Terms & Conditions

This Terms of Use (“Terms”) lays out the terms and conditions, as may be amended from time to time, of Nutristein [•](“Nutristein/We/Us”), which shall govern, (i) the access and browsing of the Platform of Nutristein, accessible at Nutristein.ae (“Platform”), along with the social media handles and accounts of Nutristein (“Social Media Handles”) (with the Platform and Social Media Handles collectively referred to as “Platforms”), and (iii) availing the Services (defined below) offered by Nutristein through the Platforms, by visitors, registrants, and/or users (“Visitor”/ “You”).

Nutristein is an online platform that provides personalized healthy meal delivery services in Dubai, Sharjah, Abu Dhabi and other emirates of the UAE.

Along with the Terms, the use and access of the Platforms and the Services shall also be governed by the Privacy Policy, which is incorporated herein by reference and can be accessed at (“Privacy Policy“).

Please read the Terms carefully before

(i) accessing or browsing the Platforms,

(ii) booking an appointment through the Platforms,

(iii) availing Services through the Platforms, and

(iv) posting reviews, feedback, and other content on the Platforms.

By engaging in any of the actions mentioned above, You hereby signify your absolute and unconditional acceptance and acknowledgment of the Terms and the Privacy Policy and Your agreement to be legally bound by the same with Nutristein (“Agreement”), without any modifications and exceptions (including consent to the collection, use, storage, processing and disclosure of your information as set out herein and the Privacy Policy). You may not access any of the Platforms or avail the Services, or undertake any of the actions mentioned above if you do not accept the Terms and the Privacy Policy.

SERVICES AND ACCEPTANCE OF TERMS

The kind of services offered by Nutristein through the Platforms is as follows (collectively referred to as the “Services”):

Free nutrition and diet consultation with our expert nutritionist team, which shall inter alia include a minute nutritional assessment, nutrition education, and personalized meal plan;

Delivery of meals, as per the meal plan and package opted by the clients;

Option to customize the meal plans and packages in line with the meal choices and diet specifications of the customers; and

Other ancillary services as may be determined by Nutristein from time to time.

Nutristein reserves the right to change the Terms without any prior notice or intimation of such changes to you. Changes to the Terms shall be effective when posted on the Platform, and you agree to review the Terms periodically to become aware of any changes.

Your use of certain features, functionality or programs of the Services, offered on or through the Platforms, may be subject to additional terms and conditions, and prior to you use any such features, functionalities or other details,you would be deemed to have accepted such additional terms and conditions.

The Terms shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.

OBLIGATIONS OF THE VISITOR

To avail any of the Services offered by Nutristein, the Visitor is required to fill in the contact forms on our Platform, or exercise such other contact options for contacting us as may be provided in the Platforms from time to time. Our representatives shall then reach out to you, at your designated contact number or through your specified email id (as indicated by you) to further discuss and familiarise you with our Services. Nutristein may verify your phone number provided to us, by generating a onetime password. Nutristein holds the right to decline to provide Services to any of the Visitors at its sole and absolute discretion, and without assigning any reason or giving any notice thereto.

If you decide to proceed with availing the Services, You will be requested to generate and provide our team with certain data namely, weight, height, age and such other particulars so as to enable our team to recommend the best meal plan for you. After you select the preferred meal plan, You shall be requested to fill in the customer onboarding form that will shared by our team, which shall contain your phone number, email, particulars of the meal plan, address for delivery, the starting date of the meal plan, and any other preferred delivery instructions.

After receipt of the complete and filled in customer on boarding form from you, and confirmation of the meal plan by You (whether through email or a verbal confirmation on phone, both of which shall be considered as a valid confirmation), we shall either generate a separate payment link to you or enable payment through the Website, to make the relevant payments. We may either require you to pay certain portions of the payment as upfront payment (with the remaining payments to be made in regular tranches), or the entire payment as upfront advance for the selected duration of the plan, in AED. Upon receipt of the amount by us, we will send you an email confirmation of the receipt of the payments and the commencement of your meal plan.

The plan confirmed by you should be utilised within a maximum period of 50 days from the date of confirmation. If you wish to pause the plan in between (when it was not intimated to us at the time of confirming the meal plan), you shall be allowed to do so only upon an approval of Nutristein, and it shall be subject to reasonable prior intimation by you (but in any case, not less than 3 days) to our team. If you wish for the meals to be not delivered on a particular date, or to resume your plan thereafter, you shall have to provide a minimum two days’ advance notice to us. We will not compensate or extend the plans to cover such skipped days.

