This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms govern your use of this Software; by using this Software, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Software.
The term ‘The Nutrition Alchemy’ or “the Company” 'us' or 'we' refers to the owner of the Software whose registered office is A, Floor-1, Plot-CS 1/412, A, Saifee Park, Opp. Post Office, Dr Mascarenhas Road, Mazgaon, Mumbai City, Maharashtra, 400010
The company’s services include food label creation and food label validation, nutrition advice, food regulatory advice, nutrition content and information, computer software programs and nutrition technology solutions therein, food data and databases, and other proprietary materials that belong to The Nutrition Alchemy or its licensors (collectively referred to hereinafter as “Services”)
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Software at any time and without notice.
You may use the Software for lawful purposes only. You may not submit or transmit through the Software any material, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business, or entity, including the Company and its employees and agents;
contains viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
You may not use the Software in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Software.
You may not attempt to gain unauthorized access to the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use the Software or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Software to violate the terms of this section. We may terminate your access or use of the Software immediately and take any other legal action if you, or anyone using your access to the Software violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Software own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, word mark, logos, brand names, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Software are our trademarks. Our content contains our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of FolSol®.
This Software contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.
LICENSE TO USE
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Software and material on the Software. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Software for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Failure to comply with any of these requirements will result in forfeiture of your account.
Results are dependent on the accuracy and correctness of any and all details, information, data and support provided by a user. Such inputs are the sole responsibility of the user.
You must not:
republish material from this Software (including republication on another website);
sell, rent or sub-license material from the Software;
show any material from the Software in public;
reproduce, duplicate, copy, or otherwise exploit material on this Software for a commercial purpose; re-distribute material from this Software except for content specifically and expressly made available for redistribution;
Where content is specifically made available for redistribution, it may only be redistributed within your organization/identified vendors; and/or
Any such use of the Software and/or its material, otherwise which shall be opposed by us.
On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and dam-ages that occur under your account, including unauthorized use of your account.
If you have reason to believe that someone is using your account without your permission, you should contact us immediately.
We are not responsible for any loss or damage resulting from unauthorized use.
The user or viewer must have a device enabled with wi-fi, 3G/4G connectivity for using or viewing the Software. The software will be supported by the following browsers - Internet Explorer: version 11 and above ; Microsoft Edge - version 14 and above ; Mozilla Firefox - version
52 and above ; Google Chrome - version 49 and above ; Safari - version 10 and above.
The user or viewer shall bear all data charges for the use or view of the Software as charged by their respective network carrier/s.
If you object to your information being transferred or used in this way please do not use the Software.
SUBSCRIPTION AND TRANSACTION:
The Company shall charge fees for subscribing to complete access to the services made available by the Company. This shall be valid for a period as per the subscription plan chosen through the website by the subscriber. The subscription shall be further subject to automatic renewal and deduction of fees for such term as per the initial subscription plan chosen through the website by the subscriber. The subscriber will be billed on monthly or yearly basis, due at the time the subscriber purchases our service. All renewals will be processed automatically using the credit card stored by the subscriber while making the purchase. The subscriber may choose to cancel the subscription at any time subject to the cancellation and refund policy below.
A valid payment method and accurate and complete billing information is needed to process the payment for you to use our service. By providing us with such payment information, you automatically authorize ww.foodlabelsolutions.com to charge full fees incurred through your bank account and agree to auto-renew, unless you have cancelled your subscription in accordance with our cancellation policy.
We maintain the right to change the prices and/or subscription terms for our services. If you are an existing user, we will notify you in advance of any changes
A subscription can only be deemed to have completed once the following condition has been met the Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concerned subscriber in the Company bank account.
Any transaction both effected and completed through the website or otherwise will apply to such Terms. At this point, both parties are subject to the Terms.
Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the website.
Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
We reserve the right to cancel any subscription at Company’s sole discretion. However, we will ensure that any communication of cancellation of subscription, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
Subscription plans are displayed on the website for user information and to indicate adoption of plan(s). These plans are subject to cancellation/upgrade/revision and/or change. Users are advised to read the terms and conditions carefully and keep updated with the plans from time to time. Subscription for a particular service/s shall not be combined/used with/for any other service offering.
The subscription plans availed at a certain price shall on every transaction additionally include, if applicable, Goods and Services Tax (GST), any and all other taxes, duties, costs, charges and expenses, in respect thereof and any other amount charged by the Company. Invoices, if any, shall be issued via e-mail to the customer.
The website may consist of links/offerings from Partners, i.e. third-party service providers/merchants/vendors/partners. Costs for such Partners’ services shall be additional and over and above such subscription fee. These offerings may include without limitation laboratory tests, translation services, certifications, audit, analysis and such other services which will not be combined with the subscription fee. Terms and conditions of such Partners shall be applicable for such purchases.
