TERMS OF SERVICE
14 February 2017
1 You accept these terms
When you access the website at http://www.nutrigion.com (‘the Website”) or the Nutrigion mobile phone or tablet application (“the Mobile Applications”) (collectively, “the Service Channels”) or use any of the features and functionalities available through these Service Channels, you enter into an agreement with Nutrigion CC (Reg No. 2007/240880/23), (“we”, ”us”, “our”, "Nutrigion") on the terms and conditions set out in these Terms of Service and the Privacy and Security Policy (collectively the "Terms").
2 The service that we provide
2.1 The Service Nutrigion provides is an online assessment, personal training and nutrition management service that allows you to assess your current physical state, and prescribe exercises, routines and workouts, with custom/automatic/ready-made options available to help you manage and improve your health and fitness (“the Service”). We also facilitate the connecting of existing Facebook and Youtube videos to our site enabling people to make routines with their videos and further expose their own video channels.
2.2 The Service does not include any medical, tax, legal or financial advice.
3 We will let you know if the Terms change
Each time you access a Service Channel, you agree to be bound by the Terms. We can change the Terms at any time and will publish the amended Terms (“the New Terms”) on the Service Channels. We will alert you to the fact that the Terms have changed and give you an opportunity to review the New Terms. If you don’t agree to the New Terms, you can terminate your use of the Service by following the online process provided for this purpose.
4 We will keep your personal information private
We will protect any personal information we receive when you use the Service Channels and the Service and only use it as set out in our Privacy and Security Policy.
5 You must register to access the Service Channels and use the Service.
5.1 We advertise the Service on the Service Channels and on https://www.nutrigion.com as an invitation to you to register to use the Service.
5.2 To start the registration process you must log in with Facebook.
5.3 When you log in for the first time, and you will be redirected to a disclaimer. Click Agree on the disclaimer to proceed. This will direct you to the page you were on.
5.4 Once this has happened, the agreement for your use of the Service begins.
6 Tokens and payouts
6.1 We offer 10 free tokens with each new log in. Users will be rewarded with a fraction of a token for visiting our website and browsing/saving/reporting/rating items. Free tokens can only be used on content owned by Kilo2kili, or automatic routines. Users will have to purchase tokens through Paypal on the settings page, should you want to purchase items belonging to other people, or need more tokens. Once tokens are purchased they are non-refundable. Should you be unhappy with a product from someone other than Nutrigion, use their social media link to solve the issue with them directly. . a free trial of the Service. At the end of the free trial period, you can choose to continue using the Service for a monthly fee (“Subscription Fee”). If you don’t pay the Subscription Fee, you can’t use the Service after the free trial period expires.
6.2 If a content provider would like to withdraw their tokens into their Payment Portal account, you must have a minimum of 5 tokens to withdraw. You cannot withdraw tokens which you have purchased.
7 Use your Login Details to access the Service
7.1 Each time you want to access the Service you must log in with Facebook as you provided as part of your Registration Information.
7.2 Keep your Login Details safe to prevent unauthorised access to the Service.
7.3 If you suspect there has been, or could have been, unauthorised access using your Login Details, you must:
7.3.1 change your Login Details on Facebook, or
7.3.2 email us on firstname.lastname@example.org instructing us to block access.
7.4 When you email us we will immediately block access and let you know if we discover any actual or suspected unauthorised access.
8 You authorise us to collect your Account Information
8.1 The Service relies on the automated collection (“Information Aggregation”) of the balances, transactions and other information necessary for us to provide the Service (“Account Information”) in the online accounts of financial and other institutions with which you have customer relationships (“Product/Service Providers”). We may from time to time employ a Nutrigion appointed authorised Information Aggregation service provider ("AIASP").
8.2 You authorise our AIASP and us as your agents to use your user IDs, PINs, passwords and any other authentication information as may be necessary (“Security Credentials”) to automatically and electronically collect your Account Information from your Product/Service Providers on your behalf. We will do so ONLY to the extent necessary to provide the Service to you and always in accordance with our Privacy and Security Policy. You agree that your Product/Service Providers can rely on and act according to this authorisation and agency.
8.3 If necessary, we may need you to give your Product/Service Providers written notice that you have authorised AIASP and us to collect your Account Information on your behalf. If you don’t give them written notice and as a result we can’t provide the Service to you, we may have to terminate your access to the Service.