After your meal plan subscription is about to expire, our team will reach out to you for renewal of the subscription. If we do not receive a renewal confirmation from you within the prescribed time period, we will cease to make any deliveries once the initial plan expires. Notwithstanding the above, Nutristein shall have the option to store and continue billing your payment method (e.g. credit card) on an auto subscription basis, until you expressly cancel or opt out of such package/subscription, to avoid interruptions in the Services.

You shall provide true, accurate and complete information about yourself in the customer onboarding form and while availing the Services (“Data”). If you provide any information that is untrue, inaccurate, not current or incomplete, or Nutristein has reasonable grounds to suspect that the Data or any part thereof is untrue, inaccurate, not current, incomplete, not made in good faith, generated by an automated means or scripts, or otherwise violative of the Terms, Nutristein has the right to suspend or terminate your access, or to modify / withdraw/ remove the content and details submitted by you on the Platforms or to our team, and refuse to you any and all current or future use of the Platforms and/or any of the Services.

FOOD PREPARATION AND DELIVERY

Food: We have fixed menus that shift weekly. If you wish to have custom macros or calories, an additional fee of AED 250 per month shall be applicable. The food boxes are labelled with the production date. The food shall be delivered cold in the thermal bags with the ice packs. The food may be retained in the thermal bags for a maximum of up to 3 hours, but after that the food should be stored in 0 to 5 degrees Celsius prior to consumption, otherwise the food may get spoiled.

Meal Plans: We offer monthly and weekly meal plans, with six different diet options. There shall be four sizes available for each diet, with the specific details of the sizes and plans set out in our Platforms. Meal plans are amended according to the calorie and macro nutrient ranges assigned for each type of meal plan. Further, it may be amended according to your declared dislikes, allergies and preferences. It is advised that all such dislikes, allergies and preferences should be intimated to us at the time of your onboarding. We can cater up to a maximum of 5 allergies or dislikes. While we do not have a dedicated gluten-free section, our team is well-trained to ensure the separation of gluten-containing ingredients from the dishes of gluten-intolerant and celiac customers to reduce risks. If you wish to change from a higher value plan to a lower value plan, the change shall be made within 48 hours after intimation, with no extra fee chargeable, and no reimbursements from our end. In case of a change from a lower value plan to a higher value plan, you shall have to pay the difference in the amount for the remaining days.

Thermal Bags: Two thermal bags, and two ice packs per thermal bag shall be assigned to each client, in which the meals shall be delivered. The thermal bags containing the meals shall be placed at the door of the customer. We shall request for an advance upfront deposit for the thermal bags assigned to you, which shall be separate from the meal plan costs. The thermal bags and ice packs should be returned to us on a daily basis, to avoid delivery in a paper bag. You can return it to us by placing it outside the door at night or such other indicated time period. These will be collected by our team when the next meal is delivered to you. To avoid any loss of the ice packs, the thermal bags should be properly zipped up. If you default /delay in returning the thermal bags to us, we will send a reminder to you. If the delay or default continues for more than 3 days, then we reserve the right to suspend your subscription plan, until all thermal bags are returned to us. It is clarified that the thermal bags shall remain the property of Nutristein and cannot be retained by you. You shall not remove any labels or markings on the thermal bags. Before the expiry of the subscription period, and at least 2 days before such date, you shall be responsible to return the bags, without any damage, to us. Your last 2 deliveries may be done through paper bags. If you lose the thermal bags, or they are stolen, or damaged, then you shall be liable to pay AED 1,000 as penalty to us.

Delivery partner: We will use a third party courier company to deliver the Meals (“Courier”). Where these Terms refer to us arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by our Courier. Our Courier will take reasonable steps to deliver the meals to you within the delivery slots (of 4 to 6 hours in case of within Dubai, and 8 hours in case of any other Emirates) opted by You. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us in the customer onboarding form. The Courier will deposit the thermal bags containing the meals at the customer’s door.

If you require any changes to the delivery slot or delivery address provided by you, please reach out to our customer support team with an intimation of at least 3 days in advance, and we will make best efforts to effect such changes at the earliest possible time. Any last minute changes intimated by you can be approved only subject to the confirmation from the account manager.

