This is an electronic record in accordance with Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or electronic signature.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which mandates an intermediary to publish rules and regulations, privacy policy and the terms and conditions for access or usage of this website or application.

Services (defined hereinafter) offered on or through our Website (defined hereinafter) or use of any other media format, you (defined hereinafter) accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and us (defined hereinafter). By using the Services, you represent and warrant that you are of legal age to form a binding contract with us.

Therefore, your use of the Website and its related services and tools are governed collectively by these “Terms of Use and the Privacy Policy” as may applicable.

SIGNING UP, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO CREATE ANY USER ACCOUNT WITH US.

If you do not want to be bound by these Terms of Use, you must not retain, access or use the Website in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly in contravention of these Terms of Use may render you liable for legal action.

I. Definition

For the purposes of the Terms and conditions:

    • “Agreement” shall mean the Terms of Use and the Privacy Policy and other policies as may be framed by us from time to time.
    • Coach”, “we”, “our” “us” and “company” shall refer to Payal Kothari.
    • Services” shall include a professional level program Integrative Nutrition and Health Coach for the certifications the same can be availed through our website www.inuen.org by filling a form, available at www.online.inuen.org
    • Website” shall mean the website at inuen.org
    • You”, “yourself”, “yourselves” “student” and “you” shall mean the user, who meets the eligibility criteria set out below.

 

II. Right to Use

Services

Your right to use the Services is subject to the limitations, conditions, and restrictions established by us from time to time, at our sole discretion. We may alter, suspend, or discontinue the Services at any time, without any prior intimation to the User. We may also impose limits on certain features and aspects of the Services set forth herein:

    • you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without our explicit authorization in this regard.
    • you will not share the Services with anyone else who has not purchased it or opted in to receive it.
    • you will not distribute any of the materials contained in the Services or related materials and/or communications as your own.
    • you will not use our Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
    • 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, after consulting the same with the Coach.

We restrict your access to certain parts of the Services or all of the Services without any intimation and liability on us.

Course

You can avail the course by submitting all declarations made in the registration form online (“Form”) for admission. Any false declarations about information provided, or failure to procedure documentary evidence of the information provided may render you liable to expulsion from the Course to which you are admitted. In such cases student will not be entitled to any refund. course manual would be handed over to students ONLY on submission of complete payment of the course fee and registration fee.

If the student registration form is signed on behalf of the student by his/her sponsor/guardian/representative, the above conditions still apply.

Our course enables you to connect to recorded instruction, tutoring, and the related activity which include, without limitation, facilitating and delivering lectures and supporting materials. The validity for all the courses is considered from the course start date. It is mandatory for the student to complete the course within the course validity period. If a student fails to complete the course within the validity period, then they have the option to complete the same by paying a nominal fee which would grant them additional time to complete the course.

III. Availability of Services

By using the Website, you acknowledge that while we take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Website. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of ours and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension or termination of Services.

IV. Account and subscription

To register an account with us, you will be required to fill an online form on the Website, by providing certain essential details as may be provided therein. We expect that You would complete the Form with fairness and honesty while furnishing the information, as required to create an account on the Website.

Every Form filled by You shall undergo a review process by us and we reserve the right to seek such additional details as may be required. During such review process, we reserve the right to suspend or cancel any profile/ account if we are of the opinion that the required profile/ account does not meet the required standards set by us.

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. Further, if at any point of time we come to know or have reasons to believe that any information provided by you is untrue, inaccurate, or incomplete then we have full right to suspend or terminate your membership and forfeit the amount paid (if any) by you towards our membership fee and refuse to provide our Services to you thereafter without any notice.

You are responsible to keep your account details up to date at all times and must ensure that the password which you have created on the Website to access the account must be confidential and must not disclose it to or share it with anyone. You shall be responsible for all the activities that occur under your login id and password. You will not sell or otherwise transfer your account to another person or entity.

 Cancellation by User: You may opt for cancellation of Services anytime by informing us. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate the account, or any Services provided herein. You acknowledge and agree that if you cancel your account or Services, the access associated with that account will be removed permanently from our database and if you wish to create an account again in future, you will have to fill the Form and will have to subscribe to the Services again, all the previous data and information collected by us will be removed.

V. Modifications to the Services and Fees

Fees for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for modification, price change, suspension or discontinuance of the Services. Your continued access of the Sites shall be deemed your notification and acceptance of these changes.

VI. Intellectual Property Rights

You will have limited license to all the intellectual property related to the Services. Any and all materials, paid or free, that You access on this or any related domains that contain our Services are under the sole ownership or licensed use of INUEN.

All images, text, designs, graphics, trademarks and service marks are owned by and is our property. You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trademark, Company name or domain name), in connection with any product or service.

We own and have the authorized license of all intellectual property rights (including copyright) in and to the Website including intellectual property rights in the content hosted, published, displayed, uploaded on the Website by us. Copyright laws and treaties throughout the world protect these works and all rights in and to them are reserved by us. No information, content or material from us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.

