Terms & Conditions
Last updated: 10 Dec 2023
NuvoVivo Healthcare Solutions Pvt Ltd (“us”, “we”, or “our”) operates nuvovivo.com (hereinafter referred to as “Service”).
Furter, you shall be deemed to have agreed to and accepted the below-given Terms & Conditions if you Sign Up/Register/Enroll for the programs provided by NuvoVivo OR Use the NuvoVivo application across any device or platform.
On signing-up/subscribing to NuvoVivo and their programs, you will be provided with access to various tools, information and advice on diet, workout videos, nutrition and other health-based topics (“Content”). All this Content is proprietary and is created either in-house by NuvoVivo or legally sourced from a network of voluntarily participating nutrition and diet consultancy organizations (“Partners”). Nuvovivo’s Content, including all pre-existing Trademarks and copyright material, shall remain the sole property of Nuvovivo, and Nuvovivo shall be the sole owner of all IP rights in connection with its content provided in any Digital Platform
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at nuvovivo.com (together or individually “Service”) operated by NuvoVivo.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or NuvoVivo cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting [email protected] customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide NuvoVivo with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize NuvoVivo to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, NuvoVivo reserves the right to terminate your access to the Service with immediate effect.
6. Free Trial
NuvoVivo may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”) in certain select cases only.
You may be required to enter your billing information in order to sign up for Free Trial
If you do enter your billing information when signing up for Free Trial, you will not be charged by NuvoVivo until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, NuvoVivo reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
NuvoVivo, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
NuvoVivo will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
8. Cancellation & Refund policy
Programs once enrolled cannot be canceled or refunded and NO REFUND will be issued, unless it is a duplicate payment. In case of duplicate payment, please reach us at [email protected] with supporting information and payment ids. The refunds, if processed, will be done only through the original mode of payment. Further, the program once started cannot be kept on hold, unless there is a valid medical reason. In case of a valid medical reason, you are required to send an email to the operations team at [email protected] alongside attaching the relevant medical reports/recommendation. However, the decision to put the program on hold or not solely and only lies with NuvoVivo on a case to case basis
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
NuvoVivo has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of NuvoVivo or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of NuvoVivo and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of NuvoVivo.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected].
17. Error Reporting and Feedback
You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by NuvoVivo.
NuvoVivo has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
19. Disclaimer Of Warranty
These services are provided by company on an “as is” and “as available” basis. company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
20. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for technical support by email: [email protected].
While you may share the information received from NuvoVivo with your social network, you must ensure at all times that the branding of NuvoVivo is adequately present in the communication and that all due credit is given to NuvoVivo for the Content. Any plagiarism or copying of Content is strictly prohibited and shall be enforced legally.
Since NuvoVivo is an web application that can be accessed via the Mobile Phone, Personal Computer and various other devices, you give your explicit consent to receive content as well as promotional offers from NuvoVivo and its Partners from time to time on your registered e-mail Id and Registered Mobile Number either by email, Calls, SMSes, WAP Pushes as well as by various other means not mentioned here, regardless of whether you are registered on the Do Not Call Registry or with any other such government / regulatory mechanism/body/platform/service. You agree that you cannot in any manner whatsoever bring any legal charges against NuvoVivo or any of its Partners for any Content or Promotional Offers that may be offered to you or accessed by you from time to time.
Amongst the many services offered by NuvoVivo is a ready made Diet Plans applicable for individuals with their specific nutritional requirements as chosen in the customizations. It is advisable for pregnant and post-pregnant women (up to 3 months) to not involve themselves in any physical activity or dieting regime without the guidance of qualified experts and make attempts to stay away from stress. NuvoVivo does not take any responsibility whatsoever with regards to the health problems that may arise out of dieting or exercising as provided by our experts of the application. (website, mobile app etc) If you engage in any exercise program you receive through NuvoVivo, you agree that you do so at your own risk and are voluntarily participating in these activities.
You agree that we will assess your health conditions and provide you a plan that best suits your health according to our understanding, and not the kind of diet plan/strategy that you ask us. For instance, we may not provide you a keto diet plan, Intermittent Fasting plan etc, just because you asked for it. The suitability of diet plan, diet strategies etc will be weighed in by our experts and we may deny it based on our understanding of what is best for your health.
You agree that you have handed over to us all details – especially your past/current illness details and that you understand the risks associated with mentioning wrong information or hiding details.
You agree that you cannot hold NuvoVivo accountable of any untoward incidents that may arise out of such hidden information. You also agree that all relevant medical issues, illness or special conditions are clearly mentioned to NuvoVivo and are also confirmed over a written communication (email) and that NuvoVivo will not be responsible for any damage / health issues that may arise out of the same
You also agree that the pictures provided to us on the website or whatsapp are yours and that in case someone makes their claims right on those, NuvoVivo will not be held accountable. You understand that the coaches, experts, dieticians, exercise experts at NuvoVivo are not doctors and their advice whether it be on our website, in the meal plans, exercise program’s or via email, none of those are meant as a substitute for medical advice. You agree that you are choosing the services at your own will and NuvoVivo will not be held responsible for any injuries or health problems you may experience or even death as a result of using the advice
- All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- NuvoVivo will not pass any debit / credit card details to third parties
- NuvoVivo takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies.However, NuvoVivo cannot guarantee the security of any information that is disclosed online
- NuvoVivo is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.