Once the delivery is made in accordance with your instructions, the meals are deemed to be your responsibility. We will not be responsible for any theft, any interference to the meals by third parties /animals/ pests, and spoilage of the food in any other manner, after it is delivered to you. We will not able to be deliver your meals at a specific time but only at any time within the delivery time slot. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of this Agreement and failure to deliver at such time will not constitute a breach of these Terms.

For the avoidance of any doubt, where a delivery is made in accordance with your instructions and subsequently goes missing: (i) this will be regarded as a successful delivery; and (ii) you will be required to pay an additional redelivery charge.

If our supply of the meals is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary. If, having taken all reasonable steps, we are unable to deliver your meals, we will attempt to contact you. We will only attempt to contact you to make other arrangements where you have expressly given us permission to do so. If we are unable to deliver in such circumstances, we reserve the right to charge you for the meals that you should have received that day in any event.

Cancellation and refund: Once payment is made by the Visitor to avail any Services through the Platforms, the Visitor shall not have the right to cancel and redeem, or require a refund of the payments made, irrespective of whether he avails or does not avail the Services, unless otherwise solely determined by Nutristein. You shall be entitled to cancellation and refund within the first 5 days of the plan, subject to applicable cancellation /processing fees. Nutristein may at its sole discretion decide to honour any cancel requests after the initial 5 days of the plan, provided that it shall take minimum 2 weeks to process with 20% cancellation fee on the payment applicable for the remaining duration. The remaining payment, if any, shall be refunded to you, or you may transfer it to another customer.

If any Services require or result in a transaction with a third party (including payment service providers), the Visitor agrees to abide by their terms of use, and other relevant instructions of such third party service provider(s). The Visitor shall be solely responsible for any payments made from his bank account in this relation. Nutristein shall not be a party to such transaction or agreement, and shall not be responsible for any actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction. Nutristein accepts no obligation and responsibility for the use of the payment option by the third party service provider.

You acknowledge and agree that Nutristein shall have the sole discretion to change any rates of payment as applicable to its Services, at any time, without prior notification or intimation to you. Nutristein shall, at its sole discretion, determine and finalise, rates as applicable to different territories, for the same or identical Services. Nutristein shall be entitled, at any time, to change a free Service to a paid Service.

The images of the meals on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the meals. Your meals may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our meals are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Platform have tolerance.

REPRESENTATIONS AND COVENANTS OF THE VISITOR

Each Visitor who avails the Services represents that he is a UAE resident and is above 18 years of age. The services offered through our Platforms are limited to specifically identified territories within the UAE. If you are accessing our Platforms or requesting for Services from outside such territories, we will not be able to provide you with the Services.

The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services. The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the Platforms or while availing Services, in any manner whatsoever, other than in the manner permitted under these Terms.

The Visitor represents that he shall not use any of the Platforms or its Services for any illegal purposes as per the applicable laws.

You acknowledge and understand that You are prohibited from modifying the Services or eliminating any of the content available on the Platforms or of the Services.

You agree that You will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Platform and / or Services, or use and/or monitor any information in or related to the Services, for any unauthorized purpose. Specifically, You agree not to use the Platforms or avail the Services to:

violate any law or encourage or provide instructions to another to do so;

post or submit any content that is untrue, or misrepresentative, or that could damage the Services, the Platforms, or Nutristein, or any third party, or is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or guidelines as applicable to UAE (“Applicable Laws”), or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;

post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation, other than as expressly permitted under these Terms;

deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;

embed, re-publish, maintain and/or display any Platform content on any website or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive;

obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services and the Platforms;

exploit errors in design, features that are not documented and/or bugs to gain access that would otherwise not be available;

use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Platforms without Nutristein’s prior written consent;

use any manual process to monitor or copy any of the material on the Platforms or provided by us to Your, or for any other unauthorized purpose without Nutristein’s prior written consent;

copy, duplicate, license, sell (including to a competing entity), display, transmit any information obtained in the course of accessing the Platforms or availing the Services, whether that of Nutristein or any other third party, without the express authorization from Nutristein or such third party, unless expressly permitted under these Terms;

unduly influence any individual/entity, or coerce, or provide incentives, to submit/post prejudicial, false or inaccurate reviews and other content on the Platforms;

introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material that is malicious or technologically harmful or that may damage the operation of another’s property or of the Services; or

remove any copyright or other proprietary notices from the Platforms, or the Services, or any of the materials contained therein.