8.4 We are not responsible for the products and services offered by any Product/Service Providers.
8.5 The Service is not endorsed or sponsored by any Product/Service Providers accessible through the Service.
9 Information you provide
9.1 All the information you submit, including Personal Information and your Security Credentials, must be, and remain, accurate, current and complete. Please update the information via the Service if it changes.
9.2 You warrant that you are authorised to submit the Personal Information and Security Credentials to us.
9.3 By using the Service, you grant us, AIASP and other authorised service providers who assist us to provide the Services to you the right to use any information, data, materials or other content (collectively, “Content”) you provide through or to the Service, SOLELY for the purpose of providing the Service. Such use will always be in accordance with our Privacy and Security Policy. By submitting Content, you agree and warrant that the owner of such Content has expressly agreed that, without any particular time limit, we, and our AIASP may use the Content ONLY for the purposes set out above. In case you are confused, when we talk about “Content” WE ARE NOT REFERRING TO YOUR SECURITY CREDENTIALS which are only ever used by ourselves and our AIASP and ALWAYS in accordance with our Privacy and Security Policy.
10 Communications that originate from you
We may assume that all electronic communications which reasonably appear to originate from you or a person you have told us is authorised to act on your behalf (collectively "the originator") are in fact from you and the form in which we receive the communication is the same as when it was first dispatched.
11 Service may not always be available
11.1 We do not guarantee that the Service will always be available.
11.2 We are also not responsible for the accuracy of any Account Information,
communications or personalisation settings. For example, Account Information displayed through the Service is only as up to date as the time shown which reflects when the information was last collected on your behalf from your Product/Service Provider’s system. Your Product/Service Providers may have more up-to-date information.
12 To protect the integrity of our Service Channels and Proprietary Information
You may not –
12.1 use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of control over, copying or monitoring of the Service Channels;
12.2 use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the Service Channels, other than the search engines and search agents available through the Service and generally available third-party web browsers;
12.3 post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the Service Channels or the Service; and/or
12.4 attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Service Channels or the Service.
13 Unlawful activity and user forums
13.1 You may not use the Service to post any message or material that is unlawful, defamatory, abusive, indecent, threatening, harmful, obscene, racially-offensive, or pornographic. We will remove any posting or message that infringes this prohibition and, if you continue posting messages or material of this kind, we may terminate your use of the Service.
13.2 Please be aware that postings and messages are displayed under your registered name and will remain visible even after your subscription to the Service ends, unless you specifically request this be removed as set out in the Privacy and Security Policy.
14 Termination of your login access to the Service by You or Us
14.1 You may terminate the Service at any time by following the termination procedure on the Service Channels or as set out in clause 3 [we will let you know if the terms change] of the Terms.
14.2 We may terminate your login access to the Service
14.2.1 at any time by giving you notice; and
14.2.2 in the event of you breaching these Terms .
14.3 On termination
14.3.1 all your rights under these Terms end immediately;
14.3.2 you must pay all fees and charges you have incurred up until the date of termination;
14.3.3 we will close your account and deactivate your Login Details;
14.3.4 you must deactivate all page videos, by clicking deactivate all in the browser
14.3.5 we will remove from our records all your information in our possession other than information and data which we are obliged by law to retain.
15 Breach of these Terms
15.1 Should either of us ("the Defaulting Party") breach these Terms and fail to remedy the breach within fourteen days of receiving written notice from the other party ("the Aggrieved Party"), the aggrieved party may, without prejudice to its other rights in law, terminate the Service agreement or claim immediate specific performance of all of the defaulting party's obligations whether or not due for performance.
16 Our intellectual property
16.1 We own or are licensed to use all intellectual property rights in all materials, text, drawings and data (collectively "the Materials") made available on the Service Channels. This does not include the property referred to in 17 below and/or your Account Information and other Personal Information which will always belong to you and will only be used by us in accordance with our Privacy and Security Policy
16.2 Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of the Materials is an infringement of our rights.
16.3 We own or are licensed to use the Trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Service Channel whether registered or unregistered. You must get our permission in writing if you want to use any Trademark
16.4 You may use the Materials only to the extent necessary to enable you to use the Service.
17 Your intellectual property
17.1 Save for what has been specifically created by Nutrigion, we do NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through http://www.nutrigion.com or on the service channels. By displaying or publishing ("posting") any Content on or through http://www.nutrigion.com or on the service channels, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside http://www.nutrigion.com or on the service channels.