 

VII. Liability

The content on the Website has been provided in good faith on an “as is where is” basis without any warranty as to fitness for purpose. The content may contain inaccuracies or typographical errors. Whilst we endeavor to ensure that the information provided by us is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission or that the functions contained in Services, information and materials, including, without limitation any third party sites or services linked to the Website, whether they will be uninterrupted or will be conducted in a timely manner, or that the defects will be rectified by us, or that the servers that make such Services, content, information and materials available are free of viruses or other harmful components. In using the Website, you agree that neither us nor any of our employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links posted by you, other users, or third parties. We will not assure you that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you. Nothing herein shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

VIII. Breach of these Terms

Your Account and associated subscription are non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these Terms, we may terminate your account in our sole discretion and without limitation, either with or without notice. Should we terminate your Account, we will forfeit all the information other compilations created by you through the Website, and you may not be entitled to re-enroll or re-join or create a new account for our services/course unless invited to re-join or to subscribe to a new account by us.

Upon suspension or termination of your account with us, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you. The restriction, suspension or termination of your account or your access to the Website pursuant to this section will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Further, if required by applicable law or by a court order or by other enforcement authorities and/ or agencies or if we in our sole discretion consider the disclosure of such information necessary or appropriate, we will disclose your user identity and other details, as available by us.

IX. Prohibited Uses

In addition to other prohibitions as set forth herein, you are prohibited from using the website or its services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

X. Indemnification

You agree to indemnify and hold us, our representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of the Website, the breach of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.

XI. Disclaimer of Warranties

You expressly agree that your use of the Service is at your sole and exclusive risk. The Services are provided on an “as is, with all faults,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of content or materials, information, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. We expressly disclaim all such warranties. The entire risk as to the quality and timeliness of the information, and all Services provided by us is borne exclusively by you. We use public data and information provided to us by third parties in order to compile each “service” as such, we rely on the providers of this information for its accuracy and correctness. We make no warranty that the Service will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service.

XII. Medical Disclaimers

Any information provided by us on the website is for informational purposes only. You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional medical advice.

RELIANCE ON ANY INFORMATION PROVIDED BY THE WEBSITE OR THE PROGRAM IS AT YOUR OWN RISK.

The Services that we provide doesn’t constitute any medical advice. Our Services should not be misconstrued as medical advice. We do not guarantee as to any particular service or any part of it given to you will be suitable to your health. We shall not be responsible for any issues, side effects including without limitation any allergic reactions to you on account of following our advice, diet and nutrition plans and therefore, we strongly advise you to consult your doctor before trying any of the Services available on our Website. We strongly recommend to consider the risks involved and consult with your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any Services provided by us. In the event, any Service given by us cause any pain, side effect or allergic reaction, or severe discomfort, you should immediately discontinue such Service and immediately consult your doctor.

Our Services are structured to support the health decisions and choices that you make, with respect to your lifestyle. We are not liable or responsible for any injury or disease including aggravation, acceleration or recurrence of such injury or disease or death arising from or in connection with nutritional or exercise advice and dietary information provided in Services.

We do not recommend use of any of our Services as replacement of doctor’s advice or medical treatment. Neither do we take any decision for you or your family as to whether to take medical treatment or not. We respect medicine, science and also respect nature and the intelligence and healing power of human body.

XIII. Termination

The obligations and liabilities incurred prior to the termination shall survive the termination of this agreement for all the purposes. These Terms of use mentioned herein are effective unless and until terminated by either You or Us. You may terminate our Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms mentioned herein, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XIV. Payments and Refunds

    • 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. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
    • It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.).
    • In the event of your absence or withdrawal, for any reason whatsoever, you will remain fully responsible for the unpaid balance of the Services subscribed by you. Under no circumstance will we refund any payments made by you.

XV. General

If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under applicable law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect. If we delay or fail to act in respect of any breach by you of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.

XVI. Miscellaneous

Waiver by you of any breach or default or failure to exercise any right allowed hereunder constitutes a waiver of any prior, or subsequent breach, or default, and a waiver or forfeiture of any similar or future rights. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these terms of use invalid, such invalidity shall not affect the enforceability of any other provisions contained herein and the remaining portions shall continue to be in full force and effect. These Terms of Use and any other related terms constitute the sole and entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Services.

XVII. Use of Services

You shall also comply by the conditions mentioned below herein and the user is not permitted to:

    • Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services on the Website or the Marketplace.
    • 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;
    • 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;
    • 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;
    • Access or attempt to access any content that you are not authorized to access by any means;
    • Alter or modify any part of the Services; and
    • Disrupt or interfere with the security of, or otherwise cause harm to the Website materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/ Marketplace or any affiliated linked sites.

XVIII. Dispute Resolution

If you consider there to be a dispute between you and us regarding the services/course provided by us, please contact us at [email protected]nuen.org. These Terms and Privacy Policy that are available on the Website shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of India to resolve any dispute arising out of the same.

XIX. Contact us

If you need to contact us for anything, you must write to us at [email protected]  If you have any questions, please contact us at [email protected]

XX. Legal Advisor

Our legal advisor is Ms. Kavita Patwardhan. If you have any legal queries, you can contact her at [email protected]