LINKS TO OTHER SITES

The Platforms may contain links to other websites or may contain features of any nature of other websites or social media handles (“Allied Sites”). The Allied Sites are not under the control of Nutristein, and Nutristein is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.

Nutristein is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any links contained in the Allied Site. Nutristein does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

USER GENERATED CONTENT

Nutristein may allow the Visitors to post, transmit, publish, disclose, rate, review, or store content, messages, text, images, applications, or other data or materials on the Platforms (“User Generated Content/UGC”).

Unless prohibited by applicable law, any UGC generated, posted or published by the Visitor voluntarily on the Platforms for public access and availability, and any other information or content that it may have provided to Nutristein with an express consent for public consumption (either in accordance with these Terms or the Privacy Policy) constitutes the Visitor’s permission and license granted to Nutristein to display such content, through the Platforms, or otherwise for marketing, promotional and advertisement purposes, in perpetuity, in any manner that Nutristein deems appropriate, without any compensation to such entrant or any approval rights, notifications, or permissions. The Visitor shall however be entitled to revoke any consent already provided to Nutristein, and Nutristein shall take all reasonable efforts, subject to the Privacy Policy, to remove, alter or withdraw such content from the Platforms, within a reasonable period of time, or till the cache associated with the search option is refreshed.

Unless otherwise agreed to in a written agreement between the Visitor and Nutristein that was signed by an authorized representative of Nutristein, and notwithstanding any other provisions of these Terms, by publishing, posting, displaying, submitting and/or uploading any of his/its UGC in connection with the Services, the Visitor grants to Nutristein, a permanent, irrevocable, royalty free, non-exclusive and fully sub-licensable right and license, without any territorial or time limitations, and without requiring any approvals, intimation, and/or compensations from the Visitor, to use, copy, modify, reformat, adapt, publish, translate, edit, dispose, create derivative works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC, or redistribute, promote or provide the Services, into or through existing or future formats/mediums of work, media or technology.

The rights granted by the Visitor to UGC shall terminate generally upon expiry of the Visitor’s subscription, except in relation to, (i) use for promotional purposes; and / or (ii) for the reasonable time it takes to remove from the backup and other systems of Nutristein.

The Visitor shall be solely responsible for his UGC and the consequences of posting, uploading, publishing, transmitting, disclosing or otherwise making available his UGC on the Platforms, including its legality, reliability, accuracy and appropriateness. Nutristein is not responsible, or liable to any third party, for the content or accuracy of any UGC made available by the Visitor or any other user of the Platform/ Services. Nutristein does not control the UGC provided or contributed by the Visitor, and Nutristein does not make any guarantee whatsoever related to UGC submitted or contributed by the Visitor. Although Nutristein sometimes review UGC provided or contributed by the Visitors, Nutristein is not obligated to do so. Under no circumstances shall Nutristein be liable or responsible in any way for any claim related to UGC provided or contributed by the Visitors.

You further agree that the UGC You provide to Nutristein will not contain third party copyrighted material, or material that is subject to third party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to provide the material and to grant to Nutristein all of the license rights granted herein.

Nutristein does not endorse any UGC by any user except as provided for under these Terms, or any opinion, recommendation, or advice expressed therein, and Nutristein expressly disclaims any and all liability in connection with UGC. You agree that UGC consists of opinions from third parties, and may contain inaccuracies.

CONTENT REVIEW AND TERMINATION

Nutristein shall have the right to:

remove any UGC You provide or contribute to the Platforms or in relation to the Services, for any or no reason at its sole discretion;

take any action with respect to any UGC provided by the Visitor that Nutristein deems necessary or appropriate in its sole discretion, including if Nutristein believes that such UGC violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Nutristein;

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;

to maintain the Services in a manner Nutristein deems appropriate and to the maximum extent permitted by applicable laws.

Without limiting the foregoing, Nutristein shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone providing any UGC on or through the Services.