We have no direct involvement in transactions between users having connected other than through the website and shall have no liability in case of any defaults arising in such cases.
You acknowledge that we:
are not the owner of the Partners’ services being offered;
will not get involved with any dispute between a Partner and user to the extent specified; and
are not responsible in any way if any offers displayed and subsequently sold via this website by a Partner prove unsatisfactory.
Additionally, disputes relating to any Partner offering shall be dealt with by such Partner directly. We are not responsible for ensuring that Partners complete a transaction and make no guarantees whatsoever to the Partners that their offers, if any, will be purchased if displayed on our website.
All payment will be through indicated online payment gateway options, using common payment modes like - credit, debit cards, UPI, and Stripe (preferably). Terms and conditions of such chosen option shall apply to such transaction.
For any and all payment related issues you can write to us at firstname.lastname@example.org
Users are prohibited from violating or attempting to violate the security of the Software, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Software, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
This Software is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Software shall be deemed to be using this Software with the valid consent of an adult guardian and such guardian shall be considered a party to the Software.
You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Software. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Software.
If the customer upgrades to a higher value plan, the customer is charged the new plan rate on a pro-rata basis to be included in the next scheduled billing cycle. All accounts are pre-paid in full at time of purchase or upgrade.
No credit is given if the customer downgrades to a lesser value plan within scheduled payment.
All new charges are applied to the next billing cycle.
If the customer downgrades to a lower value plan, the customer is charged the new plan rate from the next scheduled billing cycle. Customer agrees and acknowledges there is no downgrading of an account in the same billing cycle.
If the customer chooses to cancel their account they must cancel before the next billing cycle to avoid scheduled charges. Refunds are on a case-to-case basis and at the Company’s sole discretion.
To cancel a subscription, such cancelation must be made at least 1 (one) day prior to the expiration date of such subscription to avoid being charged for auto-renewal. Upon cancellation, you will no longer have access to your account or the information in it. Your recipes and data will be retained for up to 6 (six) months. If you re-activate your account within such time, you will be able to access all your information.
We do not entertain any refunds. However, a subscriber can make a request which may be considered subjectively at the sole discretion of the Company. Such requests can be e-mailed to email@example.com or call on +919892722166 for more information on this..
Services will not be made available during planned downtime or Force Majeure subject to prior written notice by the Company. However, in event of an unplanned downtime/uncertain Force Majeure event (including without limitation bugs, internet disruption, failure of telecommunication or digital transmission links, internet slow-downs or failures, virus or any such internet/technological frailties and/or any such events/circumstances beyond our control),
we shall not be held liable in any manner whatsoever for the non-provision of services during such periods.
You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Software in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
Software may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Software are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Software from another Software or document without the Company’s prior written consent.
DISCLAIMER OF WARRANTIES:
We provide the Software “as is” and “as available.” We make no express warranties or guarantees about the Software. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Software and all software, Content, Services, any services and products distributed through the Software are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
Without prejudice to the generality of the foregoing paragraph, we does not warrant that:
this Software will be constantly available, or available at all; or
the information on this Software is complete, true, accurate or non-misleading
Nothing on this Software constitutes, or is meant to constitute, advice of any kind.
We may allow access to or advertise certain third-party service providers from which you may purchase certain services. You understand that we do not operate or control the services offered by third-parties. Third-parties are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and third-parties.
You agree that use of or purchase from such third-parties is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTIES OR FOR ANY INFORMATION PROVIDED BY THIRD-PARTIES.
LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Software. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Software is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Software, Services, services provided through the payment gateway on the Software or any other services of the Software arising from your use of, inability to use, or reliance upon Software. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Software or that the operation of the Software will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Software. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Software.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Software, breach of the Terms including rules and policies incorporated herein under any applicable law.
We make no representation that the Content on the Software is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Software from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Software, prohibiting you from accessing the Software, blocking computers using your Internet Protocol address from accessing the Software, contacting your internet service provider to request that they block your access to the Software and/or bringing court proceedings against you.
Further, it is clarified that unauthorised use of this Software may give rise to a claim for damages and/or be a criminal offence.
This contract and any supplemental terms, policies, rules and guidelines posted on Software constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Software automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Software. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Software, for any reason, with or without notice.
GOVERNING LAW AND JURISDICTION:
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No changes to these Terms shall be made except by a revised posting on this page.
If you do not agree to these Terms, you should immediately cease using the Software. If you want to delete your account on the Software, please use contact instructions posted on the Software at which you obtained the account.