17.2 You represent and warrant that: (i) you own the Content posted by you on or through http://www.nutrigion.com or on the service channels or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the http://www.nutrigion.com or on the service channels does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Services Channels.
18 .External websites and linking to our Service Channels
18.1 Your use or reliance on external links is at your own risk.
18.2 We grant you a limited, nonexclusive right, revocable by us at any time, to create a hyperlink to our Service Channels, provided such link does not portray us or our Service in a false, misleading, derogatory or defamatory manner and/or does not misrepresent the relationship between the third party website and us.
19 We may send you alerts and notifications
19.1 We may send alerts, notifications and other communications to you by way of email, SMS or other electronic delivery mechanism and you consent to receive communications from us in any such manner.
19.2 We will send electronic alerts to the address (email or other) you have provide to use. If your details change, please update them via the Service.
19.3 You can switch account alerts that we send on or off.
20 Content Providers
20.1 For the purpose of these Terms of Service, a Content Provider shall mean -any video you connect (or upload), and/or routine you create.
20.2 Your item is reported if a user feels it could be a dangerous exercise, is not the video described, bad quality and/or for other unforeseen cause, we will review the item in 20 working days. Should the report be found to be justified, we will deactivate the item on our server. Should a Content Provider have 10 items reported, they will no longer be able to make their items public. Should an item provider have 20 items reported, the provider will be blocked from our servers. All of the above will be at Nutrigion’s sole discretion.
20.3 You can supply content for free/paid use. Should someone have saved/favourited your item, they will not have to pay for it should you decide to charge for it in the future.
20.4 Items set to “public” will be visible to any users, as long as the item has 1,000+ views on our site, and has a rating of 3 stars of more.
20.5 All items will link to the Facebook page of the owner, and if the item is a video it will have a direct link to the original video.
20.6 Only videos set to Public/Embeddable will be allowed to be added to our system.We keep 10% of all withdrawals and purchases on our site for our service as a transaction fee.
Although we will always try to ensure the Service Channels are available, the Service and Service Channels are provided “as is”.Subject to the Consumer Protection Act 68 of 2008 as read with any of its Regulations (collectively "the CPA”), we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard.
20.8 Subject to the CPA, we
20.8.1 disclaim all implied warranties of merchantability or fitness or health for a particular purpose;
20.8.2 do not warrant that the Service Channels and the information they contain, the Service or any output generated by your use of the Service, or any alert, will
22.214.171.124 meet your requirements;
126.96.36.199 be uninterrupted, timely, secure or error free;
188.8.131.52 meet any particular measure of accuracy, completeness or reliability, performance or quality;
184.108.40.206 be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
20.9 No information obtained by you from us and/or our authorised service providers through or from the Service will create any warranty by us or the service provider in question.
20.10 You warrant that
20.10.1 you are legally entitled to access the Service Channels and use the Service;
20.10.2 you have, and will continue to have for the duration of Terms, all necessary consents to use the Service
20.10.3 you have capacity to be bound by the Terms.
21 Risks of Product Use:
21.1 The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the diet plans or exercises (including products and services) mentioned at https://www.nutrigion.com or on the service channels should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We do not provide any guarantees or warranties to the effectiveness of any exercise, activities or diets that we provide or any results that you may or may not achieve carrying out any exercise, activity or diet that we provide. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
21.2 There may be risks associated with participating in activities mentioned on https://www.nutrigion.com and on the service channels for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you should not participate in such diet plans or exercise routines if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary and physical activities. These risks may also exist for those who are currently in good health.
21.3 In addition, an important component of the program involves lifting heavy weights (barbells and dumbbells). This activity carries inherent risks, which risks are compounded if done with the incorrect technique. You may experience muscle tears, pulls, sprains, dislocations, or other undesirable health consequences. Users assume all risks inherent in participating in the activities prescribed by the website.
22 Our and your liability is limited
22.1 Neither we nor our members/directors will be liable for any liability or damage (other than arising from our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to
22.1.1 your use of or reliance on the Service;
22.1.2 the Service Channels;
22.1.3 your use of or reliance on any information offered on or via the Service Channels;
22.1.4 your acts or omissions;
22.1.5 a breach by you of the Terms;
22.1.6 the fact that we act on your instructions or instructions purported to emanate from you
22.1.7 any unlawful access or monitoring of information transmitted to us;
22.1.8 any error or omission in respect of information submitted to us (including Registration Information and Account Information).