VISITOR’S COVENANTS

The Visitor’s rights on the Platforms and in relation to the Services, are conditioned upon compliance with each of the following:

the Visitor will not provide false information about him or anyone else (including, without limitation, if and when the Visitor is being asked on the Platforms to provide accurate information about the Visitor’s age), and the Visitor will not impersonate or appear to impersonate anyone else or otherwise misrepresent the Visitor’s affiliation with any person or entity;

the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platforms (or any parts thereof);

the Visitor will abide by all copyright notices, information, restrictions contained in or associated with any of the Platform content;

the Visitor will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Platforms;

the Visitor will not use any of the rights granted to him or any of the Platform content in a manner that suggests an association with any of the Services or brands, unless otherwise specifically permitted by Nutristein;

The Visitor shall not, in any platform, or through any mode or medium, or in any interviews, use derogatory language, remarks or provide untrue negative feedback or defame, directly or indirectly, the Services or Nutristein.

the Visitor will not do anything on the Platform that would prevent other users’ access to or use of the Platform, Services or any part thereof.

The Visitor represents and warrants that he has the power and authority to execute, deliver and perform his obligations under the Terms and all necessary corporate, shareholder and/or other actions have been taken by him to authorize such execution, delivery and performance, on behalf of himself, or on behalf of any organization/entity the Visitor represents, and that the Terms constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. In the event of any change in designation, or termination of You by Your organization, You shall promptly intimate and/or update such events to Nutristein. The execution, delivery and performance of his obligations under the Terms does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon him or the organization/entity he represents.

The Visitor acknowledges and agrees that as between Nutristein and the Visitor, Nutristein owns all right, title and interest in the Services and the Platforms; and nothing in this Terms shall confer on the Visitor any license or right of ownership in Nutristein’ intellectual property rights and/or the Nutristein or its contents.S

The Visitor also understands that the Services may include certain communications from Nutristein as service announcements and administrative messages. The Visitor understands and agrees that the Services are provided on an “as-is-where-is” basis and that Nutristein does not assume any responsibility for deletions, mis-delivery or failure to store any Visitor communications or personalized settings.

LICENSE AND PROPRIETARY RIGHTS

Subject to the Terms, Nutristein hereby grants to the Visitor, if and only to the extent the necessary functionality is provided to the Visitor on or through the Platforms or while availing the Services, the following limited, revocable, non-exclusive, non-transferable, non-assignable, royalty-free rights and licenses, limited to the territory of UAE (each a “License”):

the License to access, view and otherwise use the Platforms (including, without limitation any information or Services provided on or through the Platforms) for the personal and lawful use by the Visitor, in the manner permitted under these Terms, and as intended through the normal functionality of the Platforms; and

the License to use any other functionality expressly provided by Nutristein on or through the Platforms for use by Visitors, subject to the Terms.

The content of the Platforms and all copyrights, patents, trademarks, service marks, trade names, software codes and all other intellectual property rights therein, whether registered or unregistered, are owned by Nutristein and are protected by applicable federal laws of the UAE and international copyright and other intellectual property laws. The Visitor acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the content of the Platform and/or any portion thereof, unless expressly permitted under these Terms, or provided by the Visitor.

We reserve the right to offer discounts, schemes and special promotions on occasion with different terms and conditions than the ones stated above without prior notice. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

TAXES

The Visitor shall be responsible and liable for all taxes and charges in connection with any cash payments made by him, which shall be exclusive and additional to the payment rates specified by Nutristein. Nutristein shall have the option to store and continue billing Your payment method (e.g. credit card) until You expressly cancel or opt out of such package, to avoid interruptions in Your Services.

CONFIDENTIALITY

Nutristein and the Visitor hereby agree to keep the data, information and any non – public details, or details specifically designated as confidential or proprietary, disclosed or provided in relation to the Services, either from Nutristein or from third parties through the Platform (“Confidential Information”) confidential and shall not disclose the same without the consent of the other. Any Confidential Information provided to the recipient, through the Platform, shall be used only for the purposes for which it was disclosed. The recipient of the Confidential Information shall take all reasonable measures to prevent any unauthorised leak, breach or disclosure, by itself, or any of its employees, agents or representatives. In the event of any unauthorised disclosure or breach of the Confidential Information by the recipient, the recipient shall promptly inform Nutristein and the discloser about the same.

However, it is clarified that Nutristein expressly disclaims any and all liabilities, claims, damages and losses, arising from or attributable to, an unauthorised breach, disclosure, or leak of Confidential Information, either by itself, or through any third parties on the Platform.

The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by Nutristein and/or when the parties independently obtain it from a third party.

BREACH

Without prejudice to the other remedies available to Nutristein under the Terms or under Applicable Law, Nutristein may limit the Visitor’s activity, warn other Visitors of the Visitor’s actions, immediately temporarily / indefinitely suspend or terminate the Visitor’s registration/ availing or providing of Services through the Platform, and/or refuse to provide the Visitor with access to the Platform / Services if the Visitor is in breach of these Terms and/or the documents it incorporates by reference.

