“Registered User”);

  • Based on whether you are a Visitor or Registered User, the type of data we collect and the purpose for which we use it will differ and this Policy details such variations;

  • This Policy applies to all the Services provided by BeyondNutrition through the Website, App or any other associated website of BeyondNutrition;

  • This Policy is a part of and should be read in conjunction with our Terms of Service; and

  • This Policy will clarify the rights available to you vis-à-vis the personal data you share with us.

 

If you have any queries or concerns with this Policy, please contact our Grievance Officer. If you do not agree with the Policy, we would advise you to not visit/use the Website.

1. INFORMATION WE COLLECT AND HOW WE USE IT

WHAT DATA WE MAY COLLECT

  • VISITOR

    1. Your IP Address;

    2. Your location;

    3. How you behave on the Website, (what pages you land on, how much time you spend, etc.);

    4. What device you use to access the Website and its details (model, operating system, etc.); and

    5. Cookies and web beacon data.

  • REGISTERED USER​

    1. Your name, age, gender, phone number, e-mail address, mailing address;

    2. Your height, weight;

    3. Your lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes;

    4. Your ethnicity, genetics, health or sexual orientation;

    5. Username or other relevant unique identifier;

    6. How you behave on the Website, (what pages you land on, how much time you spend, etc.);

    7. Your IP Address;

    8. Your location unless you deactivate location services in the relevant section of the Website;

    9. How you behave in the relevant product environment and use the features;

    10. What device you use to access the Website and its details (model, operating system, etc.); and

    11. Cookies and web beacon data.

HOW AND WHY WE USE IT

  • VISITOR

    • We use this information to analyse and identify your behavior and enhance the interactions you have with the Website.

    • If you submit your details and give us your consent, we may use your data to send you e-mails/newsletters, re-target BeyondNutrition advertisements or re-market our Services using services from third-parties like Facebook and Google.

  • REGISTERED USER​

    • We collect this data in order to help you register for and facilitate provision of our Services.

    • We use this data to show age appropriate content and advertisements.

    • We use this data to track your nutrition, weight and fitness regimes.

    • We use the data from the device you access our Website to identify the login information of multiple users from the same device.

    • We use this data to prepare a specific diet plan and training regime for you.

    • We use this data to enable you to make payments for our Services. We use a third-party service provider to manage payment processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf

    • We use this data for processing your requests, enquiries and complaints, customer services and related activities.

    • We use this data to communicate about existing or new offers, content, advertisements, surveys, key policies or other administrative information.

    • We also use this data to provide you with informative features and services that are developed by us from time to time.

    • We also use this data for providing, testing, improving, or recommending the Services.

    • We also use this data for analytics and reviews to improve the Services.

    • We also use this data to provide support to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law or anti-fraud activities/systems.

    • If you give us your consent, we may send you newsletters and emails to market other products and services we may provide.

WHAT ARE THE COOKIES AND WEB BEACONS REFERRED TO ABOVE?

  • COOKIES

WHAT THEY DO

  • Cookies are text files which are sent from our server and downloaded to your device when you visit our Website.

  • They are useful because they allow us to recognize your device when you return. You can disable them through your browser should you so wish.

  • We use cookies to see which parts of our Website are used by Registered Users/Visitors and to record the number of visits to our Website.

  • You can find more information about cookies at: www.allaboutcookies.org

WHAT THEY WON’T DO

  • Contain any executable software, malicious code or virus.

  • Web Beacon

WHAT THEY DO

  • Web beacon (also known as Clear GIF, Web Bugs or Pixel Tag) is a tiny picture file embedded on the Website that tracks your behavior and navigation. It is similar to a cookie in what it does, but it does not get downloaded on to your device.

  • We use web beacons to manage cookies, record visits, and to learn marketing metrics. We also use web beacons to track and monitor email opening rates as well as link clicks.

  • You can find more information about web beacons at: http://www.allaboutcookies.org/faqs/beacons.html

WHAT THEY WON’T DO

  • Contain any executable software, malicious code or virus.

Usually, browsers have default setting to accept cookies until you change your browser settings. You can choose to reject and remove cookies from our Website by changing your browser settings. If you reject or remove our cookies, it could affect how our Website works.

FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW.

2. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN THE EU

It might have come to your attention that a new law was passed in the European Union (EU) called the General Data Protection Regulation (GDPR). The GDPR gives certain rights to individuals who are EU data subjects, in relation to their personal data.