22.2 You must not construe any information we release (including but not limited to any information contained in any reports or alerts) or any information you obtain through use of the Service as an opinion on your solvency, financial standing or creditworthiness. You are solely responsible for all actions and decisions you take in reliance on this information.
22.3 You will not be liable for any liability or damage (other than arising from your fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to
22.3.1 our acts or omissions;
22.3.2 a breach by us of the Terms.
22.4 If we are found to be liable, our liability is limited to an amount equal to the fees you paid us for the Service for a period of one month before the cause of action arose.
22.5 Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.
23 You indemnify us
You indemnify us, our AIASP and our other authorised service providers and their affiliates against any third party claims, damages or costs (including reasonable attorney’s fees) caused by or attributable to your -
23.1 acts or omissions,
23.2 use of the Service and the Service Channels
23.3 breach of these Terms.
24 Address for Legal Notices
24.1 You agree to accept any notice or legal process relating to these Terms at the email address provided during the registration process.
24.2 You must send any notice or legal process relating to these Terms to our address set out in clause 31.
24.3 We can change our physical address (to any other physical address in South Africa), our telephone number and facsimile number and we will give you notice of such change.
25 This is the only agreement between you and us
25.1 These Terms are the sole record of the agreement between you and us in relation to the Service. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in these Terms.
25.2 These Terms replace all prior written and verbal communications, between us about the Service.
25.3 If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our rights, unless we expressly agree in writing to waive or limit them.
26 We can assign our rights on notice to you
If we merge, sell or otherwise assign our assets and this involves transferring our rights and obligations under these Terms to a third party, we will let you know before we do this. If you do not agree to the transfer of our rights and obligations, you may terminate your use of the Service with effect from the date of transfer or assignment.
27 Each term is severable
If any provision of these Terms is or becomes unenforceable in any jurisdiction, the unenforceable aspect of that provision will be treated in such jurisdiction as if it had not been included in the Terms. The remaining provisions of the Terms will remain valid.
28 Cross-border transfer of your information
Our AIASP and some of our other authorised service providers may be situated outside South Africa. You consent to your personal information (including Account Information and Security Credentials) being transferred cross-border so that we can render the Service to you. We will ensure that all such authorised service providers have security and privacy policies and procedures providing at least the same level of protection as our Terms.
29 Children can only use the Service with consent
If you are under 18, you may only use the Service with the consent and involvement of a parent or other legally competent person. We reserve the right to ask you for such information as is necessary to prove that you are 18 years or older, or that you are using the Service with the consent and involvement of a parent or legally competent person.
30 Events or circumstances beyond our control.
30.1 If events or circumstances beyond our reasonable control (“force majeure”) prevent either of us (“Affected Party”) from fulfilling any of our obligations, those obligations will be suspended to the extent that and for as long as the Affected Party is so prevented.
30.2 If the force majeure continues for more than fourteen days, the affected party can terminate the Terms by giving notice to the other.
30.3 Force majeure includes an unavoidable natural catastrophe (“vis major”), an uncontrollable accident (“casus fortuitous”), any act of G-d, strike, theft, riots, explosion, insurrection, war (whether declared or not), military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority or any court order.
31 Your queries and complaints
Please email any queries or complaints to our customer support team at email@example.com.
32 The law that applies to these Terms
32.1 If there is any conflict between these Terms and the CPA, the CPA will apply.
32.2 These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
32.3 You consent to the exclusive jurisdiction of the courts of the Republic of South Africa over any dispute about the Services or the Terms.
33 Nutrigion’s details
33.1 Full name: Nutrigion CC, (Reg No. 2007/240880/23).
33.2 Physical address (including for receipt of legal service): 13 Sunny road glenhazel 2192, Johannesburg, south africa
33.3 Telephone number: 082 615 5472
33.4 Website address: http://www.nutrigion.com
33.5 Email address: firstname.lastname@example.org
33.6 Managing member; Jonathan Kowensky
34 Proof of date of publication and version of terms
A certificate signed by our Directors will, unless the contrary is proven, be sufficient evidence of
34.1 the date of publication and the content of the Terms and new Terms,
34.2 the date of publication and the content of earlier versions of the Terms;
34.3 the date and content of any communication and notifications sent in terms of the Terms.
Copyright in these Terms vests with Nutrigion CC.