Once the Visitor has been suspended, the Visitor may not register or attempt to register with Nutristein or use the Platform / avail the Services in any manner whatsoever until such time that the Visitor is reinstated by Nutristein. Notwithstanding the foregoing, if the Visitor breaches the Terms or the documents it incorporates by reference, Nutristein reserves the right to recover any amounts due and owing by the Visitor to Nutristein and to take strict legal action as Nutristein deems necessary.

Nutristein is under no obligation to enforce any of these Terms on Your behalf.

TERMINATION

Either the Visitor or Nutristein may terminate this Agreement with or without cause at any time to be effective immediately. Causes for termination may include, but shall not be limited to, breach by the Visitor of this Terms of Use, requests by enforcement or government agencies, and/or requests by the Visitor.

This Agreement may be terminated by the Visitor by discontinuing the Services in the manner set out in these Terms. Nutristein shall not be liable to the Visitor or any third party for termination of the Agreement. Should the Visitor object to any Terms or become dissatisfied with Nutristein in any way, the Visitor’s only recourse is to immediately discontinue the use of the Platform and/or the Services.

Upon termination of these Terms, the Visitor’s right to avail Services shall immediately cease, and the Licenses (to the extent applicable) granted herein shall stand revoked. The Visitor shall have no right and Nutristein shall have no obligation thereafter to execute any of the Visitor’s uncompleted tasks.

INDEMNIFICATION

The Visitor agrees to indemnify, defend and hold harmless Nutristein and its directors, officers, employees, agents, third party service providers, and any other third party providing any service to Nutristein in relation to the Services, whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Nutristein that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by the Visitor pursuant to the Terms, or any User Generated Content provided by the Visitor.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF

Nutristein has endeavoured to ensure that all the information provided by it on the Platforms (including User Generated Content/UGC, which is defined below) is correct, but Nutristein neither warrants nor makes any representations regarding the quality, accuracy, authenticity or completeness of any data or information displayed on the Platforms. Nutristein makes no warranty, express or implied, concerning the Platform and/or its contents, and the Services, and disclaims all warranties of fitness for a particular purpose and warranties of quality, accuracy, reliability, suitability, merchantability, non – infringement, and title, in respect of any information (including UGC) available on the Platform, or the Services. Nutristein disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information (including UGC) as is displayed or communicated through or on the Platforms, or the Services offered through the Platforms.

In no event shall Nutristein be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from: (i) the use or the inability to avail the Services; (ii) unauthorized access to or alteration of the Visitor’s transmissions or data; or (iii) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the Visitor’s use of the Platform or availing of the Services.

Nutristein shall not be responsible for the delay or inability of the Visitor to avail the Services on the Platforms, the provision of or failure to provide the Services, or for any information, products, Services obtained from Nutristein through the Platforms, whether based on contract, tort, negligence, strict liability or otherwise. Further, Nutristein shall not be held responsible for non-availability of the Platforms during periodic maintenance operations or any unplanned suspension of access to the Platforms that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from Nutristein through the Platform is done entirely at his discretion and risk, and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.

The Services provided by Nutristein are ‘as is’, and Nutristein does not provide any warranties in relation to the Services. Nutristein does not guarantee that the Services shall meet the Visitor’s requirements, or shall be free of error, and interruptions. Nutristein does not guarantee that the Services shall be accessible at all times.

Nutristein does not guarantee any immediate success or specific results through the Services. The Visitor shall be fully responsible for his own wellbeing and fitness regimen. We expressly disclaim all liability which may arise by virtue of the meals being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.

The Visitor agrees and acknowledges that the Services and any incidental and ancillary information provided by Nutristein is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Visitor shall seek independent medical advice to address any health issues or concerns that they might have. Nutristein may require and request for a physical examination report from a certified doctor or medical practitioner before the commencement of providing any Services. The Visitor confirms and warrants that he has / shall give full and complete disclosure of all physical conditions, impairments, diseases (mental and / or physical), illnesses or infirmities that might affect or prevent the Visitor’s participation in the Services, to Nutristein.

The Visitor agrees that he is voluntarily availing the Services and assume all risks of injury. Nutristein does not assume and expressly denies any liability for any health-related issues arising directly or indirectly from any information, advice, or meals provided by Nutristein.