 

Subject to the GDPR and applicable law’s limitations, the rights afforded to you if you are an EU data subject are:

RIGHT TO BE INFORMED

You have a right to be informed about the manner in which any of your personal data is collected or used which we have endeavored to do by way of this Policy.

 

RIGHT OF ACCESS

You have a right to access the personal data you have provided by requesting us to provide you with the same.

 

RIGHT TO RECTIFICATION

You have a right to request us to amend or update your personal data if it is inaccurate or incomplete.

 

RIGHT TO ERASURE

You have a right to request us to delete your personal data.

 

RIGHT TO RESTRICT

You have a right to request us to temporarily or permanently stop processing all or some of your personal data.

 

RIGHT TO OBJECT

You have a right, at any time, to object to our processing of your personal data under certain circumstances. You have an absolute right to object to us processing your personal data for the purposes of direct marketing.

 

RIGHT TO DATA PORTABILITY

You have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data for using another third-party’s product/service.

 

RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING

You have a right to not be subject to a decision based solely on automated decision making, including profiling.

In case you want to exercise the rights set out above you can contact our Grievance Officer whose details are set out in Section 13 below.

 

The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at contact@BeyondNutrition.net.in Additionally, we may process your data to serve legitimate interests.

 

Accordingly, the grounds on which we can engage in processing are as follows:

 

NATURE OF DATAGROUNDS

Visitor Data

  • Consent;

  • Performance of a Contract; and

  • Legitimate Interest.

Account Registration Data

  • Performance of a Contract; and

  • Legitimate Interest.

Special Categories of Personal Data

  • Consent; and

  • Performance of a Contract.

Payment Data

  • Legitimate Interest; and

  • Performance of a Contract; and

  • Compliance with applicable laws.

Service Usage Data

  • Performance of a Contract; and

  • Legitimate Interest.

Data for Marketing our Services

  • Consent; and

  • Legitimate Interest.

Personal Stories

  • Consent.

If you believe we have used your personal data in violation of the rights above or have not responded to your objections, you may lodge a complaint with your local supervisory authority.

3. RETENTION OF PERSONAL INFORMATION

  • We will store any personal data we collect from you as long as it is necessary in order to facilitate your use of the Services and for ancillary legitimate and essential business purposes – these include, without limitation, for improving our Services, attending to technical issues, and dealing with disputes.

  • Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws.

  • We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our legal obligations, resolve disputes and enforce our agreements.

  • If you are a Registered User, please be advised that after you terminate your usage of a Service, we may, unless legally prohibited, delete all data provided or collected by you from our servers.

4. TRACKING BY OUR ADVERTISEMENT PARTNERS

Upon receiving your specific consent, we may share the data we collect from cookies or web beacons with our advertisement partners to track your visits, establish your non-personal identity and present you with targeted advertisements about our Services.

5. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT

As a business service, we neither knowingly collect or store nor use any personal data of any individuals under the age of 13. We do not target our Services towards individuals under the age of 13. Individuals under the age of 13 should seek the consent of their parents before providing any information about themselves, their parents, or other family members on our Website.

6. THIRD PARTY LINKS

We may display links to third-party websites or applications on our Website or App for advertising or providing you with relevant content. We will not be responsible for such third-party websites or applications if you choose to access them. If you provide any data to such Websitelication, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.

We may receive data whenever you visit a third-party link through our Website which includes the date and time of your visit to the third-party website, the web address or URL, technical information about the IP address, browser and the operating system you use and, if you are logged into BeyondNutrition, your username.

7. COMPELLED DISCLOSURE

In addition to the purposes set out in the Policy, we may disclose any data we collected or processed from you if it is required:

  • under applicable law or to respond to a legal process, such as a search warrant, court order, or subpoena;

  • to protect our safety, your safety or the safety of others or in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm;

  • to investigate fraud, credit risk or violation of our Acceptable Use Policy;

  • in connection with legal proceedings brought against BeyondNutrition, its officers, employees, affiliates, customers or vendors;

  • to establish, exercise, protect, defend and enforce our legal rights; or

  • when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.

8. SECURITY OF YOUR PERSONAL INFORMATION

Your password is your first line of defence once you set up a BeyondNutrition account, we recommend that you set a strong password which you never share with anyone.

9. ACCESS, CORRECTION & DELETION

  • You may request access, correction or updation, and deletion of the data by contacting contact@BeyondNutrition.net.in You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to our Services.

  • Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you. We will perform verification before providing you access to this data.

  • You may opt out of our marketing emails by clicking on the ‘opt-out’ link provided in the emails. However, we may still send you non-marketing emails about your accounts or any other transactions with you.