Nutristein shall not be liable in any manner for any injuries, sickness, ailments, disability or death, during the course of the Services, including weight gain or other health related issues, whether under a contract, warranty, tort (including negligence), product liability or otherwise. If you have a medical condition which affects your dietary requirements (e.g. allergies, intolerances and certain illnesses), you must not use our Services or must take your own medical advice before using our Services. Being under 18, or severely underweight, or pregnant, or breastfeeding may also affect your dietary requirements and you should check with your medical adviser before using our Services. If any of these circumstances apply to you, you must inform our customer service team of the circumstances that apply and the medical advice received. We may decline to allow you to us our Services. If you choose to use our Services, you do so at your own risk.

The Visitor hereby releases and agrees to hold Nutristein harmless from, and waive on behalf of himself and on behalf of his heirs, and any personal representatives, any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss that may be caused by any act during the course of Services or that may otherwise arise in any way in connection with any Services provided by Nutristein. Nutristein is released from any liability or claim that the Visitor or his heirs, or any personal representatives may have against it with respect to any bodily injury, illness, death or medical treatment that may arise from, or in connection to, any Services offered. Limitations herein described shall be applied to the greatest extent permitted under all applicable laws.

Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order, and/or to enjoin or restrain or otherwise impair in any manner, the Platform and provision of the Services by Nutristein.

The Visitor’s sole and exclusive remedy for any dispute with Nutristein shall be to discontinue the use of the Platform and the Services. In any event, the liability of Nutristein for any and all claims relating to the Services/Platform shall not exceed AED1000.00, or the total payments that may have been made by the Visitor in the past 2 (two) months immediately preceding the event giving rise to the dispute, whichever is lesser.

These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv)any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

FORCE MAJEURE

Nutristein shall not be liable for any failure to perform any of its obligations under the Terms or provide the Services or any part thereof, if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.

MISCELLANEOUS

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of the Terms shall continue to be in full force and effect.

You shall not assign, transfer or novate any of Your rights and obligations contained herein to a third party, without the prior written permission of Nutristein. Nutristein shall be entitled to freely transfer, assign or novate all or any of its rights and obligations contained herein to a third party, without prior notification or approval from You.

All notices and communications from the Visitor to Nutristein in relation to the Platform and/or any of the Services (including those termination of any of the Services etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent by an email or posted within the Platform.

The Terms along with the Privacy Policy, constitute the entire agreement between Nutristein and the Visitor, and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.

None of the provisions of the Terms, notices or the right to use the Platform / Services by the Visitor contained herein or any other section or pages of the Platform and/or the Allied Sites, shall be deemed to constitute a partnership between the Visitor and Nutristein, and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform / Services, the Visitor authorizes Nutristein and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Visitor shall be deemed to have appointed Nutristein and its agents as his agent for this purpose.

If You wish to contact Nutristein in writing, or if any condition in the Terms requires You to give Nutristein notice, You can send an e-mail to [email protected] or to such e-mail address that may be communicated to You from time to time. Nutristein will confirm receipt of this by contacting You in writing by e-mail. The Visitor may notify Nutristein of any complaints in relation to the Services or the Platforms, by contacting it at [email protected]. We will respond to you within a maximum period of 3 days from the receipt of such complaint.

If Nutristein has to contact You or give You notice in writing, Nutristein will do so by in-Platform chat, e-mail, or SMS to the mobile phone number or email address You provided to us in Your request in the Platform.

GOVERNING LAW

These Terms shall be governed by and construed in all respects in accordance with the Federal Laws of the United Arab Emirates. Any dispute or difference whatsoever arising between the Visitor and Nutristein out of or relating to these Terms shall be conclusively settled by arbitration by a sole arbitrator in accordance with the relevant rules of the Dubai International Arbitration Centre (DIAC) as modified from time to time (which are deemed to be incorporated by reference into this clause), and the award made in pursuance thereof shall be binding on the parties. The language of arbitration shall be English, and the place of arbitration shall be Dubai International Financial Centre, UAE. The arbitration award shall be in lieu of any other remedy which might otherwise be available to the parties.

For disputed claims of less than five hundred thousand dirhams (AED 500,000), the parties may elect to have the disputed claim decided by the Small Claims Tribunal (SCT) located within the Dubai International Financial Centre Courts, DIFC, Dubai.